[111th Congress Public Law 117]
[From the U.S. Government Printing Office]
[[Page 3033]]
CONSOLIDATED APPROPRIATIONS ACT, 2010
[[Page 123 STAT. 3034]]
Public Law 111-117
111th Congress
An Act
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2010, and for other purposes. <<NOTE: Dec. 16,
2009 - [H.R. 3288]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2010.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related agencies
Title IV--General provisions--This Act
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2010
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2010
Title I--Department of the Treasury
Title II--Executive Office of the President and funds
appropriated to the President
Title III--The judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
[[Page 123 STAT. 3035]]
Title V--General provisions
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2010
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010.
DIVISION A <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2010.>> --TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
TITLE I <<NOTE: Department of Transportation Appropriations Act,
2010.>>
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $102,686,000,
of which not to exceed $2,631,000 shall be available for the immediate
Office of the Secretary; not to exceed $986,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $20,359,000
shall be available for the Office of the General Counsel; not to exceed
$11,100,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,559,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,504,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,520,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,055,000 shall be available for the Office of Public
Affairs; not to exceed $1,658,000 shall be available for the Office of
the Executive Secretariat; not to exceed $1,499,000 shall be available
for the Office of Small and Disadvantaged Business Utilization; not to
exceed $10,600,000 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $13,215,000 shall be available for
the Office of the Chief Information
[[Page 123 STAT. 3036]]
Officer: <<NOTE: Transfer authority.>> Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all such
transfers: <<NOTE: Notification.>> Provided further, That notice of any
change in funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided further,
That not to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$600,000,000, to remain available through September 30, 2012:
Provided, <<NOTE: Grants.>> That the Secretary of Transportation shall
distribute funds provided under this heading as discretionary grants to
be awarded to a State, local government, transit agency, or a
collaboration among such entities on a competitive basis for projects
that will have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects;
and port infrastructure investments: Provided further, That in
distributing funds provided under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of
funds, an appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation
modes: <<NOTE: Grants.>> Provided further, That a grant funded under
this heading shall be not less than $10,000,000 and not greater than
$200,000,000: Provided further, That not more than 25 percent of the
funds made available under this heading may be awarded to projects in a
single State: Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at the option
of the recipient, up to 80 percent: Provided further, That the Secretary
shall give priority to projects that require a contribution of Federal
funds in order to complete an overall financing package: Provided
further, That not less than $140,000,000 of the funds provided under
this heading shall be for projects located in rural areas: Provided
further, That for projects located in rural areas, the minimum grant
size shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That of the amount
made available under this heading, the Secretary may use an amount not
to exceed $150,000,000 for the purpose of paying the subsidy and
administrative costs of projects eligible for federal credit assistance
under chapter 6 of title 23, United States Code, if the Secretary finds
that such use of the funds would advance the purposes of this paragraph:
Provided further, That of the
[[Page 123 STAT. 3037]]
amount made available under this heading, the Secretary may use an
amount not to exceed $35,000,000 for the planning, preparation or design
of projects eligible for funding under this heading: Provided further,
That projects conducted using funds provided under this heading must
comply with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further,
<<NOTE: Publication. Criteria. Time periods.>> That the Secretary shall
publish criteria on which to base the competition for any grants awarded
under this heading no sooner than 60 days after enactment of this Act,
require applications for funding provided under this heading to be
submitted no sooner than 120 days after the publication of such
criteria, and announce all projects selected to be funded from funds
provided under this heading no sooner than September 15, 2010: Provided
further, That the Secretary may retain up to $25,000,000 of the funds
provided under this heading, and may transfer portions of those funds to
the Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the
Federal Maritime Administration, to fund the award and oversight of
grants made under this heading.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available until expended.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,667,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $16,168,000.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $147,596,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal administrator: Provided
further, <<NOTE: Notification.>> That no assessments may be levied
against any program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations and are
approved by such Committees.
[[Page 123 STAT. 3038]]
minority business resource center program
For the cost of guaranteed loans, $353,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $570,000.
minority business outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,074,000, to remain available until September 30, 2011:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $150,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this heading are
insufficient to meet the costs of the essential air service program in
the current fiscal year, the Secretary shall transfer such sums as may
be necessary to carry out the essential air service program from any
available amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
administrative provisions--office of the secretary of transportation
Sec. 101. <<NOTE: Assessments. Contracts.>> None of the funds made
available in this Act to the Department of Transportation may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appropriated
to the modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Sec. 102. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Sec. 103. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to the
reduction of motorcycle fatalities.
[[Page 123 STAT. 3039]]
Sec. 104. <<NOTE: Transfer authority.>> The Secretary of
Transportation is authorized to transfer the unexpended balances
available for the bonding assistance program from ``Office of the
Secretary, Salaries and expenses'' to ``Minority Business Outreach''.
Sec. 105. Such amounts as are required from amounts provided in
this Act to the Office of the Secretary of Transportation for the
Transportation Planning, Research and Development program may be used
for the development, coordination, and analysis of data collection
procedures and national performance measures.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$9,350,028,000, of which $4,000,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,299,299,000
shall be available for air traffic organization activities; not to
exceed $1,234,065,000 shall be available for aviation safety activities;
not to exceed $15,237,000 shall be available for commercial space
transportation activities; not to exceed $113,681,000 shall be available
for financial services activities; not to exceed $100,428,000 shall be
available for human resources program activities; not to exceed
$341,977,000 shall be available for region and center operations and
regional coordination activities; not to exceed $196,063,000 shall be
available for staff offices; and not to exceed $49,278,000 shall be
available for information services: Provided, That the Secretary utilize
not less than $17,084,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided further,
That none of the funds provided for increases to the staffs of the
aviation flight standards and aircraft certification offices shall be
used for other purposes: Provided further, That not to exceed 2 percent
of any budget activity, except for aviation safety budget activity, may
be transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, <<NOTE: Deadline. Reports. 49 USC 4450's note.>> That
not later than March 31 of each fiscal year hereafter, the Administrator
of the Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December 2004
pursuant to section 221 of Public Law 108-176: <<NOTE: Fines.>> Provided
further, That the amount herein appropriated shall be reduced
[[Page 123 STAT. 3040]]
by $100,000 for each day after March 31 that such report has not been
submitted to the Congress: Provided
further, <<NOTE: Deadline. Reports. 44 USC 4502 note.>> That not later
than March 31 of each fiscal year hereafter, the Administrator shall
transmit to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards and
aircraft certification staff in a format similar to the one utilized for
the controller staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: <<NOTE: Fines.>> Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: <<NOTE: User fees.>> Provided further, That none of the
funds in this Act shall be available for new applicants for the second
career training program: Provided further, That none of the funds in
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $9,500,000 shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: <<NOTE: Audits.>>
Provided further, That of the funds available under this heading not to
exceed $500,000 shall be provided to the Department of Transportation's
Office of Inspector General through reimbursement to conduct the annual
audits of financial statements in accordance with section 3521 of title
31, United States Code, and not to exceed $120,000 shall be provided to
that office through reimbursement to conduct the annual Enterprise
Services Center Statement on Auditing Standards 70 audit.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase,
[[Page 123 STAT. 3041]]
lease, or transfer of aircraft from funds available under this heading,
including aircraft for aviation regulation and certification; to be
derived from the Airport and Airway Trust Fund, $2,936,203,000, of which
$2,466,203,000 shall remain available until September 30, 2012, and of
which $470,000,000 shall remain available until September 30, 2010:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, <<NOTE: Investment plan.>> That upon initial submission to the
Congress of the fiscal year 2011 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2011 through 2015,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$190,500,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2012: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of
[[Page 123 STAT. 3042]]
programs the obligations for which are in excess of $3,515,000,000 in
fiscal year 2010, notwithstanding section 47117(g) of title 49, United
States Code: <<NOTE: Explosive detection systems.>> Provided further,
That none of the funds under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of terminal
baggage areas, or other airport improvements that are necessary to
install bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $93,422,000 shall be obligated for
administration, not less than $15,000,000 shall be available for the
airport cooperative research program, not less than $22,472,000 shall be
for Airport Technology Research and $6,000,000, to remain available
until expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program.
(rescission)
Of the amounts authorized for the fiscal year ending September 30,
2009, and prior years under sections 48103 and 48112 of title 49, United
States Code, $394,000,000 are permanently rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2010.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
is amended--
(1) by striking ``September 30, 2009,'' and inserting
``September 30, 2010,''; and
(2) by striking ``December 31, 2009,'' and inserting
``December 31, 2010,''.
[[Page 123 STAT. 3043]]
(b) Section 44303(b) of such title is amended by striking ``December
31, 2009,'' and inserting ``December 31, 2010,''.
Sec. 115. <<NOTE: New Jersey.>> None of the funds appropriated or
limited by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 116. None of the funds limited by this Act for grants under
the Airport Improvement Program shall be made available to the sponsor
of a commercial service airport if such sponsor fails to agree to a
request from the Secretary of Transportation for cost-free space in a
non-revenue producing, public use area of the airport terminal or other
airport facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.
Sec. 117. <<NOTE: Premium pay.>> None of the funds in this Act
shall be available for paying premium pay under subsection 5546(a) of
title 5, United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 118. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 119. <<NOTE: Apportionment.>> The Secretary shall apportion to
the sponsor of an airport that received scheduled or unscheduled air
service from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other regulations as may
be issued by the Secretary under the authority of section 41709) an
amount equal to the minimum apportionment specified in 49 U.S.C.
47114(c), if the Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on data
submitted to the Secretary under part 241 of title 14, Code of Federal
Regulations.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $413,533,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed $3,524,000
shall be paid from appropriations made available by this Act and
transferred to the Department of Transportation's Office of Inspector
General for costs associated with audits and investigations of projects
and programs of the Federal Highway Administration, and not to exceed
$285,000 shall be paid from appropriations made available by this Act
and provided to that office through reimbursement to conduct the annual
audits of financial statements in accordance with section 3521 of title
31, United States Code. In addition, not to exceed $3,220,000 shall be
paid from appropriations made available by this Act and transferred to
the Appalachian Regional Commission in accordance with section 104 of
title 23, United States Code.
[[Page 123 STAT. 3044]]
federal-aid highways
(limitation on obligations)
(highway trust fund)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $41,107,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 2010:
Provided, That within the $41,107,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or execution
of programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2010: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
surface transportation priorities
For the necessary expenses of certain highway and surface
transportation projects, $292,829,000, to remain available until
expended: Provided, That the amount provided under this heading shall be
made available for the programs, projects, and activities identified
under this heading in the explanatory statement accompanying this Act:
Provided further, That funds provided under this heading, at the request
of a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds provided under
this heading shall be 100 percent: Provided further, That none of the
funds provided under this heading shall be subject to any limitation
[[Page 123 STAT. 3045]]
on obligations for Federal-aid highways and highway safety construction
programs set forth in this Act or any other Act.
administrative provisions--federal highway administration
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2010, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (9) of subsection (b) and sums
authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users) and section
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for that
section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by
the Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
[[Page 123 STAT. 3046]]
United States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5), for Federal-aid highways and highway
safety construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
(j) of section 131 of the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987; (6) under
sections 1103 through 1108 of the Intermodal Surface Transportation
Efficiency Act of 1991; (7) under section 157 of title 23, United States
Code, as in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of those
fiscal years; (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation
authority has not lapsed or been used; (10) under section 105 of title
23, United States Code, but only in an amount equal to $639,000,000 for
each of fiscal years 2005 through 2010; and (11) under section 1603 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation.
(c) Redistribution of Unused Obligation
Authority. <<NOTE: Distribution date.>> --Notwithstanding subsection
(a), the Secretary shall, after August 1 of such fiscal year, revise a
distribution of the obligation limitation made available under
subsection (a) if the amount distributed cannot be obligated during that
fiscal year and redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during that
fiscal year, giving priority to those States having large unobligated
balances of funds
[[Page 123 STAT. 3047]]
apportioned under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users, except that obligation authority made available for such programs
under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.-- <<NOTE: Deadline.>> Not later than 30 days
after the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any
obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
[[Page 123 STAT. 3048]]
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. There is hereby appropriated to the Secretary of
Transportation $650,000,000, to remain available through September 30,
2012: Provided, That the funds provided under this section shall be
apportioned to the States in the same ratio as the obligation limitation
for fiscal year 2010 is distributed among the States in section
120(a)(6) of this Act, and made available for the restoration, repair,
construction, and other activities eligible under paragraph (b) of
section 133 of title 23, United States Code: Provided further, That
funds apportioned under this section shall be administered as if
apportioned under chapter 1 of title 23, United States Code: Provided
further, That the Federal share payable on account of any project or
activity carried out with funds apportioned under this section shall be
80 percent: Provided further, That funding provided under this section
shall be in addition to any and all funds provided for fiscal year 2010
in this or any other Act for ``Federal-aid Highways'' and shall not
affect the distribution of funds provided for ``Federal-aid Highways''
in any other Act: Provided further, That the amounts made available
under this section shall not be subject to any limitation on obligations
for Federal-aid highways or highway safety construction programs set
forth in any Act: Provided further, <<NOTE: Applicability.>> That
section 1101(b) of Public Law 109-59 shall apply to funds apportioned
under this section.
Sec. 123. <<NOTE: Time period. Notice. Public comments. 23 USC 313
note.>> Not less than 15 days prior to waiving, under his statutory
authority, any Buy America requirement for Federal-aid highway projects,
the Secretary of Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and the reasons
therefor: <<NOTE: Reports.>> Provided, That the Secretary shall provide
an annual report to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 124. <<NOTE: Texas.>> (a) In General.--Except as provided in
subsection (b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise authorize the
imposition of any toll on any segment of highway located on the Federal-
aid system in the State of Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply to
any segment of highway on the Federal-aid system described in
that subsection that, as of the date on which a toll is imposed
on the segment, will have the same number of non-toll lanes as
were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll
[[Page 123 STAT. 3049]]
lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of the
toll, if--
(A) high-occupancy vehicles occupied by the number
of passengers specified by the entity operating the toll
lane may use the toll lane without paying a toll, unless
otherwise specified by the appropriate county, town,
municipal or other local government entity, or public
toll road or transit authority; or
(B) each high-occupancy vehicle lane that was
converted to a toll lane was constructed as a temporary
lane to be replaced by a toll lane under a plan approved
by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority.
Sec. 125. (a) In the explanatory statement referenced in section 129
of division K of Public Law 110-161 (121 Stat. 2388), the item relating
to ``Route 5 Overpass and River Center, St. Mary's County, MD'' in the
table of projects for such section 129 is deemed to be amended by
striking ``Route 5 Overpass and River Center, St. Mary's County, MD''
and inserting ``Safety Improvements and Traffic Calming Measures along
Route 5 at St. Mary's County, MD''.
(b) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``US 422 River Crossing Complex Project, King of Prussia, PA'' in the
table of projects under the heading ``Transportation, Community, and
System Preservation Program'' is deemed to be amended by striking ``US
422 River Crossing Complex Project, King of Prussia, PA'' and inserting
``For closed loop signal control system and other improvements for
Trooper Road in Lower Providence and West Norriton Townships, Montgomery
County, PA''.
(c) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Improving the West Bank River Front, IL'' in the table of projects
under the heading ``Transportation, Community, and System Preservation
Program'' is deemed to be amended by striking ``Improving the West Bank
River Front, IL'' and inserting ``East Bank River Front and Bikeway
Improvements, IL''.
(d) In the explanatory statement referenced in section 186 of title
I of division K of Public Law 110-161 (121 Stat. 2406), as amended by
section 129(d) of division I of Public Law 111-8 (123 Stat. 947), the
item relating to ``Repair of Side Streets and Relocation of Water Mains
resulting from rerouting of traffic and reconstruction of 159th Street
in Harvey, IL'' in the table of projects under the heading
``Transportation, Community, and System Preservation Program'' is deemed
to be amended by striking ``Repair of Side Streets and Relocation of
Water Mains resulting from rerouting of traffic and reconstruction of
159th Street in Harvey, IL'' and inserting ``Intersection Improvements
on Crawford Avenue and 203rd Street in the Village of Olympia Fields,
IL''.
(e) In the explanatory statement referenced in section 129 of
division K of Public Law 110-161 (121 Stat. 2388), the item relating to
``Study Improvements to 109th Avenue, Winfield, IN'' in the table of
projects for such section 129 is deemed to be amended by striking
``Winfield, IN'' and inserting ``Town of Winfield, City of Crown Point,
Lake County, IN''.
[[Page 123 STAT. 3050]]
(f) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Ronald Reagan Parkway (Middle and Southern segments), Boone County,
IN'' in the table of projects under the heading ``Transportation,
Community, and System Preservation Program'' is deemed to be amended by
striking ``Boone County'' and inserting ``Hendricks County''.
(g) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Onville Road Intersection and Road-Widening Project, Prince William
County, VA'' in the table of projects under the heading ``Federal
Lands'' is deemed to be amended by striking ``Prince William'' and
inserting ``Stafford''.
(h) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``U.S. 59/Alabama Grade Separation Project, St. Joseph, MO'' in the
table of projects under the heading ``Interstate Maintenance
Discretionary'' is deemed to be amended by striking ``U.S. 59/Alabama
Grade Separation Project, St. Joseph, MO'' and inserting ``I-29
Interchange Reconstruction in St. Joseph, MO''.
(i) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Decking and Sidewalk Replacement on the Central Avenue Overpass,
South Charleston, WV'' in the table of projects under the heading
``Interstate Maintenance Discretionary'' is deemed to be amended by
striking ``Decking and Sidewalk Replacement on the Central Avenue
Overpass, South Charleston, WV'' and inserting ``General Interstate
Maintenance, WV''.
(j) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Wapsi Great Western Line Trail, Mitchell County, IA'' is deemed to
be amended by striking ``Mitchell County'' and inserting ``Mitchell and
Howard Counties''.
(k) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Highway 169 Corridor Project Environmental Assessment, Preliminary
Engineering and Planning, Humboldt, IA'' is deemed to be amended by
striking ``Corridor Project Environmental Assessment, Preliminary
Engineering and Planning, Humboldt, IA'' and inserting ``Construction,
Humboldt and Webster Counties, IA''.
(l) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Highway 53 Interchanges, WI'' is deemed to be amended by striking
``Interchanges'' and inserting ``Intersections''.
Sec. 126. Item 4866A in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) <<NOTE: 119 Stat. 1442; 122 Stat.
1596.>> is amended by striking ``Repair and restore'' and inserting
``Removal of and enhancements around''.
Sec. 127. Item 3923 in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) <<NOTE: 119 Stat. 1407.>> is
amended by striking ``to 4 lanes from I-10 to West U.S. 90''.
Sec. 128. Funds made available for ``Brentwood Boulevard/SR 4
Improvements, Brentwood, CA'' under section 129 of Public
[[Page 123 STAT. 3051]]
Law 110-161 shall be made available for ``John Muir Parkway Project,
Brentwood, CA''.
Sec. 129. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended in item number 3138 <<NOTE: 119 Stat.
1378.>> by striking the project description and inserting ``Elimination
of highway-railway crossings and rehabilitation of rail along the KO
railroad to Osborne''.
Sec. 130. Funds made available for ``City of Tuscaloosa Downtown
Revitalization Project--University Blvd and Greensboro Avenue, AL''
under section 125 of Public Law 111-8 shall be made available for ``City
of Tuscaloosa Downtown Revitalization Project--University Blvd''.
Sec. 131. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended by striking the project description
for item number 4573 <<NOTE: 119 Stat. 1431.>> and inserting the
following: ``Design and construct interchange on I-15 in Mesquite''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, $239,828,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the Federal Motor
Carrier Safety Administration, the sum of which shall remain available
until expended: Provided, That none of the funds derived from the
Highway Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the obligations
for which are in excess of $239,828,000, for ``Motor Carrier Safety
Operations and Programs'' of which $8,543,000, to remain available for
obligation until September 30, 2012, is for the research and technology
program and $1,000,000 shall be available for commercial motor vehicle
operator's grants to carry out section 4134 of Public Law 109-59:
Provided further, That notwithstanding any other provision of law, none
of the funds under this heading for outreach and education shall be
available for transfer: Provided
further, <<NOTE: Reports. Deadlines.>> That the Federal Motor Carrier
Safety Administration shall transmit to Congress a report on March 30,
2010, and September 30, 2010, on the agency's ability to meet its
requirement to conduct compliance reviews on high-risk carriers.
[[Page 123 STAT. 3052]]
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$310,070,000, for ``Motor Carrier Safety Grants''; of which $212,070,000
shall be available for the motor carrier safety assistance program to
carry out sections 31102 and 31104(a) of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's license
improvements program to carry out section 31313 of title 49, United
States Code; $32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United States
Code; $5,000,000 shall be available for the performance and registration
information system management program to carry out sections 31106(b) and
31109 of title 49, United States Code; $25,000,000 shall be available
for the commercial vehicle information systems and networks deployment
program to carry out section 4126 of Public Law 109-59; $3,000,000 shall
be available for the safety data improvement program to carry out
section 4128 of Public Law 109-59; and $8,000,000 shall be available for
the commercial driver's license information system modernization program
to carry out section 31309(e) of title 49, United States Code: Provided
further, That of the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That $1,610,661 in unobligated
balances are permanently rescinded.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $6,415,501 in unobligated balances are permanently
rescinded.
[[Page 123 STAT. 3053]]
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $3,232,639 in unobligated balances are permanently
rescinded.
administrative provision--federal motor carrier safety administration
Sec. 135. <<NOTE: Reports.>> Funds appropriated or limited in this
Act shall be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-28,
including that the Secretary submit a report to the House and Senate
Appropriations Committees annually on the safety and security of
transportation into the United States by Mexico-domiciled motor
carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under subtitle C of title X
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
49, United States Code, $140,427,000, of which $35,543,000 shall remain
available through September 30, 2011: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided
further, That within the $105,500,000 obligation limitation for
operations and research, $26,908,000 shall remain available until
September 30, 2011 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
[[Page 123 STAT. 3054]]
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of $4,000,000
for the National Driver Register authorized under such chapter.
national driver register modernization
For an additional amount for the ``National Driver Register'' as
authorized by chapter 303 of title 49, United States Code, $3,350,000,
to remain available through September 30, 2011: Provided, That the
funding made available under this heading shall be used to carry out the
modernization of the National Driver Register.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, to remain available until expended,
$619,500,000 to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109-59, of which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
obligation limitation shall remain available until September 30, 2011 in
accordance with subsection (f) of such section 406 and shall be in
addition to the amount of any limitation imposed on obligations for such
grants for future fiscal years; $34,500,000 shall be for ``State Traffic
Safety Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for
``Administrative Expenses'' under section 2001(a)(11) of Public Law 109-
59; $29,000,000 shall be for ``High Visibility Enforcement Program''
under section 2009 of Public Law
[[Page 123 STAT. 3055]]
109-59; $7,000,000 shall be for ``Motorcyclist Safety'' under section
2010 of Public Law 109-59; and $7,000,000 shall be for ``Child Safety
and Child Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That none of these funds shall be
used for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical assistance to
the States: Provided further, That not to exceed $750,000 of the funds
made available for the ``High Visibility Enforcement Program'' shall be
available for the evaluation required under section 2009(f) of Public
Law 109-59.
administrative provisions--national highway traffic safety
administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23, United
States Code, an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws for multiple years but only to the extent that
the obligation authority has not lapsed or been used.
Sec. 142. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $2,299,000 in unobligated balances are permanently
rescinded.
Sec. 143. Of the amounts made available under the heading ``Highway
Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $14,004,000 in unobligated balances are permanently
rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $172,270,000, of which $12,300,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$37,613,000, to remain available until expended.
[[Page 123 STAT. 3056]]
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2010.
rail line relocation and improvement program
For necessary expenses of carrying out section 20154 of title 49,
United States Code, $34,532,000, to remain available until expended.
railroad safety technology program
For necessary expenses of carrying out section 20158 of title 49,
United States Code, $50,000,000, to remain available until expended:
Provided, That to be eligible for assistance under this heading, an
entity need not have developed plans required under subsection
20156(e)(2) of title 49, United States Code, and section 20157 of such
title.
capital <<NOTE: Grants.>> assistance for high speed rail corridors and
intercity passenger rail service
To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49,
United States Code, capital investment grants to support intercity
passenger rail service as authorized under section 24406 of title 49,
United States Code, and congestion grants as authorized under section
24105 of title 49, United States Code, and to enter into cooperative
agreements for these purposes as authorized, $2,500,000,000, to remain
available until expended: Provided, That $50,000,000 of funds provided
under this paragraph are available to the Administrator of the Federal
Railroad Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for intercity and
high-speed rail: Provided further, That up to $30,000,000 of the funds
provided under this paragraph are available to the Administrator for the
purposes of conducting research and demonstrating technologies
supporting the development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock fleet
technology and the implementation of the Rail Cooperative Research
Program authorized by section 24910 of title 49, United States Code:
Provided further, That up to $50,000,000 of the funds provided under
this paragraph may be used for planning activities that lead directly to
the development of a passenger rail corridor investment plan consistent
with the requirements established by the Administrator or a state rail
plan consistent with chapter 227 of title 49, United States Code:
Provided further, That the Secretary may retain a
[[Page 123 STAT. 3057]]
portion of the funds made available for planning activities under the
previous proviso to facilitate the preparation of a service development
plan and related environmental impact statement for high-speed corridors
located in multiple States: <<NOTE: Guidance.>> Provided further, That
the Secretary shall issue interim guidance to applicants covering
application procedures and administer the grants provided under this
heading pursuant to that guidance until final regulations are issued:
Provided further, That not less than 85 percent of the funds provided
under this heading shall be for cooperative agreements that lead to the
development of entire segments or phases of intercity or high-speed rail
corridors: Provided further, <<NOTE: Rail plan. Deadline.>> That the
Secretary shall submit to Congress the national rail plan required by
section 103(j) of title 49, United States Code, no later than September
15, 2010: Provided further, <<NOTE: Deadline. Notification.>> That at
least 30 days prior to issuing a letter of intent or cooperative
agreement pursuant to Section 24402(f) of title 49, United States Code,
for a major corridor development program, the Secretary shall provide to
the House and Senate Committees on Appropriations written notification
consisting of a business and public investment case for the proposed
corridor program which shall include: a comprehensive analysis of the
monetary and non-monetary costs and benefits of the corridor development
program; an assessment of ridership, passenger travel time reductions,
congestion relief benefits, environmental benefits, economic benefits,
and other public benefits; operating financial forecasts for the
program; a full capital cost estimation for the entire project,
including the amount, source and security of non-Federal funds to
complete the project; a summary of the grants management plan and an
evaluation of the grantee's ability to sustain the project: Provided
further, That the Federal share payable of the costs for which a grant
or cooperative agreements is made under this heading shall not exceed 80
percent: Provided further, <<NOTE: Applicability.>> That in addition to
the provisions of title 49, United States Code, that apply to each of
the individual programs funded under this heading, subsections
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of title 49,
United States Code, shall also apply to the provision of funds provided
under this heading: Provided further, That a project need not be in a
State rail plan developed under Chapter 227 of title 49, United States
Code, to be eligible for assistance under this
heading: <<NOTE: Contracts.>> Provided further, That recipients of
grants under this paragraph shall conduct all procurement transactions
using such grant funds in a manner that provides full and open
competition, as determined by the Secretary, in compliance with existing
labor agreements.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the operation of
intercity passenger rail, as authorized by section 101 of the Passenger
Rail Investment and Improvement Act of 2008 (division B of Public Law
110-432), $563,000,000, to remain available until expended:
Provided, <<NOTE: Determination.>> That the Secretary shall not make the
grants for the third and fourth quarter of the fiscal year available to
the Corporation until an Inspector General who is a member of the
Council of the Inspectors General on Integrity and Efficiency determines
that the Corporation and the Corporation's Inspector
[[Page 123 STAT. 3058]]
General have agreed upon a set of policies and procedures for
interacting with each other that are consistent with the letter and the
spirit of the Inspector General Act of 1978, as amended: Provided
further, <<NOTE: Time period. Evaluation.>> That 1 year after such
determination is made, the Council of the Inspectors General on
Integrity and Efficiency shall appoint another member to evaluate the
current operational independence of the Amtrak Inspector General:
Provided further, That the Corporation shall reimburse each Inspector
General for all costs incurred in conducting the determination and the
evaluation required by the preceding two provisos: Provided further,
That the amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided
further, <<NOTE: Deadline. Plan.>> That not later than 60 days after
enactment of this Act, the Corporation shall transmit to the Secretary,
the Inspector General of the Department of Transportation, and the House
and Senate Committees on Appropriations a plan to achieve savings
through operating efficiencies including, but not limited to,
modifications to food and beverage service and first class service:
Provided further, <<NOTE: Deadlines. Reports.>> That the Inspector
General of the Department of Transportation shall provide semiannual
reports to the House and Senate Committees on Appropriations on the
estimated savings accrued as a result of all operational reforms
instituted by the Corporation and estimations of possible future
savings: Provided further, <<NOTE: Electronic
submission. Deadline. Budget. Plans.>> That not later than 60 days after
enactment of this Act, the Corporation shall transmit, in electronic
format, to the Secretary, the Inspector General of Department of
Transportation, the House and Senate Committees on Appropriations, the
House Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation the annual budget and
business plan and the 5-Year Financial Plan for fiscal year 2010
required under section 204 of the Passenger Rail Investment and
Improvement Act of 2008: Provided further, That the budget, business
plan, and the 5-Year Financial Plan shall also include a separate
accounting of ridership, revenues, and capital and operating expenses
for the Northeast Corridor; commuter service; long-distance Amtrak
service; State-supported service; each intercity train route, including
Autotrain; and commercial activities including contract operations:
Provided further, That the budget, business plan and the 5-Year
Financial Plan shall include a description of work to be funded, along
with cost estimates and an estimated timetable for completion of the
projects covered by these plans: Provided
further, <<NOTE: Deadlines. Reports. Electronic submission.>> That the
Corporation shall provide semiannual reports in electronic format
regarding the pending business plan, which shall describe the work
completed to date, any changes to the business plan, and the reasons for
such changes, and shall identify all sole source contract awards which
shall be accompanied by a justification as to why said contract was
awarded on a sole-source basis, as well as progress against the
milestones and target dates of the 2009 performance improvement plan:
Provided further, That the Corporation's budget, business plan, 5-Year
Financial Plan, and all subsequent supplemental plans shall be displayed
[[Page 123 STAT. 3059]]
on the Corporation's website within a reasonable timeframe following
their submission to the appropriate entities: Provided further, That
these plans shall be accompanied by a comprehensive fleet plan for all
Amtrak rolling stock which shall address the Corporation's detailed
plans and timeframes for the maintenance, refurbishment, replacement,
and expansion of the Amtrak fleet: Provided further, That said fleet
plan shall establish year-specific goals and milestones and discuss
potential, current, and preferred financing options for all such
activities: Provided further, That none of the funds under this heading
may be obligated or expended until the Corporation agrees to continue
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the
summary of conditions for the direct loan agreement of June 28, 2002, in
the same manner as in effect on the date of enactment of this
Act: <<NOTE: Budget request.>> Provided further, That concurrent with
the President's budget request for fiscal year 2011, the Corporation
shall submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2011 in similar format and substance to
those submitted by executive agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for capital investments as
authorized by section 101(c) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432),
$1,001,625,000, to remain available until expended, of which not to
exceed $264,000,000 shall be for debt service obligations as authorized
by section 102 of such Act: Provided, That grants after an initial
allocation of $200,000,000 shall be provided to the Corporation only on
a reimbursable basis: Provided further, That the Secretary may retain up
to one-half of 1 percent of the funds provided under this heading to
fund the costs of project management oversight of capital projects
funded by grants provided under this heading, as authorized by
subsection 101(d) of division B of Public Law 110-432: Provided further,
That the Secretary shall approve funding for capital expenditures,
including advance purchase orders of materials, for the Corporation only
after receiving and reviewing a grant request for each specific capital
project justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital projects
not approved by the Secretary of Transportation or on the Corporation's
fiscal year 2010 business plan: Provided further, That in addition to
the project management oversight funds authorized under section 101(d)
of of division B of Public Law 110-432, the Secretary may retain up to
an additional one-half of one percent of the funds provided under this
heading to fund expenses associated with implementing section 212 of of
division B of Public Law 110-432, including the amendments made by
section 212 to section 24905 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 151. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish
[[Page 123 STAT. 3060]]
the purposes of 49 U.S.C. 20134: <<NOTE: Guidelines.>> Provided, That
the Secretary shall prescribe guidelines for the administration of such
purchases and use.
Sec. 152. Hereafter, notwithstanding any other provision of law,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation
in the event that the Corporation contracts to have services provided at
or from any location outside the United
States. <<NOTE: Definition.>> For purposes of this section, the word
``services'' shall mean any service that was, as of July 1, 2006,
performed by a full-time or part-time Amtrak employee whose base of
employment is located within the United States.
Sec. 153. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as
a result of third party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall
remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 154. <<NOTE: Reports. Deadlines.>> The Administrator of the
Federal Railroad Administration shall submit a report on April 1, 2010,
and quarterly reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at improving the
on-time performance of Amtrak intercity rail service operating on non-
Amtrak owned property. Such reports shall compare the most recent actual
on-time performance data to pre-established on-time performance goals
that the Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other information and
data regarding the on-time performance of Amtrak trains the
Administrator deems to be appropriate.
Sec. 155. In the Explanatory Statement referenced in division I of
Public Law 111-8 under the heading Railroad Research and Development the
item relating to ``San Gabriel trench grade separation project, Alameda
Corridor, CA'' is deemed to be amended by inserting ``Alameda Corridor
East Construction Authority Grade Separations, CA.''.
Sec. 156. In the Explanatory Statement referenced in division K of
Public Law 110-161 under the heading Rail Line Relocation and
Improvement Program the item relating to ``Mt. Vernon railroad cut, NY''
is deemed to be amended by inserting ``Rail Line and Station Improvement
and Rehabilitation, Mount Vernon, NY.''.
Sec. 157. <<NOTE: Washington.>> Notwithstanding any other provision
of law, funds provided in Public Law 111-8 for ``Lincoln Avenue Grade
Separation, Port of Tacoma, Washington'' shall be made available for
this project as therein described.
Sec. 158. <<NOTE: Illinois.>> The Administrator of the Federal
Railroad Administration, in cooperation with the Illinois Department of
Transportation (IDOT), may provide technical and financial assistance to
IDOT and local and county officials to study the feasibility of 10th
Street, or other alternatives, in Springfield, Illinois, as a route for
consolidated freight rail operations and/or combined freight and
passenger rail operations within the city of Springfield.
[[Page 123 STAT. 3061]]
Sec. 159. <<NOTE: Deadlines. Reports. 49 USC 24305 note.>> (a)
Amtrak Security Evaluation.--No later than 180 days after the enactment
of this Act, Amtrak, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), shall submit
a report to Congress that contains--
(1) a comprehensive, system-wide, security evaluation; and
(2) proposed guidance and procedures necessary to implement a new
checked firearms program.
(b) <<NOTE: Firearms.>> Developement and Implementation of Guidance
and Procedures.--
(1) In General.--Not later than one year after the enactment of this
Act, Amtrak, in consultation with the Assistant Secretary, shall develop
and implement guidance and procedures to carry out the duties and
responsibilities of firearm storage and carriage in checked baggage cars
and at Amtrak stations that accept checked baggage.
(2) Scope.--The guidance and procedures developed under paragraph
(1) shall--
(A) permit Amtrak passengers holding a ticket for a specific
Amtrak route to place an unloaded firearm or starter pistol in a
checked bag on such route if--
(i) the Amtrak station accepts checked baggage for
such route;
(ii) the passenger declares to Amtrak, either orally
or in writing, at the time the reservation is made or
not later than 24 hours before departure, that the
firearm will be placed in his or her bag and will be
unloaded;
(iii) the firearm is in a hard-sided container;
(iv) such container is locked; and
(v) only the passenger has the key or combination
for such container;
(B) <<NOTE: Ammunition.>> permit Amtrak passengers holding a
ticket for a specific Amtrak route to place small arms
ammunition for personal use in a checked bag on such route if
the ammunition is securely packed--
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to
carry small amounts of ammunition; and
(C) include any other measures needed to ensure the safety
and security of Amtrak employees, passengers, and
infrastructure, including--
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to
carry small amounts of ammunition; and
(c) Definitions.--
(1) For purposes of this section, the term ``checked baggage''
refers to baggage transported that is accessible only to select Amtrak
employees.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $98,911,000: Provided, That of the funds available under
this heading, not to exceed $1,809,000 shall be available
[[Page 123 STAT. 3062]]
for travel: Provided further, That none of the funds provided or limited
in this Act may be used to create a permanent office of transit security
under this heading: <<NOTE: Audits.>> Provided further, That of the
amounts made available under this heading not to exceed $75,000 shall be
paid from appropriations made available by this Act and provided to the
Department of Transportation Office of Inspector General through
reimbursement to conduct the annual audits of financial statements in
accordance with section 3521 of title 31, United States
Code: <<NOTE: Deadline. Reports.>> Provided further, That upon
submission to the Congress of the fiscal year 2011 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for fiscal
year 2011.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$9,400,000,000 to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
as amended, shall not exceed total obligations of $8,343,171,000 in
fiscal year 2010.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
and 5506, $65,670,000, to remain available until expended: Provided,
That $10,000,000 is available to carry out the transit cooperative
research program under section 5313 of title 49, United States Code,
$4,300,000 is available for the National Transit Institute under section
5315 of title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506 of title
49, United States Code: Provided further, That $44,370,000 is available
to carry out national research programs under sections 5312, 5313, 5314,
and 5322 of title 49, United States Code: Provided further, That of the
funds available to carry out section 5312 of title 49, United States
Code, $5,000,000 shall be available to the Secretary to develop
standards for asset management plans, provide technical assistance to
recipients engaged in the development or implementation of an asset
management plan, improve data collection through the National Transit
Database, and conduct a pilot program designed to identify the best
practices of asset management.
[[Page 123 STAT. 3063]]
capital investment grants
(including transfer of funds)
For necessary expenses to carry out section 5309 of title 49, United
States Code, $2,000,000,000, to remain available until expended, of
which no less than $200,000,000 is for section 5309(e) of such title:
Provided, That $2,000,000 shall be transferred to the Department of
Transportation Office of Inspector General from funds set aside for the
execution of oversight contracts pursuant to section 5327(c) of title
49, United States Code, for costs associated with audits and
investigations of transit-related issues, including reviews of new fixed
guideway systems.
grants for energy efficiency and greenhouse gas reductions
For grants to public transit agencies for capital investments that
will reduce the energy consumption or greenhouse gas emissions of their
public transportation systems, $75,000,000, to remain available through
September 30, 2012: Provided, That priority shall be given to projects
based on the total energy savings that are projected to result from the
investments, and the projected energy savings as a percentage of the
total energy usage of the public transit
agency: <<NOTE: Deadlines. Criteria. Publication.>> Provided further,
That the Secretary shall public criteria on which to base the
competition for any grants awarded under this heading no sooner than 90
days after the enactment of this Act, require applications for funding
provided under this heading to be submitted no sooner than 120 days
after the publication of such criteria, and announce all projects
selected to be funded from funds provided under this heading no sooner
than September 15, 2010.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit Authority only
after receiving and reviewing a request for each specific
project: <<NOTE: Determination.>> Provided further, That prior to
approving such grants, the Secretary shall determine that the Washington
Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system, including
but not limited to fixing the track signal system, replacing the 1000
series cars, installing guarded turnouts, buying equipment for wayside
worker protection, and installing rollback protection on cars that are
not equipped with this safety feature.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
[[Page 123 STAT. 3064]]
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under ``Federal Transit
Administration, Capital Investment Grants'' and for bus and bus
facilities under ``Federal Transit Administration, Formula and Bus
Grants'' for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2012, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2009, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for new fixed guideway system projects under the
heading ``Federal Transit Administration, Capital investment grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2010, each Federal Transit
Administration grant for a project that involves the acquisition or
rehabilitation of a bus to be used in public transportation shall be
funded for 90 percent of the net capital costs of a biodiesel bus or a
factory-installed or retrofitted hybrid electric propulsion system and
any equipment related to such a system: Provided, That the Secretary
shall have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system and
related-equipment.
Sec. 165. Notwithstanding any other provision of law, unobligated
funds or recoveries under section 5309 of title 49, United States Code,
that are available to the Secretary of Transportation for reallocation
shall be directed to projects eligible to use the funds for the purposes
for which they were originally provided.
Sec. 166. (a) In the explanatory statement referenced in section 186
of title I of division K of Public Law 110-161 (121 Stat. 2406), the
item relating to ``Broward County Southwest Transit Facility'' in the
table of projects under the heading ``Bus and Bus Facilities'' is deemed
to be amended by striking ``Southwest'' and inserting ``Ravenswood''.
(b) The explanatory statement referenced in section 186 of title I
of division I of Public Law 111-8 for ``Alternatives analysis'' under
``Federal Transit Administration-Formula and Bus Grants'' is deemed to
be amended by striking ``Hudson-Bergen Light Rail Extension Route 440,
North Bergen, NJ'' and inserting ``Hudson-Bergen Light Rail Extension
Route 440, Jersey City, NJ''.
(c) Funds made available for the ``Phoenix/Regional Heavy
Maintenance Facility, AZ'', ``Dial-a-Ride facility, Phoenix, AZ'' and
the ``Phoenix Regional Heavy Bus Maintenance Facility, Arizona'' through
the Department of Transportation Appropriations Acts for Fiscal Years
2004, 2005 and 2008 that remain unobligated or unexpended shall be made
available to the East Baseline Park-and-Ride Facility in Phoenix,
Arizona.
Sec. 167. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair
[[Page 123 STAT. 3065]]
facilities: Provided, That not more than $4,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City
and County of Honolulu to operate a passenger ferry boat service
demonstration project to test the viability of different intra-island
ferry boat routes and technologies.
Sec. 168. In determining the local share of the cost of the project
authorized to be carried out under section 3043(c)(70) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1644) for purposes of the rating
process for New Starts projects, the Secretary shall consider any
portion of the corridor advanced entirely with non-Federal funds.
Sec. 169. <<NOTE: Recommenda- tions.>> The Secretary of
Transportation shall provide recommendations to Congress, including
legislative proposals, on how to strengthen its role in regulating the
safety of transit agencies operating heavy rail on fixed guideway:
Provided, That the Secretary shall include actions the Department of
Transportation will take and what additional legislative authorities it
may need in order to fully implement recommendations of the National
Transportation Safety Board directed at the Federal Transit
Administration, including but not limited to recommendations related to
crashworthiness, emergency access and egress, event recorders, and hours
of service: <<NOTE: Reports. Implementation plan. Deadline.>> Provided
further, That the Secretary shall transmit to the House and Senate
Committees on Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Banking, Housing, and Urban
Affairs a report outlining these recommendations and a plan for their
implementation by the Department of Transportation no later than 45 days
after enactment of this Act.
Sec. 170. Notwithstanding any other provision of law, the Secretary
of Transportation shall not reallocate any funding made available for
items 523, 267, and 131 of section 3044 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59).
Sec. 171. Notwithstanding any other provision of law, for fiscal
year 2010, the total estimated amount of future obligations of the
Government and contingent commitments to incur obligations covered by
all outstanding full funding grant agreements entered into on or before
September 30, 2009, and all outstanding letters of intent and early
systems work agreements under subsection 5309(g) of Title 49, United
States Code, for major new fixed guideway capital projects may be not
more than the sum of the amount authorized under subsections
5338(a)(3)(iv) and 5338(c) of such title for such projects and an amount
equivalent to the last 3 fiscal years of funding allocated under
subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such
projects, less an amount the Secretary reasonably estimates is necessary
for grants under subsection 5309(b)(1) of such title for those of such
projects that are not covered by a letter or
agreement: <<NOTE: Determination.>> Provided, That the Secretary may
enter into full funding grant agreements under subsection 5309(g)(2) of
such title for major new fixed guideway capital projects that contain
contingent commitments to incur obligations in such amounts as the
Secretary determines are appropriate.
Sec. 172. None of the funds provided or limited under this Act may
be used to enforce regulations related to charter bus service under part
604 of title 49, Code of Federal Regulations, for any transit agency who
during fiscal year 2008 was both initially
[[Page 123 STAT. 3066]]
granted a 60-day period to come into compliance with part 604, and then
was subsequently granted an exception from said part.
Sec. 173. <<NOTE: 49 USC 5309 note.>> Hereafter, for interstate
multi-modal projects which are in Interstate highway corridors, the
Secretary shall base the rating under section 5309(d) of title 49,
United States Code, of the non-New Starts share of the public
transportation element of the project on the percentage of non-New
Starts funds in the unified finance plan for the multi-modal project:
Provided, That the Secretary shall base the accounting of local matching
funds on the total amount of all local funds incorporated in the unified
finance plan for the multi-modal project for the purposes of funding
under chapter 53 of title 49, United States Code and title 23, United
States Code: <<NOTE: Evaluation.>> Provided further, That the Secretary
shall evaluate the justification for the project under section 5309(d)
of title 49, United States Code, including cost effectiveness, on the
public transportation costs and public transportation benefits.
Saint Lawrence Seaway Development Corporation
<<NOTE: Expenditure authority. Contracts.>> The Saint Lawrence
Seaway Development Corporation is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set forth in
the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and capital
asset renewal of those portions of the Saint Lawrence Seaway owned,
operated, and maintained by the Saint Lawrence Seaway Development
Corporation, $32,324,000, to be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$174,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $149,750,000, of which $11,240,000 shall remain
available until expended for maintenance and repair of training ships at
State Maritime Academies, and of which $15,000,000 shall remain
available until expended for capital improvements at the United States
Merchant Marine Academy, and of which $59,057,000 shall be available for
operations at the United States Merchant Marine Academy: Provided, That
amounts apportioned for the United States Merchant Marine Academy shall
be available only upon allotments made personally by the Secretary of
Transportation
[[Page 123 STAT. 3067]]
or the Assistant Secretary for Budget and Programs: Provided further,
That the Superintendent, Deputy Superintendent and the Director of the
Office of Resource Management of the United States Merchant Marine
Academy may not be allotment holders for the United States Merchant
Marine Academy, and the Administrator of Maritime Administration shall
hold all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the previous
proviso: <<NOTE: Expenditure plan.>> Provided further, That 50 percent
of the funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the Secretary,
in consultation with the Superintendent and the Maritime Administration,
completes a plan detailing by program or activity and by object class
how such funding will be expended at the Academy, and this plan is
submitted to the House and Senate Committees on Appropriations.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$15,000,000, to remain available until expended.
assistance to small shipyards <<NOTE: Grants. Deadlines.>>
To make grants to qualified shipyards as authorized under section
3508 of Public Law 110-417 or section 54101 of title 46, United States
Code, $15,000,000, to remain available until expended: Provided, That to
be considered for assistance, a qualified shipyard shall submit an
application for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted under the
previous proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2 percent of
the funds appropriated under this heading shall be available for
necessary costs of grant administration.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $9,000,000, of
which $5,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That not to exceed $4,000,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the appropriation
for ``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 175. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor
[[Page 123 STAT. 3068]]
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
Sec. 176. Section 51314 of title 46, United States Code, is amended
in subsection (b) by inserting at the end ``Such fees shall be credited
to the Maritime Administration's Operations and Training appropriation,
to remain available until expended, for those expenses directly related
to the purposes of the fees. Fees collected in excess of actual expenses
may be refunded to the Midshipmen through a mechanism approved by the
Secretary. The Academy shall maintain a separate and detailed accounting
of fee revenue and all associated expenses.''.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $21,132,000, of which $639,000 shall be
derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall
be transferred to ``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under section 60130 of
title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$37,994,000, of which $1,699,000 shall remain available until September
30, 2012: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $105,239,000,
of which $18,905,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2012; and of which
$86,334,000 shall be derived from
[[Page 123 STAT. 3069]]
the Pipeline Safety Fund, of which $47,332,000 shall remain available
until September 30, 2012: Provided, That not less than $1,048,000 of the
funds provided under this heading shall be for the one-call State grant
program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2011: Provided, That not more than $28,318,000 shall
be made available for obligation in fiscal year 2010 from amounts made
available by 49 U.S.C. 5116(I) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(I), 5128(b), or
5128(c) shall be made available for obligation by individuals other than
the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $13,007,000, of which $6,036,000 shall remain available
until September 30, 2012: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$75,114,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $29,066,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the
[[Page 123 STAT. 3070]]
Surface Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2010, to
result in a final appropriation from the general fund estimated at no
more than $27,816,000.
General Provisions--department of Transportation
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. <<NOTE: Appointees.>> None of the funds in this Act shall
be available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Research and University
Research Centers'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration, the
Federal Railroad Administration and the Federal Transit Administration
shall be for the eligible programs, projects and activities in the
corresponding amounts identified in the committee report accompanying
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation,
Community and System Preservation Program'', ``Delta Region
Transportation Development Program'', ``Rail Line Relocation and
Improvement Program'', ``Rail-highway
[[Page 123 STAT. 3071]]
crossing hazard eliminations'', ``Capital Investment Grants'',
``Alternatives analysis'', and ``Bus and bus facilities''.
Sec. 187. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 188. <<NOTE: Grants. Notifications. Deadline.>> None of the
funds in this Act to the Department of Transportation may be used to
make a grant unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent, or full
funding grant agreement totaling $1,000,000 or more is announced by the
department or its modal administrations from: (1) any discretionary
grant program of the Federal Highway Administration including the
emergency relief program; (2) the airport improvement program of the
Federal Aviation Administration; (3) any grant from the Federal Railroad
Administration; or (4) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs:
Provided, That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ``quick release'' of
funds from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, <<NOTE: Notification.>> That
prior to the transfer of any such recovery to an
appropriations account, the Secretary shall notify to
the House and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided further,
That for purposes of this section, the term
[[Page 123 STAT. 3072]]
``improper payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-300.
Sec. 191. <<NOTE: Notification.>> Notwithstanding any other
provision of law, if any funds provided in or limited by this Act are
subject to a reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said reprogramming
action shall be approved or denied solely by the Committees on
Appropriations: <<NOTE: Deadline.>> Provided, That the Secretary may
provide notice to other congressional committees of the action of the
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
Sec. 192. <<NOTE: Filing fees.>> None of the funds appropriated or
otherwise made available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to charge or
collect any filing fee for rate complaints filed with the Board in an
amount in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
Sec. 193. Notwithstanding section 3324 of Title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: <<NOTE: Contracts.>> Provided, that the Department shall include
adequate safeguards in the contract with the vendors to ensure timely
and high quality performance under the contract.
Sec. 194. (a) In General.--Section 127(a)(11) of title 23, United
States Code, is amended by striking ``that portion of the Maine Turnpike
designated Route 95 and 495, and that portion of Interstate Route 95
from the southern terminus of the Maine Turnpike to the New Hampshire
State line, laws (including regulations)'' and inserting ``all portions
of the Interstate Highway System in the State, laws (including
regulations)''.
(b) <<NOTE: 23 USC 127 note.>> Period of Effectiveness.--The
amendment made by subsection (a) shall be in effect during the 1-year
period beginning on the date of enactment of this Act.
(c) Reversion. <<NOTE: Effecive date. 23 USC 127 note.>> --Effective
as of the date that is 366 days after the date of enactment of this Act,
section 127(a)(11) of title 23, United States Code, is amended by
striking ``all portions of the Interstate Highway System in the State,
laws (including regulations)'' and inserting ``that portion of the Maine
Turnpike designated Route 95 and 495, and that portion of Interstate
Route 95 from the southern terminus of the Maine Turnpike to the New
Hampshire State line, laws (including regulations)''.
(d) Vermont Pilot Program.--Section 127(a) of title 23, United
States Code, is amended by adding at the end the following:
``(13) Vermont pilot program.--
``(A) In general. <<NOTE: Applicability.>> --With
respect to Interstate Routes 89, 91, and 93 in the State
of Vermont, laws (including regulations) of that State
concerning vehicle weight limitations applicable to
State highways other than the Interstate system shall be
applicable in lieu of the requirements of this
subsection.''.
[[Page 123 STAT. 3073]]
(e) <<NOTE: 23 USC 127 note.>> Period of Effectiveness for the
Vermont Pilot Program.--The amendment made by subsection (d) shall be in
effect during the 1-year period beginning on the date of enactment of
this Act.
(f) Reversion for the Vermont Pilot Program. <<NOTE: Effective
date. 23 USC 127 note.>> --Effective as of the date that is 366 days
after the date of enactment of this Act, section 127(a) of title 23,
United States Code, is amended by striking paragraph (13).
(g) Report on the Vermont Pilot Program.--Not later than 2 years
after the date of enactment of this paragraph, the Secretary shall
complete and submit to Congress a report on the effects of the pilot
program under this paragraph on highway safety, bridge and road
durability, commerce, truck volumes, and energy use within the State of
Vermont.
Sec. 195. <<NOTE: Study.>> The Secretary shall initiate an
independent and comprehensive study and analysis to supplement that
authorized under section 108, division C, of Public Law 111-8: Provided,
That the Department of Transportation shall work with and coordinate
with the Departments of Energy, Commerce and Agriculture to develop a
comprehensive understanding of the full value of river flow support to
users in the Mississippi and Missouri Rivers: Provided further, That
subjects of analysis shall include energy (including hydropower and
generation cooling), and water transport (including water-compelled
rates, projected total transportation congestion considerations,
transportation energy efficiency, air quality and carbon emissions) and
water users (including the number and distribution of people,
households, municipalities, and business throughout the Missouri and
Mississippi River basins who use river water for multiple purposes):
Provided further, That in addition to understanding current value, the
Department is directed to work with appropriate Federal partners to
develop recommendations on how to minimize impediments to growth and
maximize water value of benefits related to energy production and
efficiency, congestion relief, trade and transport efficiency, and air
quality: Provided further, <<NOTE: Recommenda- tions.>> That the
Department of Transportation shall provide its analysis and
recommendations to the U.S. Army Corps of Engineers, the White House,
and the Congress: Provided further, That $2,000,000 is available until
expended for such purposes.
Sec. 196. <<NOTE: Nevada.>> Notwithstanding any other provision of
law, funds made available under section 330 of the Fiscal Year 2002
Department of Transportation and Related Agencies Appropriations Act
(Public Law 107-87) for the Las Vegas, Nevada Monorail Project, funds
made available under section 115 of the Fiscal Year 2004 Transportation,
Treasury and Independent Agencies Appropriations Act (Public Law 108-
199) for the North Las Vegas Intermodal Transit Hub, and funds made
available for the CATRAIL RTC Rail Project, Nevada in the Fiscal Year
2005 Transportation, Treasury, Independent Agencies and General
Government Appropriations Act (Public Law 108-447), as well as any
unexpended funds in the Federal Transit Administration grant numbers NV-
03-0024 and NV-03-0027, shall be made available until expended to the
Regional Transportation Commission of Southern Nevada for bus and bus-
related projects and bus rapid transit projects: Provided, That the
funds made available for a project in accordance with this section shall
be administered under the terms and conditions set forth in 49 U.S.C.
5307, to the extent applicable.
[[Page 123 STAT. 3074]]
This title may be cited as the ``Department of Transportation
Appropriations Act, 2010''.
TITLE II <<NOTE: Department of Housing and Urban Development
Appropriations Act, 2010.>>
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Executive Direction
For necessary salaries and expenses for Executive Direction,
$26,855,000, of which not to exceed $4,619,000 shall be available for
the immediate Office of the Secretary and Deputy Secretary; not to
exceed $1,703,000 shall be available for the Office of Hearings and
Appeals; not to exceed $778,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed $727,000
shall be available for the immediate Office of the Chief Financial
Officer; not to exceed $1,474,000 shall be available for the immediate
Office of the General Counsel; not to exceed $2,912,000 shall be
available to the Office of the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $3,996,000 shall be available
for the Office of the Assistant Secretary for Public Affairs; not to
exceed $1,218,000 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $2,125,000 shall be
available to the Office of the Assistant Secretary for Public and Indian
Housing; not to exceed $1,781,000 shall be available to the Office of
the Assistant Secretary for Community Planning and Development; not to
exceed $3,497,000 shall be available to the Office of the Assistant
Secretary for Housing, Federal Housing Commissioner; not to exceed
$1,097,000 shall be available to the Office of the Assistant Secretary
for Policy Development and Research; and not to exceed $928,000 shall be
available to the Office of the Assistant Secretary for Fair Housing and
Equal Opportunity: Provided, <<NOTE: Transfer
authority. Notification.>> That the Secretary of the Department of
Housing and Urban Development is authorized to transfer funds
appropriated for any office funded under this heading to any other
office funded under this heading following the written notification to
the House and Senate Committees on Appropriations: Provided further,
That no appropriation for any office shall be increased or decreased by
more than 5 percent by all such transfers: Provided
further, <<NOTE: Notice.>> That notice of any change in funding greater
than 5 percent shall be submitted for prior approval to the House and
Senate Committees on Appropriations: <<NOTE: Notification.>> Provided
further, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided
further, <<NOTE: Reports. Electronic submission.>> That the Secretary
shall provide all signed reports required by Congress electronically:
Provided further, That not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses as
the Secretary may determine.
administration, operations and management
For necessary salaries and expenses for administration, operations
and management for the Department of Housing and Urban Development,
$537,011,000, of which not to exceed $76,958,000
[[Page 123 STAT. 3075]]
shall be available for the personnel compensation and benefits of the
Office of Administration; not to exceed $9,623,000 shall be available
for the personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed $51,275,000
shall be available for the personnel compensation and benefits of the
Office of Field Policy and Management; not to exceed $14,649,000 shall
be available for the personnel compensation and benefits of the Office
of the Chief Procurement Officer; not to exceed $35,197,000 shall be
available for the personnel compensation and benefits of the remaining
staff in the Office of the Chief Financial Officer; not to exceed
$89,062,000 shall be available for the personnel compensation and
benefits of the remaining staff in the Office of the General Counsel;
not to exceed $3,296,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,393,000 shall be available for the
personnel compensation and benefits for the Center for Faith-Based and
Community Initiatives; not to exceed $2,400,000 shall be available for
the personnel compensation and benefits for the Office of
Sustainability; not to exceed $3,288,000 shall be available for the
personnel compensation and benefits for the Office of Strategic Planning
and Management; and not to exceed $249,870,000 shall be available for
non-personnel expenses of the Department of Housing and Urban
Development: Provided, That, funds provided under this heading may be
used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support the housing
mission area: Provided further, <<NOTE: Transfer authority.>> That the
Secretary of Housing and Urban Development is authorized to transfer
funds appropriated for any office included in Administration, Operations
and Management to any other office included in Administration,
Operations and Management only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided further, That no appropriation
for any office shall be increased or decreased by more than 10 percent
by all such transfers.
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses of the
Office of Public and Indian Housing, $197,074,000.
community planning and development
For necessary personnel compensation and benefits expenses of the
Office of Community Planning and Development mission area, $98,989,000.
[[Page 123 STAT. 3076]]
housing
For necessary personnel compensation and benefits expenses of the
Office of Housing, $374,887,000.
office of the government national mortgage association
For necessary personnel compensation and benefits expenses of the
Office of the Government National Mortgage Association, $11,095,000, to
be derived from the GNMA guarantees of mortgage backed securities
guaranteed loan receipt account.
policy development and research
For necessary personnel compensation and benefits expenses of the
Office of Policy Development and Research, $21,138,000.
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses of the
Office of Fair Housing and Equal Opportunity, $71,800,000.
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses of the
Office of Healthy Homes and Lead Hazard Control, $7,151,000.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $14,184,200,000, to remain available until
expended, shall be available on October 1, 2009 (in addition to the
$4,000,000,000 previously appropriated under this heading that will
become available on October 1, 2009), and $4,000,000,000, to remain
available until expended, shall be available on October 1, 2010:
Provided, That of the amounts made available under this heading are
provided as follows:
(1) $16,339,200,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose vouchers
initially funded in fiscal year 2008 and 2009 such as Family
Unification, Veterans Affairs Supportive Housing Vouchers and
Non-elderly Disabled Vouchers): Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar year
2010 funding cycle shall provide renewal funding for each public
housing agency based on voucher management system (VMS) leasing
and cost data for the most recent Federal fiscal year and by
applying the most recent Annual Adjustment Factor as established
by the Secretary,
[[Page 123 STAT. 3077]]
and by making any necessary adjustments for the costs associated
with deposits to family self-sufficiency program escrow accounts
or first-time renewals including tenant protection or HOPE VI
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number of unit
months under lease which exceeds a public housing agency's
authorized level of units under contract, except for public
housing agencies participating in the Moving to Work
demonstration, which are instead governed by the terms and
conditions of their MTW agreements: Provided further, That the
Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph (except as otherwise
modified under this Act), pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, <<NOTE: Notification. Deadline.>> That except
as provided in the last two provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this Act) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies of
their annual budget not later than 60 days after enactment of
this Act: Provided further, That the Secretary may extend the
60-day notification period with the prior written approval of
the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to their
Moving to Work agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided further,
That up to $150,000,000 shall be available only: (1) to adjust
the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of tenant-based rental assistance resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) for adjustments for public housing agencies with
voucher leasing rates at the end of the calendar year that
exceed the average leasing for the 12-month period used to
establish the allocation; (3) for adjustments for the costs
associated with VASH vouchers; or (4) for vouchers that were not
in use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act:
Provided further, That the Secretary shall allocate amounts
under the previous proviso based on need as determined by the
Secretary: Provided further, That of the amounts made available
under this paragraph, up to $100,000,000 may be transferred to
and merged with the appropriation for ``Transformation
Initiative'';
(2) $120,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134),
conversion of section 23 projects to assistance under section 8,
the family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI vouchers,
[[Page 123 STAT. 3078]]
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act:
Provided, <<NOTE: Vouchers.>> That the Secretary shall provide
replacement vouchers for all units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $1,575,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$50,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers, and other incremental vouchers: Provided, That no less
than $1,525,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2010 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this paragraph
are insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading, for fiscal year 2009 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act;
(5) $15,000,000 for incremental voucher assistance through
the Family Unification Program: Provided, <<NOTE: Voucher
extension.>> That the assistance made available under this
paragraph shall continue to remain available for family
unification upon turnover: Provided further, That the Secretary
of Housing and Urban Development shall make such funding
available, notwithstanding section 204 (competition provision)
of this title, to entities with demonstrated experience and
resources for supportive services;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
[[Page 123 STAT. 3079]]
Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the Secretary
of the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans
Affairs: <<NOTE: Waiver authority.>> Provided further, That the
Secretary of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary
of the Department of Veterans Affairs), any provision of any
statute or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds made
available under this paragraph (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, <<NOTE: Voucher extension.>> That
assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over.
housing certificate fund
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2010 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated:
Provided, <<NOTE: Contracts. Termination.>> That any obligated balances
of contract authority from fiscal year 1974 and prior that have been
terminated shall be cancelled: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year, from project-
based Section 8 contracts from source years fiscal year 1975 through
fiscal year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes set
forth under this heading, in addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $2,500,000,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2010 the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided
further, <<NOTE: Definition.>> That for purposes
[[Page 123 STAT. 3080]]
of such section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided further, That
up to $15,345,000 shall be to support the ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $20,000,000 shall be
available for the Secretary to make grants, notwithstanding section 204
of this Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address crime and
drug-related activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding Presidentially
declared emergencies and natural disasters under the Robert T. Stafford
Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in
fiscal year 2010: Provided further, That of the amounts provided under
this heading up to $40,000,000 may be for grants to be competitively
awarded to public housing agencies for the construction, rehabilitation
or purchase of facilities to be used to provide early education, adult
education, job training or other appropriate services to public housing
residents: Provided further, That grantees shall demonstrate an ability
to leverage other Federal, State, local or private resources for the
construction, rehabilitation or acquisition of such facilities, and that
selected grantees shall demonstrate a capacity to pay the long-term
costs of operating such facilities: Provided further, That of the total
amount provided under this heading, $50,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.): Provided further, That of the total amount provided under this
heading up to $8,820,000 is to support the costs of administrative and
judicial receiverships: Provided further, <<NOTE: Bonus awards.>> That
from the funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2010 to public housing agencies that
are designated high performers.
public housing operating fund
(including transfer of funds)
For 2010 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,775,000,000: <<NOTE: 42 USC 1437g note.>> Provided, That, in fiscal
year 2009 and all fiscal years hereafter, no amounts under this heading
in any appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public housing for
any year prior to the current year of such Act: Provided further, That
of the amounts made available under this heading, up to $15,000,000 may
be transferred to and merged with the appropriation for ``Transformation
Initiative''.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States
[[Page 123 STAT. 3081]]
Housing Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available
until September 30, 2011, of which the Secretary of Housing and Urban
Development may use up to $10,000,000 for technical assistance and
contract expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and cost of
necessary travel for participants in such training, by or to officials
and employees of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used directly or
indirectly by granting competitive advantage in awards to settle
litigation or pay judgments, unless expressly permitted herein: Provided
further, That of the amounts provided under this heading, up to
$65,000,000 may be available for a demonstration of the Choice
Neighborhoods Initiative (subject to such section 24 except as otherwise
specified under the provisos for this demonstration under this heading)
for the transformation, rehabilitation and replacement housing needs of
both public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, public assets, transportation and access to jobs,
and schools, including public schools, community schools, and charter
schools: Provided further, That for this demonstration, funding may also
be used for the conversion of vacant or foreclosed properties to
affordable housing: Provided further, That use of funds made available
for this demonstration under this heading shall not be deemed to be
public housing notwithstanding section 3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period of
affordability determined by the Secretary, but not fewer than 20 years:
Provided further, That grantees shall undertake comprehensive local
planning with input from residents and the community: Provided further,
That for the purposes of this demonstration, applicants may include
local governments, public housing authorities, nonprofits, and for-
profit developers that apply jointly with a public entity: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies and
resident organizations: Provided
further, <<NOTE: Publication. Notice.>> That the Secretary shall develop
and publish a Notice of Funding Availability for the allocation and use
of such competitive funds in this demonstration, including but not
limited to eligible activities, program requirements, protections and
services for affected residents, and performance metrics.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$700,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation
amounts: <<NOTE: Contracts.>> Provided further, That of the amounts made
available under this heading, $3,500,000
[[Page 123 STAT. 3082]]
shall be contracted for assistance for a national organization
representing Native American housing interests for providing training
and technical assistance to Indian housing authorities and tribally
designated housing entities as authorized under NAHASDA; and $4,250,000
shall be to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of such Indian housing and tenant-based
assistance, including up to $300,000 for related travel: Provided
further, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$18,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to
remain available until expended: Provided, That of this amount, $300,000
shall be for training and technical assistance activities, including up
to $100,000 for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$7,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $919,000,000:
Provided further, That up to $750,000 shall be for administrative
contract expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$1,044,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$41,504,255.
[[Page 123 STAT. 3083]]
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $335,000,000, to remain available until September 30,
2011, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2012:
Provided, <<NOTE: Contracts.>> That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,450,000,000, to remain available until September 30,
2012, unless otherwise specified: Provided, That of the total amount
provided, $3,990,068,480 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That $65,000,000 shall be for grants
to Indian tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including section 204
of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety.
Of the amount made available under this heading, $172,843,570 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2008, 2009 and 2010, no unobligated funds for EDI
grants may be used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $22,087,950 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms and conditions specified in the explanatory
statement accompanying this Act.
The referenced explanatory statement under this heading in title II
of division K of Public Law 110-161 is deemed to be amended
[[Page 123 STAT. 3084]]
by striking ``Old Town Boys and Girls Club, Albuquerque, NM, for
renovation of the existing Old Town Boys and Girls Club accompanied by
construction of new areas for the Club'' and inserting ``Old Town Boys
and Girls Club, Albuquerque, NM, for renovation of the Heights Boys and
Girls Club''.
The referenced statement of the managers under this heading
``Community Planning and Development'' in title II of division K of
Public Law 110-161 is deemed to be amended by striking ``Custer County,
ID for acquisition of an unused middle school building'' and inserting
``Custer County, ID, to construct a community center''.
The referenced explanatory statement under this heading in division
I of Public Law 111-8 is deemed to be amended with respect to ``Hawaii
County Office of Housing and Community Development, HI'' by striking
``Senior Housing Renovation Project'' and inserting ``Transitional
Housing Project''.
The referenced statement of the managers under this heading
``Community Planning and Development'' in title II of division I of
Public Law 111-8 is deemed to be amended by striking ``Custer County,
ID, to purchase a middle school building'' and inserting ``Custer
County, ID, to construct a community center''.
The referenced explanatory statement under the heading ``Community
Development Fund'' in title II of division K of Public Law 110-161 is
deemed to be amended with respect to ``Emergency Housing Consortium in
San Jose, CA'' by striking ``for construction of the Sobrato
Transitional Center, a residential facility for homeless individuals and
families'' and inserting ``for improvements to homeless services and
prevention facilities''.
Of the amounts made available under this heading, $150,000,000 shall
be made available for a Sustainable Communities Initiative to improve
regional planning efforts that integrate housing and transportation
decisions, and increase the capacity to improve land use and
zoning: <<NOTE: Grants.>> Provided, That $100,000,000 shall be for
Regional Integrated Planning Grants to support the linking of
transportation and land use planning: Provided further, That not less
than $25,000,000 of the funding made available for Regional Integrated
Planning Grants shall be awarded to metropolitan areas of less than
500,000: <<NOTE: Grants.>> Provided further, That $40,000,000 shall be
for Community Challenge Planning Grants to foster reform and reduce
barriers to achieve affordable, economically vital, and sustainable
communities: <<NOTE: Plans.>> Provided further, That before funding is
made available for Regional Integrated Planning Grants or Community
Challenge Planning Grants, the Secretary, in coordination with the
Secretary of Transportation, shall submit a plan to the House and Senate
Committees on Appropriations, the Senate Committee on Banking and Urban
Affairs, and the House Committee on Financial Services establishing
grant criteria as well as performance measures by which the success of
grantees will be measured: <<NOTE: Consultation.>> Provided further,
That the Secretary will consult with the Secretary of Transportation in
evaluating grant proposals: Provided further, That up to $10,000,000
shall be for a joint Department of Housing and Urban Development and
Department of Transportation research effort that shall include a
rigorous evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs: <<NOTE: Grants. Native
Americans.>> Provided further, That of the amounts made available under
this heading, $25,000,000 shall be made available for the Rural
Innovation Fund for grants to Indian tribes, State housing finance
agencies, State community and/or economic
[[Page 123 STAT. 3085]]
development agencies, local rural nonprofits and community development
corporations to address the problems of concentrated rural housing
distress and community poverty: <<NOTE: Native Americans.>> Provided
further, That of the funding made available under the previous proviso,
at least $5,000,000 shall be made available to promote economic
development and entrepreneurship for federally recognized Indian Tribes,
through activities including the capitalization of revolving loan
programs and business planning and development, funding is also made
available for technical assistance to increase capacity through training
and outreach activities: <<NOTE: Grants.>> Provided further, That of
the amounts made available under this heading, $25,000,000 is for grants
pursuant to section 107 of the Housing and Community Development Act of
1974 (42 U.S.C. 5307).
community development loan guarantees program account
For the cost of guaranteed loans, $6,000,000, to remain available
until September 30, 2011, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
brownfields redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $17,500,000, to remain
available until September 30, 2011: Provided, That no funds made
available under this heading may be used to establish loan loss reserves
for the section 108 Community Development Loan Guarantee program.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,825,000,000, to remain available until September 30, 2012:
Provided, That, funds provided in prior appropriations Acts for
technical assistance, that were made available for Community Housing
Development Organizations technical assistance, and that still remain
available, may be used for HOME technical assistance notwithstanding the
purposes for which such amounts were appropriated.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $82,000,000, to remain available until
September 30, 2012: Provided, That of the total amount provided under
this heading, $27,000,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity
[[Page 123 STAT. 3086]]
Program as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended: Provided further, That
$50,000,000 shall be made available for the second, third and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 may be made available for rural capacity building activities:
Provided further, That $5,000,000 shall be made available for capacity
building activities as authorized in sections 6301 through 6305 of
Public Law 110-246.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,865,000,000, of which $1,860,000,000 shall remain available until
September 30, 2012, and of which $5,000,000 shall remain available until
expended for rehabilitation projects with 10-year grant terms: Provided,
That not less than 30 percent of funds made available, excluding amounts
provided for renewals under the Shelter Plus Care Program and emergency
shelter grants, shall be used for permanent housing for individuals and
families: Provided further, That all funds awarded for services shall be
matched by not less than 25 percent in funding by each grantee: Provided
further, That for all match requirements applicable to funds made
available under this heading for this fiscal year and prior years, a
grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: <<NOTE: Contracts.>> Provided further, That the
Secretary shall renew on an annual basis expiring contracts or
amendments to contracts funded under the shelter plus care program if
the program is determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial standards,
as determined by the Secretary: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance Program,
Temporary Assistance for Needy Families, Food Stamps, and services
funding through the Mental Health and Substance Abuse Block Grant,
Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That up to $6,000,000 of the funds appropriated under
this heading shall be available for the national homeless data analysis
project: Provided further, That up to $12,650,000 of the funds made
available under this heading may be transferred to and merged with the
appropriation for ``Transformation Initiative'': Provided further, That
all balances for Shelter Plus Care renewals previously funded
[[Page 123 STAT. 3087]]
from the Shelter Plus Care Renewal account and transferred to this
account shall be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2010.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for, $8,157,853,000,
to remain available until expended, shall be available on October 1,
2009, and $393,672,000, to remain available until expended, shall be
available on October 1, 2010: Provided, That the amounts made available
under this heading are provided as follows:
(1) Up to $8,325,853,000 shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative
and other expenses associated with project-based activities and
assistance funded under this paragraph.
(2) Not less than $232,000,000 but not to exceed
$258,000,000 shall be available for performance-based contract
administrators for section 8 project-based assistance: Provided,
That the Secretary of Housing and Urban Development may also use
such amounts for performance-based contract administrators for
the administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667).
(3) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
[[Page 123 STAT. 3088]]
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $825,000,000, to remain
available until September 30, 2013, of which up to $582,000,000 shall be
for capital advance and project-based rental assistance
awards: <<NOTE: Contracts. Time period.>> Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That of the amount provided under this
heading, up to $90,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects, and of which up to $40,000,000 shall be for
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2)
for conversion of eligible projects under such section to assisted
living or related use and for substantial and emergency capital repairs
as determined by the Secretary: Provided further, That of the amount
made available under this heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer cooperatives for
covering costs of architectural and engineering work, site control, and
other planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 202 capital
advance projects: <<NOTE: Waiver authority.>> Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration.
housing for persons with disabilities
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section 811(b)(1)
of such Act, and for tenant-based rental assistance contracts entered
into pursuant to section 811 of such Act, $300,000,000, of which up to
$186,000,000 shall be for capital advances and project-based rental
assistance contracts, to remain available until September 30,
2013: <<NOTE: Contracts. Time period.>> Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That, of the amount provided under this
heading, $87,100,000 shall be for amendments or renewal
[[Page 123 STAT. 3089]]
of tenant-based assistance contracts entered into prior to fiscal year
2005 (only one amendment authorized for any such contract): Provided
further, That all tenant-based assistance made available under this
heading shall continue to remain available only to persons with
disabilities: <<NOTE: Waiver authority. Time period.>> Provided further,
That the Secretary may waive the provisions of section 811 governing the
terms and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided
further, <<NOTE: Inspections.>> That amounts made available under this
heading shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 811 Capital
Advance Projects.
Housing Counseling Assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $87,500,000, including up to $2,500,000 for
administrative contract services, to remain available until September
30, 2011: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management/literacy, and such
other matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That of the amounts made available under this heading, not less than
$13,500,000 shall be awarded to HUD-certified housing counseling
agencies located in the 100 metropolitan statistical areas with the
highest rate of home foreclosures for the purpose of assisting
homeowners with inquiries regarding mortgage-modification assistance and
mortgage scams.
energy innovation fund
For an Energy Innovation Fund to enable the Federal Housing
Administration and the new Office of Sustainability to catalyze
innovations in the residential energy efficiency sector that have
promise of replicability and help create a standardized home energy
efficient retrofit market, $50,000,000, to remain available until
September 30, 2013: Provided, That $25,000,000 shall be for the Energy
Efficient Mortgage Innovation pilot program, directed at the single
family housing market: Provided further, That $25,000,000 shall be for
the Multifamily Energy Pilot, directed at the multifamily housing
market.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $40,000,000, to remain available until
expended.
[[Page 123 STAT. 3090]]
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$72,036,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $16,000,000, to remain available until expended, of which
$7,000,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2010 so as to result in a final fiscal year 2010
appropriation from the general fund estimated at not more than
$9,000,000 and fees pursuant to such section 620 shall be modified as
necessary to ensure such a final fiscal year 2010 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may assess and
collect fees from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided further,
That notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfer of funds)
During fiscal year 2010, commitments to guarantee single family
loans insured under the Mutual Mortgage Insurance Fund shall not exceed
a loan principal of $400,000,000,000: Provided, That for new loans
guaranteed pursuant to section 255 of the National Housing Act (12
U.S.C. 1715z-20), the Secretary shall adjust the factors used to
calculate the principal limit (as such term is defined in HUD Handbook
4235.1) that were assumed in the President's Budget Request for 2010 for
such loans, as necessary to ensure that the program operates at a net
zero subsidy rate: Provided further, That during fiscal year 2010,
obligations
[[Page 123 STAT. 3091]]
to make direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $50,000,000: Provided
further, That the foregoing amount shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund. For administrative contract expenses of the
Federal Housing Administration, $188,900,000, of which up to $70,794,000
may be transferred to the Working Capital Fund, and of which up to
$7,500,000 shall be for education and outreach of FHA single family loan
products: Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1, 2010, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $15,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $20,000,000, which shall be for loans to
nonprofit and governmental entities in connection with the sale of
single-family real properties owned by the Secretary and formerly
insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $500,000,000,000, to remain available until September
30, 2011.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of
1968, $48,000,000, to remain available until September 30, 2011.
[[Page 123 STAT. 3092]]
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$72,000,000, to remain available until September 30, 2011, of which
$42,500,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such
training: <<NOTE: Lobbying.>> Provided further, That no funds made
available under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with a
specific contract, grant or loan: Provided further, That of the funds
made available under this heading, $500,000 shall be available to the
Secretary of Housing and Urban Development for the creation and
promotion of translated materials and other programs that support the
assistance of persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as Authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$140,000,000, to remain available until September 30, 2011, of which not
less than $20,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of the law that further the purposes of such Act, a
grant under the Healthy Homes Initiative, Operation Lead Elimination
Action Plan (LEAP), or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special project for
purposes of section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That of the total
amount made available under this heading, $48,000,000 shall be made
available on a competitive basis for areas with the highest lead paint
abatement needs: Provided further, That each recipient of funds provided
under the second proviso shall make a matching contribution in an amount
not less than 25 percent: <<NOTE: Waiver authority. Determination.>>
Provided further, That the Secretary may waive the matching requirement
cited in the preceding proviso on a case by case basis if the Secretary
determines that such a waiver is necessary to advance the purposes of
this program: <<NOTE: Plans. Strategy. Notice.>> Provided further, That
each applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a notice of funding
availability: Provided
[[Page 123 STAT. 3093]]
further, That amounts made available under this heading in this or prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Management and Administration
working capital fund
(including transfer of funds)
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the maintenance of infrastructure for Department-wide information
technology systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and for
program-related maintenance activities, $200,000,000, to remain
available until September 30, 2011: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or
from within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts were
appropriated: Provided further, That up to $15,000,000 may be
transferred to this account from all other accounts in this title
(except for the Office of the Inspector General account) that make funds
available for salaries and expenses.
office of inspector general
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$125,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
transformation initiative
(including transfer of funds)
For necessary expenses for combating mortgage fraud, $20,000,000, to
remain available until expended.
In addition, of the amounts made available in this Act under each of
the following headings under this title, the Secretary may transfer to,
and merge with, this account up to 1 percent from each such account, and
such transferred amounts shall be available until September 30, 2012,
for (1) research, evaluation, and program metrics; (2) program
demonstrations; (3) technical assistance and capacity building; and (4)
information technology: ``Public Housing Capital Fund'',
``Revitalization of Severely Distressed Public Housing'', ``Brownfields
Redevelopment'', ``Section 108 Loan Guarantees'', ``Energy Innovation
Fund'', ``Housing Opportunities for Persons With AIDS'', ``Community
Development Fund'', ``HOME Investment Partnerships Program'', ``Self-
Help and Assisted Homeownership Opportunity Program'', ``Housing for the
Elderly'', ``Housing for Persons With Disabilities'', ``Housing
Counseling Assistance'',
[[Page 123 STAT. 3094]]
``Payment to Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage
Insurance Program Account'', ``General and Special Risk Program
Account'', ``Research and Technology'', ``Lead Hazard Reduction'',
``Rental Housing Assistance'', and ``Fair Housing Activities'':
Provided, That of the amounts made available under this paragraph, not
less than $80,000,000 and not more than $180,000,000 shall be available
for information technology modernization, including development and
deployment of a Next Generation of Voucher Management System and
development and deployment of modernized Federal Housing Administration
systems: <<NOTE: Expenditure plan.>> Provided further, That not more
than 25 percent of the funds made available for information technology
modernization may be obligated until the Secretary submits to the
Committees on Appropriations a plan for expenditure that (1) identifies
for each modernization project (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost, and (c) key milestones to be met; (2)
demonstrates that each modernization project is (a) compliant with the
department's enterprise architecture, (b) being managed in accordance
with applicable lifecycle management policies and guidance, (c) subject
to the department's capital planning and investment control
requirements, and (d) supported by an adequately staffed project office;
and (3) has been reviewed by the Government Accountability Office:
Provided further, That of the amounts made available under this
paragraph, not less than $45,000,000 shall be available for technical
assistance and capacity building: Provided further, That technical
assistance activities shall include, technical assistance for HUD
programs, including HOME, Community Development Block Grant, homeless
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
Program, Fair Housing Initiative Program, Housing Counseling, Healthy
Homes, Sustainable Communities, Energy Innovation Fund and other
technical assistance as determined by the
Secretary: <<NOTE: Assessment. Native Americans.>> Provided further,
That of the amounts made available for research, evaluation and program
metrics and program demonstrations, the Secretary shall include an
assessment of the housing needs of Native Americans, including
sustainable building practices: <<NOTE: Evaluation.>> Provided further,
That of the amounts made available for research, evaluation and program
metrics and program demonstrations, the Secretary shall include an
evaluation of the Moving-to-Work demonstration
program: <<NOTE: Allocation plan.>> Provided further, That the
Secretary shall submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding provided under
this heading will be allocated to each of the four categories identified
under this heading and for what projects or activities funding will be
used: Provided further, That following the initial approval of this
plan, the Secretary may amend the plan with the approval of the House
and Senate Committees on Appropriations.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescission
[[Page 123 STAT. 3095]]
or in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescission or
remitted to the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects approved by
the Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescission or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2010 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) <<NOTE: Grants. AIDS.>> Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under this title for
fiscal year 2010 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant, in the
amount determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2010 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2010 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2010, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) <<NOTE: New Jersey.>> Notwithstanding any other provision of
law, the amount allocated for fiscal year 2010 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White Plains, New
York-New Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and
Urban Development by: (1) allocating to the City of Jersey City, New
Jersey, the proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
[[Page 123 STAT. 3096]]
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) <<NOTE: Time period.>> Notwithstanding any other provision of
law, the amount allocated for fiscal year 2010 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be adjusted by
the Secretary on the basis of area incidence reported over a 3-year
period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2010 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 208. <<NOTE: Deadlines. Reports. Budget.>> The Secretary of
Housing and Urban Development shall provide quarterly reports to the
House and Senate Committees
[[Page 123 STAT. 3097]]
on Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 209. <<NOTE: AIDS. New Jersey.>> (a) Notwithstanding any other
provision of law, the amount allocated for fiscal year 2010 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
to the City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary of
Housing and Urban Development by allocating to the State of New Jersey
the proportion of the metropolitan division's amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the proportion
of the metropolitan division's high incidence bonus if this area in New
Jersey also has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) <<NOTE: North Carolina.>> Notwithstanding any other provision of
law, the Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would be
allocated for fiscal year 2010 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
Statistical Area. Any amounts allocated to Wake County shall be used to
carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2010 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan statistical area,
to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the
case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the
number of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated to a State
under this section shall be used to carry out eligible activities within
the portion of the metropolitan statistical area located in that State.
Sec. 210. <<NOTE: Budget request.>> The President's formal budget
request for fiscal year 2011, as well as the Department of Housing and
Urban Development's congressional budget justifications to be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure
provided under this Act.
Sec. 211. <<NOTE: State listing.>> A public housing agency or such
other entity that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance provided under
section 8 of the United States Housing Act of 1937 on the board of
directors
[[Page 123 STAT. 3098]]
or a similar governing board of such agency or entity as required under
section (2)(b) of such Act. <<NOTE: Establishment.>> Each public housing
agency or other entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that chooses
not to include a resident of Public Housing or a recipient of section 8
assistance on the board of directors or a similar governing board shall
establish an advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity on
issues related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 212. <<NOTE: Transfer authority.>> (a) Notwithstanding any
other provision of law, subject to the conditions listed in subsection
(b), for fiscal years 2010 and 2011, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-based
assistance, debt and statutorily required low-income and very low-income
use restrictions, associated with one or more multifamily housing
project to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>> The
owner or mortgagor of the transferring project shall notify and
consult with the tenants residing in the transferring project
and provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary.
(8) <<NOTE: Records. Contracts.>> If the transferring
project meets the requirements of subsection (c)(2)(E), the
owner or mortgagor of the receiving project or projects shall
execute and record either a continuation of the existing use
agreement or a new use agreement for the project where, in
either case, any use restrictions in such agreement are of no
lesser duration than the existing use restrictions.
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would
[[Page 123 STAT. 3099]]
be reduced as a result of a transfer completed under this
section.
(10) <<NOTE: Determination.>> The Secretary determines that
Federal liability with regard to this project will not be
increased.
(c) <<NOTE: Definitions.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required low-
income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. <<NOTE: Native Alaskans.>> The funds made available for
Native Alaskans under the heading ``Native American Housing Block
Grants'' in title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in fiscal
year 2005.
[[Page 123 STAT. 3100]]
Sec. 214. <<NOTE: Audits.>> No funds provided under this title may
be used for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
Sec. 216. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g)), the
Secretary of Housing and Urban Development may, until September 30,
2010, insure and enter into commitments to insure mortgages under
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in fiscal
year 2010, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. <<NOTE: Determination. Contracts.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall also
take appropriate steps
[[Page 123 STAT. 3101]]
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies
to assist relocation of tenants for imminent major threats to health and
safety. After disposition of any multifamily property described under
this section, the contract and allowable rent levels on such properties
shall be subject to the requirements under section 524 of MAHRAA.
Sec. 218. <<NOTE: Michigan. Contracts. Determination.>> During
fiscal year 2010, in the provision of rental assistance under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in
connection with a program to demonstrate the economy and effectiveness
of providing such assistance for use in assisted living facilities that
is carried out in the counties of the State of Michigan notwithstanding
paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing
in an assisted living facility in any such county, on behalf of which a
public housing agency provides assistance pursuant to section 8(o)(18)
of such Act, may be required, at the time the family initially receives
such assistance, to pay rent in an amount exceeding 40 percent of the
monthly adjusted income of the family by such a percentage or amount as
the Secretary of Housing and Urban Development determines to be
appropriate.
Sec. 219. <<NOTE: Reports. Deadlines. Contracts.>> The Secretary of
Housing and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on HUD's use of
all sole source contracts, including terms of the contracts, cost, and a
substantive rationale for using a sole source contract.
Sec. 220. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may
lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading ``Program
Account'' under the heading ``Community Development Loan Guarantees''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment shall
distribute all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the commitment.
(b) <<NOTE: Deadline. Regulations.>> Not later than 60 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2010.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2010.''.
[[Page 123 STAT. 3102]]
Sec. 223. <<NOTE: Exemption.>> Public housing agencies that own and
operate 400 or fewer public housing units may elect to be exempt from
any asset management requirement imposed by the Secretary of Housing and
Urban Development in connection with the operating fund rule: Provided,
That an agency seeking a discontinuance of a reduction of subsidy under
the operating fund formula shall not be exempt from asset management
requirements.
Sec. 224. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not
use capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 225. <<NOTE: Allotment holder. Determination.>> No official or
employee of the Department of Housing and Urban Development shall be
designated as an allotment holder unless the Office of the Chief
Financial Officer has determined that such allotment holder has
implemented an adequate system of funds control and has received
training in funds control procedures and
directives. <<NOTE: Deadline. Designation.>> The Chief Financial Officer
shall ensure that, not later than 90 days after the date of enactment of
this Act, a trained allotment holder shall be designated for each HUD
subaccount under the headings ``Executive Direction'' and heading
``Administration, Operations, and Management'' as well as each account
receiving appropriations for ``personnel compensation and benefits''
within the Department of Housing and Urban Development.
Sec. 226. <<NOTE: Reports. Deadlines.>> The Secretary of Housing
and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on the status of
all section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all federally
subsidized housing being refinanced under the Mark-to-Market program.
The Secretary shall in the report identify all existing units maintained
by region as section 8 project-based units and all project-based units
that have opted out of section 8 or have otherwise been eliminated as
section 8 project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to preserve all
section 8 project-based housing units and all the reasons for any units
which opted out or otherwise were lost as section 8 project-based units.
Such analysis shall include a review of the impact of the loss of any
subsidized units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in areas with
scarce housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
[[Page 123 STAT. 3103]]
Sec. 228. <<NOTE: Notification. Federal Register, publication. 42
USC 3545a.>> The Secretary of the Department of Housing and Urban
Development shall for Fiscal Year 2010 and subsequent fiscal years,
notify the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the availability
of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to be
competitively awarded. <<NOTE: Web posting.>> Notwithstanding any other
provision of law, for Fiscal Year 2010 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at the
appropriate government website or websites or through other electronic
media, as determined by the Secretary.
Sec. 229. (a) Approval of Prepayment of Debt.--Upon request of the
project sponsor of a project assisted with a loan under section 202 of
the Housing Act of 1959 (as in effect before the enactment of the
Cranston-Gonzalez National Affordable Housing Act), for which the
Secretary's consent to prepayment is required, the Secretary shall
approve the prepayment of any indebtedness to the Secretary relating to
any remaining principal and interest under the loan as part of a
prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least as
advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of Housing
and Urban Development, including the rent supplement program
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s)) or any successor project-based rental
assistance program, except as provided by subsection (a)(2)(B);
and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of the
loan for the project and in reductions in debt service
related to such loan; or
(B) in the case of a project that is assisted with a
loan under such section 202 carrying an interest rate of
6 percent or lower, a transaction under which--
(i) the project owner shall address the
physical needs of the project;
(ii) <<NOTE: Cost estimate.>> the prepayment
plan for the transaction, including the
refinancing, shall meet a cost benefit analysis,
as established by the Secretary, that the benefit
of the transaction outweighs the cost of the
transaction including any increases in rent
charged to unassisted tenants;
(iii) the overall cost for providing rental
assistance under section 8 for the project (if
any) is not increased, except, upon approval by
the Secretary to--
(I) mark-up-to-market contracts
pursuant to section 524(a)(3) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
nonprofit organizations; or
[[Page 123 STAT. 3104]]
(II) mark-up-to-budget contracts
pursuant to section 524(a)(4) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
eligible owners (as such term is defined
in section 202(k) of the Housing Act of
1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent
sufficient to meet debt service payments and
operating cost requirements, as approved by the
Secretary, if project-based rental assistance is
not available or is insufficient for the debt
service and operating cost of the project after
refinancing. Such approval by the Secretary--
(I) shall be the basis for the owner
to agree to terminate the project-based
rental assistance contract that is
insufficient for the debt service and
operating cost of the project after
refinancing; and
(II) shall be an eligibility event
for the project for purposes of section
8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted
under section 8(t) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)) shall, upon
termination of the occupancy of such tenants,
become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)) without regard to
the percentage limitations provided in such
section; and
(vi) <<NOTE: Contracts. Time period.>> there
shall be a use agreement of 20 years from the date
of the maturity date of the original 202 loan for
all units, including units to be occupied by
tenants assisted under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)).
Sec. 230. <<NOTE: Homeless.>> No property identified by the
Secretary of Housing and Urban Development as surplus Federal property
for use to assist the homeless shall be made available to any homeless
group unless the group is a member in good standing under any of HUD's
homeless assistance programs or is in good standing with any other
program which receives funds from any other Federal or State agency or
entity: Provided, That an exception may be made for an entity not
involved with Federal homeless programs to use surplus Federal property
for the homeless only after the Secretary or another responsible Federal
agency has fully and comprehensively reviewed all relevant finances of
the entity, the track record of the entity in assisting the homeless,
the ability of the entity to manage the property, including all costs,
the ability of the entity to administer homeless programs in a manner
that is effective to meet the needs of the homeless population that is
expected to use the property and any other related issues that
demonstrate a commitment to assist the homeless: Provided further, That
the Secretary shall not require the entity to have cash in hand in order
to demonstrate financial ability but may rely on the entity's prior
demonstrated fundraising ability or commitments for in-kind donations of
goods and services: Provided further, That the Secretary shall make all
such information and its decision
[[Page 123 STAT. 3105]]
regarding the award of the surplus property available to the committees
of jurisdiction, including a full justification of the appropriateness
of the use of the property to assist the homeless as well as the
appropriateness of the group seeking to obtain the property to use such
property to assist the homeless: <<NOTE: Applicability.>> Provided
further, That, this section shall apply to properties in fiscal years
2009 and 2010 made available as surplus Federal property for use to
assist the homeless.
Sec. 231. <<NOTE: Transfer authority. Submission.>> The Secretary
of the Department of Housing and Urban Development is authorized to
transfer up to 5 percent of funds appropriated for any account under
this title under the heading ``Personnel Compensation and Benefits'' to
any other account under this title under the heading ``Personnel
Compensation and Benefits'' only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided, That, no appropriation for any
such account shall be increased or decreased by more than 10 percent by
all such transfers.
Sec. 232. <<NOTE: Requirements.>> The Secretary of Housing and
Urban Development may increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110
Stat. 1321) by adding to the program three Public Housing Agencies that
meet the following requirements: is a High Performing Agency under the
Public Housing Assessment System (PHAS). No PHA shall be granted this
designation through this section that administers in excess of 5,000
aggregate housing vouchers and public housing units. No PHA granted this
designation through this section shall receive more funding under
sections 8 or 9 of the United States Housing Act of 1937 than they
otherwise would have received absent this
designation. <<NOTE: Reports.>> In addition to other reporting
requirements, all Moving-to-Work agencies shall report financial data to
the Department of Housing and Urban Development as specified by the
Secretary, so that the effect of Moving-to-Work policy changes can be
measured.
Sec. 233. Notwithstanding any other provision of law, in
determining the market value of any multifamily real property or
multifamily loan for any noncompetitive sale to a State or local
government, the Secretary shall in fiscal year 2010 consider, but not be
limited to, industry standard appraisal practices, including the cost of
repairs needed to bring the property into such condition as to satisfy
minimum State and local code standards and the cost of maintaining the
affordability restrictions imposed by the Secretary on the multifamily
real property or multifamily loan.
Sec. 234. The Disaster Housing Assistance Programs, administered by
the Department of Housing and Urban Development, shall be considered a
``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
Sec. 235. (a) In General.-- <<NOTE: Reports. Web posting.>> The
Secretary of Housing and Urban Development shall prepare a report, and
post such report on the public website of the Department of Housing and
Urban Development (in this section referred to as the ``Department''),
regarding the number of homes owned by the Department and the budget
impact of acquiring, maintaining, and selling such homes.
[[Page 123 STAT. 3106]]
(b) Content.--The report required by this section shall include--
(1) the number of residential homes that the Department
owned during the years 2004 through 2009;
(2) an itemized breakdown of the total annual financial
impact, including losses and gains from selling homes and
maintenance and acquisition of homes, of home ownership by the
Department since 2004;
(3) a detailed explanation of the reasons for the ownership
by the Department of the homes;
(4) a list of the 10 urban areas in which the Department
owns the most homes and the rate of homelessness in each of
those areas; and
(5) a list of the 10 States in which the Department owns the
most homes and the rate of homelessness in each of those States.
Sec. 236. The matter under the heading ``Community Development
Fund'', under the heading ``Community Planning and Development'', under
the heading ``Department of Housing and Urban Development'' in chapter
10 of title I of division B of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329;
122 Stat. 3601) is amended by striking ``: Provided further, That none
of the funds provided under this heading may be used by a State or
locality as a matching requirement, share, or contribution for any other
Federal program''.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2010''.
TITLE III
RELATED AGENCIES
Access Board
Salaries and Expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $7,300,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $24,135,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page 123 STAT. 3107]]
National Railroad Passenger Corporation
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $19,000,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within
Amtrak: <<NOTE: Budget requests.>> Provided further, That concurrent
with the President's budget request for fiscal year 2011, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2011 in similar format
and substance to those submitted by executive agencies of the Federal
Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$98,050,000, of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That of the funds
provided under this heading, $2,416,000 shall remain available through
September 30, 2011: <<NOTE: Audits.>> Provided further, That of the
funds provided, up to $100,000 shall be provided through reimbursement
to the Department of Transportation's Office of Inspector General to
audit the National Transportation Safety Board's financial statements.
The amounts made available to the National Transportation Safety Board
in this Act include amounts necessary to make lease payments on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by
[[Page 123 STAT. 3108]]
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107),
$133,000,000, of which $5,000,000 shall be for a multi-family rental
housing program: <<NOTE: 42 USC 8104.>> Provided, That section 605(a) of
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is
amended by adding at the end of the first sentence, prior to the period,
``, except that the board-appointed officers may be paid salary at a
rate not to exceed level II of the Executive Schedule'': Provided
further, That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including necessary
administrative expenses: <<NOTE: Foreclosures.>> Provided further, That
in addition, $65,000,000 shall be made available until expended to the
Neighborhood Reinvestment Corporation for mortgage foreclosure
mitigation activities, under the following terms and conditions:
(1) <<NOTE: Grants. Waiver authority.>> The Neighborhood
Reinvestment Corporation (``NRC''), shall make grants to
counseling intermediaries approved by the Department of Housing
and Urban Development (HUD) (with match to be determined by the
NRC based on affordability and the economic conditions of an
area; a match also may be waived by the NRC based on the
aforementioned conditions) to provide mortgage foreclosure
mitigation assistance primarily to States and areas with high
rates of defaults and foreclosures to help eliminate the default
and foreclosure of mortgages of owner-occupied single-family
homes that are at risk of such foreclosure. Other than areas
with high rates of defaults and foreclosures, grants may also be
provided to approved counseling intermediaries based on a
geographic analysis of the Nation by the NRC which determines
where there is a prevalence of mortgages that are risky and
likely to fail, including any trends for mortgages that are
likely to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this
paragraph. <<NOTE: Requirements.>> A HUD-approved counseling
intermediary shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by the NRC,
and shall be approved by HUD or the NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and homeowners
will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result in
the long-term affordability of the mortgage retained pursuant to
such activity or another positive outcome for the homeowner. No
funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction
payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding
the assumption of the mortgage by another non-Federal party,
counseling regarding the possible purchase of the mortgage by a
non-Federal third party, counseling and
[[Page 123 STAT. 3109]]
advice of all likely restructuring and refinancing strategies or
the approval of a work-out strategy by all interested parties.
(4) <<NOTE: Certification.>> NRC may provide up to 15
percent of the total funds under this paragraph to its own
charter members with expertise in foreclosure prevention
counseling, subject to a certification by the NRC that the
procedures for selection do not consist of any procedures or
activities that could be construed as an unacceptable conflict
of interest or have the appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency
and foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and positive
outcomes with documented counseling plans (including post
mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved areas.
(6) Of the total amount made available under this paragraph,
up to $3,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except
that private financial institutions that participate in NRC
training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph,
up to 4 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) <<NOTE: Reports. Deadline.>> The NRC shall continue to
report bi-annually to the House and Senate Committees on
Appropriations as well as the Senate Banking Committee and House
Financial Services Committee on its efforts to mitigate mortgage
default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $2,450,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year 2010 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
[[Page 123 STAT. 3110]]
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 404. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2010, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates, reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or department
different from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval
is received from the House and Senate Committees on
Appropriations: <<NOTE: Deadline. Reports.>> Provided, That not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, <<NOTE: Fines.>> That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not been
submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2010 from appropriations made available
[[Page 123 STAT. 3111]]
for salaries and expenses for fiscal year 2010 in this Act, shall remain
available through September 30, 2011, for each such account for the
purposes authorized: Provided, <<NOTE: Expenditure request.>> That a
request shall be submitted to the House and Senate Committees on
Appropriations for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. <<NOTE: Reports. Deadline.>> All Federal agencies and
departments that are funded under this Act shall issue a report to the
House and Senate Committees on Appropriations on all sole source
contracts by no later than July 30, 2010. Such report shall include the
contractor, the amount of the contract and the rationale for using a
sole source contract.
Sec. 408. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 409. <<NOTE: Eminent domain.>> No funds in this Act may be
used to support any Federal, State, or local projects that seek to use
the power of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 410. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 411. <<NOTE: Employment. Deadline. Time
period. Certification.>> No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling a
position,
[[Page 123 STAT. 3112]]
other than a temporary position, formerly held by an employee who has
left to enter the Armed Forces of the United States and has
satisfactorily completed his period of active military or naval service,
and has within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more than
1 year, made application for restoration to his former position and has
been certified by the Office of Personnel Management as still qualified
to perform the duties of his former position and has not been restored
thereto.
Sec. 412. No funds appropriated pursuant to this Act may be
expended in contravention of sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
found to violate the Buy American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 415. <<NOTE: Light bulbs.>> None of the funds made available
in this Act may be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an Energy Star or
Federal Energy Management Program designation.
Sec. 416. <<NOTE: Web posting.>> (a) Any agency receiving funds made
available in this Act, shall, subject to subsections (b) and (c), post
on the public website of that agency any report required to be submitted
by the Congress in this or any other Act, upon the determination by the
head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 417. None of the funds made available in this Act may be used
to establish, issue, implement, administer, or enforce any prohibition
or restriction on the establishment or effectiveness of any occupancy
preference for veterans in supportive housing for the elderly that: (1)
is provided assistance by the Department of Housing and Urban
Development; and (2)(A) is or would be located on property of the
Department of Veterans Affairs; or (B) is subject to an enhanced use
lease with the Department of Veterans Affairs.
Sec. 418. <<NOTE: ACORN.>> None of the funds made available under
this Act or any prior Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 419. <<NOTE: Earmarks.>> Specific projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-218) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
[[Page 123 STAT. 3113]]
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2010''.
DIVISION B <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2010.>> --COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
TITLE I <<NOTE: Department of Commerce Appropriations Act, 2010.>>
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the International Trade Administration
between two points abroad, without regard to 49 U.S.C. 40118; employment
of Americans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$456,204,000, to remain available until September 30, 2011, of which
$9,439,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, That not less than $49,530,000 shall be for Manufacturing and
Services; not less than $43,212,000 shall be for Market Access and
Compliance; not less than $68,290,000 shall be for the Import
Administration; not less than $258,438,000 shall be for the Trade
Promotion and United States and Foreign Commercial Service; and not less
than $27,295,000 shall be for Executive Direction and Administration:
Provided further, That not less than $7,000,000 shall be for the Office
of China Compliance, and not less than $4,400,000 shall be for the China
Countervailing Duty Group: Provided further,
<<NOTE: Applicability.>> That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities: <<NOTE: Negotiations.>> Provided further, That negotiations
shall be conducted within the World Trade Organization to recognize the
right
[[Page 123 STAT. 3114]]
of members to distribute monies collected from antidumping and
countervailing duties: Provided further, That negotiations shall be
conducted within the World Trade Organization consistent with the
negotiating objectives contained in the Trade Act of 2002, Public Law
107-210: Provided further, That within the amounts appropriated,
$5,215,000 shall be used for the projects, and in the amounts, specified
in the explanatory statement accompanying this Act.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $100,342,000, to
remain available until expended, of which $14,767,000 shall be for
inspections and other activities related to national
security: <<NOTE: Applicability.>> Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $255,000,000, to remain available until expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $38,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 123 STAT. 3115]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $31,500,000: Provided, That within the amounts
appropriated, $1,100,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement accompanying this Act.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$97,255,000, to remain available until September 30, 2011.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $259,024,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $7,065,707,000, of
which $100,000,000 shall be derived from available unobligated balances
previously appropriated under this heading, to remain available until
September 30, 2011: <<NOTE: Race identification. 13 USC 5
note.>> Provided, That none of the funds provided in this or any other
Act for any fiscal year may be used for the collection of census data on
race identification that does not include ``some other race'' as a
category: Provided further, That from amounts provided herein, funds may
be used for additional promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $19,999,000,
to remain available until September 30, 2011: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences
[[Page 123 STAT. 3116]]
of NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain
available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392 of the
Communications Act of 1934, $20,000,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$1,887,000,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376 are received during fiscal year 2010, so as to
result in a fiscal year 2010 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2010, should
the total amount of offsetting fee collections be less than
$1,887,000,000, this amount shall be reduced accordingly: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2010 for official reception and
representation expenses: Provided further, That in fiscal year 2010 from
the amounts made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay: (1) the difference between the percentage
of basic pay contributed by the USPTO and employees under section
8334(a) of title 5, United States Code, and the normal cost percentage
(as defined by section 8331(17) of that title) of basic pay, of
employees subject to subchapter III of chapter 83 of that title; and (2)
the present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees, shall be transferred to the Civil Service Retirement
and Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be available
for the authorized purposes of those accounts: Provided
further, <<NOTE: Applicability. 35 USC 41 note.>> That sections 801,
802, and 803 of division B, Public Law 108-447 shall remain in effect
during fiscal year 2010: Provided further, That the Director may, this
year, reduce by regulation fees payable for documents in patent and
trademark matters, in connection with the filing of documents filed
electronically in a form prescribed by the Director: Provided further,
That from the amounts provided herein, no less than $4,000,000 shall be
available only for the USPTO contribution in
[[Page 123 STAT. 3117]]
a cooperative or joint agreement or agreements with a non-profit
organization or organizations, successfully audited within the previous
year, and with previous experience in such programs, to conduct policy
studies, including studies relating to activities of United Nations
Specialized agencies and other international organizations, as well as
conferences and other development programs, in support of fair
international protection of intellectual property rights.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $515,000,000, to remain available until expended, of which
not to exceed $9,000,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $10,000 shall be for official
reception and representation expenses: Provided further, That within the
amounts appropriated, $10,500,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement accompanying this
Act.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$124,700,000, to remain available until expended. In addition, for
necessary expenses of the Technology Innovation Program of the National
Institute of Standards and Technology, $69,900,000, to remain available
until expended.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$147,000,000, to remain available until expended, of which $20,000,000
is for a competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated, $47,000,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement accompanying this Act: <<NOTE: Budget estimate. 15
USC 1513b note.>> Provided further, That the Secretary of Commerce shall
include in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years.
[[Page 123 STAT. 3118]]
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $3,305,178,000, to remain available until September 30,
2011, except for funds provided for cooperative enforcement, which shall
remain available until September 30, 2012: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $104,600,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the $3,412,778,000
provided for in direct obligations under this heading $3,305,178,000 is
appropriated from the general fund, and $107,600,000 is provided by
transfer: Provided further, That the total amount available for the
National Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $235,549,000: Provided
further, That payments of funds made available under this heading to the
Department of Commerce Working Capital Fund including Department of
Commerce General Counsel legal services shall not exceed $41,944,000:
Provided further, That within the amounts appropriated, $99,295,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement accompanying this Act: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, <<NOTE: Grants.>> That in allocating grants under
sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, no coastal State shall receive more than 5 percent or less than
1 percent of increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,358,353,000, to remain available until
September 30, 2012, except funds provided for construction of facilities
which shall remain available until expended: Provided, That of the
$1,360,353,000 provided for in direct obligations
[[Page 123 STAT. 3119]]
under this heading, $1,358,353,000 is appropriated from the general fund
and $2,000,000 is provided from recoveries of prior year obligations:
Provided further, That except to the extent expressly prohibited by any
other law, the Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational Environmental
Satellite System to officials of the Department of Commerce pursuant to
section 2311 of title 10, United States Code: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this
Act: <<NOTE: Budget estimates.>> Provided further, That the Secretary of
Commerce shall include in budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric Administration Procurement, Acquisition or
Construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate of the
budgetary requirements for each such project for each of the five
subsequent fiscal years: Provided further, <<NOTE: Contracts. University
of Alabama.>> That the Secretary of Commerce is authorized to enter
into a lease, at no cost to the United States Government, with the
Regents of the University of Alabama for a term of not less than 55
years, with two successive options each of 5 years, for land situated on
the campus of University of Alabama in Tuscaloosa to house the
Cooperative Institute and Research Center for Southeast Weather and
Hydrology: Provided further, That within the amounts appropriated,
$18,000,000 shall be used for the projects, and in the amounts,
specified in the explanatory statement accompanying this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $80,000,000, to remain available until September 30,
2011: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and Federally-recognized tribes of the
Columbia River and Pacific Coast for projects necessary for conservation
of salmon and steelhead populations that are listed as threatened or
endangered, or identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That funds
disbursed to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of the
Federal funds.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed
[[Page 123 STAT. 3120]]
$3,000,000 shall be transferred to the ``Operations, Research, and
Facilities'' account to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2010, obligations of direct loans may not exceed
$16,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official reception and representation, $58,000,000:
Provided, <<NOTE: Deadline. Reports.>> That the Secretary, within 60
days of enactment of this Act, shall provide a report to the Committees
on Appropriations of the House and Senate that audits and evaluates all
decision documents and expenditures by the Bureau of the Census as they
relate to the 2010 Census: <<NOTE: Certification.>> Provided further,
That of the amounts provided to the Secretary within this account,
$5,000,000 shall not become available for obligation until the Secretary
certifies to the Committees on Appropriations of the House and Senate
that the Bureau of the Census has followed and met all standards and
best practices, and all Office of Management and Budget guidelines
related to information technology projects and contract management.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $22,500,000, to
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $27,000,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
[[Page 123 STAT. 3121]]
and expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. <<NOTE: Incorporation by reference. 33 USC 878a note.>> 105.
The requirements set forth by section 112 of division B of Public Law
110-161 are hereby adopted by reference.
Sec. 106. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation, and
protection of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal Property and
Administrative Services Act of 1949, as amended, on a reimbursable or
non-reimbursable basis. Amounts received as reimbursement for services
provided under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be credited
to the appropriation or fund which initially bears the costs of such
services.
Sec. 107. <<NOTE: President.>> With the consent of the President,
the Secretary of Commerce shall represent the United States Government
in negotiating and monitoring international agreements regarding
[[Page 123 STAT. 3122]]
fisheries, marine mammals, or sea turtles: Provided, That the Secretary
of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States with
respect to the international negotiations and agreements referred to in
this section.
Sec. 108. Section 101(k) of the Emergency Steel Loan Guarantee Act
of 1999 (15 U.S.C. 1841 note) is amended by striking ``2009'' and
inserting ``2011''.
Sec. 109. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 110. The Administration of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and facilities
of any department, agency or instrumentality of the United States, or of
any State, local government, Indian tribal government, Territory or
possession, or of any political subdivision thereof, or of any foreign
government or international organization for purposes related to
carrying out the responsibilities of any statute administered by the
National Oceanic and Atmospheric Administration.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2010''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2010.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $118,488,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That $18,693,000 is for
Department Leadership; $8,101,000 is for Intergovernmental Relations/
External Affairs; $12,715,000 is for Executive Support/Professional
Responsibility; and $78,979,000 is for the Justice Management Division:
Provided further, That any change in amounts specified in the preceding
proviso greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations consistent with the terms
of section 505 of this Act: Provided further, That this transfer
authority is in addition to transfers authorized under section 505 of
this Act.
national drug intelligence center
For necessary expenses of the National Drug Intelligence Center,
$44,023,000, of which $2,000,000 shall be for reimbursement of Air Force
personnel for the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence responsibilities:
Provided, That the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support to law
enforcement authorities and the intelligence community by conducting
document and computer
[[Page 123 STAT. 3123]]
exploitation of materials collected in Federal, State, and local law
enforcement activity associated with counter-drug, counterterrorism, and
national security investigations and operations.
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$88,285,000, to remain available until expended.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement
communications, and for the costs of operations and maintenance of
existing Land Mobile Radio legacy systems, $206,143,000, to remain
available until expended: Provided, That the Attorney General shall
transfer to this account all funds made available to the Department of
Justice for the purchase of portable and mobile radios: Provided
further, That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $300,685,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,438,663,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That not to exceed $5,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$84,368,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,859,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed
[[Page 123 STAT. 3124]]
$20,000 for expenses of collecting evidence, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Attorney General; and rent of private or Government-owned space in
the District of Columbia, $875,097,000, of which not to exceed
$10,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the total amount appropriated, not to
exceed $10,000 shall be available to the United States National Central
Bureau, INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the election monitoring
program $3,390,000, shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $163,170,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $102,000,000 in fiscal year 2010), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2010, so as to result in a
final fiscal year 2010 appropriation from the general fund estimated at
$61,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,934,003,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, not less than
[[Page 123 STAT. 3125]]
$36,980,000 shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
of offenses relating to the sexual exploitation of children: Provided
further, That of the amount provided under this heading, $6,000,000 is
for salaries and expenses for new assistant U.S. Attorneys to carry out
additional prosecutions of serious crimes in Indian Country.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $219,250,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $210,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year 2010, so
as to result in a final fiscal year 2010 appropriation from the Fund
estimated at $4,250,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,117,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$168,300,000, to remain available until expended: Provided, That not to
exceed $10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$3,000,000 may be made available for the purchase and maintenance of
armored and other vehicles for witness security caravans: Provided
further, That not to exceed $11,000,000 may be made available for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$11,479,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary
[[Page 123 STAT. 3126]]
to respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,125,763,000; of which not to exceed $30,000 shall be available for
official reception and representation expenses; and of which not to
exceed $10,000,000 shall remain available until expended for information
technology systems.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$26,625,000, to remain available until expended; of which not less than
$12,625,000 shall be available for the costs of courthouse security
equipment, including furnishings, relocations, and telephone systems and
cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $87,938,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with
[[Page 123 STAT. 3127]]
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $528,569,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $7,658,622,000, of which $101,066,000 is designated as being for
overseas deployments and other activities pursuant to sections 401(c)(4)
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010; and of which not to
exceed $150,000,000 shall remain available until expended: Provided,
That not to exceed $205,000 shall be available for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, the Director of the Federal Bureau of
Investigation, upon a determination that additional funding is necessary
to carry out construction of the Biometrics Technology Center, may
transfer from amounts available for ``Salaries and Expenses'' to amounts
available for ``Construction'' up to $30,000,000 in fees collected to
defray expenses for the automation of fingerprint identification and
criminal justice information services and associated costs: Provided
further, That any transfer made pursuant to the previous proviso shall
be subject to section 505 of this Act.
construction
For all necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of Federally-owned buildings; and preliminary planning and
design of projects; $239,915,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,019,682,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
[[Page 123 STAT. 3128]]
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, not to exceed $40,000 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$1,114,772,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code; and of which not to exceed $10,000,000 shall
remain available until expended: Provided, That no funds appropriated
herein shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
Provided further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to 27 CFR
478.118 or to change the definition of ``Curios or relics'' in 27 CFR
478.11 or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments in fiscal year 2010: <<NOTE: Effective
date. Firearms data. 18 USC 923 note.>> Provided further, That,
beginning in fiscal year 2010 and thereafter, no funds appropriated
under this or any other Act may be used to disclose part or all of the
contents of the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by licensees pursuant
to section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section 923(g),
except to: (1) a Federal, State, local, or tribal law enforcement
agency, or a Federal, State, or local prosecutor; or (2) a foreign law
enforcement agency solely in connection with or for use in a criminal
investigation or prosecution; or (3) a Federal agency for a national
security or intelligence purpose; unless such disclosure of such data to
any of the entities described in (1), (2) or (3) of this proviso would
compromise the identity of any undercover law enforcement officer or
confidential informant, or interfere with any case under investigation;
and no person or entity described in (1), (2) or (3) shall knowingly and
publicly disclose such data; and all such data shall be immune from
legal process, shall not be subject to subpoena or other discovery,
shall be inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other
[[Page 123 STAT. 3129]]
evidence be permitted based on the data, in a civil action in any State
(including the District of Columbia) or Federal court or in an
administrative proceeding other than a proceeding commenced by the
Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the
provisions of chapter 44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed to prevent:
(A) the disclosure of statistical information concerning total
production, importation, and exportation by each licensed importer (as
defined in section 921(a)(9) of such title) and licensed manufacturer
(as defined in section 921(a)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local prosecutors,
and Federal national security, intelligence, or counterterrorism
officials; or (C) the publication of annual statistical reports on
products regulated by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, including total production, importation, and exportation by
each licensed importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms traffickers
and trafficking channels, or firearms misuse, felons, and trafficking
investigations: Provided further, That no funds made available by this
or any other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States Code: Provided further, That no funds
under this Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That no funds authorized or made
available under this or any other Act may be used to deny any
application for a license under section 923 of title 18, United States
Code, or renewal of such a license due to a lack of business activity,
provided that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to claim an income
tax deduction for business expenses under the Internal Revenue Code of
1986.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of Federally-owned buildings;
and preliminary planning and design of projects; $6,000,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 831, of
which 743 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,086,231,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
[[Page 123 STAT. 3130]]
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $6,000 shall
be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2011: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$99,155,000, to remain available until expended, of which not less than
$73,769,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to
[[Page 123 STAT. 3131]]
be determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $418,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 3 percent of
funds made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided further,
That of the amount provided (which shall be by transfer for programs
administered by the Office of Justice Programs)--
(1) $210,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $18,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act; and
(B) $3,000,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(2) $60,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(3) $15,000,000 for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(4) $41,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
[[Page 123 STAT. 3132]]
(5) $9,500,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(6) $41,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(7) $4,250,000 for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(8) $14,000,000 for the safe havens for children program, as
authorized by section 1301 of the 2000 Act;
(9) $6,750,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(10) $3,000,000 for an engaging men and youth in prevention
program, as authorized by section 41305 of the 1994 Act;
(11) $1,000,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act and
consistent with title I of the Adam Walsh Child Protection and
Safety Act of 2006;
(12) $3,500,000 for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(13) $3,000,000 for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the 1994
Act;
(14) $3,000,000 for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(15) $1,000,000 for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act; and
(16) $2,500,000 for the Supporting Teens through Education
and Protection program, as authorized by section 41204 of the
1994 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 ``the 1968 Act''; the Juvenile Justice and Delinquency
Prevention Act of 1974 ``the 1974 Act''; the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); the Victims of Child
Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984 (Public Law 98-
473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248); the PROTECT Our Children Act of 2008 (Public Law 110-401);
subtitle D of title II of the Homeland Security Act of 2002 (Public Law
107-296), which may include research and development; and other programs
(including the Statewide Automated Victim Notification Program);
$235,000,000, to remain available until expended, of which--
[[Page 123 STAT. 3133]]
(1) $60,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $41,000,000 is for the National Crime
Victimization Survey;
(2) $48,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act;
(3) $12,000,000 is for the Statewide Victim Notification
System of the Bureau of Justice Assistance;
(4) $45,000,000 is for the Regional Information Sharing
System, as authorized by part M of title I of the 1968 Act; and
(5) $70,000,000 is for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
and other programs; $1,534,768,000, to remain available until expended
as follows--
(1) $519,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act, (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of the 1968
Act, as amended, shall not apply for purposes of this Act), of
which $5,000,000 is for use by the National Institute of Justice
in assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement, and $3,000,000 is for a program to improve State
and local law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
(2) $330,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $31,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United States
Attorneys;
(4) $185,268,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or combat
[[Page 123 STAT. 3134]]
juvenile delinquency, and to assist victims of crime (other than
compensation), which shall be used for the projects, and in the
amounts, specified in the explanatory statement accompanying
this Act;
(5) $40,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(7) $12,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(8) $45,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(10) $15,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79);
(11) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(12) $5,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(13) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(14) $50,000,000 for assistance to Indian tribes, of which--
(A) $10,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994 Act;
(B) $25,000,000 shall be available for the Tribal
Courts Initiative;
(C) $12,000,000 shall be available for tribal
alcohol and substance abuse reduction assistance grants;
and
(D) $3,000,000 shall be available for training and
technical assistance and civil and criminal legal
assistance as authorized by title I of Public Law 106-
559;
(15) $20,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(16) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(17) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(18) $3,000,000 for grants to improve the stalking and
domestic violence database, as authorized by section 40602 of
the 1994 Act;
(19) $1,000,000 for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act;
[[Page 123 STAT. 3135]]
(20) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(21) $1,000,000 for grants for televised testimony, as
authorized by part N of title I of the 1968 Act;
(22) $15,000,000 for programs to reduce gun crime and gang
violence;
(23) $20,000,000 for grants to assist State and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(24) $11,500,000 for the National Criminal History
Improvement program for grants to upgrade criminal records;
(25) $100,000,000 for offender reentry programs, as
authorized by the Second Chance Act of 2007 (Public Law 110-
199), of which $37,000,000 is for grants for adult and juvenile
offender State and local reentry demonstration projects,
$15,000,000 is for grants for mentoring and transitional
services, $10,000,000 is for reentry courts, $7,500,000 is for
family-based substance abuse treatment, $2,500,000 is for
evaluation and improvement of education at prisons, jails, and
juvenile facilities, $5,000,000 is for technology careers
training demonstration grants, $13,000,000 is for offender
reentry substance abuse and criminal justice collaboration, and
$10,000,000 is for prisoner reentry research;
(26) $10,000,000 for activities related to comprehensive
criminal justice reform and recidivism reduction efforts by
States;
(27) $10,000,000 for implementation of a student loan
repayment assistance program pursuant to section 952 of Public
Law 110-315;
(28) $3,000,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for the costs associated with the
prosecution of criminal cases declined by local offices of the
United States Attorneys; and
(29) $35,000,000 for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act:
Provided, That if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform non-administrative public
sector safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, $20,000,000, to remain available
until expended, as authorized by section 103 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department of
Justice Reauthorization Act of 2005
[[Page 123 STAT. 3136]]
(Public Law 109-162), the Missing Children's Assistance Act (42 U.S.C.
5771 et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248); the
PROTECT Our Children Act of 2008 (Public Law 110-401), and other
juvenile justice programs, $423,595,000, to remain available until
expended as follows--
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(2) $91,095,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act, which shall be used for
the projects, and in the amounts, specified in the explanatory
statement accompanying this Act;
(3) $100,000,000 for youth mentoring grants;
(4) $65,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $25,000,000 shall be for the Tribal Youth
Program;
(B) $10,000,000 shall be for a gang education
initiative; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary grants, for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(5) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(6) $55,000,000 for the Juvenile Accountability Block Grants
program as authorized by part R of title I of the 1968 Act and
Guam shall be considered a State;
(7) $10,000,000 for community-based violence prevention
initiatives; and
(8) $5,000,000 for the Safe Start Program, as authorized by
the 1974 Act:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs, which
amounts shall be paid to the ``Salaries and Expenses'' account), to
remain available until expended; and $9,100,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such
[[Page 123 STAT. 3137]]
Act, to remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the current fiscal year for the Department of Justice
as may be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Community Oriented Policing Services
(including transfers of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248) (the ``Adam Walsh Act''); and the Justice for All Act of 2004
(Public Law 108-405), $791,608,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act. Of the amount provided (which shall be by transfer, for
programs administered by the Office of Justice Programs)--
(1) $30,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is for related
research, testing, and evaluation programs;
(2) $40,385,000 for grants to entities described in section
1701 of title I of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177, and for other
anti-methamphetamine-related activities: Provided, That within
the amounts appropriated $25,385,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act: Provided further, That within
the amounts appropriated $10,000,000 shall be transferred to the
Drug Enforcement Administration upon enactment of this Act:
Provided further, That within the amounts appropriated
$5,000,000 is for anti-methamphetamine-related activities in
Indian Country;
(3) $170,223,000 for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That within
the amounts appropriated, $168,723,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act: Provided further, That
[[Page 123 STAT. 3138]]
of the amounts provided under this heading $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs;
(4) $161,000,000 for DNA related and forensic programs and
activities, of which--
(A) $151,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities including the purposes of
section 2 of the DNA Analysis Backlog Elimination Act of
2000 (the Debbie Smith DNA Backlog Grant Program);
(B) $5,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $5,000,000 is for Sexual Assault Forensic Exam
Program Grants as authorized by Public Law 108-405,
section 304;
(5) $40,000,000 for improving tribal law enforcement,
including equipment and training;
(6) $12,000,000 for community policing development
activities;
(7) $24,000,000 for a national grant program the purpose of
which is to assist State and local law enforcement to locate,
arrest and prosecute child sexual predators and exploiters, and
to enforce sex offender registration laws described in section
1701(b) of the 1968 Act, of which--
(A) $11,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322);
and
(B) $1,000,000 is for the National Sex Offender
Public Registry;
(8) $16,000,000 for expenses authorized by part AA of the
1968 Act (Secure our Schools); and
(9) $298,000,000 for grants under section 1701 of title I of
the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsections (g) and (i) of such section
and notwithstanding 42 U.S.C. 3796dd-3(c).
Salaries and Expenses
For necessary expenses, not elsewhere specified in this title, for
management and administration of programs within the Office on Violence
Against Women, the Office of Justice Programs and the Community Oriented
Policing Services Office, $192,388,000, of which not to exceed
$15,708,000 shall be available for the Office on Violence Against Women;
not to exceed $139,218,000 shall be available for the Office of Justice
Programs; not to exceed $37,462,000 shall be available for the Community
Oriented Policing Services Office: Provided, That, notwithstanding
section 109 of title I of Public Law 90-351, an additional amount, not
to exceed $21,000,000 shall be available for authorized activities of
the Office of Audit, Assessment, and Management: Provided further, That
the total amount available for management and administration of such
programs shall not exceed $213,388,000: <<NOTE: Determination.>>
Provided further, That notwithstanding section 205 of this Act, upon a
determination
[[Page 123 STAT. 3139]]
by the Attorney General that emergent circumstances require additional
funding for management and administration of such programs, the Attorney
General may transfer such amounts to ``Salaries and Expenses'' from
available appropriations for the current fiscal year for the Department
of Justice as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $75,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <<NOTE: Abortion.>> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. None <<NOTE: Abortion.>> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The <<NOTE: Project extension. 5 USC 3104 note.>>
Attorney General is authorized to extend through September 30, 2011, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
employees or the positions covered.
Sec. 207. Notwithstanding <<NOTE: Investigations. Applicability. 28
USC 533 note.>> any other provision of law, Public Law 102-395 section
102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
Explosives in the conduct of undercover investigative operations and
shall apply without fiscal year limitation with respect to any
undercover investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
[[Page 123 STAT. 3140]]
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent or
purchase videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 210. None <<NOTE: Sentinel. Certification.>> of the funds
made available under this title shall be obligated or expended for
Sentinel, or for any other major new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations that the
information technology program has appropriate program management and
contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
Sec. 211. The <<NOTE: Notification. Applicability.>> notification
thresholds and procedures set forth in section 505 of this Act shall
apply to deviations from the amounts designated for specific activities
in this Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of 28 U.S.C. 545.
Sec. 214. None <<NOTE: Certification.>> of the funds appropriated
in this or any other Act shall be obligated for the initiation of a
future phase of the Federal Bureau of Investigation's Sentinel program
until the Attorney General certifies to the Committees on Appropriations
that existing phases currently under contract for development or
fielding have completed a majority of the work for that phase under the
performance measurement baseline validated by the integrated baseline
review conducted in 2008: Provided, That this restriction does not apply
to planning and design activities for future
phases: <<NOTE: Notification.>> Provided further, That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. In addition to any amounts that otherwise may be
available (or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings ``Justice
Assistance'', ``State and Local Law Enforcement Assistance'',
[[Page 123 STAT. 3141]]
``Weed and Seed'', ``Juvenile Justice Programs'', and ``Community
Oriented Policing Services''--
(1) Up to 3 percent of funds made available to the Office of
Justice Programs for grants or reimbursement may be used to
provide training and technical assistance; and
(2) Up to 1 percent of funds made available to such Office
for formula grants under such headings may be used for research
or statistical purposes by the National Institute of Justice or
the Bureau of Justice Statistics, pursuant to, respectively,
sections 201 and 202, and sections 301 and 302 of title I of
Public Law 90-351.
Sec. 216. The <<NOTE: Determination. Waiver authority.>> Attorney
General may, upon request by a grantee and based upon a determination of
fiscal hardship, waive the requirements of paragraph (1) of section
2976(g) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1)) with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2009 and 2010 for Adult
and Juvenile Offender State and Local Reentry Demonstration Projects
authorized under part FF of such Act of 1968.
Sec. 217. Section 5759 of title 5, United States Code, is amended
by striking subsection (e).
Sec. 218. (a) <<NOTE: Deadlines. Reports.>> The Attorney General
shall submit quarterly reports to the Inspector General of the
Department of Justice regarding the costs and contracting procedures
relating to each conference held by the Department of Justice during
fiscal year 2010 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential
contractors for that conference.
Sec. 219. (a) Subchapter IV of chapter 57 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 5761. Foreign <<NOTE: 5 USC 5761.>> language proficiency
pay awards for the Federal Bureau of
Investigation
``The Director <<NOTE: Regulations.>> of the Federal Bureau of
Investigation may, under regulations prescribed by the Director, pay a
cash award of up to 10 percent of basic pay to any Bureau employee who
maintains proficiency in a language or languages critical to the mission
or who uses one or more foreign languages in the performance of official
duties.''.
[[Page 123 STAT. 3142]]
(b) The analysis for chapter 57 of title 5, United States Code, is
amended by adding at the end the following:
``5761. Foreign language proficiency pay awards for the Federal Bureau
of Investigation.''
Sec. 220. For <<NOTE: Waiver authority.>> purposes of the
allocation under section 505(d)(1) of title I of Public Law 90-351 (42
U.S.C. 3755(d)(1)) for fiscal year 2010, the Attorney General is
authorized to waive the application of section 505(e)(3) (42 U.S.C.
3755(e)(3)) to any non-reporting unit of local government that--
(1) was eligible to receive an allocation under section
505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
(2) agrees <<NOTE: Reports. Deadline.>> to begin to report
timely data on part I violent crimes of the Uniform Crime
Reports to the Federal Bureau of Investigation by not later than
the end of such fiscal year; and
(3) does so begin in accordance with such agreement.
This title may be cited as the ``Department of Justice
Appropriations Act, 2010''.
TITLE III <<NOTE: Science Appropriations Act, 2010.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $7,000,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance;
space flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $4,469,000,000, to remain available until September 30, 2011.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation
[[Page 123 STAT. 3143]]
of mission and administrative aircraft, $501,000,000, to remain
available until September 30, 2011.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance; space flight, spacecraft control, and communications
activities; program management, personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,746,300,000, to remain available until
September 30, 2011: Provided, That notwithstanding section 505 of this
Act, none of the funds provided herein and from prior years that remain
available for obligation during fiscal year 2010 shall be available for
the termination or elimination of any program, project or activity of
the architecture for the Constellation program nor shall such funds be
available to create or initiate a new program, project or activity,
unless such program termination, elimination, creation, or initiation is
provided in subsequent appropriations Acts.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities including
operations, production, and services; maintenance; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance
and operation of mission and administrative aircraft, $6,146,800,000, to
remain available until September 30, 2011: Provided, That of the amounts
provided under this heading, not more than $3,157,100,000 shall be for
Space Shuttle operations, production, research, development, and
support, not more than $2,317,000,000 shall be for International Space
Station operations, production, research, development, and support, and
not more than $751,500,000 shall be for Space and Flight Support.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $182,500,000, to remain available until September 30, 2011.
[[Page 123 STAT. 3144]]
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$70,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,194,000,000: Provided, That not more than
$2,206,300,000 shall be available for center management and operations:
Provided further, That not less than $40,000,000 shall be available for
independent verification and validation activities: Provided further,
That within the amounts appropriated, $63,000,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
accompanying this Act.
construction and environmental compliance and remediation
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $448,300,000, to remain available until
September 30, 2015: Provided, That within the funds provided,
$13,700,000 shall be available to support science research and
development activities; $90,800,000 shall be available to support
exploration research and development activities; $27,300,000 shall be
available to support space operations research and development
activities; and $316,500,000 shall be available for cross agency support
activities: <<NOTE: Contracts. Time period. 42 USC 2459j-1.>> Provided
further, That hereafter, notwithstanding section 315 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2459j), all proceeds from
leases entered into under that section shall be deposited into this
account and shall be available for a period of 5 years, to the extent
provided in annual appropriations Acts: Provided further, That such
proceeds shall be available for obligation for fiscal year 2010 in an
amount not to exceed $6,226,000: Provided further, That <<NOTE: 42 USC
16611b note.>> each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all funds
collected pursuant to section 315 of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2459j).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $36,400,000.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
[[Page 123 STAT. 3145]]
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement by Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2010.
The unexpired balances of the Science, Aeronautics, and Exploration
account, for activities for which funds are provided under this Act, may
be transferred to the new accounts established in this Act that provide
such activity. Balances so transferred shall be merged with the funds in
the newly established accounts, but shall be available under the same
terms, conditions and period of time as previously appropriated.
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,617,920,000, to remain available
until September 30, 2011, of which not to exceed $570,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That <<NOTE: Deadline.>>
from funds specified in the fiscal year 2010 budget request for
icebreaking services, $54,000,000 shall be transferred to the U.S. Coast
Guard ``Operating Expenses'' within 60 days of enactment of this Act:
Provided further, That receipts for scientific support services and
materials furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited to this
appropriation: Provided further, That not less than $147,120,000 shall
be available for activities authorized by section 7002(c)(2)(A)(iv) of
Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $117,290,000, to remain available until expended:
Provided, That none of the funds may be used to reimburse the Judgment
Fund.
[[Page 123 STAT. 3146]]
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109,
authorized travel, and rental of conference rooms in the District of
Columbia, $872,760,000, to remain available until September 30, 2011:
Provided, That not less than $55,000,000 shall be available until
expended for activities authorized by section 7030 of Public Law 110-69:
Provided further, That not less than $32,000,000 shall be available
until expended for the Historically Black Colleges and Universities
Undergraduate Program.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875); services authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $9,200 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $300,000,000: Provided, That contracts may be entered into
under this heading in fiscal year 2010 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
et seq.), $4,540,000: Provided, That not to exceed $2,800 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$14,000,000.
This title may be cited as the ``Science Appropriations Act, 2010''.
[[Page 123 STAT. 3147]]
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,400,000: Provided, That none of the
funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; and not to exceed $30,000,000 for payments to State
and local enforcement agencies for authorized services to the
Commission, $367,303,000: Provided, That the Commission is authorized to
make available for official reception and representation expenses not to
exceed $2,500 from available funds: <<NOTE: Notification.>> Provided
further, That the Commission may take no action to implement any
workforce repositioning, restructuring, or reorganization until such
time as the House and Senate Committees on Appropriations have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair is authorized to accept and use any gift or donation to carry out
the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $81,860,000, to remain available until
expended.
[[Page 123 STAT. 3148]]
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $420,000,000, of
which $394,400,000 is for basic field programs and required independent
audits; $4,200,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants oversight;
$3,400,000 is for client self-help and information technology; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services Corporation
Act, 42 U.S.C. 2996(d): <<NOTE: Applicability.>> Provided further, That
the authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2009 and 2010, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, $3,250,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$47,826,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: <<NOTE: Negotiations.>> Provided
further, That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute monies
collected from antidumping and countervailing
duties: <<NOTE: Negotiations.>> Provided further, That negotiations
shall be conducted within the World Trade Organization consistent with
the negotiating objectives contained in the Trade Act of 2002, Public
Law 107-210.
[[Page 123 STAT. 3149]]
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et seq.) $5,131,000, of which $500,000 shall remain available
until September 30, 2011: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through the reprogramming of funds that--
(1) creates or initiates a new program, project or activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
[[Page 123 STAT. 3150]]
and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for a
different purpose, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program, project
or activity, or numbers of personnel by 10 percent as approved
by Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds in provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2010, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through the
reprogramming of funds after August 1, except in extraordinary
circumstances, and only after the House and Senate Committees on
Appropriations are notified 30 days in advance of such reprogramming of
funds.
Sec. 506. Hereafter, <<NOTE: Religious harassment. 42 USC 2000e-12
note.>> none of the funds made available in this or any other Act may
be used to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 508. The <<NOTE: Deadlines. Reports.>> Departments of
Commerce and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, shall provide to the House and
Senate Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received by such
agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such
[[Page 123 STAT. 3151]]
department or agency: <<NOTE: Transfer authority.>> Provided, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 510. None <<NOTE: Tobacco and tobacco products.>> of the
funds provided by this Act shall be available to promote the sale or
export of tobacco or tobacco products, or to seek the reduction or
removal by any foreign country of restrictions on the marketing of
tobacco or tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the same type.
Sec. 511. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any <<NOTE: Firearms.>> system to implement subsection
922(t) of title 18, United States Code, that does not require
and result in the destruction of any identifying information
submitted by or on behalf of any person who has been determined
not to be prohibited from possessing or receiving a firearm no
more than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or (n)
of section 922 of title 18, United States Code, or State law.
Sec. 512. Notwithstanding <<NOTE: 42 USC 10601 note.>> any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall
not be available for obligation until the following fiscal year.
Sec. 513. None <<NOTE: Discrimination.>> of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. (a) <<NOTE: Firearm traces.>> Tracing studies conducted
by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
[[Page 123 STAT. 3152]]
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 517. (a) <<NOTE: Audits. Reports. Deadlines.>> The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) Within <<NOTE: Deadline. Public information. Web posting.>> 60
days after the date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available in
redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any <<NOTE: Certification.>> person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) The <<NOTE: Effective date. Determination.>> provisions of the
preceding subsections of this section shall take effect 30 days after
the date on which the Director of the Office of Management and Budget,
in consultation with the Director of the Office of Government Ethics,
determines that a uniform set of rules and requirements, substantially
similar to the requirements in such subsections, consistently apply
under the executive branch ethics program to all Federal departments,
agencies, and entities.
[[Page 123 STAT. 3153]]
Sec. 518. None <<NOTE: Human organism.>> of the funds appropriated
or otherwise made available under this Act may be used to issue patents
on claims directed to or encompassing a human organism.
Sec. 519. None <<NOTE: Torture.>> of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 520. (a) <<NOTE: Exports and imports. Firearms. Canada.>>
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The <<NOTE: President. Determination. Federal Register,
publication.>> President may require export licenses under this section
on a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 521. Notwithstanding <<NOTE: Firearms.>> any other provision
of law, no department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
[[Page 123 STAT. 3154]]
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 522. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 523. None <<NOTE: National security letters.>> of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 524. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased by
10 percent, the program manager shall immediately inform the Secretary,
Administrator, or Director. The
Secretary, <<NOTE: Notification. Deadline.>> Administrator, or Director
shall notify the House and Senate Committees on Appropriations within 30
days in writing of such increase, and shall include in such notice: the
date on which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken to control
future cost growth of the project; changes made in the performance or
schedule milestones and the degree to which such changes have
contributed to the increase in total program costs or procurement costs;
new estimates of the total project or procurement costs; and a statement
validating that the project's management structure is adequate to
control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2010 until the enactment of the Intelligence
Authorization Act for fiscal year 2010.
Sec. 526. The <<NOTE: Web posting. 5 USC app. 8L.>> Departments,
agencies, and commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 527. None <<NOTE: Contracts. Grants. Certification.>> of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in
[[Page 123 STAT. 3155]]
an amount greater than $5,000,000 or to award a grant in excess of such
amount unless the prospective contractor or grantee certifies in writing
to the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal Revenue
Code of 1986, and has not, more than 90 days prior to certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the assessment
is the subject of a non-frivolous administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Justice from prior appropriations, the following funds are
hereby rescinded, not later than September 30, 2010, from the following
accounts in the specified amounts--
(1) ``Legal Activities, Assets Forfeiture Fund'',
$387,200,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $50,000,000;
(3) ``Office of Justice Programs'', $54,000,000; and
(4) ``Community Oriented Policing Services'', $40,000,000.
(b) Within <<NOTE: Deadline. Reports.>> 30 days of enactment of
this Act, the Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
specifying the amount of each rescission made pursuant to this section.
(c) The rescissions contained in this section shall not apply to
funds provided in this Act.
Sec. 530. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 531. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than
[[Page 123 STAT. 3156]]
50 employees from a Federal department or agency at any single
conference occurring outside the United States.
Sec. 532. (a) <<NOTE: Detainees. Cuba. President. Classified
information. Deadlines.>> None of the funds made available in this or
any other Act may be used to release an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia,
into any of the United States territories of Guam, American Samoa (AS),
the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of
prosecuting such individual, or detaining such individual during legal
proceedings, until 45 days after the plan described in subsection (d) is
received.
(d) The <<NOTE: Disposition plan.>> President shall submit to
Congress, in classified form, a plan regarding the proposed disposition
of any individual covered by subsection (c) who is detained as of June
24, 2009. Such plan shall include, at a minimum, each of the following
for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A <<NOTE: Notification. Certification.>> copy of a
notification to the Governor of the State to which the
individual will be transferred, to the Mayor of the District of
Columbia if the individual will be transferred to the District
of Columbia, or to any United States territories with a
certification by the Attorney General of the United
[[Page 123 STAT. 3157]]
States in classified form at least 14 days prior to such
transfer (together with supporting documentation and
justification) that the individual poses little or no security
risk to the United States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may be
used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to such
agreement.
(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than parole
for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) In <<NOTE: Definition.>> this section, the term ``freely
associated States'' means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.
(h) Prior <<NOTE: Reports.>> to the termination of detention
operations at Naval Station, Guantanamo Bay, Cuba, the President shall
submit to the Congress a report in classified form describing the
disposition or legal status of each individual detained at the facility
as of the date of enactment of this Act.
Sec. 533. Section 504(a) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1996
(as contained in Public Law 104-134) <<NOTE: 110 Stat. 1321-55.>> is
amended by striking paragraph (13).
Sec. 534. None <<NOTE: ACORN.>> of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 535. (a) <<NOTE: Audits.>> The Comptroller General of the
United States shall conduct a review and audit of Federal funds received
by the Association of Community Organizations for Reform Now (referred
to in this section as ``ACORN'') or any subsidiary or affiliate of ACORN
to determine--
[[Page 123 STAT. 3158]]
(1) whether any Federal funds were misused and, if so, the
total amount of Federal funds involved and how such funds were
misused;
(2) what steps, if any, have been taken to recover any
Federal funds that were misused;
(3) what steps should be taken to prevent the misuse of any
Federal funds; and
(4) whether all necessary steps have been taken to prevent
the misuse of any Federal funds.
(b) Not <<NOTE: Deadline. Reports. Recommenda- tions.>> later than
180 days after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results of the audit
required under subsection (a), along with recommendations for Federal
agency reforms.
Sec. 536. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program'' designation.
Sec. 537. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 538. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from the Department of
Commerce to the jurisdiction of the Executive Office of the President.
Sec. 539. Specific <<NOTE: Earmarks.>> projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-149) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2010''.
[[Page 123 STAT. 3159]]
DIVISION C--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2010. Department of the Treasury Appropriations Act,
2010.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfers of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
$304,888,000, of which not to exceed $21,983,000 is for executive
direction program activities; not to exceed $47,249,000 is for economic
policies and programs activities, including $1,000,000 that shall be
transferred to the National Academy of Sciences for a study by the Board
on Mathematical Sciences and Their Applications on the long-term
economic effects of the aging population in the United States, to remain
available until September 30, 2011, and $1,500,000 that shall be
transferred to the National Academy of Sciences for a carbon audit of
the tax code as authorized in section 117 of the Energy Improvement and
Extension Act of 2008 (Public Law 110-343), to remain available until
September 30, 2011; not to exceed $48,580,000 is for financial policies
and programs activities; not to exceed $64,611,000 is for terrorism and
financial intelligence activities; not to exceed $22,679,000 is for
Treasury-wide management policies and programs activities; and not to
exceed $99,786,000 is for administration programs
activities: <<NOTE: Transfer authority. Notification.>> Provided, That
the Secretary of the Treasury is authorized to transfer funds
appropriated for any program activity of the Departmental Offices to any
other program activity of the Departmental Offices upon notification to
the House and Senate Committees on Appropriations: Provided further,
That no appropriation for any program activity shall be increased or
decreased by more than 4 percent by all such transfers: Provided
further, That <<NOTE: Approval.>> any change in funding greater than 4
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2011, is for information technology
modernization requirements; not to exceed $200,000 is for official
reception and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $6,787,000, to remain available
until September 30, 2011, is for the Treasury-wide Financial Statement
Audit and Internal Control Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act:
Provided
[[Page 123 STAT. 3160]]
further, That of the amount appropriated under this heading, $500,000,
to remain available until September 30, 2011, is for secure space
requirements: Provided further, That of the amount appropriated under
this heading, $3,400,000, to remain available until September 30, 2012,
is to develop and implement programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including entering into
cooperative agreements: Provided further, That of the amount
appropriated under this heading, $3,000,000, to remain available until
September 30, 2012, is for modernizing the Office of Debt Management's
information technology.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$9,544,000, to remain available until September 30, 2012: Provided, That
$4,544,000 is for repairs to the Treasury Annex Building: Provided
further, That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or supplement
``Internal Revenue Service, Operations Support'' or ``Internal Revenue
Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, not to
exceed $2,000,000 for official travel expenses, including hire of
passenger motor vehicles; and not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Inspector General of the Treasury, $29,700,000, of
which not to exceed $2,500 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $152,000,000, of which
not to exceed $6,000,000 shall be available for official travel
expenses; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to
[[Page 123 STAT. 3161]]
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $23,300,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses, including for course development, of non-Federal and foreign
government personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law enforcement,
and financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $111,010,000, of
which not to exceed $26,085,000 shall remain available until September
30, 2012; and of which $9,316,000 shall remain available until September
30, 2011: Provided, That funds appropriated in this account may be used
to procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$90,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$244,132,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2012, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$103,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount
[[Page 123 STAT. 3162]]
appropriated under this heading, $3,000,000, to remain available until
September 30, 2011, shall be for the hiring, training, and equipping of
special agents and related support personnel.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2010 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $26,700,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $192,244,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2012, for systems modernization: Provided, That the sum appropriated
herein from the general fund for fiscal year 2010 shall be reduced by
not more than $10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2010 appropriation from the general
fund estimated at $182,244,000. In addition, $90,000 to be derived from
the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
(including transfer of funds)
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, notwithstanding
sections 4707(d) and 4707(e) of title 12, United States Code,
$166,750,000, to remain available until September 30, 2011; of which
$12,000,000 shall be for financial assistance, technical assistance,
training and outreach programs, designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided primarily
through qualified community development lender organizations with
experience and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers; of which $1,000,000 shall be
available for the pilot project grant program under section 1132(d) of
division A of the Housing and Economic Recovery Act of 2008 (Public Law
[[Page 123 STAT. 3163]]
110-289); of which $3,150,000 shall be for an additional pilot project
grant to an eligible organization located in the State of Hawaii for
financial education and pre-home ownership counseling as authorized in
section 1132(d) of division A of the Housing and Economic Recovery Act
of 2008 (Public Law 110-289), and of which up to $18,000,000 may be used
for administrative expenses, including administration of the New Markets
Tax Credit.
For an additional amount to be transferred to the ``Capital Magnet
Fund'', as authorized by section 1339 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301 et seq.), as
amended by section 1131 of the Housing and Economic Recovery Act of 2008
(Public Law 110-289), to support financing for affordable housing and
economic development projects, $80,000,000, to remain available until
September 30, 2011: <<NOTE: Applicability.>> Provided, That, for fiscal
year 2010, section 1339(h)(3) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992, as amended by section 1131
of the Housing and Economic Recovery Act of 2008 (Public Law 110-289),
shall be applied by substituting the term ``at least 10 times the grant
amount or such other amount that the Secretary may require'' for ``at
least 10 times the grant amount''.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,278,830,000, of which not less than $6,100,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$10,000,000 shall be available for low-income taxpayer clinic grants, of
which not less than $12,000,000, to remain available until September 30,
2011, shall be available for a Community Volunteer Income Tax Assistance
matching grants demonstration program for tax return preparation
assistance, and of which not less than $205,954,000 shall be available
for operating expenses of the Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase (for police-type use, not to
exceed 850) and hire passenger motor vehicles (31 U.S.C. 1343(b)), and
to provide other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner, $4,904,000,000, of which not
less than $59,206,000 shall be for the Interagency Crime and Drug
Enforcement program; and of which not to exceed $126,500 shall be for
official reception and representation expenses associated with hosting
the Leeds Castle Meeting in the United States during 2010: Provided,
That up to $10,000,000 may be transferred as necessary from this account
[[Page 123 STAT. 3164]]
to ``Operations Support'' solely for the purposes of the Interagency
Crime and Drug Enforcement program: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act. In addition to amounts made available above, $600,000,000
shall be made available for enhanced tax enforcement activities.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,083,884,000, of which up to $75,000,000 shall remain
available until September 30, 2011, for information technology support;
of which not to exceed $1,000,000 shall remain available until September
30, 2012, for research; of which not less than $2,000,000 shall be for
the Internal Revenue Service Oversight Board; of which not to exceed
$25,000 shall be for official reception and representation; and of which
$290,000,000 shall be made available to support enhanced tax enforcement
activities: Provided, That of the amounts provided under this heading,
such sums as are necessary shall be available to fully support tax
enforcement and enhanced tax enforcement activities.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $263,897,000, to remain available until
September 30, 2012, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Expenditure plan.>> Provided, That, with the
exception of labor costs, none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise architecture,
including the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is approved by
the Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
[[Page 123 STAT. 3165]]
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,512,000.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103. The <<NOTE: Confidentiality.>> Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 105. Of the funds made available by this Act to the Internal
Revenue Service, not less than $7,100,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $890,000,000 shall be available for enhanced tax law
enforcement.
Sec. 106. None <<NOTE: Contracts.>> of the funds made available in
this Act may be used to enter into, renew, extend, administer,
implement, enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue Code of
1986).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 107. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
[[Page 123 STAT. 3166]]
Sec. 108. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 109. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 110. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 111. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 112. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 113. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``11 years'' and inserting ``12
years''.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing and Urban Affairs.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate Committee
on Appropriations.
Sec. 116. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during
[[Page 123 STAT. 3167]]
fiscal year 2010 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2010.
Sec. 117. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2010''.
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2010.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,143,000,
of which not less than $1,400,000 shall be for the Office of National
AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,838,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law,
[[Page 123 STAT. 3168]]
such amount for reimbursable operating expenses shall be the exclusive
authority of the Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a reimbursable
political event to pay in advance an amount equal to the estimated cost
of the event, and all such advance payments shall be credited to this
account and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: <<NOTE: Notice. Deadlines.>> Provided further, That the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further,
That <<NOTE: Penalties. Deadline.>> the Executive Residence shall
charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt on
a United States Government claim under 31 U.S.C. 3717: Provided further,
That each such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as miscellaneous
receipts: <<NOTE: Deadline. Reports.>> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: Provided further, That <<NOTE: Records.>> the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $2,500,000, to remain available until
expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,200,000.
[[Page 123 STAT. 3169]]
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $12,231,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $115,280,000, of which $16,768,000 shall
remain available until expended for continued modernization of the
information technology infrastructure within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $92,863,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: <<NOTE: Deadline. Policy reviews.>> Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further,
That <<NOTE: Notification.>> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is
initiated: <<NOTE: Reports. Deadline.>> Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after the end of
the Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act accordingly.
[[Page 123 STAT. 3170]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $29,575,000;
of which $1,300,000 shall remain available until expended for policy
research and evaluation: <<NOTE: 21 USC 1702 note.>> Provided, That the
Office is authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center (CTAC) for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$5,000,000, which shall remain available until expended for
counternarcotics research and development projects: Provided, That such
amount shall be available for transfer to other Federal departments or
agencies: <<NOTE: Reports.>> Provided further, That the Office of
National Drug Control Policy shall submit for approval by the Committees
on Appropriations of the House of Representatives and the Senate, a
mission statement for CTAC, a detailed explanation of the CTAC program,
and a detailed spending plan for the use of these funds, prior to
obligation of any funds provided in this paragraph: Provided further,
That the report required by the preceding proviso shall be in lieu of
inclusion of CTAC in the financial plan required by section 202.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary <<NOTE: Deadline.>> expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $239,000,000, to remain available until September 30, 2011, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
which not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy (``the Director''), of which up to $2,700,000 may be used
for auditing services and associated activities (including up to
$500,000 to ensure the continued operation and maintenance of the
Performance Management
[[Page 123 STAT. 3171]]
System): Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal year
2008 may be used for any other approved activities of that High
Intensity Drug Trafficking Area, subject to reprogramming
requirements: <<NOTE: Funding justification.>> Provided further, That
each High Intensity Drug Trafficking Area designated as of September 30,
2009, shall be funded at not less than the fiscal year 2009 base level,
unless the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further,
That <<NOTE: Notifications. Deadlines.>> the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal year
2010 funding among HIDTAs not later than 45 days after enactment of this
Act, and shall notify the Committees of planned uses of discretionary
HIDTA funding, as determined in consultation with the HIDTA Directors,
not later than 90 days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $154,400,000, to remain available until expended, which shall
be available as follows: $45,000,000 to support a national media
campaign; $95,000,000 for the Drug-Free Communities Program, of which
$2,000,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,000,000 for the National Drug Court Institute; $10,000,000 for the
United States Anti-Doping Agency for anti-doping activities; $1,900,000
for the United States membership dues to the World Anti-Doping Agency;
$1,250,000 for the National Alliance for Model State Drug Laws; and
$250,000 for evaluations and research related to National Drug Control
Program performance measures, which may be transferred to other Federal
departments and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2011.
Partnership Fund for Program Integrity Innovation
(including transfer of funds)
For the Partnership Fund for Program Integrity Innovation,
$37,500,000, to remain available until September 30, 2012, which may be
used for grants, contracts, cooperative agreements, and administrative
costs of carrying out Partnership Fund for Program Integrity Innovation
pilot projects: Provided, That these funds shall be transferred by the
Director of the Office of Management and Budget to appropriate agencies
to carry out pilot projects and to
[[Page 123 STAT. 3172]]
conduct or provide for evaluation of such projects: Provided further,
That such transfers shall be contingent upon the Director of the Office
of Management and Budget determining, in consultation with an
interagency council consisting of representatives of appropriate Federal
agencies, States, and other stakeholders, that the pilot projects
address Federal programs that have a substantial State role in
eligibility determination or administration or where Federal-State
cooperation could otherwise be beneficial; in aggregate, save at least
as much money as they cost; demonstrate the potential to streamline
administration or strengthen program integrity; and do not achieve
savings primarily by reducing the participation of eligible
beneficiaries: <<NOTE: Reports. Deadlines.>> Provided further, That the
interagency council required by the previous proviso shall submit a
progress report to the Committees on Appropriations of the House of
Representatives and the Senate not later than March 31, 2010 and
semiannually thereafter until the program is completed, including
detailed information on goals, objectives, performance measures, and
evaluations of the program in general and of each specific pilot
undertaken.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,604,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $330,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From <<NOTE: Notification.>> funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management
[[Page 123 STAT. 3173]]
and Budget (or such other officer as the President may designate in
writing), may, 15 days after giving notice to the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. The <<NOTE: Deadline. Financial plan.>> Director of the
Office of National Drug Control Policy shall submit to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act, and prior to the
initial obligation of more than 20 percent of the funds appropriated in
any account (except ``Counterdrug Technology Assessment Center'') under
the heading ``Office of National Drug Control Policy'', a detailed
narrative and financial plan on the proposed uses of all funds under the
account by program, project, and
activity: <<NOTE: Reports. Deadlines.>> Provided, That the reports
required by this section shall be updated and submitted to the
Committees on Appropriations every 6 months and shall include
information detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new projects
and changes in funding of ongoing projects shall be subject to the prior
approval of the Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2010''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2010.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $74,034,000,
of which $2,000,000 shall remain available until expended.
[[Page 123 STAT. 3174]]
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $14,525,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $32,560,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $21,350,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $5,011,018,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,428,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
in cases in which a defendant is charged with a crime that may be
punishable by death; the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services under 18
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases
in which a defendant is charged with a crime that may be punishable by
death; the compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed to
[[Page 123 STAT. 3175]]
assist the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States has a
treaty for the execution of penal sentences; the compensation and
reimbursement of expenses of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as authorized by
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; and for necessary training and
general administrative expenses, $977,748,000, to remain available until
expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $61,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$452,607,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $83,075,000, of which not to
[[Page 123 STAT. 3176]]
exceed $8,500 is authorized for official reception and representation
expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $27,328,000; of which $1,800,000 shall remain
available through September 30, 2011, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $71,874,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $6,500,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $4,000,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,837,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall
[[Page 123 STAT. 3177]]
not exceed $11,000 and shall be administered by the Director of the
Administrative Office of the United States Courts in the capacity as
Secretary of the Judicial Conference.
Sec. 304. Within <<NOTE: Deadline. Financial plan.>> 90 days after
the date of the enactment of this Act, the Administrative Office of the
U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the Judiciary
Information Technology Fund, which will establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year.
Sec. 305. Section <<NOTE: Applicability.>> 3314(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <<NOTE: Reimbursements.>> For building-specific security
services at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States Marshals
Service rather than the Department of Homeland Security.
Sec. 307. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``18 years'' and inserting ``19 years'';
(2) in the sixth sentence (relating to the Northern District
of Ohio), by striking ``18 years'' and inserting ``19 years'';
and
(3) in the seventh sentence (relating to the District of
Hawaii), by striking ``15 years'' and inserting ``16 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2010''.
TITLE IV <<NOTE: District of Columbia Appropriations Act of 2010.>>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$35,100,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors
[[Page 123 STAT. 3178]]
as may be authorized: <<NOTE: Accounts.>> Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That <<NOTE: Deadline. Reports.>> the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia, including support
requested by the Director of the United States Secret Service Division
in carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to respond
to immediate and specific terrorist threats or attacks in the District
of Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$261,180,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,022,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $108,524,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $65,114,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $75,520,000, to
remain available until September 30, 2011, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, That funds made available for capital improvements
shall be expended consistent with the General Services Administration
(GSA) master plan study and building evaluation
report: <<NOTE: Contracts. Deadlines. Reports.>> Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the GSA, and such services shall include the preparation of monthly
financial reports, copies of which shall be submitted directly by GSA to
the President and to the Committees on Appropriations of the House of
Representatives and the
[[Page 123 STAT. 3179]]
Senate, the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate: <<NOTE: Deadline. Notification.>> Provided
further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than $1,000,000 of
the funds provided under this heading among the items and entities
funded under this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments for
counsel authorized under section 21-2060, D.C. Official Code (relating
to representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$55,000,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint Committee
on Judicial Administration in the District of
Columbia: <<NOTE: Contracts. Deadlines. Reports.>> Provided further,
That notwithstanding any other provision of law, this appropriation
shall be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$212,408,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $153,856,000 shall be for necessary expenses of Community
Supervision and
[[Page 123 STAT. 3180]]
Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons; of which $58,552,000 shall be
available to the Pretrial Services Agency: <<NOTE: Deadline.>>
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That not less than $2,000,000 shall be available for
re-entrant housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and
defendant programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That <<NOTE: Records. Public information.>> the Director shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under the previous proviso, and shall make such records
available for audit and public inspection: Provided further, That the
Court Services and Offender Supervision Agency Director is authorized to
accept and use reimbursement from the District of Columbia Government
for space and services provided on a cost reimbursable basis.
federal payment to the public defender service for the district of
columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $37,316,000: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $20,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2011,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $205,000.
[[Page 123 STAT. 3181]]
federal payment to the office of the chief financial officer for the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
for the District of Columbia, $1,850,000, in the amounts and for the
projects specified in the table that appears under the heading ``Federal
Payment to the Office of the Chief Financial Officer for the District of
Columbia'' in the statement of managers to accompany this
Act: <<NOTE: Deadlines. Budget. Reports.>> Provided, That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer for the District of Columbia (CFO), not
later than 60 days after enactment of this Act, a detailed budget and
comprehensive description of the activities to be carried out with such
funds, and the CFO shall submit a comprehensive report to the Committees
on Appropriations of the House of Representatives and the Senate not
later than June 1, 2010.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $75,400,000, to be allocated as follows: for the
District of Columbia Public Schools, $42,200,000 to improve public
school education in the District of Columbia; for the State Education
Office, $20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $13,200,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with title III of division C of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain
available until expended, of which up to $1,000,000 may be used to
administer and fund assessments, and of which up to $1,000,000 may be
used to administer testing of students to determine and compare academic
performance of the schools enrolling students participating in the
opportunity scholarship program: Provided, That notwithstanding the
second proviso under this heading in Public Law 111-8, funds provided
herein may only be used to provide opportunity scholarships to students
who received scholarships in the 2009-2010 school year: Provided
further, That funds available under this heading for opportunity
scholarships, including from prior-year appropriations Acts, may be made
available only for scholarships to students who received scholarships in
the 2009-2010 school year: Provided further, That none of the funds
provided in this Act or any other Act for opportunity scholarships may
be used by an eligible student to enroll in a participating school under
the DC School Choice Incentive Act of 2003 unless (1) the participating
school has and maintains a valid certificate of occupancy issued by the
District of Columbia; (2) the core subject matter teachers of the
eligible student hold 4-year bachelor's degrees; and (3) the
participating school is in compliance with the accreditation and other
standards prescribed under the District of Columbia compulsory school
attendance laws that apply to educational institutions not affiliated
with the District of Columbia Public
Schools: <<NOTE: Reports. Deadline.>> Provided further, That the
Secretary of Education shall submit a report to Congress not later than
June 15, 2010 detailing the academic rigor and quality of each
participating school and that for the purposes of submitting the report
the Secretary shall administer to eligible students participating in the
program the same tests of academic performance
[[Page 123 STAT. 3182]]
as those administered to students enrolled in the District of Columbia
Public Schools in the 2009-2010 school year and the Secretary shall
utilize the performance of scholarship recipients on that test as well
as other metrics of academic quality considered appropriate by the
Secretary to evaluate the academic rigor and quality of participating
schools and include in this report comparative data on District of
Columbia Public Schools and Public Charter Schools: Provided further,
That <<NOTE: Inspections. Deadline.>> the Secretary of Education shall
ensure that site inspections of participating schools are conducted at
least twice annually.
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $15,000,000, to
remain available until September 30, 2011, for costs associated with the
construction of a consolidated bioterrorism and forensics laboratory:
Provided, That the District of Columbia provides a 100 percent match for
this payment.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the District of
Columbia National Guard retention and college access programs, which
shall hereafter be known as the ``Major General David F. Wherley, Jr.
District of Columbia National Guard Retention and College Access
Program''.
federal payment for housing for the homeless
For a Federal payment to the District of Columbia, $17,000,000, to
remain available until September 30, 2011, to support permanent
supportive housing programs in the District.
federal payment for youth services
For a Federal payment to the District of Columbia, $4,000,000, to
remain available until September 30, 2011, to support the ``Reconnecting
Disconnected Youth'' initiative.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home Rule Act, (114
Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of the
Fiscal Year 2010 Budget Request Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia for fiscal
year 2010 under this heading shall not exceed the lesser of the sum of
the total revenues of the District of Columbia for such fiscal year or
$10,016,041,000 (of which $5,637,824,000 shall be from local funds,
(including $394,417,000 from dedicated taxes) $2,661,782,000 shall be
from Federal grant funds, $1,711,249,000 shall be from other funds, and
$5,187,000 shall be from private funds); in addition, $185,725,000 from
funds previously appropriated in this Act as
[[Page 123 STAT. 3183]]
Federal payments, which does not include funds appropriated under the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5):
Provided further, That of the local funds, such amounts as may be
necessary may be derived from the District's General Fund balance:
Provided further, That of these funds the District's intradistrict
authority shall be $791,096,000: in addition for capital construction
projects, an increase of $3,249,642,000, of which $2,685,760,000 shall
be from local funds, $54,893,000 from the District of Columbia Highway
Trust fund, $186,805,000 from the Local Street Maintenance fund,
$322,184,000 from Federal grant funds, and a rescission of
$1,834,494,000 from local funds and a rescission of $91,327,000 from
Local Street Maintenance funds appropriated under this heading in prior
fiscal years for a net amount of $1,323,821,000, to remain available
until expended: Provided further, That the amounts provided under this
heading are to be available, allocated and expended as proposed under
Title III of the Fiscal Year 2010 Budget Request Act at the rate set
forth under ``District of Columbia Funds Division of Expenses'' of the
Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the
Congress of the United States by the District of Columbia on September
28, 2009: Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and shall
comply with all reserve requirements contained in the District of
Columbia Home Rule Act (87 Stat. 777; D.C. Official Code sec. 1-201.01
et seq.): Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2010, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2010''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, to remain
available until September 30, 2011, of which not to exceed $1,000 is for
official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $750,000, to remain
available until expended.
[[Page 123 STAT. 3184]]
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $2,000 for
official reception and representation expenses, $118,200,000, of which
$2,000,000 shall remain available for obligation until September 30,
2011, to implement the Virginia Graeme Baker Pool and Spa Safety Act
grant program as provided by section 1405 of Public Law 110-140 (15
U.S.C. 8004).
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $17,959,000, of which $3,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002: Provided, That $750,000 shall be for the Help America Vote College
Program as authorized by the Help America Vote Act of 2002: Provided
further, That $300,000 shall be for a competitive grant program to
support community involvement in student and parent mock elections.
election reform programs
For necessary expenses relating to election reform programs,
$75,000,000, to remain available until expended, of which $70,000,000
shall be for requirements payments under part 1 of subtitle D of title
II of the Help America Vote Act of 2002 (Public Law 107-252), $3,000,000
shall be for grants to carry out research on voting technology
improvements as authorized under part 3 of subtitle D of title II of
such Act, and $2,000,000, shall be to conduct a pilot program for grants
to States and units of local government for pre-election logic and
accuracy testing and post-election voting systems verification.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $335,794,000: Provided, That $335,794,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses in this
[[Page 123 STAT. 3185]]
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2010 so as to
result in a final fiscal year 2010 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$335,794,000 in fiscal year 2010 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2009, shall not be
available for obligation: Provided further, That notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation shall not
exceed $85,000,000 for fiscal year 2010: <<NOTE: Examination.>>
Provided further, That the Inspector General of the Federal
Communications Commission shall examine whether, and to what extent, the
National Exchange Carrier Association, Inc. is acting in compliance with
the Communications Act of 1934, as amended, and the regulations
promulgated thereunder, and whether, and to what extent, the FCC has
delegated authority to National Exchange Carrier Association, Inc.
consistent with the Communications Act of 1934, as
amended: <<NOTE: Reports. Deadline.>> Provided further, That the
Federal Communications Commission Inspector General shall submit a
report to Congress not later than July 1, 2010, setting forth the
conclusions of such examination.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by
striking ``December 31, 2009'', each place it appears and inserting
``December 31, 2010''.
Sec. 502. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,942,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $66,500,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
[[Page 123 STAT. 3186]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $24,773,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $291,700,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $102,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $21,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2010, so as to result in a final fiscal year
2010 appropriation from the general fund estimated at not more than
$168,700,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
[[Page 123 STAT. 3187]]
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $537,900,000. Amounts in the Fund, including revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$8,543,585,000, of which: (1) $894,037,000 shall remain available until
expended for construction and acquisition (including funds for sites and
expenses and associated design and construction services) of additional
projects at the following locations:
New Construction:
Alabama:
Mobile, United States Courthouse, $50,000,000.
California:
Calexico, Calexico West, Land Port of Entry,
$9,437,000.
Colorado:
Lakewood, Denver Federal Center Remediation,
$9,962,000.
District of Columbia:
Columbia Plaza, $100,000,000.
Southeast Federal Center Remediation, $15,000,000.
Florida:
Miami, Federal Bureau of Investigation Field Office
Consolidation, $190,675,000.
Georgia:
Savannah, United States Courthouse, $7,900,000.
Maine:
Madawaska, Land Port of Entry, $50,127,000.
Maryland:
White Oak, Food and Drug Administration
Consolidation, $137,871,000.
Greenbelt, United States Courthouse, $10,000,000.
[[Page 123 STAT. 3188]]
Pennsylvania:
Lancaster, United States Courthouse, $6,500,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$91,565,000.
San Antonio, United States Courthouse, $4,000,000.
Utah:
Salt Lake City, United States Courthouse,
$211,000,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: <<NOTE: Expiration date.>> Provided further, That all funds for
direct construction projects shall expire on September 30, 2011 and
remain in the Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date: <<NOTE: Project plan. 40 USC 301 note.>>
Provided further, That for fiscal year 2011 and thereafter, the annual
budget submission to Congress for the General Services Administration
shall include a detailed 5-year plan for Federal building construction
projects with a yearly update of total projected future funding
needs: <<NOTE: Project plan.>> Provided further, That for fiscal year
2011 and thereafter, the annual budget submission to Congress for the
General Services Administration shall, in consultation with U.S. Customs
and Border Protection, include a detailed 5-year plan for Federal land
port-of-entry projects with a yearly update of total projected future
funding needs; (2) $413,776,000 shall remain available until expended
for repairs and alterations, which includes associated design and
construction services:
Repairs and Alterations:
District of Columbia:
East Wing Infrastructure Systems Replacement,
$84,500,000.
Eisenhower Executive Office Building Roof
Replacement, $15,000,000.
New Executive Office Building, $30,276,000.
Special Emphasis Programs:
Fire and Life Safety Program, $20,000,000.
Energy and Water Retrofit and Conservation Measures,
$2,000,000.
Federal High-Performance Green Buildings,
$2,000,000.
Basic Repairs and Alterations, $260,000,000:
Provided further, That <<NOTE: Advanced approval.>> funds made
available in this or any previous Act in the Federal Buildings Fund for
Repairs and Alterations shall, for prospectus projects, be limited to
the amount identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: <<NOTE: Advanced approval.>>
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security
[[Page 123 STAT. 3189]]
improvements to buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior Act,
under the heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized increases in
prospectus projects: <<NOTE: Expiration date.>> Provided further, That
all funds for repairs and alterations prospectus projects shall expire
on September 30, 2011 and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $140,525,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$4,804,871,000 for rental of space which shall remain available until
expended; and (5) $2,290,376,000 for building operations which shall
remain available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition project
for which a prospectus, if required by the Public Buildings Act of 1959,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2010, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of
the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $59,665,000.
[[Page 123 STAT. 3190]]
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to
exceed $7,500 for official reception and representation expenses;
$72,881,000, of which $1,000,000 shall be for a payment to the Oklahoma
City National Memorial Foundation as authorized by 16 U.S.C. 450ss-5.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $59,000,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$34,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purpose of
the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: <<NOTE: Time period. Spending plan.>> Provided further, That such
transfers may not be made until 10 days after a proposed spending plan
and explanation for each project to be undertaken has been submitted to
the Committees on Appropriations of the House of Representatives and the
Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,756,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services, including
services authorized by 5 U.S.C. 3109, $36,515,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be available for
necessary expenses of Federal Citizen Services activities in the
aggregate amount not to exceed $61,000,000. Appropriations, revenues,
and collections accruing to this Fund during fiscal year 2010 in excess
of such amount shall
[[Page 123 STAT. 3191]]
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2010 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: <<NOTE: Advanced approval.>> Provided, That any
proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2011
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 515. In <<NOTE: Contracts. Explanatory statement.>> any case
in which the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of the General
Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
[[Page 123 STAT. 3192]]
Sec. 516. In furtherance of the emergency management policy set
forth in the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, the Administrator of the General Services Administration may
provide for the use of the Federal supply schedules of the General
Services Administration by relief and disaster assistance organizations
as described in section 309 of that Act. Purchases under this authority
shall be limited to use in preparation for, response to, and recovery
from hazards as defined in section 602 of that Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $660,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $40,339,000 together with not to exceed
$2,579,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $2,500,000, to remain available until expended, of
which up to $50,000 shall be used to conduct financial audits pursuant
to the Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
up to 60 percent of such funds may be transferred by the Morris K. Udall
and Stewart L. Udall Foundation for the necessary expenses of the Native
Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and
[[Page 123 STAT. 3193]]
Conflict Resolution Act of 1998, $3,800,000, to remain available until
expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of passenger
motor vehicles, and for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
cleaning, $339,770,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,100,000.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $85,500,000, of which $61,757,000 shall remain available
until September 30, 2012: <<NOTE: Expenditure plan.>> Provided, That
none of the multi-year funds may be obligated until the National
Archives and Records Administration submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the National Archives and
Records Administration's enterprise architecture; (3) conforms with the
National Archives and Records Administration's enterprise life cycle
methodology; (4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5) has been
reviewed by the Government Accountability Office; and (6) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $27,500,000, to remain
available until expended.
[[Page 123 STAT. 3194]]
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $13,000,000,
to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2010, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2010 shall not exceed
$1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,250,000 shall be
available until September 30, 2011 for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $14,000,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee
[[Page 123 STAT. 3195]]
to remain overnight at his or her post of duty, $102,970,000, of which
$5,908,000 shall remain available until September 30, 2011 for the
Enterprise Human Resources Integration project; $1,364,000 shall remain
available until September 30, 2011 for the Human Resources Line of
Business project; and in addition $112,738,000 for administrative
expenses, to be transferred from the appropriate trust funds of the
Office of Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the retirement
and insurance programs, of which not more than $9,300,000 shall remain
available until September 30, 2011 for the cost of implementing the new
integrated financial system and not more than $4,000,000 shall remain
available until September 30, 2011 for automating the retirement
recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2010, accept donations of
money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That within the funds
provided, the Office of Personnel Management shall carry out the
Intergovernmental Personnel Act Mobility Program, with special attention
to Federal agencies employing more than 2,000 nurses: Provided further,
That funding may be allocated to develop guidelines that provide Federal
agencies direction in using their authority under the Intergovernmental
Personnel Act Mobility Program, according to the directives outlined in
the joint explanatory statement.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $3,148,000, and in addition, not to exceed $21,215,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
[[Page 123 STAT. 3196]]
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: <<NOTE: 33 USC 776.>> Provided, That annuities authorized by
the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103-353), including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $18,495,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $14,333,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence
[[Page 123 STAT. 3197]]
Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note),
$1,500,000, to remain available until September 30, 2011.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,111,000,000, to remain available until
expended; of which not less than $4,400,000 shall be for the Office of
Inspector General; of which not to exceed $20,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities matters,
development and implementation of cooperation agreements concerning
securities matters and provision of technical assistance for the
development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (1) such incidental expenses as
meals taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other related
lodging or subsistence: Provided, That fees and charges authorized by
sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$1,094,915,800 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further, That
$16,084,200 shall be derived from prior year unobligated balances from
funds previously appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under this heading
from the general fund for fiscal year 2010 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2010 appropriation from the general fund estimated at not more than
$0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 <<NOTE: President. Exemption authority.>> for
official reception and representation expenses; $24,275,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever the
President
[[Page 123 STAT. 3198]]
deems such action to be necessary in the interest of national defense:
Provided further, That <<NOTE: Military induction.>> none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $433,438,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That $113,000,000 shall be
available to fund grants for performance in fiscal year 2010 or fiscal
year 2011 as authorized by section 21 of the Small Business Act, of
which $1,000,000 shall be for the Veterans Assistance and Services
Program authorized by section 21(n) of the Small Business Act, as added
by section 107 of Public Law 110-186, and of which $1,000,000 shall be
for the Small Business Energy Efficiency Program authorized by section
1203(c) of Public Law 110-140: Provided further, That $22,000,000 shall
remain available until September 30, 2011 for marketing, management, and
technical assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That during fiscal year 2010, the
applicable percentage under section 7(m)(4)(A) of the Small Business Act
shall be 50 percent: Provided further, That $11,690,500 shall be
available for the Loan Modernization and Accounting System, to be
available until September 30, 2011: Provided further, That $2,000,000
shall be for the Federal and State Technology Partnership Program under
section 34 of the Small Business Act (15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$16,300,000.
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$1,000,000, to remain available until expended.
[[Page 123 STAT. 3199]]
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,000,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act, $80,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2010 commitments to
guarantee loans under section 503 of the Small Business Investment Act
of 1958 shall not exceed $7,500,000,000: Provided further, That during
fiscal year 2010 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed $17,500,000,000:
Provided further, That during fiscal year 2010 commitments to guarantee
loans for debentures under section 303(b) of the Small Business
Investment Act of 1958, shall not exceed $3,000,000,000: Provided
further, That during fiscal year 2010, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $12,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
$153,000,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For the cost of guaranteed loans, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, $1,690,000, to remain available until expended, of which $352,357
is for loan guarantees as authorized by section 42 of the Small Business
Act, and $1,337,643 is for loan guarantees as authorized by section
12085 of Public Law 110-246.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b) of the Small Business Act and
the guaranteed loan programs authorized by section 42 of the Small
Business Act and section 12085 of Public Law 110-246, $76,588,200, to be
available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $65,278,200 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses, and of which $1,310,000 is for administrative expenses to
carry out the guaranteed loan programs, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
[[Page 123 STAT. 3200]]
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 521. All <<NOTE: Disaster assistance. Alaska. North Dakota.>>
disaster loans issued in Alaska or North Dakota shall be administered by
the Small Business Administration and shall not be sold during fiscal
year 2010.
Sec. 522. Funds made available under section 525 of Public Law 111-
8 for the Jackie Joyner-Kersee Center shall be made available to the
Illinois Institute of Independent Colleges and Universities.
Sec. 523. For an additional amount under the heading ``Small
Business Administration--Salaries and Expenses'', $59,000,000, to remain
available until September 30, 2011, which shall be for initiatives
related to small business development and entrepreneurship, including
programmatic and construction activities, in the amounts and for the
projects specified in the table that appears under the heading
``Administrative Provisions--Small Business Administration'' in the
statement of managers to accompany this Act.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $118,328,000, of which $89,328,000
shall not be available for obligation until October 1,
2010: <<NOTE: Overseas voting. Blind persons.>> Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none of
the funds made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices in fiscal year 2010.
[[Page 123 STAT. 3201]]
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$244,397,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $49,241,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity
[[Page 123 STAT. 3202]]
that has been convicted of violating the Buy American Act (41 U.S.C.
10a-10c).
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2010, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the Senate for
a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations
of the House of Representatives and the
Senate: <<NOTE: Deadline. Reports.>> Provided further, That not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That <<NOTE: Reports.>> the
report shall include: (1) a table for each appropriation with a separate
column to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity as
detailed in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: <<NOTE: Fines.>> Provided further, That the amount
appropriated or limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2010 from appropriations made available for salaries and
expenses for fiscal year 2010 in this Act, shall remain available
through September 30, 2011, for each such account for the purposes
authorized: <<NOTE: Expenditure request.>> Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
[[Page 123 STAT. 3203]]
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No <<NOTE: Abortion.>> funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The <<NOTE: Abortion.>> provision of section 613 shall
not apply where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act of rape
or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
in an aggregate amount not exceeding the amount of funds collected by
the Board as of December 31, 2009, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2010 shall remain available until expended.
[[Page 123 STAT. 3204]]
Sec. 618. From <<NOTE: Rescission.>> the unobligated balances of
prior year appropriations made available for the Privacy and Civil
Liberties Oversight Board, $1,500,000 are rescinded.
Sec. 619. During <<NOTE: Definition. Cuba.>> fiscal year 2010, for
purposes of section 908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term ``payment of
cash in advance'' shall be interpreted as payment before the transfer of
title to, and control of, the exported items to the Cuban purchaser.
Sec. 620. (a) Section 101(a)(1) of the Federal and District of
Columbia Government Real Property Act of 2006 (Public Law 109-396; 120
Stat. 2711) <<NOTE: 40 USC 101 note.>> is amended to read as follows:
``(1) In general.--
``(A) U.S. reservation 13.--On the <<NOTE: Effective
date.>> date on which the District of Columbia conveys
to the Administrator of General Services all right,
title, and interest of the District of Columbia in the
property described in subsection (c), the Administrator
shall convey to the District of Columbia all right,
title, and interest of the United States in U.S.
Reservation 13, subject to the conditions described in
subsection (b).
``(B) Old naval hospital.--Not
later <<NOTE: Deadline.>> than 60 days after the date
of the enactment of the Financial Services and General
Government Appropriations Act, 2010, the Administrator
shall convey to the District of Columbia all right,
title, and interest of the United States in Old Naval
Hospital.''.
(b) The <<NOTE: Effective date.>> amendment made by subsection (a)
shall take effect as if included in the enactment of the Federal and
District of Columbia Government Real Property Act of 2006.
Sec. 621. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act may be used for the
interagency funding and sponsorship of a joint advisory committee to
advise on emerging regulatory issues.
Sec. 622. Specific <<NOTE: Earmarks.>> projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-202) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2010 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the
[[Page 123 STAT. 3205]]
officers and employees of such department, agency, or instrumentality.
Sec. 702. Unless <<NOTE: 31 USC 1343 note.>> otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and undercover
surveillance vehicles), is hereby fixed at $13,197 except station wagons
for which the maximum shall be $13,631: Provided, That these limits may
be exceeded by not to exceed $3,700 for police-type vehicles, and by not
to exceed $4,000 for special heavy-duty vehicles: Provided further, That
the limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <<NOTE: 5 USC 3101 note.>> otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: <<NOTE: Affidavit.>>
Provided, That for purposes of this section, affidavits signed by any
such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status are being
complied with: <<NOTE: Penalties.>> Provided further, That any person
making a false affidavit shall be guilty of a felony, and upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided further,
That this section shall not apply to any person who is an officer or
employee of the Government of the United States on the date of enactment
of this Act, or to international broadcasters employed by the
Broadcasting Board of Governors, or to temporary employment of
translators, or to temporary employment in the field service (not to
exceed 60 days) as a result of emergencies: Provided further, That this
section does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed
[[Page 123 STAT. 3206]]
by the Department of the Interior or the USDA Forest Service pursuant to
an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds <<NOTE: Applicability.>> made available by this or
any other Act for administrative expenses in the current fiscal year of
the corporations and agencies subject to chapter 91 of title 31, United
States Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by which
they are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative expenses shall
be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2010, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
[[Page 123 STAT. 3207]]
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2010, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2010, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2010 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2010 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For <<NOTE: Regulations.>> the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 2009, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2009, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) This <<NOTE: Applicability.>> section shall apply with respect
to pay for service performed after September 30, 2009.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 711. During <<NOTE: Notification.>> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
[[Page 123 STAT. 3208]]
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <<NOTE: Definition.>> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 712. Notwithstanding section 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this or
any other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 12472 (April 3, 1984).
Sec. 713. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to 5 U.S.C.
3302, without a certification to the Office of Personnel Management from
the head of the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 714. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or
[[Page 123 STAT. 3209]]
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 715. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants--
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 716. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act of 1989 (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided,
[[Page 123 STAT. 3210]]
That notwithstanding the preceding paragraph, a nondisclosure policy
form or agreement that is to be executed by a person connected with the
conduct of an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress, or to
an authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial violation of law.
Sec. 717. No <<NOTE: Lobbying.>> part of any funds appropriated in
this or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for the
preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 718. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 719. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 720. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by the Congress.
Sec. 721. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
[[Page 123 STAT. 3211]]
(transfer of funds)
Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, the Chief Acquisition Officers
Council for procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided further, That
the total funds transferred or reimbursed shall not exceed
$17,000,000: <<NOTE: Deadline. Notification.>> Provided further, That
such transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 724. Notwithstanding <<NOTE: Breastfeeding.>> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 725. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: <<NOTE: Reports. Deadline.>> Provided, That the
Office of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment of this
Act.
Sec. 726. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: <<NOTE: Applicability.>>
Provided, That this provision shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
Sec. 727. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
[[Page 123 STAT. 3212]]
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to <<NOTE: Contracts.>> enter into any agreement with a
third party (including another government agency) to collect,
review, or obtain any aggregation of data, derived from any
means, that includes any personally identifiable information
relating to an individual's access to or use of any
nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 728. (a) <<NOTE: Contracts. Contraceptives.>> None of the
funds appropriated by this Act may be used to enter into or renew a
contract which includes a provision providing prescription drug
coverage, except where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing <<NOTE: Abortion.>> in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 729. The <<NOTE: Sports. Drugs and drug abuse.>> Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 730. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official
[[Page 123 STAT. 3213]]
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
Sec. 731. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 732. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 733. (a) <<NOTE: Deadline. Reports.>> For fiscal year 2010, no
funds shall be available for transfers or reimbursements to the E-
Government initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the Committees on
Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget and receipt of approval
to transfer funds by the Committees on Appropriations of the House of
Representatives and the Senate.
(b) The report in subsection (a) and other required justification
materials shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status, risks,
cost effectiveness (including estimated net costs or savings to
the government), and the estimated date of full operational
capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or expenditure for
new E-Government initiatives without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 734. Notwithstanding <<NOTE: Budget requests.>> section 1346
of title 31, United States Code, and section 708 of this Act and any
other provision of law, the head of each appropriate executive
department and agency shall transfer to or reimburse the Federal
Aviation Administration, upon the direction of the Director of the
Office of Management and Budget, funds made available by this or any
other Act for the purposes described below, and shall submit budget
requests for such purposes. These funds shall be administered by the
Federal
[[Page 123 STAT. 3214]]
Aviation Administration, in consultation with the appropriate
interagency groups designated by the Director and shall be used to
ensure the uninterrupted, continuous operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior for the
entirety of fiscal year 2010 and any period thereafter that precedes the
enactment of the Financial Services and General Government
Appropriations Act, 2011. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
sums shall be sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital
upgrades. <<NOTE: Notification. Deadline.>> The Director of the Office
of Management and Budget shall notify the Committees on Appropriations
of the House of Representatives and the Senate of such transfers or
reimbursements within 15 days of this Act. <<NOTE: Deadline.>> Such
transfers or reimbursements shall begin within 30 days of enactment of
this Act.
Sec. 735. None <<NOTE: Study.>> of the funds appropriated or
otherwise made available by this or any other Act may be used to begin
or announce a study or public-private competition regarding the
conversion to contractor performance of any function performed by
Federal employees pursuant to Office of Management and Budget Circular
A-76 or any other administrative regulation, directive, or policy.
Sec. 736. Unless <<NOTE: News story.>> otherwise authorized by
existing law, none of the funds provided in this Act or any other Act
may be used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 737. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
Sec. 738. Each <<NOTE: Evaluation. 5 USC 5701 note.>> executive
department and agency shall evaluate the creditworthiness of an
individual before issuing the individual a government travel charge
card. Such evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report from a
consumer reporting agency as those terms are defined in section 603 of
the Fair Credit Reporting Act (Public Law 91-508): Provided, That the
department or agency may not issue a government travel charge card to an
individual that either lacks a credit history or is found to have an
unsatisfactory credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in accordance
with agency procedures to: (1) an individual with an unsatisfactory
credit history where such card is used to pay travel expenses and the
agency determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) an individual who
[[Page 123 STAT. 3215]]
lacks a credit history. <<NOTE: Guidelines. Procedures.>> Each
executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency personnel
for improper, fraudulent, or abusive use of government charge cards,
which shall include appropriate disciplinary actions for use of charge
cards for purposes, and at establishments, that are inconsistent with
the official business of the Department or agency or with applicable
standards of conduct.
Sec. 739. (a) Definitions.--For purposes of this section the
following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later <<NOTE: Certification.>> than 45 days after
submission of the budget of the President to Congress, the Director of
the Office of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task Force,
shall submit to the appropriate authorizing and appropriating committees
of the Senate and the House of Representatives a financial report,
certified by the Secretary of each agency that has budget authority for
Great Lakes restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 740. (a) In General.--None of <<NOTE: Contracts.>> the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary <<NOTE: Determination.>>
shall waive subsection (a) with respect to any Federal
Government contract under the
[[Page 123 STAT. 3216]]
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 741. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 742. (a) Section 748 of the Financial Services and General
Government Appropriations Act, 2009 (Public Law 111-8, division D)
is <<NOTE: Ante, p. 630.>> repealed.
(b) Hereafter, <<NOTE: President. Determination. 42 USC 4321
note.>> the President may modify or replace Executive Order No. 13423
if the President determines that a revised or new executive order will
achieve equal or better environmental or energy efficiency results.
Sec. 743. (a) <<NOTE: Deadlines. 31 USC 501 note.>> Service
Contract Inventory Requirement.--
(1) Guidance.--Not later than March 1, 2010, the Director of
the Office of Management and Budget shall develop and
disseminate guidance to aid executive agencies in establishing
systems for the collection of information required to meet the
requirements of this section and to ensure consistency of
inventories across agencies.
(2) Report.--Not later than July 31, 2010, the Director of
the Office of Management and Budget shall submit a report to
Congress on the status of efforts to enable executive agencies
to prepare the inventories required under paragraph (3),
including the development, as appropriate, of guidance,
methodologies, and technical tools.
(3) Inventory contents.--Not later than December 31, 2010,
and annually thereafter, the head of each executive agency
required to submit an inventory in accordance with the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270; 31
U.S.C. 501 note), other than the Department of Defense, shall
submit to the Office of Management and Budget an annual
inventory of service contracts awarded or extended through the
exercise of an option on or after April 1, 2010, for or on
behalf of such agency. For each service contract, the entry for
an inventory under this section shall include, for the preceding
fiscal year, the following:
(A) A description of the services purchased by the
executive agency and the role the services played in
achieving agency objectives, regardless of whether such
a purchase was made through a contract or task order.
(B) The organizational component of the executive
agency administering the contract, and the
organizational component of the agency whose
requirements are being met through contractor
performance of the service.
(C) The total dollar amount obligated for services
under the contract and the funding source for the
contract.
(D) The total dollar amount invoiced for services
under the contract.
(E) The contract type and date of award.
[[Page 123 STAT. 3217]]
(F) The name of the contractor and place of
performance.
(G) The number and work location of contractor and
subcontractor employees, expressed as full-time
equivalents for direct labor, compensated under the
contract.
(H) Whether the contract is a personal services
contract.
(I) Whether the contract was awarded on a
noncompetitive basis, regardless of date of award.
(b) Form.--Reports required under this section shall be submitted in
unclassified form, but may include a classified annex.
(c) Publication.--Not later than 30 days after the date on which the
inventory under subsection (a)(3) is required to be submitted to the
Office of Management and Budget, the head of each executive agency
shall--
(1) make <<NOTE: Public information.>> the inventory
available to the public; and
(2) publish <<NOTE: Federal Register,
publication. Notice.>> in the Federal Register a notice that
the inventory is available to the public.
(d) Government-wide Inventory Report.--Not later <<NOTE: Public
information. Web posting.>> than 90 days after the deadline for
submitting inventories under subsection (a)(3), and annually thereafter,
the Director of the Office of Management and Budget shall submit to
Congress and make publicly available on the Office of Management and
Budget website a report on the inventories submitted. The report shall
identify whether each agency required to submit an inventory under
subsection (a)(3) has met such requirement and summarize the information
submitted by each executive agency required to have a Chief Financial
Officer pursuant to section 901 of title 31, United States Code.
(e) Review and Planning Requirements.--Not later than 180 days after
the deadline for submitting inventories under subsection (a)(3) for an
executive agency, the head of the executive agency, or an official
designated by the agency head shall--
(1) review the contracts and information in the inventory;
(2) ensure that--
(A) each contract in the inventory that is a
personal services contract has been entered into, and is
being performed, in accordance with applicable laws and
regulations;
(B) the agency is giving special management
attention to functions that are closely associated with
inherently governmental functions;
(C) the agency is not using contractor employees to
perform inherently governmental functions;
(D) the agency has specific safeguards and
monitoring systems in place to ensure that work being
performed by contractors has not changed or expanded
during performance to become an inherently governmental
function;
(E) the agency is not using contractor employees to
perform critical functions in such a way that could
affect the ability of the agency to maintain control of
its mission and operations; and
(F) there are sufficient internal agency resources
to manage and oversee contracts effectively;
(3) identify contracts that have been poorly performed, as
determined by a contracting officer, because of excessive costs
or inferior quality; and
[[Page 123 STAT. 3218]]
(4) identify contracts that should be considered for
conversion to--
(A) performance by Federal employees of the
executive agency in accordance with agency insourcing
guidelines required under section 736 of the Financial
Services and General Government Appropriations Act, 2009
(Public Law 111-8, division D); or
(B) an alternative acquisition approach that would
better enable the agency to efficiently utilize its
assets and achieve its public mission.
(f) Report on Actions Taken in Response to Annual Inventory.--Not
later than one year after submitting an annual inventory under
subsection (a)(3), the head of each executive agency submitting such an
inventory shall submit to the Office of Management and Budget a report
summarizing the actions taken pursuant to subsection (e), including any
actions taken to consider and convert functions from contractor to
Federal employee performance. The report shall be included as an
attachment to the next annual inventory and made publicly available in
accordance with subsection (c).
(g) Submission of Service Contract Inventory Before Public-private
Competition.--Notwithstanding any <<NOTE: Effective date.>> other
provision of law, beginning in fiscal year 2011, if an executive agency
has not submitted to the Office of Management and Budget the inventory
required under subsection (a)(3) for the prior fiscal year, the agency
may not begin, plan for, or announce a study or public-private
competition regarding the conversion to contractor performance of any
function performed by Federal employees pursuant to Office of Management
and Budget Circular A-76 or any other administrative regulation or
directive until such time as the inventory is submitted for the prior
fiscal year.
(h) GAO Reports on Implementation.--
(1) Report on guidance.--Not later than 120 days after
submission of the report by the Director of the Office of
Management and Budget required under subsection (a)(2), the
Comptroller General of the United States shall report on the
guidance issued and actions taken by the Director. The report
shall be submitted to the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the
Senate and the Committee on Oversight and Government Reform and
the Committee on Appropriations of the House of Representatives.
(2) Reports on inventories.--
(A) Initial inventory.--Not later than September 30,
2011, the Comptroller General of the United States shall
submit a report to the Committees named in the preceding
paragraph on the initial implementation by executive
agencies of the inventory requirement in subsection
(a)(3) with respect to inventories required to be
submitted by December 31, 2010.
(B) Second inventory.--Not later than September 30,
2012, the Comptroller General shall submit a report to
the same Committees on annual inventories required to be
submitted by December 31, 2011.
(3) Periodic briefings.--The Comptroller General shall
provide periodic briefings, as may be requested by the
Committees, on matters related to implementation of this
section.
[[Page 123 STAT. 3219]]
(i) Executive Agency Defined.--In this section, the term ``executive
agency'' has the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
Sec. 744. (a) <<NOTE: President. Determination. 5 USC 5303 note.>>
The adjustment in rates of basic pay for employees under the statutory
pay systems that takes effect in fiscal year 2010 under section 5303 of
title 5, United States Code, shall be an increase of 1.5 percent, and
the overall average percentage of the adjustments taking effect in such
fiscal year under sections 5304-5304a of such title 5 shall be an
increase of 0.5 percent (with comparability payments to be determined
and allocated among pay localities by the
President). <<NOTE: Applicability. Effective date.>> Adjustments under
the preceding sentence shall also apply to civilian employees in the
Department of Homeland Security and in the Department of Defense. All
adjustments under this subsection shall be effective as of the first day
of the first applicable pay period beginning on or after January 1,
2010.
(b) Notwithstanding section 710, the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2010
under sections 5344 and 5348 of title 5, United States Code, shall be no
less than the percentages in subsection (a) as employees in the same
location whose rates of basic pay are adjusted pursuant to the statutory
pay systems under section 5303 and 5304-5304a of title 5, United States
Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304-
5304a of such title 5 and prevailing rate employees described in section
5343(a)(5) of such title 5 shall be considered to be located in the pay
locality designated as ``Rest of U.S.'' pursuant to section 5304 of such
title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2010.
Sec. 745. (a) Section 5538 of title 5, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Amounts under this section shall be payable with respect to
each pay period (which would otherwise apply if the employee's civilian
employment had not been interrupted)--
``(1) during which such employee is entitled to re-
employment rights under chapter 43 of title 38 with respect to
the position from which such employee is absent (as referred to
in subsection (a)); and
``(2) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of such
employee's civilian employment with the Government.''.
(b) The <<NOTE: Effective date. 5 USC 5538 note.>> amendments made
by this section shall take effect on the first day of the first
applicable pay period beginning on or after the date of the enactment of
this Act.
Sec. 746. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
Sec. 747. (a) Definitions.--For purposes of this section the
following definitions apply:
(1) The term ``covered manufacturer'' means--
(A) an automobile manufacturer in which the United
States Government has an ownership interest, or to which
the Government has provided financial assistance under
[[Page 123 STAT. 3220]]
title I of the Emergency Economic Stabilization Act of
2008; or
(B) an automobile manufacturer which acquired more
than half of the assets of an automobile manufacturer in
which the United States Government has an ownership
interest, or to which the Government has provided
financial assistance under title I of the Emergency
Economic Stabilization Act of 2008.
(2) The term ``covered dealership'' means an automobile
dealership that had a franchise agreement for the sale and
service of vehicles of a brand or brands with a covered
manufacturer in effect as of October 3, 2008, and such agreement
was terminated, not assigned in the form existing on October 3,
2008 to another covered manufacturer in connection with an
acquisition of assets related to the manufacture of that vehicle
brand or brands, not renewed, or not continued during the period
beginning on October 3, 2008, and ending on December 31, 2010.
(b) A covered dealership that was not lawfully terminated under
applicable State law on or before April 29, 2009, shall have the right
to seek, through binding arbitration, continuation, or reinstatement of
a franchise agreement, or to be added as a franchisee to the dealer
network of the covered manufacturer in the geographical area where the
covered dealership was located when its franchise agreement was
terminated, not assigned, not renewed, or not continued. Such
continuation, reinstatement, or addition shall be limited to each brand
owned and manufactured by the covered manufacturer at the time the
arbitration commences, to the extent that the covered dealership had
been a dealer for such brand at the time such dealer's franchise
agreement was terminated, not assigned, not renewed, or not continued.
(c) Before <<NOTE: Deadline.>> the end of the 30-day period
beginning on the date of the enactment of this Act, a covered
manufacturer shall provide to each covered dealership related to such
covered manufacturer a summary of the terms and the rights accorded
under this section to a covered dealership and the specific criteria
pursuant to which such dealer was terminated, was not renewed, or was
not assumed and assigned to a covered manufacturer.
(d) A <<NOTE: Deadlines.>> covered dealership may elect to pursue
the right to binding arbitration with the appropriate covered
manufacturer. Such election must occur within 40 days of the date of
enactment. The arbitration process must commence as soon as practicable
thereafter with the selection of the arbitrator and conclude with the
case being submitted to the arbitrator for deliberation within 180 days
of the date of enactment of this Act. The arbitrator may extend the time
periods in this subsection for up to 30 days for good cause. The covered
manufacturer and the covered dealership may present any relevant
information during the arbitration. The arbitrator shall balance the
economic interest of the covered dealership, the economic interest of
the covered manufacturer, and the economic interest of the public at
large and shall decide, based on that balancing, whether or not the
covered dealership should be added to the dealer network of the covered
manufacturer. The factors considered by the arbitrator shall include (1)
the covered dealership's profitability in 2006, 2007, 2008, and 2009,
(2) the
[[Page 123 STAT. 3221]]
covered manufacturer's overall business plan, (3) the covered
dealership's current economic viability, (4) the covered dealership's
satisfaction of the performance objectives established pursuant to the
applicable franchise agreement, (5) the demographic and geographic
characteristics of the covered dealership's market territory, (6) the
covered dealership's performance in relation to the criteria used by the
covered manufacturer to terminate, not renew, not assume or not assign
the covered dealership's franchise agreement, and (7) the length of
experience of the covered
dealership. <<NOTE: Determination. Deadline.>> The arbitrator shall
issue a written determination no later than 7 business days after the
arbitrator determines that case has been fully submitted. At a minimum,
the written determination shall include (1) a description of the covered
dealership, (2) a clear statement indicating whether the franchise
agreement at issue is to be renewed, continued, assigned or assumed by
the covered manufacturer, (3) the key facts relied upon by the
arbitrator in making the determination, and (4) an explanation of how
the balance of economic interests supports the arbitrator's
determination.
(e) The arbitrator shall be selected from the list of qualified
arbitrators maintained by the Regional Office of the American
Arbitration Association (AAA), in the Region where the dealership is
located, by mutual agreement of the covered dealership and covered
manufacturer. If agreement cannot be reached on a suitable arbitrator,
the parties shall request AAA to select the arbitrator. There will be no
depositions in the proceedings, and discovery shall be limited to
requests for documents specific to the covered dealership. The parties
shall be responsible for their own expenses, fees, and costs, and shall
share equally all other costs associated with the arbitration, such as
arbitrator fees, meeting room charges, and administrative costs. The
arbitration shall be conducted in the State where the covered dealership
is located. Parties will have the option of conducting arbitration
electronically and telephonically, by mutual agreement of both parties.
The arbitrator shall not award compensatory, punitive, or exemplary
damages to any party. <<NOTE: Deadline. Contracts.>> If the arbitrator
finds in favor of a covered dealership, the covered manufacturer shall
as soon as practicable, but not later than 7 business days after receipt
of the arbitrator's determination, provide the dealer a customary and
usual letter of intent to enter into a sales and service agreement.
After executing the sales and service agreement and successfully
completing the operational prerequisites set forth therein, a covered
dealership shall return to the covered manufacturer any financial
compensation provided by the covered manufacturer in consideration of
the covered manufacturer's initial determination to terminate, not
renew, not assign or not assume the covered dealership's applicable
franchise agreement.
(f) Any legally binding agreement resulting from a voluntary
negotiation between a covered manufacturer and covered dealership(s)
shall not be considered inconsistent with this provision and any covered
dealership that is a party to such agreement shall forfeit the right to
arbitration established by this provision.
(g) Notwithstanding the requirements of this provision, nothing
herein shall prevent a covered manufacturer from lawfully terminating a
covered dealership in accordance with applicable State law.
[[Page 123 STAT. 3222]]
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 803. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 804. (a) <<NOTE: Lobbying.>> None of the Federal funds
provided in this Act shall be used for publicity or propaganda purposes
or implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2010, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless the <<NOTE: Notification. Deadline.>> Committees on
Appropriations of the House of Representatives and the Senate are
notified in writing 15 days in advance of the reprogramming.
(b) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through November 1, 2010.
[[Page 123 STAT. 3223]]
Sec. 806. Consistent <<NOTE: Applicability.>> with the provisions
of section 1301(a) of title 31, United States Code, appropriations under
this Act shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 807. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 808. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a District
of Columbia government employee as may otherwise be designated
by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
Sec. 809. (a) <<NOTE: Voting rights.>> None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 810. None <<NOTE: Needle distribution.>> of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 811. Nothing <<NOTE: Contraceptives. Conscience exceptions.>>
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
[[Page 123 STAT. 3224]]
Sec. 812. The <<NOTE: Deadline. Reports.>> Mayor of the District
of Columbia shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate annual reports
addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs, the retention rates in
treatment programs, and the recidivism/re-arrest rates for
treatment participants;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house residents
to reduce the number of escapes to be provided in consultation
with the Court Services and Offender Supervision Agency for the
District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter schools, repeated grade rates, high
school graduation rates, post-secondary education attendance
rates, and teen pregnancy rates;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District failed
to spend the amounts received;
(7) indicators of child and family well-being including
child living arrangements by family structure, number of
children aging out of foster care, poverty rates by family
structure, crime by family structure, marriage rates by income
quintile, and out-of-wedlock births; and
(8) employment, including job status and participation in
assistance programs by income, education and family structure.
Sec. 813. None <<NOTE: Drugs and drug abuse.>> of the Federal
funds contained in this Act may be used to enact or carry out any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
Sec. 814. None <<NOTE: Abortion.>> of the Federal funds
appropriated under this Act shall be expended for any abortion except
where the life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of an act of rape
or incest.
Sec. 815. (a) <<NOTE: Deadline. Budget.>> No later than 30 calendar
days after the date of the enactment of this Act, the Chief Financial
Officer for the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the District of
Columbia, a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
[[Page 123 STAT. 3225]]
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.42), for all agencies of the District of
Columbia government for fiscal year 2010 that is in the total amount of
the approved appropriation and that realigns all budgeted data for
personal services and other-than-personal services, respectively, with
anticipated actual expenditures.
(b) This <<NOTE: Applicability. Certification.>> section shall
apply only to an agency for which the Chief Financial Officer for the
District of Columbia certifies that a reallocation is required to
address unanticipated changes in program requirements.
Sec. 816. No <<NOTE: Deadline. Budget.>> later than 30 calendar
days after the date of the enactment of this Act, the Chief Financial
Officer for the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the District
of Columbia Public Schools that aligns schools budgets to actual
enrollment. The revised appropriated funds budget shall be in the format
of the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, Sec. 1-204.42).
Sec. 817. Amounts appropriated in this Act as operating funds may
be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
Sec. 818. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2010''.
DIVISION D--DEPARTMENTS OF <<NOTE: Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2010.>> LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
TITLE I <<NOTE: Department of Labor Appropriations Act, 2010.>>
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of 1998
(``WIA''), the Second Chance Act of 2007, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the WIA;
$3,828,530,000, plus reimbursements, shall be available. Of the amounts
provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,969,449,000 as follows:
(A) $861,540,000 for adult employment and training
activities, of which $149,540,000 shall be available for
the period July 1, 2010, through June 30, 2011, and of
which
[[Page 123 STAT. 3226]]
$712,000,000 shall be available for the period October
1, 2010 through June 30, 2011;
(B) $924,069,000 for youth activities, which shall
be available for the period April 1, 2010 through June
30, 2011; and
(C) $1,183,840,000 for dislocated worker employment
and training activities, of which $323,840,000 shall be
available for the period July 1, 2010 through June 30,
2011, and of which $860,000,000 shall be available for
the period October 1, 2010 through June 30, 2011:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds may
be transferred by a local board if approved by the Governor:
Provided further, That a local board may award a contract to an
institution of higher education or other eligible training
provider if the local board determines that it would facilitate
the training of multiple individuals in high-demand occupations,
if such contract does not limit customer choice;
(2) for federally administered programs, $470,038,000 as
follows:
(A) $229,160,000 for the dislocated workers
assistance national reserve, of which $29,160,000 shall
be available for the period July 1, 2010 through June
30, 2011, and of which $200,000,000 shall be available
for the period October 1, 2010 through June 30, 2011:
Provided, That funds provided to carry out section
132(a)(2)(A) of the WIA may be used to provide
assistance to a State for State-wide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out section 171(d) of the WIA
may be used for demonstration projects that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That none of the
funds shall be obligated to carry out section 173(e) of
the WIA;
(B) $52,758,000 for Native American programs, which
shall be available for the period July 1, 2010 through
June 30, 2011;
(C) $84,620,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$78,410,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,700,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $510,000 for other discretionary
purposes, which shall be available for the period July
1, 2010 through June 30, 2011: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations Act, which
[[Page 123 STAT. 3227]]
shall be available for the period July 1, 2010 through
June 30, 2011; and
(E) $102,500,000 <<NOTE: Time period.>> for
YouthBuild activities as described in section 173A of
the WIA, which shall be available for the period April
1, 2010 through June 30, 2011: <<NOTE: 29 USC 2918b.>>
Provided, That for program year 2010 and each program
year thereafter, the YouthBuild program may serve an
individual who has dropped out of high school and re-
enrolled in an alternative school, if that re-enrollment
is part of a sequential service strategy;
(3) for national activities, $389,043,000, as follows:
(A) $93,450,000 for Pilots, Demonstrations, and
Research, which shall be available for the period April
1, 2010 through June 30, 2011, of which $30,000,000
shall be for Transitional Jobs activities, and shall not
be subject to the requirements of section 171(b)(2)(B)
or 171(c)(4)(D) of the WIA, and that up to 10 percent of
the amount available for Transitional Jobs activities
may be used for evaluation of such projects or
transferred to the Department of Health and Human
Services and/or the Department of Justice for support of
Transitional Jobs activities; and of which $5,500,000
shall be for competitive grants to address the
employment and training needs of young parents, and
shall not be subject to the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which
$48,889,000 shall be used for the projects, and in the
amounts, specified under the heading ``Training and
Employment Services'' in the statement of the managers
on the conference report accompanying this Act:
Provided, That funding provided to carry out such
projects shall not be subject to the requirements of
sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the
joint funding requirements of sections 171(b)(2)(A) and
171(c)(4)(A) of the WIA, or any time limit requirements
of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
(B) $108,493,000 for ex-offender activities, under
the authority of section 171 of the WIA and section 212
of the Second Chance Act of 2007, which shall be
available for the period April 1, 2010 through June 30,
2011, notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA, of which
$15,000,000 shall be for competitive grants to provide
Transitional Job activities for ex-offenders;
(C) $9,600,000 for Evaluation, which shall be
available for the period July 1, 2010 through June 30,
2011;
(D) $40,000,000 for activities that prepare workers
for careers in energy efficiency and renewable energy as
described in section 171(e)(1)(B) of the WIA, under the
authority of section 171 of the WIA, which shall be
available for the period July 1, 2010 through June 30,
2011, and which shall not be subject to the requirements
of section 171(b)(2)(B) or 171(c)(4)(D);
(E) $125,000,000 for Career Pathways Innovation
Fund, under the authority of section 171 of the WIA,
which shall be available for the period July 1, 2010
through June 30, 2011, of which not less than
$65,000,000 shall be dedicated to activities that
prepare workers for careers
[[Page 123 STAT. 3228]]
in the health care sector, and which shall not be
subject to the requirements of section 171(b)(2)(B) or
171(c)(4)(D); and
(F) $12,500,000 for the Workforce Data Quality
Initiative, under the authority of section 171(c)(2) of
the WIA, which shall be available for the period July 1,
2010 through June 30, 2011, and which shall not be
subject to the requirements of section 171(c)(4)(D).
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (``OAA''),
$825,425,000, of which $600,425,000 shall be available for the period
July 1, 2010 through June 30, 2011 and of which $225,000,000 shall be
available on the date of the enactment of this Act and remain available
through December 31, 2011: <<NOTE: Deadline. Determination.>> Provided,
That notwithstanding sections 506 and 514 of the OAA, $225,000,000 shall
be allotted within 45 days of the date of the enactment of this Act to
current grantees that the Secretary of Labor determines can effectively
utilize additional funding: <<NOTE: Deadline. Reports.>> Provided
further, That within 15 days of the enactment of this Act, the Secretary
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a report on the procedure for allotting
such funds: Provided further, That funds made available under this
heading may, in accordance with section 517(c) of the OAA, be recaptured
and reobligated.
federal unemployment benefits and allowances
For payments during fiscal year 2010 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, including benefit payments, allowances, training, and related
State administration provided pursuant to paragraphs (1) and (2) of
section 1891(b) of the Trade and Globalization Adjustment Assistance Act
of 2009, $1,818,400,000, together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for any
period subsequent to September 15, 2010.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,403,000, together with
not to exceed $3,977,278,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $3,195,645,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews), the administration of unemployment insurance
for Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration
[[Page 123 STAT. 3229]]
of trade readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 1891(b) of the Trade and
Globalization Adjustment Assistance Act of 2009, and shall be
available for obligation by the States through December 31,
2010, except that funds used for automation acquisitions shall
be available for obligation by the States through September 30,
2012, and funds used for unemployment insurance workloads
experienced by the States through September 30, 2010, shall be
available for Federal obligation through December 31, 2010;
(2) $11,310,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $680,893,000 from the Trust Fund, together with
$22,683,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2010 through June 30, 2011;
(4) $20,994,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act,
including not to exceed $1,228,000 that may be used for
amortization payments to States which had independent retirement
plans in their State employment service agencies prior to 1980;
(5) $68,436,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $53,307,000 shall be available for the Federal
administration of such activities, and $15,129,000 shall be
available for grants to States for the administration of such
activities; and
(6) $63,720,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and section 171
(e)(2)(C) of the Workforce Investment Act of 1998 and shall be
available for Federal obligation for the period July 1, 2010
through June 30, 2011:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2010 is projected by the
Department of Labor to exceed 5,059,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State to assist other States in
carrying out activities under such title III if the other States include
areas that have suffered a major disaster declared by the President
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That funds appropriated in this Act which are used to establish
a national
[[Page 123 STAT. 3230]]
one-stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance or immigration
programs, may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated under this Act
for activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the Office
of Management and Budget Circular A-87: Provided further, That the
Secretary, at the request of a State participating in a consortium with
other States, may reallot funds allotted to such State under title III
of the Social Security Act to other States participating in the
consortium in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request.
In addition, $50,000,000 from the Employment Security Administration
Account of the Unemployment Trust Fund shall be available to conduct in-
person reemployment and eligibility assessments and unemployment
insurance improper payment reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation through
September 30, 2011.
program administration
For expenses of administering employment and training programs,
$97,516,000, together with not to exceed $50,140,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $154,861,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may
[[Page 123 STAT. 3231]]
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2010, for the
Corporation: Provided, That none of the funds available to the
Corporation for fiscal year 2010 shall be available for obligations for
administrative expenses in excess of $464,067,000: Provided further,
That to the extent that the number of new plan participants in plans
terminated by the Corporation exceeds 100,000 in fiscal year 2010, an
amount not to exceed an additional $9,200,000 shall be available through
September 30, 2011 for obligation for administrative expenses for every
20,000 additional terminated participants: Provided further,
That <<NOTE: Notification.>> an additional $50,000 shall be made
available through September 30, 2011, for obligation for investment
management fees for every $25,000,000 in assets received by the
Corporation as a result of new plan terminations or asset growth, after
approval by the Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives and the
Senate: <<NOTE: Notification.>> Provided further, That obligations in
excess of the amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses after approval by
the Office of Management and Budget and notification of the Committees
on Appropriations of the House of Representatives and the Senate.
Employment Standards Administration
salaries and expenses
(including rescission and transfer of funds)
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $491,382,000, together with
$2,124,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act: <<NOTE: Fees.>> Provided, That the Secretary
of Labor is authorized to establish and, in accordance with 31 U.S.C.
3302, collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938 and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act: Provided further, That funds
identified in the table contained in the statement of the managers on
the conference report accompanying this Act for Program Direction and
Support may be allocated among the agencies included in this account and
may be transferred to any other account within the Department of Labor
for such purposes.
Of the unobligated funds collected pursuant to section 286(v) of the
Immigration and Nationality Act, $50,000,000 are rescinded as of
September 30, 2010.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of
[[Page 123 STAT. 3232]]
benefits as provided for under the heading ``Civilian War Benefits'' in
the Federal Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f)
of the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the Longshore and
Harbor Workers' Compensation Act, $187,000,000, together with such
amounts as may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other benefits for any
period subsequent to August 15 of the current year: Provided, That
amounts appropriated may be used under 5 U.S.C. 8104, by the Secretary
of Labor to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2009, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That <<NOTE: Determination.>> in addition there shall be
transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c) to
pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2010:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $58,120,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $19,968,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $23,323,000;
(3) For periodic roll management and medical review,
$14,829,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That <<NOTE: Regulations.>> the Secretary may require
that any person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation Act,
provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations may
prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $169,180,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2011, $45,000,000, to remain available until expended.
[[Page 123 STAT. 3233]]
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $51,900,000, to remain
available until expended: Provided, That the Secretary of Labor may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
In fiscal <<NOTE: 26 USC 9501 note.>> year 2010, such sums as may
be necessary from the Black Lung Disability Trust Fund (``Fund''), to
remain available until expended, for payment of all benefits authorized
by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1986; and interest on advances, as authorized by section 9501(c)(2) of
that Act. In addition, the following amounts may be expended from the
Fund for fiscal year 2010 for expenses of operation and administration
of the Black Lung Benefits program, as authorized by section 9501(d)(5):
not to exceed $32,720,000 for transfer to the Employment Standards
Administration ``Salaries and Expenses''; not to exceed $25,091,000 for
transfer to Departmental Management, ``Salaries and Expenses''; not to
exceed $327,000 for transfer to Departmental Management, ``Office of
Inspector General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $558,620,000, including not to exceed $104,393,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (``Act''), which grants
shall be no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary of Labor under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health
Administration may retain up to $200,000 per fiscal year of training
institute course tuition fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety and health
training and education: <<NOTE: Fees.>> Provided, That notwithstanding
31 U.S.C. 3302, the Secretary is authorized, during the fiscal year
ending September 30, 2010, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person
[[Page 123 STAT. 3234]]
who is engaged in a farming operation which does not maintain a
temporary <<NOTE: Small businesses.>> labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That <<NOTE: Farms and farming.>> the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $10,750,000 shall be
available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $357,293,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities, and $1,450,000 to
continue the project with the United Mine Workers of America, for
classroom and simulated rescue training for mine rescue teams; in
addition, not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
Health Administration may retain up to $1,000,000 from fees collected
for the approval and certification of equipment, materials, and
explosives for use in mines,
[[Page 123 STAT. 3235]]
and may utilize such sums for such <<NOTE: 30 USC 962.>> activities; the
Secretary of Labor is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private;
the Mine Safety and Health Administration is authorized to promote
health and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $533,183,000, together with not
to exceed $78,264,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, of which
$1,500,000 may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: Provided,
That <<NOTE: Survey.>> the Current Employment Survey shall maintain the
content of the survey issued prior to June 2005 with respect to the
collection of data for the women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $39,031,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three sedans, $354,827,000, together with not to exceed
$327,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund: Provided, That
$66,500,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2010: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical
[[Page 123 STAT. 3236]]
assistance, and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That $40,000,000
shall be for the United States' contribution to the International Labour
Organization's International Program on the Elimination of Child Labor:
Provided further, That not less than $6,500,000 shall be used to
implement model programs that address worker rights issues through
technical assistance in countries with which the United States has trade
preference programs: Provided further, That funds available for the
acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs, may be allocated
to agencies of the Department by the Department's Chief Information
Officer: Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the Department
for such purpose.
office of job corps
To carry out subtitle C of title I of the Workforce Investment Act
of 1998, including Federal administrative expenses, the purchase and
hire of passenger motor vehicles, the construction, alteration and
repairs of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment
Act; $1,708,205,000, plus reimbursements, as follows:
(1) $1,574,015,000 for Job Corps Operations, of which
$983,015,000 shall be available for obligation for the period
July 1, 2010 through June 30, 2011 and of which $591,000,000
shall be available for obligation for the period October 1, 2010
through June 30, 2011;
(2) $105,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $5,000,000 shall be
available for the period July 1, 2010 through June 30, 2013 and
$100,000,000 shall be available for the period October 1, 2010
through June 30, 2013; and
(3) $29,190,000 for necessary expenses of the Office of Job
Corps shall be available for obligation for the period October
1, 2009 through September 30, 2010:
Provided, <<NOTE: Contracts.>> That the Office of Job Corps shall have
contracting authority: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job Corps
centers.
veterans employment and training
Not to exceed $210,156,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and
Public Law 103-353, and which shall be available for obligation by the
States through December 31, 2010, of which $2,449,000 is for the
National Veterans' Employment and Training Services Institute.
In addition, to carry out Department of Labor programs under section
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act of 2001
and the Veterans Workforce Investment Programs under section 168 of the
Workforce Investment Act, $45,971,000, of which $9,641,000 shall be
available for obligation for the period July 1, 2010 through June 30,
2011.
[[Page 123 STAT. 3237]]
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$78,093,000, together with not to exceed $5,921,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated in this Act for the Job
Corps shall be used to pay the salary of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess of
Executive Level I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided in
this <<NOTE: Notification. Deadline.>> Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In <<NOTE: Child labor.>> accordance with Executive Order
No. 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. None <<NOTE: Reports.>> of the funds appropriated in this
title for grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission of a
report by the Secretary of Labor to the Committees on Appropriations of
the House of Representatives and the Senate detailing the planned uses
of such funds.
Sec. 105. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than training in the occupations and industries for which employers are
using H-1B visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That the preceding
limitation shall not apply to multi-year grants awarded prior to June
30, 2007.
Sec. 106. None of the funds available in this Act or available to
the Secretary of Labor from other sources for grants under the Career
Pathways Innovation Fund and grants authorized under section 414(c) of
the American Competitiveness and Workforce Improvement Act of 1998 shall
be obligated for a grant awarded on a non-competitive basis.
[[Page 123 STAT. 3238]]
Sec. 107. None of the funds appropriated in this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(including transfer of funds)
Sec. 108. The <<NOTE: Transfer plan. 29 USC 2883b.>> Secretary of
Labor shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a plan for the transfer of the
administration of the Job Corps program authorized under title I-C of
the Workforce Investment Act of 1998 from the Office of the Secretary to
the Employment and Training Administration. <<NOTE: Effective date.>> As
of the date that is 30 days after the date of submission of such plan,
the Secretary may transfer the administration and appropriated funds of
the program from the Office of the Secretary and the provisions of
section 102 of Public Law 109-149 shall no longer be applicable.
Sec. 109. The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established
in section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of the Workforce Investment Act
of 1998, or to modify, through regulatory or administrative action, the
procedure for redesignation of local areas as specified in subtitle B of
title I of that Act (including applying the standards specified in
section 116(a)(3)(B) of that Act, but notwithstanding the time limits
specified in section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the preceding
sentence shall permit or require the Secretary to withdraw approval for
such redesignation from a State that received the approval not later
than October 12, 2005, or to revise action taken or modify the
redesignation procedure being used by the Secretary in order to complete
such redesignation for a State that initiated the process of such
redesignation by submitting any request for such redesignation not later
than October 26, 2005.
This title may be cited as the ``Department of Labor Appropriations
Act, 2010''.
[[Page 123 STAT. 3239]]
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2010.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and
XXVI of the Public Health Service Act (``PHS Act''), section 427(a) of
the Federal Coal Mine Health and Safety Act, title V and sections 711,
1128E, and 1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
the Cardiac Arrest Survival Act of 2000, section 712 of the American
Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research
Act of 2005, $7,473,522,000, of which $41,200,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under such section: Provided, That of the funds made
available under this heading, $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act: Provided further, That amounts
provided for such grants shall be available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs through the use of the VISTA-Electronic Health Record:
Provided further, That of the funds made available under this heading,
$129,000 shall be available until expended for facilities renovations at
the Gillis W. Long Hansen's Disease Center: Provided further, That in
addition to fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full disclosure
of information under the Act sufficient to recover the full costs of
operating the National Practitioner Data Bank, and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the ``Health
Care Fraud and Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to recover
the full costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That no more
than $40,000 shall be available until expended for carrying out the
provisions of section 224(o) of the PHS Act including associated
administrative expenses and relevant evaluations: Provided further, That
no more than $44,055,000 shall be available until expended for carrying
out the provisions of Public Law 104-73 and for expenses incurred by the
Department of Health and Human Services (``HHS'') pertaining to
administrative claims made under such law: Provided further, That of the
funds made available under this heading, $317,491,000 shall be for the
program under title X of the PHS Act to provide for voluntary family
planning projects: Provided further, That <<NOTE: Abortions. Political
activities.>> amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public
[[Page 123 STAT. 3240]]
office: Provided further, That of the funds available under this
heading, $1,932,865,000 shall remain available to the Secretary of HHS
through September 30, 2012, for parts A and B of title XXVI of the PHS
Act: Provided further, That <<NOTE: Deadline. Grants. Urban and rural
areas.>> within the amounts provided for part A of title XXVI of the PHS
Act, $6,021,000 shall be available to the Secretary through September
30, 2012, and shall be available to qualifying jurisdictions, within 30
days of enactment, for increasing supplemental grants for fiscal year
2010 to metropolitan and transitional areas that received grant funding
in fiscal year 2009 under subparts I and II of part A of title XXVI of
the PHS Act to ensure that an area's total funding under subparts I and
II of part A for fiscal year 2009, together with the amount of this
additional funding, is not less than 92.4 percent of the amount of such
area's total funding under part A for fiscal year 2006: Provided
further, That notwithstanding section 2603(c)(1) of the PHS Act, the
additional funding to areas under the immediately preceding proviso,
which may be used for costs incurred during fiscal year 2009, shall be
available to the area for obligation from the date of the award through
the end of the grant year for the award: Provided further, That
$835,000,000 shall be for State AIDS Drug Assistance Programs authorized
by section 2616 of the PHS Act: Provided further, That in addition to
amounts provided herein, $25,000,000 shall be available from amounts
available under section 241 of the PHS Act to carry out parts A, B, C,
and D of title XXVI of the PHS Act to fund section 2691 Special Projects
of National Significance: Provided further, That notwithstanding
sections 502(a)(1) and 502(b)(1) of the Social Security Act, not to
exceed $92,551,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2) of
such Act and $10,400,000 shall be available for projects described in
paragraphs (A) through (F) of section 501(a)(3) of such Act: Provided
further, That notwithstanding section 747(e)(2) of the PHS Act, not less
than $29,025,000 shall be for family medicine programs, not less than
$7,575,000 shall be for general dentistry programs, and not less than
$7,575,000 shall be for pediatric dentistry programs including faculty
loan repayments for service as a full-time faculty member in dentistry:
Provided further, That dentistry faculty loan repayments shall be made
using the same terms and conditions as the Nursing Faculty Loan
Repayment program authorized under section 738 of the PHS Act unless
otherwise authorized: Provided further, That of the funds provided,
$10,000,000 shall be provided to the Denali Commission as a direct lump
payment pursuant to Public Law 106-113: Provided further, That of the
funds provided, $35,000,000 shall be provided for the Delta Health
Initiative as authorized in section 219 of division G of Public Law 110-
161 and associated administrative expenses: Provided further, That funds
provided under section 846 and subpart 3 of part D of title III of the
PHS Act may be used to make prior year adjustments to awards made under
these sections: Provided further, That notwithstanding section
340A(d)(3)(B) of the PHS Act, $5,000,000 shall be available for 3 year
grant periods under the Patient Navigator Act: Provided further, That of
the amount appropriated in this paragraph, $338,002,000 shall be used
for the projects financing the construction and renovation (including
equipment) of health care and other facilities and for other health-
related activities, and in the amounts, specified under the heading
``Health Resources
[[Page 123 STAT. 3241]]
and Services'' in the statement of the managers on the conference report
accompanying this Act, and of which up to one percent of the amount for
each project may be used for related agency administrative expenses:
Provided further, That notwithstanding section 338J(k) of the PHS Act,
$10,075,000 shall be available for State Offices of Rural Health:
Provided further, That of the funds provided, $15,000,000 shall be
available for the Small Rural Hospital Improvement Grant Program for
quality improvement and adoption of health information technology:
Provided further, That $75,000,000 shall be available for State Health
Access Grants to expand access to affordable health care coverage for
the uninsured populations in such States.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act
(``PHS Act''). For administrative expenses to carry out the guaranteed
loan program, including section 709 of the PHS Act, $2,847,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(``Trust Fund''), such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the Public Health Service Act, to remain available until
expended: Provided, That for necessary administrative expenses, not to
exceed $6,502,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
Act of 1977, section 13 of the Mine Improvement and New Emergency
Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety
and Health Act of 1970, title IV of the Immigration and Nationality Act,
section 501 of the Refugee Education Assistance Act of 1980, and for
expenses necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations; including purchase and insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and operation of
aircraft, $6,390,387,000, of which $69,150,000 shall remain available
until expended for acquisition of real property, equipment, construction
and renovation of facilities; of which $595,749,000 shall remain
available until expended for the Strategic National Stockpile under
section 319F-2 of the PHS Act; of which $20,620,000 shall be used for
the projects, and in the amounts, specified under the heading ``Disease
Control, Research, and Training'' in the statement of the managers on
the conference report accompanying this Act; of which $118,979,000 for
international HIV/AIDS shall remain available through September 30,
2011; and of which $70,723,000
[[Page 123 STAT. 3242]]
shall be available until expended to provide screening and treatment for
first response emergency services personnel, residents, students, and
others related to the September 11, 2001 terrorist attacks on the World
Trade Center: Provided, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to this account:
Provided further, That with respect to the previous proviso, authorized
user fees from the Vessel Sanitation Program shall be available through
September 30, 2011: Provided further, That in addition to amounts
provided herein, the following amounts shall be available from amounts
available under section 241 of the PHS Act: (1) $12,864,000 to carry out
the National Immunization Surveys; (2) $138,683,000 to carry out the
National Center for Health Statistics surveys; (3) $30,880,000 for
Public Health Informatics; (4) $47,036,000 for Health Marketing; (5)
$31,170,000 to carry out Public Health Research; and (6) $91,724,000 to
carry out research activities within the National Occupational Research
Agenda: Provided further, That <<NOTE: Gun control.>> none of the funds
made available for injury prevention and control at the Centers for
Disease Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That of the funds
made available under this heading, up to $1,000 per eligible employee of
the Centers for Disease Control and Prevention shall be made available
until expended for Individual Learning Accounts: Provided further, That
the Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3, 1990, to
activities the Director may so designate: Provided further, That
the <<NOTE: Notification.>> Committees on Appropriations of the House of
Representatives and the Senate are to be notified promptly of any such
redirection: Provided further, That not to exceed $20,787,000 may be
available for making grants under section 1509 of the PHS Act to not
less than 21 States, tribes, or tribal organizations: Provided further,
That notwithstanding <<NOTE: Contracts.>> any other provision of law,
the Centers for Disease Control and Prevention shall award a single
contract or related contracts for development and construction of the
next building or facility designated in the Buildings and Facilities
Master Plan that collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18: Provided
further, That of the funds appropriated, $10,000 shall be for official
reception and representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention: Provided
further, That employees of the Centers for Disease Control and
Prevention or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of Health and Human
Services during the period of detail or assignment.
In addition, for necessary expenses to administer the Energy
Employees Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended, of which $4,500,000 shall be for use by
or in support of the Advisory Board on Radiation and Worker Health
(``the Board'') to carry out its statutory responsibilities, including
obtaining audits, technical assistance, and other support from the
Board's audit contractor
[[Page 123 STAT. 3243]]
with regard to radiation dose estimation and reconstruction efforts,
site profiles, procedures, and review of Special Exposure Cohort
petitions and evaluation reports: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-554.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $5,103,388,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
National Cancer Institute-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $3,096,916,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $413,236,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,808,100,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,636,371,000.
national institute of allergy and infectious diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,818,275,000, of which $304,000,000 shall be derived by transfer from
funds appropriated under the heading ``Biodefense Countermeasures'' in
the Department of Homeland Security Appropriations Act, 2004: Provided,
That $300,000,000 may be made available to International Assistance
Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'',
to remain available until expended.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $2,051,798,000.
[[Page 123 STAT. 3244]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,329,528,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$707,036,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to environmental health sciences, $689,781,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,110,229,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $539,082,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$418,833,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $145,660,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $462,346,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,059,848,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,489,372,000.
[[Page 123 STAT. 3245]]
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $516,028,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $316,582,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,268,896,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$128,844,000.
national center on minority health and health disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $211,572,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the Public
Health Service Act), $70,051,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act (``PHS Act'') with respect to health information
communications, $339,716,000, of which $4,000,000 shall be available
until expended for improvement of information systems: Provided, That in
fiscal year 2010, the National Library of Medicine may enter into
personal services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the National
Institutes of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts available
under section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and Health Care
Technology established under section 478A of the PHS Act and related
health services.
office of the director
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health (``NIH''), $1,177,300,000, of which up to
$25,000,000 shall be used to carry out section 214 of this Act:
Provided, That funding shall be available for the purchase of not to
exceed 29 passenger motor vehicles for replacement only:
[[Page 123 STAT. 3246]]
Provided further, That the NIH is authorized to collect third party
payments for the cost of clinical services that are incurred in NIH
research facilities and that such payments shall be credited to the NIH
Management Fund: Provided further, That all funds credited to such Fund
shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to $193,880,000
shall be available for continuation of the National Children's Study:
Provided further, That $544,109,000 shall be available for the Common
Fund established under section 402A(c)(1) of the Public Health Service
Act (``PHS Act''): Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided further, That
the Office of AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or renovation
of facilities as provided for in section 2354(a)(5)(B) of the PHS Act.
buildings and facilities
For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $100,000,000, to
remain available until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles III, V, and XIX of the Public Health Service
Act (``PHS Act'') with respect to substance abuse and mental health
services and the Protection and Advocacy for Individuals with Mental
Illness Act, $3,431,624,000, of which $14,518,000 shall be used for the
projects, and in the amounts, specified under the heading ``Substance
Abuse and Mental Health Services'' in the statement of the managers on
the conference report accompanying this Act: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
for carrying out section 520A are available for carrying out section
1971 of the PHS Act: Provided further, That $795,000 shall be available
until expended for reimbursing the General Services Administration for
environmental testing and remediation on the federally owned facilities
at St. Elizabeths Hospital, including but not limited to testing and
remediation conducted prior to fiscal year 2010: Provided further, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry out
subpart II of part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; (2) $21,039,000 to
carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart I of part B of title XIX; (3)
$22,750,000 to carry out national surveys on drug abuse and mental
health; and (4)
[[Page 123 STAT. 3247]]
$8,596,000 to collect and analyze data and evaluate substance abuse
treatment programs: Provided further, That section 520E(b)(2) of the PHS
Act shall not apply to funds appropriated under this Act for fiscal year
2010.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service Act
(``PHS Act''), part A of title XI of the Social Security Act, and
section 1013 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
937(c) of the PHS Act shall not exceed $397,053,000.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $220,962,473,000, to remain available until
expended.
For making, after May 31, 2010, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2010 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2011, $86,789,382,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $207,286,070,000.
In addition, for making matching payments under section 1844, and
benefit payments under section 1860D-16 of the Social Security Act, not
anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act (``PHS Act''), and the Clinical
[[Page 123 STAT. 3248]]
Laboratory Improvement Amendments of 1988, not to exceed $3,470,242,000,
to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
of Health and Human Services pursuant to section 302 of the Tax Relief
and Health Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall be credited to
this account and remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $35,681,000, to remain available through September 30,
2011, shall be for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That $65,600,000, to remain
available through September 30, 2011, shall be for the Centers for
Medicare and Medicaid Services (``CMS'') Medicare contracting reform
activities: Provided further, That $55,000,000 shall be available for
the State high risk health insurance pool program as authorized by the
State High Risk Pool Funding Extension <<NOTE: Fees.>> Act of 2006:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2010 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That
$3,100,000 shall be used for the projects, and in the amounts, specified
under the heading ``Program Management'' in the statement of the
managers on the conference report accompanying this Act.
Health Care Fraud and Abuse Control Account
In addition to amounts otherwise available for program integrity and
program management, $311,000,000, to remain available through September
30, 2011, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$220,320,000 shall be for the Medicare Integrity Program at the Centers
for Medicare and Medicaid Services, including administrative costs, to
conduct oversight activities for Medicare Advantage and the Medicare
Prescription Drug Program authorized in title XVIII of the Social
Security Act and for activities listed in section 1893 of such Act; of
which $29,790,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act; of which
$31,100,000 shall be for the Medicaid and Children's Health Insurance
Program (``CHIP'') program integrity activities; and of which
$29,790,000 shall be for the Department of Justice to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act:
Provided, That <<NOTE: Reports.>> the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2010 shall include
measures of the operational efficiency and impact on fraud, waste, and
abuse in the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation.
[[Page 123 STAT. 3249]]
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $3,571,509,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2011,
$1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts available to a
State with respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as amended by
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 shall not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b), (d), and (e) of section
2602 of the Low Income Home Energy Assistance Act of 1981,
$5,100,000,000, of which $4,509,672,000 shall be for payments under
subsections (b) and (d) of such section; and of which $590,328,000 shall
be for payments under subsection (e) of such section, to be made
notwithstanding the designation requirements of such subsection:
Provided, That all but $839,792,000 of the amount provided in this Act
for subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2010 was less than
$1,975,000,000: Provided further, That notwithstanding section
2605(b)(2)(B)(ii) of such Act, a State may use any amount of an
allotment from prior appropriations Acts that is available to that State
for providing assistance in fiscal year 2010, and any allotment from
funds appropriated in this Act or any other appropriations Act for
fiscal year 2010, to provide assistance to households whose income does
not exceed 75 percent of the State median income.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and the Trafficking Victims Protection Act
of 2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture Victims
Relief Act of 1998, $730,928,000, of which
[[Page 123 STAT. 3250]]
up to $9,814,000 shall be available to carry out the Trafficking Victims
Protection Act of 2000: Provided, That funds appropriated under this
heading pursuant to section 414(a) of the Immigration and Nationality
Act, section 462 of the Homeland Security Act of 2002, section 235 of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of 2000 for
fiscal year 2010 shall be available for the costs of assistance provided
and other activities to remain available through September 30, 2012.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990, $2,127,081,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income families:
Provided, That $18,960,000 shall be available for child care resource
and referral and school-aged child care activities, of which $1,000,000
shall be for the Child Care Aware toll-free hotline: Provided further,
That, in addition to the amounts required to be reserved by the States
under section 658G, $271,401,000 shall be reserved by the States for
activities authorized under section 658G, of which $99,534,000 shall be
for activities that improve the quality of infant and toddler care:
Provided further, That $9,910,000 shall be for use by the Secretary of
Health and Human Services for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
children and families services programs
(including transfer of funds)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), sections 330F and 330G of the Public Health
Service Act (``PHS Act''), the Abandoned Infants Assistance Act of 1988,
sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of
title IV and sections 413, 1110, and 1115 of the Social Security Act;
for making payments under the Community Services Block Grant Act (``CSBG
Act''), sections 439(i), 473B, and 477(i) of the Social Security Act,
and the Assets for Independence Act; and for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI,
and XX of the Social Security Act, the Act of July 5, 1960, the Low
Income Home Energy Assistance Act
[[Page 123 STAT. 3251]]
of 1981, title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, and section 505 of the
Family Support Act of 1988, $9,314,532,000, of which $39,500,000, to
remain available through September 30, 2011, shall be for grants to
States for adoption incentive payments, as authorized by section 473A of
the Social Security Act and may be made for adoptions completed before
September 30, 2010: Provided, That $7,234,783,000 shall be for making
payments under the Head Start Act: Provided further, That of funds
appropriated in the American Recovery and Reinvestment Act of 2009 for
Head Start and Early Head Start, only the amount provided to a Head
Start grantee under section 640(a)(3)(A)(i)(I) of the Head Start Act as
a cost of living adjustment may be considered to be part of the fiscal
year 2009 base grant for such grantee for purposes of section
640(a)(2)(B)(i) through (v) of the Head Start Act: Provided further,
That $746,000,000 shall be for making payments under the CSBG Act:
Provided further, That not less than $10,000,000 shall be for section
680(a)(3)(B) of the CSBG Act: Provided further, That in addition to
amounts provided herein, $5,762,000 shall be available from amounts
available under section 241 of the PHS Act to carry out the provisions
of section 1110 of the Social Security Act: Provided further, That to
the extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the CSBG Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: <<NOTE: Procedures. 42 USC 9921
note.>> Provided further, That the Secretary of Health and Human
Services shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of loans,
equity investments and other debt instruments, and program income may be
used by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability.>> That these procedures shall apply to
such grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the CSBG Act
shall be available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by community
development corporations: Provided further, That $17,410,000 shall be
for activities authorized by the Help America Vote Act of 2002, of which
$12,154,000 shall be for payments to States to promote access for voters
with disabilities, and of which $5,256,000 shall be for payments to
States for protection and advocacy systems for voters with disabilities:
Provided further, That $2,000,000 shall be for a human services case
management system for federally declared disasters, to include a
comprehensive national case management contract and Federal costs of
administering the system: Provided further, That up to $2,000,000 shall
be for improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study of the
system's effectiveness: Provided further, That of the funds appropriated
under this
[[Page 123 STAT. 3252]]
heading, $1,000,000 shall be transferred to the National Commission on
Children and Disasters to carry out title VI of division G of Public Law
110-161: Provided further, That $20,785,000 shall be used for the
projects, and in the amounts, specified under the heading ``Children and
Families Services Programs'' in the statement of the managers on the
conference report accompanying this Act.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,311,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,532,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2011, $1,850,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year, such
sums as may be necessary.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, section 398 and title XXIX of the Public Health
Service Act, and section 119 of the Medicare Improvements for Patients
and Providers Act of 2008, $1,516,297,000, of which $5,500,000 shall be
available for activities regarding medication management, screening, and
education to prevent incorrect medication and adverse drug reactions:
Provided, That $5,974,000 shall be used for the projects, and in the
amounts, specified under the heading ``Aging Services Programs'' in the
statement of the managers on the conference report accompanying this
Act.
Office of the Secretary
general departmental management
(including transfer of funds)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, IV, XVII, XX, and XXI of the Public Health Service Act
(``PHS Act''), the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$493,377,000, together with $5,851,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, and $65,211,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services
[[Page 123 STAT. 3253]]
research and evaluation activities: Provided, That of this amount,
$53,891,000 shall be for minority AIDS prevention and treatment
activities; $5,789,000 shall be to assist Afghanistan in the development
of maternal and child health clinics, consistent with section
103(a)(4)(H) of the Afghanistan Freedom Support
Act <<NOTE: Deadline.>> of 2002; and $1,000,000 shall be transferred,
not later than 30 days after enactment of this Act, to the National
Institute of Mental Health to administer the Interagency Autism
Coordinating Committee: Provided further, That all of the funds made
available under this heading for carrying out title XX of the PHS Act
shall be for activities specified under section 2003(b)(1) of such title
XX: Provided further, That of the funds made available under this
heading, $110,000,000 shall be for making competitive contracts and
grants to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal
costs associated with administering and evaluating such contracts and
grants, of which not less than $75,000,000 shall be for replicating
programs that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, of which not less than
$25,000,000 shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy, and of which any remaining
amounts shall be available for training and technical assistance,
evaluation, outreach, and additional program support activities:
Provided further, That of the amounts provided under this heading from
amounts available under section 241 of the PHS Act, $4,455,000 shall be
available to carry out evaluations (including longitudinal evaluations)
of teenage pregnancy prevention approaches: <<NOTE: Embryo adoption.>>
Provided further, That funds provided in this Act for embryo adoption
activities may be used to provide, to individuals adopting embryos,
through grants and other mechanisms, medical and administrative services
deemed necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4): Provided
further, That $1,650,000 shall be used for the projects, and in the
amounts, specified under the heading ``General Departmental Management''
in the statement of the managers on the conference report accompanying
this Act.
office of medicare hearings and appeals
For expenses necessary for administrative law judges responsible for
hearing cases under title XVIII of the Social Security Act (and related
provisions of title XI of such Act), $71,147,000, to be transferred in
appropriate part from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $42,331,000: Provided, That
in addition to amounts provided herein,
[[Page 123 STAT. 3254]]
$19,011,000 shall be available from amounts available under section 241
of the Public Health Service Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$50,279,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary of Health
and Human Services and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228: Provided
further, That at least forty percent of the funds provided in this Act
for the Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the discretionary
programs funded in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights, $37,785,000,
together with not to exceed $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health emergencies
and to pay the costs described in section 319F-2(c)(7)(B) of the Public
Health Service Act (``PHS Act''), $617,942,000; of which $33,065,000
shall be to support preparedness and emergency operations, of which
$5,000,000 shall remain available through September 30, 2011; and of
which $10,000,000, to remain available through September 30, 2011, shall
be to support the delivery of medical countermeasures: Provided, That of
the amount made available herein for the delivery of medical
countermeasures, up to $8,000,000 may be transferred to the U.S. Postal
Service to support delivery of medical countermeasures.
For expenses necessary to support advanced research and development
pursuant to section 319L of the PHS Act, $305,000,000, to be derived by
transfer from funds appropriated under the heading ``Biodefense
Countermeasures'' in the Department of Homeland Security Appropriations
Act, 2004, to remain available through September 30, 2011.
[[Page 123 STAT. 3255]]
For expenses necessary to prepare for and respond to an influenza
pandemic, $354,167,000, of which $276,000,000 shall be available until
expended, for activities including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics, and other
surveillance tools: Provided, That products purchased with these funds
may, at the discretion of the Secretary of Health and Human Services, be
deposited in the Strategic National Stockpile under section 319F-2(a) of
the PHS Act: Provided further, That notwithstanding section 496(b) of
the PHS Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic influenza
vaccines and other biologics, if the Secretary finds such construction
or renovation necessary to secure sufficient supplies of such vaccines
or biologics: Provided further, That funds appropriated herein may be
transferred to other appropriation accounts of the Department of Health
and Human Services, as determined by the Secretary to be appropriate, to
be used for the purposes specified in this paragraph.
All remaining balances from funds appropriated under the heading
``Biodefense Countermeasures'' in the Department of Homeland Security
Appropriations Act, 2004, shall be transferred to this account, and
shall remain available for obligation through September 30, 2013, for
the procurement of medical countermeasures pursuant to section 319F-2(c)
of the PHS Act: Provided, That products purchased with these funds shall
be deposited in the Strategic National Stockpile under section 319F-2(a)
of the PHS Act.
For expenses necessary for fit-out and other costs related to a
competitive lease procurement to renovate or replace the existing
headquarters building for Public Health Service agencies and other
components of the Department of Health and Human Services, $69,585,000,
to remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary of Health and Human
Services.
Sec. 202. The <<NOTE: Government employees. Children and
youth. AIDS.>> Secretary of Health and Human Services shall make
available through assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International Children's
Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 204. None <<NOTE: Reports.>> of the funds appropriated in this
Act may be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the Department
of Health and Human Services, prior to the preparation
[[Page 123 STAT. 3256]]
and submission of a report by the Secretary of Health and Human Services
to the Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human Services
shall determine, but not more than 2.5 percent, of any amounts
appropriated for programs authorized under such Act shall be made
available for the evaluation (directly, or by grants or contracts) of
the implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between a program, project, or activity, but no such program, project,
or activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further,
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes and centers from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That
the <<NOTE: Notification. Deadline.>> Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
the National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research
Office'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 209. None <<NOTE: Certification.>> of the funds appropriated in
this Act may be made available to any entity under title X of the Public
Health Service Act unless the applicant for the award certifies to the
Secretary of Health and Human Services that it encourages family
participation in the decision of minors to seek family planning services
and that it provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the
[[Page 123 STAT. 3257]]
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary of Health and Human Services
denies participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to such an
entity (based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 212.(a) Except <<NOTE: Drugs and drug
abuse. Certification. Deadline. Tobacco and tobacco products. 42
USC 300x-26a.>> as provided by subsection (e) none of the funds
appropriated for fiscal year 2010 or any subsequent fiscal year by this
or any subsequent appropriations Act may be used to withhold substance
abuse funding from a State pursuant to section 1926 of the Public Health
Service Act (``PHS Act'') if such State certifies to the Secretary of
Health and Human Services by May 1 of the fiscal year for which the
funds are appropriated, that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance with
State laws prohibiting the sale of tobacco products to individuals under
18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary under section
1926 of such Act.
(c) The State is to maintain State expenditures in such fiscal year
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for the preceding fiscal year, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The <<NOTE: Reports. Deadline.>> State is to submit a
report to the Secretary on all State obligations of funds for such
fiscal year and all State expenditures for the preceding fiscal year for
tobacco prevention and compliance activities by program activity by July
31 of such fiscal year.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31 of such
fiscal year.
(e) None of the funds appropriated by this or any subsequent
appropriations Act may be used to withhold substance abuse funding
pursuant to section 1926 of the PHS Act from a territory that receives
less than $1,000,000.
Sec. 213. In order for the Department of Health and Human Services
to carry out international health activities, including HIV/AIDS and
other infectious disease, chronic and environmental disease, and other
health activities abroad during fiscal year 2010:
(1) The Secretary of Health and Human Services may exercise
authority equivalent to that available to the Secretary
[[Page 123 STAT. 3258]]
of State in section 2(c) of the State Department Basic
Authorities Act of 1956. The <<NOTE: Consultation.>> Secretary
of Health and Human Services shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 and other
applicable statutes administered by the Department of State.
(2) The Secretary of Health and Human Services is authorized
to provide such funds by advance or reimbursement to the
Secretary of State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and management of
facilities outside of the United States for the use of the
Department of Health and Human Services. The Department of State
shall cooperate fully with the Secretary of Health and Human
Services to ensure that the Department of Health and Human
Services has secure, safe, functional facilities that comply
with applicable regulation governing location, setback, and
other facilities requirements and serve the purposes established
by this Act. The Secretary of Health and Human Services is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary of Health and Human Services is authorized
to provide to personnel appointed or assigned by the Secretary
to serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign Service Act
of 1980, and 22 U.S.C. 4081 through 4086 and subject to such
regulations prescribed by the Secretary. The Secretary is
further authorized to provide locality-based comparability
payments (stated as a percentage) up to the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence for
personnel under this subsection shall be on the same basis as
that provided under subchapter I of chapter 63 of title 5,
United States Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
Sec. 214. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health (``Director'')
may use funds available under section 402(b)(7) or 402(b)(12) of the
Public Health Service Act (``PHS Act'') to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such section
402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such <<NOTE: Applicability.>> procedures shall apply to
such
[[Page 123 STAT. 3259]]
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 215. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and Prevention
(``CDC'') and the Agency for Toxic Substances and Disease Registry
(``ATSDR'') may be transferred to ``Disease Control, Research, and
Training'', to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 216. Notwithstanding <<NOTE: 42 USC 294o note.>> any other
provisions of law, funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
Sec. 217. Not to exceed $35,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $2,500,000 per project.
(transfer of funds)
Sec. 218. Of the amounts made available for the National Institutes
of Health, 1 percent of the amount made available for National Research
Service Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make NRSA awards
for research in primary medical care to individuals affiliated with
entities who have received grants or contracts under section 747 of the
Public Health Service Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the Agency for
Healthcare Research and Quality to make NRSA awards for health service
research.
Sec. 219. By <<NOTE: Deadline. Regulations.>> May 1, 2010, the
Secretary of the Department of Health and Human Services shall amend
regulations at 42 CFR Part 50 Subpart F for the purpose of strengthening
Federal and institutional oversight and identifying enhancements,
including requirements for financial disclosure to institutions,
governing financial conflicts of interest among extramural investigators
receiving grant support from the National Institutes of Health.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2010''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2010.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $15,914,666,000, of which $4,954,510,000 shall become available on
July 1, 2010, and shall remain available through September 30, 2011, and
of which $10,841,176,000 shall become available on October 1, 2010, and
shall remain available
[[Page 123 STAT. 3260]]
through September 30, 2011, for academic year 2010-2011: Provided, That
$6,597,946,000 shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $4,000,000 of these funds shall be
available to the Secretary of Education on October 1, 2009, to obtain
annually updated local educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,365,031,000 shall be
for concentration grants under section 1124A of the ESEA: Provided
further, That $3,264,712,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $3,264,712,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $9,167,000 shall be to carry out sections 1501
and 1503 of the ESEA: Provided further, That $545,633,000 shall be
available for school improvement grants under section 1003(g) of the
ESEA, which shall be allocated by the Secretary through the formula
described in section 1003(g)(2) and shall be used consistent with the
requirements of section 1003(g), except that State and local educational
agencies may use such funds (and funds appropriated for section 1003(g)
under the American Recovery and Reinvestment Act) to serve any school
eligible to receive assistance under part A of title I that has not made
adequate yearly progress for at least 2 years or is in the State's
lowest quintile of performance based on proficiency rates and, in the
case of secondary schools, priority shall be given to those schools with
graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational agency may
establish a maximum subgrant size of not more than $2,000,000 for each
participating school applicable to such funds and to the funds
appropriated for section 1003(g) under the American Recovery and
Reinvestment Act: Provided further, That the ESEA title I, part A funds
awarded to local educational agencies under the American Recovery and
Reinvestment Act of 2009 for fiscal year 2009 shall not be considered
for the purpose of calculating hold-harmless amounts under subsections
1122(c) and 1125A(g)(3) in making allocations under title I, part A for
fiscal year 2010 and succeeding years and, notwithstanding section
1003(e), shall not be considered for the purpose of reserving funds
under section 1003(a): Provided further, That $250,000,000 shall be
available under section 1502 of the ESEA for a comprehensive literacy
development and education program to advance literacy skills, including
pre-literacy skills, reading, and writing, for students from birth
through grade 12, including limited-English-proficient students and
students with disabilities, of which one-half of 1 percent shall be
reserved for the Secretary of the Interior for such a program at schools
funded by the Bureau of Indian Education, one-half of 1 percent shall be
reserved for grants to the outlying areas for such a program,
$10,000,000 shall be reserved for formula grants to States based on each
State's relative share of funds under part A of title I of the ESEA for
fiscal year 2009 (excluding funds awarded under the American Recovery
and Reinvestment Act of 2009), except that no State shall receive less
than $150,000, to establish or support a State Literacy Team with
expertise in literacy development and education for children from birth
through grade 12 to assist the State in developing a comprehensive
literacy plan, up to 5 percent may be reserved for national activities,
and the remainder shall be used to award competitive grants to State
educational agencies for such a program,
[[Page 123 STAT. 3261]]
of which a State educational agency may reserve up to 5 percent for
State leadership activities, including technical assistance and
training, data collection, reporting, and administration, and shall
subgrant not less than 95 percent to local educational agencies or, in
the case of early literacy, to local educational agencies or other
nonprofit providers of early childhood education that partner with a
public or private nonprofit organization or agency with a demonstrated
record of effectiveness in improving the early literacy development of
children from birth through kindergarten entry and in providing
professional development in early literacy, giving priority to such
agencies or other entities serving greater numbers or percentages of
disadvantaged children: Provided further, That the State educational
agency shall ensure that at least 15 percent of the subgranted funds are
used to serve children from birth through age 5, 40 percent are used to
serve students in kindergarten through grade 5, and 40 percent are used
to serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided further,
That eligible entities receiving subgrants from State educational
agencies shall use such funds for services and activities that have the
characteristics of effective literacy instruction through professional
development, screening and assessment, targeted interventions for
students reading below grade level and other research-based methods of
improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,276,183,000, of which $1,138,000,000
shall be for basic support payments under section 8003(b), $48,602,000
shall be for payments for children with disabilities under section
8003(d), $17,509,000 shall be for construction under section 8007(a),
$67,208,000 shall be for Federal property payments under section 8002,
and $4,864,000, to remain available until expended, shall be for
facilities maintenance under section 8008:
Provided, <<NOTE: Eligibility.>> That for purposes of computing the
amount of a payment for an eligible local educational agency under
section 8003(a) for school year 2009-2010, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 8003(a)(1)(B) of such Act, but due to the deployment of both
parents or legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military parent or
legal guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of title VII of
the Elementary and Secondary Education Act of 1965 (``ESEA''); the
McKinney-Vento Homeless Assistance
[[Page 123 STAT. 3262]]
Act; section 203 of the Educational Technical Assistance Act of 2002;
the Compact of Free Association Amendments Act of 2003; part Z of title
VIII of the Higher Education Act (``HEA''); and the Civil Rights Act of
1964, $5,228,444,000, of which $3,363,993,000 shall become available on
July 1, 2010, and remain available through September 30, 2011, and of
which $1,681,441,000 shall become available on October 1, 2010, and
shall remain available through September 30, 2011, for academic year
2010-2011: Provided, That funds made available to carry out part B of
title VII of the ESEA may be used for construction, renovation, and
modernization of any elementary school, secondary school, or structure
related to an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further, That from
the funds referred to in the preceding proviso, not less than $1,500,000
shall be for the activities described in such proviso and $1,500,000
shall be for a grant to the University of Hawaii School of Law for a
Center of Excellence in Native Hawaiian law: Provided further, That from
the funds referred to in the second preceding proviso, $500,000 shall be
for part Z of title VIII of the HEA: Provided further, That funds made
available to carry out part C of title VII of the ESEA may be used for
construction: Provided further, That up to 100 percent of the funds
available to a State educational agency under part D of title II of the
ESEA may be used for subgrants described in section 2412(a)(2)(B) of
such Act: Provided further, That funds made available under this heading
for section 2421 of the ESEA may be used for activities authorized under
section 802 of the Higher Education Opportunity Act: Provided further,
That $56,313,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002: Provided further, That
$34,391,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That no funds appropriated under this heading
may be used to carry out section 5494 under the ESEA: Provided further,
That $17,687,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia and the
Republic of the Marshall Islands: Provided further, That up to 5 percent
of these amounts may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the Supplemental
Education Grants programs and to obtain technical assistance, oversight
and consultancy services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and Human
Services, and Education for such services: Provided further, That
$9,729,000 of the funds available for the Foreign Language Assistance
Program shall be available for 5-year grants to local educational
agencies that would work in partnership with one or more institutions of
higher education to establish or expand articulated programs of study in
languages critical to United States national security that will enable
successful students to advance from elementary school through college to
achieve a superior level of proficiency in those languages: Provided
further, That of the funds available for section 2103(a) of the ESEA,
$5,000,000 shall be available to continue a national school leadership
partnership initiative as described in the statement of the managers on
the conference report accompanying this Act.
[[Page 123 STAT. 3263]]
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $127,282,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, subpart
5 of part A and parts C and D of title II, parts B, C, and D of title V,
and section 1504 of the Elementary and Secondary Education Act of 1965
(``ESEA''), and by part F of title VIII of the Higher Education Act of
1965, $1,389,065,000: Provided, That $10,649,000 shall be provided to
the National Board for Professional Teaching Standards to carry out
section 2151(c) of the ESEA: Provided further, That from funds for
subpart 4, part C of title II of the ESEA, up to 3 percent shall be
available to the Secretary of Education for technical assistance and
dissemination of information: Provided further, That $671,570,000 shall
be available to carry out part D of title V of the ESEA: Provided
further, That $88,791,000 shall be used for the projects, and in the
amounts, specified in the statement of the managers on the conference
report accompanying this Act: Provided further, That $1,000,000 shall be
for a national clearinghouse that will collect and disseminate
information on effective educational practices and the latest research
regarding the planning, design, financing, construction, improvement,
operation, and maintenance of safe, healthy, high-performance public
facilities for nursery and pre-kindergarten, kindergarten through grade
12, and higher education: Provided further, That $400,000,000 of the
funds for subpart 1 of part D of title V of the ESEA shall be for
competitive grants to local educational agencies, including charter
schools that are local educational agencies, or States, or partnerships
of: (1) a local educational agency, a State, or both; and (2) at least
one non-profit organization to develop and implement performance-based
compensation systems for teachers, principals, and other personnel in
high-need schools: Provided further, That such performance-based
compensation systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times during each
school year among other factors and provide educators with incentives to
take on additional responsibilities and leadership roles: Provided
further, That recipients of such grants shall demonstrate that such
performance-based systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may be
developed and used for the entire local educational agency or only for
schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student
achievement: <<NOTE: Financial plan.>> Provided further, That
applications for such grants shall include a plan to sustain financially
the activities conducted and systems developed under the grant once the
grant period has expired: Provided further, That up to 5 percent of such
funds for competitive grants shall be available for technical
assistance, training, peer review of applications, program outreach and
evaluation activities: Provided further, That of the funds available for
part B of title V of the
[[Page 123 STAT. 3264]]
ESEA, the Secretary shall use up to $23,082,000 to carry out activities
under section 5205(b) and under subpart 2: Provided further, That of the
funds available for subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary may reserve up to
$50,000,000 to make multiple awards to non-profit charter management
organizations and other entities that are not for-profit entities for
the replication and expansion of successful charter school models and
shall reserve $10,000,000 to carry out the activities described in
section 5205(a), including by providing technical assistance to
authorized public chartering agencies in order to increase the number of
high-performing charter schools: Provided further,
That <<NOTE: Reports.>> the funds referenced in the preceding proviso
shall not be obligated prior to submission of a report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds: <<NOTE: Plan.>> Provided
further, That each application submitted pursuant to section 5203(a)
shall describe a plan to monitor and hold accountable authorized public
chartering agencies through such activities as providing technical
assistance or establishing a professional development program, which may
include planning, training and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized charter
school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the obligations and responsibilities of
the school and the public chartering agency; conduct annual, timely, and
independent audits of the school's financial statements that are filed
with the school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized public
chartering agencies use increases in student academic achievement for
all groups of students described in section 1111(b)(2)(C)(v) of the ESEA
as the most important factor when determining to renew or revoke a
school's charter: Provided further, That from the funds for subpart 1 of
part D of title V of the ESEA, $12,000,000 shall be for competitive
awards to local educational agencies located in counties in Louisiana,
Mississippi, and Texas that were designated by the Federal Emergency
Management Agency as counties eligible for individual assistance due to
damage caused by Hurricanes Katrina, Ike, or Gustav: Provided further,
That such awards shall be used to improve education in areas affected by
such hurricanes and shall be for such activities as replacing
instructional materials and equipment; paying teacher incentives;
modernizing or renovating or repairing school buildings; beginning or
expanding Advanced Placement or other rigorous courses; supporting the
expansion of charter schools; and supporting after-school or extended
learning time activities.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965,
$393,053,000: Provided, That $224,053,000 shall be
[[Page 123 STAT. 3265]]
available for subpart 2 of part A of title IV, of which $8,212,000 shall
be used for activities authorized under subpart 3 of part D of title V:
Provided further, That $134,000,000 shall be available to carry out part
D of title V: Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $13,383,000 may be used to carry
out section 2345 and $2,957,000 shall be used by the Center for Civic
Education to implement a comprehensive program to improve public
knowledge, understanding, and support of the Congress and the State
legislatures.
English Language Acquisition
For carrying out part A of title III of the Elementary and Secondary
Education Act of 1965, $750,000,000, which shall become available on
July 1, 2010, and shall remain available through September 30, 2011,
except that 6.5 percent of such amount shall be available on October 1,
2009, and shall remain available through September 30, 2011, to carry
out activities under section 3111(c)(1)(C): Provided, That the Secretary
of Education shall use estimates of the American Community Survey child
counts for the most recent 3-year period available to calculate
allocations under such part.
Special Education
For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,587,035,000, of which $3,726,354,000 shall become available on July
1, 2010, and shall remain available through September 30, 2011, and of
which $8,592,383,000 shall become available on October 1, 2010, and
shall remain available through September 30, 2011, for academic year
2010-2011: Provided, That $13,250,000 shall be for Recording for the
Blind and Dyslexic, Inc., to support the development, production, and
circulation of accessible educational materials: Provided further, That
$737,000 shall be for the recipient of funds provided by Public Law 105-
78 under section 687(b)(2)(G) of the IDEA (as in effect prior to the
enactment of the Individuals with Disabilities Education Improvement Act
of 2004) to provide information on diagnosis, intervention, and teaching
strategies for children with disabilities: Provided further, That the
amount for section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year 2009,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less than the
amount for that activity during fiscal year 2009: Provided further, That
the part B and C funds awarded to States under the American Recovery and
Reinvestment Act of 2009 for fiscal year 2009 shall not be considered
for the purposes of calculating State allocations under sections 611,
619, and 643 for fiscal year 2010 and succeeding years: Provided
further, That funds made available for the Special Olympics Sport and
Empowerment Act of 2004 may be used to support expenses associated with
the Special Olympics National and World games.
[[Page 123 STAT. 3266]]
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,506,861,000: Provided, That for
purposes of determining whether a State may administer the Centers for
Independent Living program under section 723 of the Rehabilitation Act,
for fiscal year 2010, the Secretary shall exclude American Recovery and
Reinvestment Act of 2009 funds awarded in fiscal year 2009 from the
calculation of Federal funding allotted under section 721(c) and (d) of
the Rehabilitation Act: Provided further, That $5,095,000 shall be used
for the projects, and in the amounts, specified under the heading
``Rehabilitation Services and Disability Research'' in the statement of
the managers on the conference report accompanying this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,600,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $68,437,000, of which
$5,400,000 shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$123,000,000, of which $5,000,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006, the Adult Education
and Family Literacy Act (``AEFLA''), subpart 4 of part D of title V of
the Elementary and Secondary Education Act of 1965 (``ESEA'') and title
VIII-D of the Higher Education Amendments of 1998, $2,016,447,000, of
which $4,400,000 shall become available on October 1, 2009, and remain
available through September 30, 2011, of which $1,221,047,000 shall
become available on July 1, 2010, and shall remain available through
September 30, 2011, and of which $791,000,000 shall become available on
October 1, 2010, and shall remain available through September 30, 2011:
Provided, That in allocating AEFLA State grants, the Secretary of
Education shall first distribute up to $45,907,000 to those States and
outlying areas that, due to administrative error,
[[Page 123 STAT. 3267]]
were underpaid for fiscal years 2003 through 2008 in the amounts such
States and outlying areas were underpaid: Provided further, That the
Secretary shall not reduce the allocations for those years to the States
and outlying areas that were overpaid through such error, or take other
corrective action with respect to those overpayments: Provided further,
That the additional funds provided to States and outlying areas to
correct the administrative error shall not be considered in determining
the ``hold harmless'' amounts under section 211(f) of the AEFLA for
fiscal year 2011 or subsequent fiscal years: Provided further, That of
the amount provided for Adult Education State Grants, $75,000,000 shall
be made available for integrated English literacy and civics education
services to immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211 of the AEFLA,
65 percent shall be allocated to States based on a State's absolute need
as determined by calculating each State's share of a 10-year average of
the United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence for the 10 most recent
years, and 35 percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which United
States Citizenship and Immigration Services data for immigrants admitted
for legal permanent residence are available, except that no State shall
be allocated an amount less than $60,000: Provided further, That of the
amounts made available for AEFLA, $11,346,000 shall be for national
leadership activities under section 243: Provided further, That
$88,000,000 shall be available to support the activities authorized
under subpart 4 of part D of title V of the ESEA, of which up to 5
percent shall become available on October 1, 2009, and shall remain
available through September 30, 2011, for evaluation, technical
assistance, school networks, peer review of applications, and program
outreach activities, and of which not less than 95 percent shall become
available on July 1, 2010, and remain available through September 30,
2011, for grants to local educational agencies: Provided further, That
funds made available to local educational agencies under this subpart
shall be used only for activities related to establishing smaller
learning communities within large high schools or small high schools
that provide alternatives for students enrolled in large high schools:
Provided further, That the Secretary of Education may use amounts
available under this heading for the necessary costs of any closeout of
the National Institute for Literacy.
Student Financial Assistance
(including deferral of funds)
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, $19,296,809,000, which
shall remain available through September 30, 2011.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2010-2011 shall be $4,860.
Of the funds made available under section 401A(e)(1)(D) of the
Higher Education Act of 1965, $561,000,000 shall not be available until
October 1, 2010.
[[Page 123 STAT. 3268]]
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 4, and 9 of part A, and parts B, C, D, and E of title
IV of the Higher Education Act of 1965, $870,402,000, which shall remain
available until expended.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965
(``HEA''), section 1543 of the Higher Education Amendments of 1992, the
Mutual Educational and Cultural Exchange Act of 1961, title VIII of the
Higher Education Amendments of 1998, part I of subtitle A of title VI of
the America COMPETES Act, and section 117 of the Carl D. Perkins Career
and Technical Education Act of 2006, $2,255,665,000: Provided, That
$9,687,000, to remain available through September 30, 2011, shall be
available to fund fellowships for academic year 2011-2012 under subpart
1 of part A of title VII of the HEA, under the terms and conditions of
such subpart 1: Provided further, That $609,000 shall be for data
collection and evaluation activities for programs under the HEA,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these countries
in the fields of government, the professions, or international
development: Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program evaluation,
national outreach, and information dissemination activities: Provided
further, That notwithstanding any other provision of law, a recipient of
a multi-year award under section 316 of the HEA, as that section was in
effect prior to the date of enactment of the Higher Education
Opportunity Act (``HEOA''), that would have otherwise received a
continuation award for fiscal year 2010 under that section, shall
receive under section 316, as amended by the HEOA, not less than the
amount that such recipient would have received under such a continuation
award: Provided further, That the portion of the funds received under
section 316 by a recipient described in the preceding proviso that is
equal to the amount of such continuation award shall be used in
accordance with the terms of such continuation award: Provided further,
That $1,500,000, to remain available until expended, shall be available
to carry out a scholarship program for the purpose of increasing the
skilled workforce for industrial health and safety occupations,
including mine safety: Provided further, That <<NOTE: Designation.>>
the Secretary of Education shall identify these scholarships as ``Erma
Byrd Scholarships'': <<NOTE: Notice. Federal Register, publication.>>
Provided further, That such scholarships shall be awarded without regard
to an applicant's prior work experience, but the Secretary shall,
notwithstanding section 437 of the General Education Provisions Act and
5 U.S.C. 553, by notice in the Federal Register, establish the
eligibility requirements, service obligations, payback requirements, and
[[Page 123 STAT. 3269]]
other program requirements similar to those specified in section 515 of
the Federal Mine Safety and Health Act as are necessary to implement
such a program: Provided further, That such scholarship funds may be
used to replace a student's expected family contribution, but
institutions accepting such scholarship funds may not use these funds to
supplant existing institutional aid: Provided further, That the
Secretary shall be authorized to accept contributions for such
scholarships from private sources: Provided further, That these funds
shall be used for scholarships for academic year 2010-2011 and may be
available for scholarships in academic year 2011-2012: Provided further,
That $101,507,000 shall be used for the projects, and in the amounts,
specified under the heading ``Higher Education'' in the statement of the
managers on the conference report accompanying this Act: provided
further, That $17,750,000 shall be used for the programs specified under
the ``Fund for the Improvement of Post Secondary Education'' in the
statement of the managers in accordance with the specified sections.
Howard University
For partial support of Howard University, $234,977,000, of which not
less than $3,600,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, $461,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,228,000, as authorized
pursuant to part D of title III of the Higher Education Act of 1965
(``HEA''): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $178,221,000.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $354,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $659,006,000, of which $588,356,000 shall be available
through September 30, 2011: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used for
Statewide data systems that include postsecondary and workforce
information and information on children of all ages: Provided further,
That up to $10,000,000 of the funds available to carry out section 208
of the Educational Technical
[[Page 123 STAT. 3270]]
Assistance Act may be used for State data coordinators and for awards to
public or private organizations or agencies to improve data
coordination, quality, and use.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $456,200,000, of which $8,200,000, to remain available until
expended, shall be for relocation of, and renovation of buildings
occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $103,024,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $60,053,000.
General Provisions
Sec. 301. No <<NOTE: Racial desegregation.>> funds appropriated in
this Act may be used for the transportation of students or teachers (or
for the purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No <<NOTE: Voluntary prayer. Meditation.>> funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but
[[Page 123 STAT. 3271]]
no such appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall not be
used to create any new program or to fund any project or activity for
which no funds are provided in this Act:
Provided <<NOTE: Notification. Deadline.>> further, That the Committees
on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
Elementary and Secondary Education Act.
Sec. 306. None <<NOTE: Evaluation plan.>> of the funds made
available in the sixth proviso under the heading ``Innovation and
Improvement'' in this Act shall be made available for new awards under
the Teacher Incentive Fund prior to the submission of an impact
evaluation plan to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 307. Section 14007 of division A of the American Recovery and
Reinvestment Act of 2009 <<NOTE: Ante, p. 284.>> is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) Purpose of awards.--The Secretary shall make awards to
eligible entities in order to identify, document, and bring to
scale innovative best practices based on demonstrated success,
to allow such eligible entities to--
``(A) expand their work and serve as models for best
practices; and
``(B) work in partnership with the private sector
and the philanthropic community.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (1)(A), (1)(B), (2), and (3), respectively;
(B) in paragraph (1)(A), as so redesignated, by
inserting ``or'' after the semicolon;
(C) by amending paragraph (1)(B), as so
redesignated, to read as follows:
``(B) have demonstrated success in significantly increasing
student academic achievement for all groups of students
described in such section;''; and
(D) in paragraph (3), as so redesignated, by
striking ``they have established partnerships'' and
inserting ``it has established one or more
partnerships'';
(3) in subsection (c), by striking ``paragraphs'' and all
that follows through ``such requirements'' and inserting
``paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the
nonprofit organization has a record of significantly improving
student achievement, attainment, or retention and shall be
considered to have met the requirements of subsection (b)(3) if
it demonstrates that it will meet the requirement relating to
private-sector matching''; and
(4) by adding at the end a new subsection (d) to read as
follows:
``(d) Subgrants.--In the case of an eligible entity that is a
partnership described in subsection (a)(1)(B), the partner serving as
the fiscal agent may make subgrants to one or more of the other entities
in the partnership.''.
[[Page 123 STAT. 3272]]
Sec. 308. Section 307 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2008 <<NOTE: 121 Stat. 2199.>> is amended by striking ``and 2009'' each
place the term occurs and inserting ``through 2011''.
Sec. 309. Section <<NOTE: Applicability. 48 USC 1921d
note.>> 105(f)(1)(B)(ix) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by
substituting ``2010'' for ``2009''.
Sec. 310. Section 14006(c) of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) <<NOTE: Ante, p.
284.>> is amended--
(1) by inserting ``(1) In general.--'' before ``Each
State''; and
(2) by adding a new paragraph (2) at the end to read as
follows:
``(2) Exception.--Paragraph (1) does not apply to grants
made by the Secretary to consortia of States to develop academic
assessments that are aligned with academic standards.''.
This title may be cited as the ``Department of Education
Appropriations Act, 2010''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,396,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (``the Corporation'') to carry out the Domestic
Volunteer Service Act of 1973 (``1973 Act'') and the National and
Community Service Act of 1990 (``1990 Act''), $857,021,000, of which
$319,974,000 shall be to carry out the 1973 Act and $537,047,000 shall
be to carry out the 1990 Act and notwithstanding sections 198B(b)(3),
198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That
of the amounts provided under this heading: (1) up to 1 percent of
program grant funds may be used to defray the costs of conducting grant
application reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $50,000,000 shall be
available for expenses authorized under section 501(a)(4)(E) of the 1990
Act; (3) $7,500,000 shall be available for expenses to carry out
sections 112(e), 179A, and 198O and subtitle J of title I of the 1990
Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $5,000,000
shall be available for grants to public or private nonprofit
institutions to increase the participation of individuals with
disabilities in national service and for demonstration activities in
furtherance of this purpose, notwithstanding section 129(k)(1) of the
1990 Act; (5) $17,000,000 shall be available to provide assistance to
State commissions on
[[Page 123 STAT. 3273]]
national and community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (6) $29,000,000
shall be available to carry out subtitle E of the 1990 Act; and (7)
$4,000,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by the Corporation on a competitive basis
to State commissions.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust established
under subtitle D of title I of the National and Community Service Act of
1990 (``1990 Act''), $197,000,000, to remain available until expended:
Provided, That the Corporation for National and Community Service may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without regard to
the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the National and Community Service Act of 1990 and under
section 504(a) of the Domestic Volunteer Service Act of 1973, including
payment of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official reception and representation
expenses, $88,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,700,000.
administrative provisions
Sec. 401. The <<NOTE: Notice. Public comment.>> Corporation for
National and Community Service (``the Corporation'') shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2010,
during any grant selection process, an officer or employee of the
Corporation shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly, to any
person other than an officer or employee of the Corporation that is
authorized by the Corporation to receive such information.
Sec. 402. AmeriCorps <<NOTE: Requirements. 42 USC 12571
note.>> programs receiving grants under the National Service Trust
program shall meet an overall minimum share requirement of 24 percent
for the first 3 years that they receive AmeriCorps funding, and
thereafter shall meet the overall
[[Page 123 STAT. 3274]]
minimum share requirement as provided in section 2521.60 of title 45,
Code of Federal Regulations, without regard to the operating costs match
requirement in section 121(e) or the member support Federal share
limitations in section 140 of the National and Community Service Act of
1990, and subject to partial waiver consistent with section 2521.70 of
title 45, Code of Federal Regulations.
Sec. 403. Donations made to the Corporation for National and
Community Service under section 196 of the National and Community
Service Act of 1990 (``1990 Act'') for the purposes of financing
programs and operations under titles I and II of the 1973 Act or
subtitle B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by that
Act, for the fiscal year 2012, $445,000,000: Provided, That none of the
funds made available to the Corporation by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds made available to the Corporation by this Act shall be available
or used to aid or support any program or activity from which any person
is excluded, or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex: Provided
further, <<NOTE: Political test.>> That none of the funds made available
to the Corporation by this Act shall be used to apply any political test
or qualification in selecting, appointing, promoting, or taking any
other personnel action with respect to officers, agents, and employees
of the Corporation: Provided further, That none of the funds made
available to the Corporation by this Act shall be used to support the
Television Future Fund or any similar purpose. In addition, for payment
to the Corporation for fiscal year 2010, $86,000,000 as follows:
(1) $25,000,000 <<NOTE: Deadline.>> shall be for fiscal
stabilization grants to public radio and television licensees,
with no deduction for administrative or other costs of the
Corporation, to maintain local programming and services and
preserve jobs threatened by declines in non-Federal revenues due
to the downturn in the economy, to be awarded no later than 45
days after enactment of this Act;
(2) $36,000,000 shall be for costs related to digital
program production, development, and distribution associated
with the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation in
consultation with public radio and television licensees or
permittees, or their designated representatives; and
(3) $25,000,000 is available pursuant to section 396(k)(10)
of the Communications Act of 1934 for replacement and upgrade of
the public radio interconnection system.
[[Page 123 STAT. 3275]]
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $46,652,000,
including $349,000 for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training activities
and other conflict resolution services and technical assistance,
including those provided to foreign governments and international
organizations, and for arbitration services shall be credited to and
merged with this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be available
only for education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $10,358,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$282,251,000, of which $16,382,000 shall be used for the projects, and
in the amounts, specified under the heading ``Office of Museum and
Library Services: Grants and Administration'' in the statement of the
managers on the conference report accompanying this Act.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,800,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
[[Page 123 STAT. 3276]]
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,271,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $283,400,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,463,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $11,712,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $64,000,000, which
shall include amounts becoming available in fiscal year 2010 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
[[Page 123 STAT. 3277]]
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2011, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $109,073,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,186,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,404,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$34,742,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2011, $16,000,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $45,000 for official reception and
representation expenses, not more than $10,800,500,000 may
[[Page 123 STAT. 3278]]
be expended, as authorized by section 201(g)(1) of the Social Security
Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $2,300,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2010 not needed
for fiscal year 2010 shall remain available until expended to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That reimbursement to the trust funds
under this heading for expenditures for official time for employees of
the Social Security Administration pursuant to 5 U.S.C. 7131, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the first paragraph, not less than
$273,000,000 shall be available for the cost associated with conducting
continuing disability reviews under titles II and XVI of the Social
Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act.
In addition to the amounts made available above, and subject to the
same terms and conditions, $485,000,000, for additional continuing
disability reviews and redeterminations of eligibility, of which, upon a
determination by the Office of the Chief Actuary that such initiative
would be at least as cost effective as redeterminations of eligibility,
up to $34,000,000 shall be available for one or more initiatives to
improve asset verification: <<NOTE: Reports.>> Provided, That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these
additional amounts, similar to the reports that were required by section
103(d)(2) of Public Law 104-121 for fiscal years 1996 through 2002.
In addition, $160,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2010
exceed $160,000,000, the amounts shall be available in fiscal year 2011
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$29,000,000, together with not to exceed $73,682,000, to be transferred
and expended as authorized by section 201(g)(1) of
[[Page 123 STAT. 3279]]
the Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided,That <<NOTE: Notice.>> notice of
such transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No <<NOTE: Lobbying.>> part of any appropriation
contained in this Act shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, radio, television, or video
presentation designed to support or defeat legislation pending before
the Congress or any State legislature, except in presentation to the
Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $22,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and expenses''.
Sec. 505. None <<NOTE: Needle distribution.>> of the funds contained
in this Act may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal
[[Page 123 STAT. 3280]]
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None <<NOTE: Abortion.>> of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) <<NOTE: Abortion.>> The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) None <<NOTE: Human embryos.>> of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
[[Page 123 STAT. 3281]]
in utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 510. (a) <<NOTE: Drugs and drug abuse.>> None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established under section 202 of
the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 511. None <<NOTE: Health and health care.>> of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 512. None <<NOTE: Contracts.>> of the funds made available in
this Act may be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such <<NOTE: Reports.>> entity has not submitted a
report as required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514. None <<NOTE: Certifications.>> of the funds made available
by this Act to carry out the Library Services and Technology Act may be
made available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children's Internet Protection Act,
unless such library has made the certifications required by paragraph
(4) of such section.
Sec. 515. None <<NOTE: Certifications.>> of the funds made available
by this Act to carry out part D of title II of the Elementary and
Secondary Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a) of such
Act, as amended by the Children's Internet Protection Act and the No
Child Left Behind Act, unless the local educational agency with
responsibility for such covered school has made the certifications
required by paragraph (2) of such section.
Sec. 516. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded
[[Page 123 STAT. 3282]]
by this Act that remain available for obligation or expenditure in
fiscal year 2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2010, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 517. (a) <<NOTE: Political disclosures.>> None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) <<NOTE: Scientific information.>> None of the funds made
available in this Act may be used to disseminate scientific information
that is deliberately false or misleading.
Sec. 518. Within <<NOTE: Deadline. Operating plan.>> 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2010
that are different than those specified in this Act, the accompanying
detailed table in the statement of the managers on the conference report
accompanying this Act, or the fiscal year 2010 budget request.
[[Page 123 STAT. 3283]]
Sec. 519. The <<NOTE: Reports.>> Secretaries of Labor, Health and
Human Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants, and
cooperative agreements exceeding $500,000 in value and awarded by the
Department on a non-competitive basis during each quarter of fiscal year
2010, but not to include grants awarded on a formula basis or directed
by law. Such report shall include the name of the contractor or grantee,
the amount of funding, the governmental purpose, including a
justification for issuing the award on a non-competitive basis.
Such <<NOTE: Deadline.>> report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 520. Section 8103(b) of Public Law <<NOTE: 29 USC 206
note.>> 110-28 is amended--
(1) in paragraph (1)(B), by inserting before the semicolon
the following: ``, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30''; and
(2) in paragraph (2)(C), by inserting before the period the
following: ``, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30''.
Sec. 521. None <<NOTE: Claims.>> of the funds appropriated in this
Act shall be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim for
credit for a quarter of coverage based on work performed under a social
security account number that is not the claimant's number and the
performance of such work under such number has formed the basis for a
conviction of the claimant of a violation of section 208(a)(6) or (7) of
the Social Security Act.
Sec. 522. None <<NOTE: Mexico.>> of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 523. None of the funds made available in this Act may be used
in contravention of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
Sec. 524. (a) In General.--Strike subparagraphs (B) and (C) that
appear within section 426(b) of division J of the Consolidated
Appropriations Act, 2005 (Public Law 108-447) <<NOTE: 8 USC 1356.>> and
insert the following:
``(B) Secretary of homeland security.--One-third of
the amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the
Secretary of Homeland Security until expended for
programs and activities to prevent and detect
immigration benefit fraud, including fraud with respect
to petitions filed under paragraph (1) or (2)(A) of
section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H) or (L) of section
101(a)(15).
``(C) Secretary of labor.--One-third of the amounts
deposited into the Fraud Prevention and Detection
Account
[[Page 123 STAT. 3284]]
shall remain available to the Secretary of Labor until
expended for wage and hour enforcement programs and
activities otherwise authorized to be conducted by the
Secretary of Labor that focus on industries likely to
employ nonimmigrants, including enforcement programs and
activities described in section 212(n) and enforcement
programs and activities related to section
214(c)(14)(A)(i).''
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act.
Sec. 525. None <<NOTE: 8 USC 1356 note.>> of the funds made
available in this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.124 of title 41, Code of Federal Regulations.
Sec. 526. Specific <<NOTE: Earmarks.>> projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-220) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
Sec. 527. None <<NOTE: Contracts. Certification.>> of the funds
appropriated or otherwise made available by this Act may be used to
enter into a contract in an amount greater than $5,000,000 or to award a
grant in excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2010''.
DIVISION E-- <<NOTE: Military Construction and Veterans Affairs and
Related Agencies Appropriations Act, 2010.>> MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $3,719,419,000, to remain available until September 30, 2014,
of which $350,000,000 shall be for trainee troop housing
facilities: <<NOTE: Determination. Notification.>> Provided, That of
this amount,
[[Page 123 STAT. 3285]]
not to exceed $200,519,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons <<NOTE: Deadline. Expenditure
plan.>> therefor: Provided further, That, not later than 30 days after
the date of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for trainee troop housing
facilities: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Army'' and under
the headings ``Army'' in the table entitled ``Military Construction'' in
the explanatory statement of managers to accompany this Act.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $3,769,003,000, to remain available until September 30,
2014: Provided, <<NOTE: Determination. Notification.>> That of this
amount, not to exceed $179,652,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Navy and
Marine Corps'' and under the headings ``Navy'' in the table entitled
``Military Construction'' in the explanatory statement of managers to
accompany this Act.
Military Construction, Air Force
(including rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,450,426,000, to remain available until September 30,
2014: <<NOTE: Determination. Notification.>> Provided, That of this
amount, not to exceed $103,562,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Air
Force'' and under the headings ``Air Force'' in the table entitled
``Military Construction'' in the explanatory statement of managers
[[Page 123 STAT. 3286]]
to accompany this Act: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law 110-329,
$37,500,000 are hereby rescinded.
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$3,093,679,000, to remain available until September 30, 2014: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to
which <<NOTE: Determination. Notification.>> transferred: Provided
further, That of the amount appropriated, not to exceed $131,942,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor: Provided further, That of
the amount appropriated, notwithstanding any other provision of law, not
to exceed $41,400,000 shall be available for payments to the North
Atlantic Treaty Organization for the planning, design, and construction
of a new North Atlantic Treaty Organization headquarters: Provided
further, That the amount appropriated in this paragraph shall be for the
projects and activities, and in the amounts, specified under the heading
``Military Construction, Defense-Wide'' and under the headings
``Defense-Wide'' in the table entitled ``Military Construction'' in the
explanatory statement of managers to accompany this Act: Provided
further, That of the funds appropriated for ``Military Construction,
Defense-Wide'' under Public Law 110-329, $151,160,000 are hereby
rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $582,056,000, to remain available until September
30, 2014, of which $30,000,000 shall be for critical unfunded
requirements: <<NOTE: Determination. Notification.>> Provided, That of
the amount appropriated, not to exceed $47,429,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Army National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons
therefor: <<NOTE: Deadline. Expenditure plan.>> Provided further, That,
not later than 30 days after the date of the enactment of this Act, the
Director of the Army National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for the
funds provided for critical unfunded
[[Page 123 STAT. 3287]]
requirements: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Army National
Guard'' and under the headings ``Army National Guard'' in the table
entitled ``Military Construction'' in the explanatory statement of
managers to accompany this Act.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $371,226,000, to remain available until September
30, 2014, of which $30,000,000 shall be for critical unfunded
requirements: <<NOTE: Determination. Notification.>> Provided, That of
the amount appropriated, not to exceed $20,021,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Air National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons
therefor: <<NOTE: Deadline. Expenditure plan.>> Provided further, That,
not later than 30 days after the date of the enactment of this Act, the
Director of the Air National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for the
funds provided for critical unfunded requirements: Provided further,
That the amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Military Construction, Air National Guard'' and under the headings
``Air National Guard'' in the table entitled ``Military Construction''
in the explanatory statement of managers to accompany this Act.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $431,566,000, to remain
available until September 30, 2014, of which $30,000,000 shall be for
critical unfunded requirements: <<NOTE: Determination. Notification.>>
Provided, That of the amount appropriated, not to exceed $22,716,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That, <<NOTE: Deadline. Expenditure plan.>> not later than 30
days after the date of the enactment of this Act, the Chief of Army
Reserve shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for the funds provided for critical
unfunded requirements: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Army
Reserve'' and under the headings ``Army Reserve'' in the table entitled
``Military Construction'' in the explanatory statement of managers to
accompany this Act.
[[Page 123 STAT. 3288]]
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $125,874,000, to remain available until September
30, 2014, of which $20,000,000 shall be for critical unfunded
requirements of the Navy Reserve and $35,000,000 shall be for critical
unfunded requirements of the Marine Forces Reserve: Provided,
That <<NOTE: Determination. Notification.>> of the amount appropriated,
not to exceed $2,951,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That, <<NOTE: Deadline. Expenditure
plan.>> not later than 30 days after the date of the enactment of this
Act, the Chief of Navy Reserve and the Commander, Marine Forces Reserve
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for the funds provided for critical
unfunded requirements: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Navy
Reserve'' and under the headings ``Navy Reserve'' in the table entitled
``Military Construction'' in the explanatory statement of managers to
accompany this Act.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $112,269,000, to
remain available until September 30, 2014, of which $55,000,000 shall be
for critical <<NOTE: Determination. Notification.>> unfunded
requirements: Provided, That of the amount appropriated, not to exceed
$3,869,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That, <<NOTE: Deadline. Expenditure plan.>> not later than 30
days after the date of the enactment of this Act, the Chief of Air Force
Reserve shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for the funds provided for critical
unfunded requirements: Provided further, That the amount appropriated
in this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Air Force
Reserve'' and under the headings ``Air Force Reserve'' in the table
entitled ``Military Construction'' in the explanatory statement of
managers to accompany this Act.
[[Page 123 STAT. 3289]]
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $197,414,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $273,236,000, to remain available
until September 30, 2014: Provided, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing Construction, Army'' in the
table entitled ``Military Construction'' in the explanatory statement of
managers to accompany this Act.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $523,418,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $146,569,000, to remain
available until September 30, 2014: Provided, That the amount
appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Family Housing
Construction, Navy and Marine Corps'' in the table entitled ``Military
Construction'' in the explanatory statement of managers to accompany
this Act.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $368,540,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $66,101,000, to remain available until
September 30, 2014: Provided, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Family
[[Page 123 STAT. 3290]]
Housing Construction, Air Force'' in the table entitled ``Military
Construction'' in the explanatory statement of managers to accompany
this Act.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $502,936,000.
Family Housing Construction, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $2,859,000, to remain
available until September 30, 2014: Provided, That the amount
appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Family Housing
Construction, Defense-Wide'' in the table entitled ``Military
Construction'' in the explanatory statement of managers to accompany
this Act.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $49,214,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,600,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), as amended by section 1001 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 194),
$323,225,000, to remain available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $151,541,000,
to remain available until September 30, 2014, which shall be only for
the Assembled Chemical Weapons Alternatives program: Provided, That the
amount appropriated in
[[Page 123 STAT. 3291]]
this paragraph shall be for the projects and activities, and in the
amounts, specified under the headings ``Chemical Demilitarization
Construction, Defense-Wide'' in the table entitled ``Military
Construction'' in the explanatory statement of managers to accompany
this Act.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $496,768,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $7,455,498,000, to
remain <<NOTE: Notification. Deadline.>> available until expended:
Provided, That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to obligating an
amount for a construction project that exceeds or reduces the amount
identified for that project in the most recently submitted budget
request for this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply to projects
costing less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and exceeding the
minor construction threshold under section 2805 of title 10, United
States Code.
Administrative Provisions
Sec. 101. None <<NOTE: Contracts.>> of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds <<NOTE: Certification.>> made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
[[Page 123 STAT. 3292]]
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None <<NOTE: Notification.>> of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None <<NOTE: Steel.>> of the funds made available in this
title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None <<NOTE: Notification.>> of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None <<NOTE: Contracts. Japan.>> of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. None <<NOTE: Contracts. Kwajalein Atoll.>> of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The <<NOTE: Notification. Military
exercise. Deadline.>> Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
[[Page 123 STAT. 3293]]
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 118. (a) <<NOTE: Deadline. Reports. Classified information. 22
USC 1928 note.>> The Secretary of Defense, in consultation with the
Secretary of State, shall submit to the Committees on Appropriations of
both Houses of Congress, by February 15 of each year, an annual report
in unclassified and, if necessary, classified form, on actions taken by
the Department of Defense and the Department of State during the
previous fiscal year to encourage host countries to assume a greater
share of the common defense burden of such countries and the United
States.
(b) The report under subsection (a) shall include a description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of the
United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed to
NATO by host countries, in dollars and in terms of the percent
of the total NATO budget.
(c) In <<NOTE: Definition.>> this section, the term ``host country''
means other member countries of NATO, Japan, South Korea, and United
States allies bordering the Arabian Sea.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged
[[Page 123 STAT. 3294]]
with, and to be available for the same purposes and the same time period
as that account.
(including transfer of funds)
Sec. 120. Subject <<NOTE: Deadlines. Notifications.>> to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883, of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That appropriations
made available to the Funds shall be available to cover the costs, as
defined in section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of Defense
pursuant to the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 121. (a) <<NOTE: Deadline. Contracts. Notice.>> Not later than
60 days before issuing any solicitation for a contract with the private
sector for military family housing the Secretary of the military
department concerned shall submit to the Committees on Appropriations of
both Houses of Congress the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments) proposed
to be made by the Secretary to the private party under the contract
involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(including transfer of funds)
Sec. 122. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C.
[[Page 123 STAT. 3295]]
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the fund
to which transferred.
Sec. 123. Notwithstanding <<NOTE: 10 USC 2821 note.>> any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: <<NOTE: Deadlines. Notifications.>> Provided,
That not more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters without
30 days prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated at
the time of the budget submission: <<NOTE: Reports. Deadline.>> Provided
further, That the Under Secretary of Defense (Comptroller) is to report
annually to the Committees on Appropriations of both Houses of Congress
all operation and maintenance expenditures for each individual general
or flag officer quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 125. None of <<NOTE: Certification.>> the funds made available
in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to carry out a military construction, land acquisition, or
family housing project at or for a military installation approved for
closure, or at a military installation for the purposes of supporting a
function that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such
a project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new
mission or function that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the United
States of cancelling such project, or if the project is at an active
component base that shall be established as an enclave or in the case of
projects having multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project. The
Secretary of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use such
funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section
shall not apply to military construction projects, land acquisition, or
family housing projects for which the project is vital to the national
security or the protection of health, safety,
[[Page 123 STAT. 3296]]
or environmental quality: Provided,
That <<NOTE: Notification. Deadline.>> the Secretary of Defense shall
notify the congressional defense committees within seven days of a
decision to carry out such a military construction project.
(including transfer of funds)
Sec. 126. During <<NOTE: Time period. Determination.>> the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 127. None <<NOTE: Colorado.>> of the funds appropriated or
otherwise made available in this title may be used for any action that
is related to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
Sec. 128. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in the explanatory statement of managers to
accompany this Act and in the guidance for military construction
reprogrammings and notifications contained in Department of Defense
Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of
December 1996, as in effect on the date of enactment of this Act.
Sec. 129. Of the funds made available in this title, the following
accounts are hereby reduced in the following amounts to reflect adjusted
inflation and bid savings projections: ``Military Construction, Army'',
$230,000,000; ``Military Construction, Navy and Marine Corps'',
$235,000,000; and ``Military Construction, Air Force'', $64,091,000.
Sec. 130. Of the funds made available under the following headings
in Public Law 110-329, the following amounts associated with unobligated
balances are hereby rescinded: ``Military Construction, Army'',
$33,000,000; ``Military Construction, Navy and Marine Corps'',
$51,468,000; ``Military Construction, Defense-Wide'', $93,268,000;
``Military Construction, Army National Guard'', $33,000,000; and
``Military Construction, Air National Guard'', $7,000,000.
[[Page 123 STAT. 3297]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$47,396,106,000, to remain available until expended: Provided, That not
to exceed $29,283,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'', ``Medical support
and compliance'', and ``Information technology systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 51, 53, 55, and 61 of title 38, United States Code, $9,232,369,000,
to remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $49,288,000, to remain available until
expended.
[[Page 123 STAT. 3298]]
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That during fiscal year 2010, within the resources available,
not to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $165,082,000.
vocational rehabilitation loans program account
For the cost of direct loans, $29,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,298,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $328,000, which may be paid to the appropriation
for ``General operating expenses''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $664,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of chapter
20 of title 38, United States Code, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating expenses'' and
``Medical support and compliance'' may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries and expenses
of health care employees hired under title 38, United States Code, and
aid to State homes as authorized by section 1741 of title 38, United
States Code; $71,843,500,000,
[[Page 123 STAT. 3299]]
plus reimbursements, of which $37,136,000,000 shall become available on
October 1, 2010, and shall remain available until September 30, 2011:
Provided, That, of the amount made available under this heading for
fiscal year 2010, not to exceed $1,015,000,000 shall remain available
until September 30, 2011: <<NOTE: Priorities.>> Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: <<NOTE: Priorities.>> Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1 through 6:
Provided <<NOTE: Drugs and drug abuse. Requirements.>> further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That for the
Department of Defense/Department of Veterans Affairs Health Care Sharing
Incentive Fund, as authorized by section 8111(d) of title 38, United
States Code, a minimum of $15,000,000 shall remain available until
expended for any purpose authorized by section 8111 of title 38, United
States Code.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$10,237,000,000, plus reimbursements, of which $5,307,000,000 shall
become available on October 1, 2010, and shall remain available until
September 30, 2011: Provided, That, of the amount made available under
this heading for fiscal year 2010, not to exceed $145,000,000 shall
remain available until September 30, 2011.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services, $10,599,000,000, plus
reimbursements, of which $5,740,000,000 shall become available on
October 1, 2010, and shall remain available until September 30, 2011:
Provided, That, of the amount made
[[Page 123 STAT. 3300]]
available under this heading for fiscal year 2010, not to exceed
$145,000,000 shall remain available until September 30, 2011: Provided
further, That, of the amount available for fiscal year 2010,
$130,000,000 for non-recurring maintenance shall be allocated in a
manner not subject to the Veterans Equitable Resource Allocation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $581,000,000, plus reimbursements, shall remain
available until September 30, 2011.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,000,000, of which not to exceed
$24,200,000 shall remain available until September 30, 2011.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $2,086,707,000:
Provided, <<NOTE: Determination.>> That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of
Veterans Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum independence
in daily living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at not less
than $1,689,207,000: Provided further, That of the funds made available
under this heading, not to exceed $111,000,000 shall remain available
until September 30, 2011: Provided further, That from the funds made
available under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two passenger
motor vehicles for use in operations of that Administration in Manila,
Philippines.
information technology systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information
[[Page 123 STAT. 3301]]
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,307,000,000, plus reimbursements, shall remain available until
September 30, 2011: <<NOTE: Expenditure plan.>> Provided, That none of
the funds made available under this heading may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget; (2) complies with the Department of Veterans
Affairs enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal
Government: <<NOTE: Deadline. Submission.>> Provided further, That not
later than 30 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming base letter
which sets forth, by project, the operations and maintenance costs, with
salary expenses separately designated, and development costs to be
carried out utilizing amounts made available under this heading:
Provided further, <<NOTE: Certification.>> That of the amounts made
available under this heading, $800,485,000 may not be obligated or
expended until the Secretary of Veterans Affairs or the Chief
Information Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a certification
of the amounts, in parts or in full, to be obligated and expended for
each development project.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $109,000,000, of which
$6,000,000 shall remain available until September 30, 2011.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $1,194,000,000, to
remain available until expended, of which $16,000,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
[[Page 123 STAT. 3302]]
That except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and funds provided for the purchase of
land for the National Cemetery Administration through the land
acquisition line item, none of the funds made available under this
heading shall be used for any project which has not been approved by the
Congress in the budgetary <<NOTE: Contracts. Deadlines.>> process:
Provided further, That funds made available under this heading for
fiscal year 2010, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by September 30, 2010;
and (2) by the awarding of a construction contract by September 30,
2011: Provided further, That <<NOTE: Reports.>> the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That of the funds made available under this heading,
$933,030,000 shall be for the projects and activities, and in the
amounts, specified under this heading in the explanatory statement of
managers to accompany this Act.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$703,000,000, to remain available until expended, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1) repairs
to any of the nonmedical facilities under the jurisdiction or for the
use of the Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
[[Page 123 STAT. 3303]]
8131 through 8137 of title 38, United States Code, $100,000,000, to
remain available until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or improving
State veterans cemeteries as authorized by section 2408 of title 38,
United States Code, $46,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2010 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: <<NOTE: Time period.>> Provided, That before
a transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2010, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the
accounts: <<NOTE: Notification.>> Provided, That any transfers between
the ``Medical services'' and ``Medical support and compliance'' accounts
of 1 percent or less of the total amount appropriated to the account in
this or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical services''
and ``Medical support and compliance'' accounts in excess of 1 percent,
or exceeding the cumulative 1 percent for the fiscal year, may take
place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That any transfers
to or from the ``Medical facilities'' account may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and ``Construction,
minor projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
[[Page 123 STAT. 3304]]
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2009.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding <<NOTE: Reimbursement.>> any other
provision of law, during fiscal year 2010, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General operating
expenses'' and ``Information technology systems'' accounts for the cost
of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program during fiscal
year 2010 that are available for dividends in that program after claims
have been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That <<NOTE: Determination.>> the
Secretary shall determine the cost of administration for fiscal year
2010 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department
[[Page 123 STAT. 3305]]
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States
Code, for all services provided at rates which will recover actual costs
but not exceed $35,257,000 for the Office of Resolution Management and
$3,287,000 for the Office of Employment and Discrimination Complaint
Adjudication: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General operating
expenses'' and ``Information technology systems'' accounts for use by
the office that provided the service.
Sec. 211. No <<NOTE: Contracts. Reports. Deadline.>> appropriations
in this title shall be available to enter into any new lease of real
property if the estimated annual rental cost is more than $1,000,000,
unless the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30 days
following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects'' and
``Construction, minor projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, major projects''
and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
[[Page 123 STAT. 3306]]
Sec. 216. The <<NOTE: Native Americans.>> Secretary of Veterans
Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with
the Indian Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with the Indian
Health Service under the Indian Self Determination and Educational
Assistance Act, to provide healthcare, including behavioral health and
dental care. The <<NOTE: Requirements. Regulations.>> Secretary shall
require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the
Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean
those lands sited within the external boundaries of the Alaska Native
regions specified in sections 7(a)(1)-(4) and (7)-(12) of the Alaska
Native Claims Settlement Act, as amended (43 U.S.C. 1606), and those
lands within the Alaska Native regions specified in sections 7(a)(5) and
7(a)(6) of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), which are not within the boundaries of the Municipality of
Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough
or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The <<NOTE: Reports. Deadlines.>> Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress a quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2010, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 221. Amounts made available for the ``Information technology
systems'' account may be transferred <<NOTE: Time period.>> between
projects: Provided, That no project may be increased or decreased by
more than $1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a period of 30
days has elapsed.
Sec. 222. (a) Upon <<NOTE: Determination.>> a determination by the
Secretary of Veterans Affairs that such action is in the national
interest, and will have
[[Page 123 STAT. 3307]]
a direct benefit for veterans through increased access to treatment, the
Secretary of Veterans Affairs may transfer not more than $5,000,000 to
the Secretary of Health and Human Services for the Graduate Psychology
Education Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related
disorders.
(b) The Secretary of Health and Human Services may only use funds
transferred under this section for the purposes described in subsection
(a).
(c) The <<NOTE: Notification.>> Secretary of Veterans Affairs shall
notify Congress of any such transfer of funds under this section.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109-
115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 224. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2010, in this Act or any other Act,
under the ``Medical facilities'' account for non-recurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after <<NOTE: Waiver
authority. Notice.>> providing written notice to the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Section 1925(d)(3) of title 38, United States Code, is
amended by striking ``appropriation `General Operating Expenses,
Department of Veterans Affairs' '' and inserting ``appropriations for
`General Operating Expenses and Information Technology Systems,
Department of Veterans Affairs' ''.
Sec. 226. Section 1922(a) of title 38, United States Code, is
amended by striking ``administrative costs to the Government for the
costs of'' and inserting ``administrative support financed by the
appropriations for `General Operating Expenses, Department of Veterans
Affairs' and `Information Technology Systems, Department of Veterans
Affairs' for''.
Sec. 227. (a) Effective October 1, 2010, the North Chicago Veterans
Affairs <<NOTE: Effective date. Federal buildings and
facilities. Illinois.>> Medical Center located in Lake County, Illinois,
shall be known and designated as the ``Captain James A. Lovell Federal
Health Care Center''.
(b) Any reference to the medical center referred to in subsection
(a) in any law, regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the Captain James
A. Lovell Federal Health Care Center.
Sec. 228. Section 315(b) of title 38, United States Code, is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
Sec. 229. Section 1714(c) of title 38, United States Code is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
[[Page 123 STAT. 3308]]
``(3) service dogs trained for the aid of persons with
mental illnesses, including post-traumatic stress disorder, to
veterans with such illnesses who are enrolled under section 1705
of this title.''.
Sec. 230. (a) <<NOTE: Effective date. Federal buildings and
facilities. Kentucky.>> The Department of Veterans Affairs Medical
Center in Louisville, Kentucky, and any successor to such medical
center, shall after the date of the enactment of this Act be known and
designated as the ``Robley Rex Department of Veterans Affairs Medical
Center''.
(b) Any reference in any law, regulation, map, document, record, or
other paper of the United States to the medical center referred to in
subsection (a) shall be considered to be a reference to the Robley Rex
Department of Veterans Affairs Medical Center.
Sec. 231. (a) Section 2703(b) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 469), as amended by
section 231 of the Military Construction and Veterans Affairs and
Related Agencies Appropriations Act, 2009 (division E of Public Law 110-
329; 122 Stat. 3713), is further amended by inserting after ``the City
of Gulfport'' the following: ``, or its urban renewal agency,''.
(b) The Secretary of Veterans Affairs shall take appropriate actions
to modify the quitclaim deeds executed to effectuate the conveyance
authorized by section 2703 of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006,
in order to accurately reflect and memorialize the amendment made by
subsection (a).
Sec. 232. Of the amounts appropriated or otherwise made available
by this title, the Secretary may execute $5,000,000 for cooperative
agreements with State and local government entities or their designees
with a demonstrated record of serving veterans to conduct outreach to
ensure that veterans in underserved areas receive the care and benefits
for which they are eligible.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $62,675,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be
[[Page 123 STAT. 3309]]
necessary, to remain available until expended, for purposes authorized
by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $27,115,000, of which $1,820,000
shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $39,850,000, to
remain available until <<NOTE: Virginia.>> expended: Provided, That none
of the funds available under this heading shall be for construction of a
perimeter wall at Arlington National Cemetery. In addition, such sums as
may be necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally-owned water main
at Arlington National Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $134,000,000, of which $72,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
[[Page 123 STAT. 3310]]
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$924,484,000, to remain available until September 30, 2012: Provided,
That the amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the headings
``Army'' in the table entitled ``Overseas Contingency Operations'' in
the explanatory statement of managers to accompany this Act.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$474,500,000, to remain available until September 30, 2012: Provided,
That the amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the headings ``Air
Force'' in the table entitled ``Overseas Contingency Operations'' in the
explanatory statement of managers to accompany this Act.
Administrative Provision
Sec. 401. Amounts appropriated or otherwise made available by this
title are designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Such <<NOTE: Pay raises.>> sums as may be necessary for
fiscal year 2010 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 503. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 504. No <<NOTE: Lobbying.>> part of any funds appropriated in
this Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio, television, or
film presentation designed to support or defeat legislation pending
before Congress, except in presentation to Congress itself.
[[Page 123 STAT. 3311]]
Sec. 505. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 506. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 507. Unless <<NOTE: Submissions.>> stated otherwise, all
reports and notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives and the Subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 508. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 509. None <<NOTE: Contracts. Wisconsin.>> of the funds made
available in this Act may be used for the processing of new enhanced-use
leases at the National Homes for Disabled Volunteer Soldiers located in
Milwaukee, Wisconsin.
Sec. 510. (a) <<NOTE: Web posting. Public
information. Reports.>> Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head of
the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The <<NOTE: Time period.>> head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 511. None <<NOTE: ACORN.>> of the funds made available in this
division or any other division in this Act may be distributed to the
Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2010''.
[[Page 123 STAT. 3312]]
DIVISION F-- <<NOTE: Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010.>> DEPARTMENT OF STATE,
FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $8,227,000,000, of which
$1,586,214,000 is for Worldwide Security Protection (to remain available
until expended): Provided, That the Secretary of State may transfer up
to $137,600,000 of the total funds made available under this heading to
any other appropriation of any department or agency of the United
States, upon the concurrence of the head of such department or agency,
to support operations in and assistance for Afghanistan and to carry out
the provisions of the Foreign Assistance Act of 1961: Provided further,
That funds made available under this heading shall be allocated as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,667,130,000 to remain
available until September 30, 2011, of which not less than
$138,075,000 shall be available only for public diplomacy
American salaries, and $220,840,000 is for Worldwide Security
Protection and shall remain available <<NOTE: Strategy.>> until
expended: Provided, That the Secretary of State shall submit to
the Committees on Appropriations, concurrent with the fiscal
year 2011 congressional budget justification materials, a
strategy described in the joint explanatory statement of the
committee of conference (hereafter ``joint explanatory
statement'') accompanying this Act for projected personnel
requirements for the United States Department of State over the
next 3 fiscal years.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $2,495,158,000, to remain
available until September 30, 2011, of which not less than
$381,800,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms
[[Page 123 STAT. 3313]]
control, nonproliferation and disarmament activities as
authorized, $892,012,000, to remain available until September
30, 2011.
(4) Security programs.--For necessary expenses for security
activities, $2,172,700,000, to remain available until September
30, 2011, of which $1,365,374,000 is for Worldwide Security
Protection and shall remain available until expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,653,305 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International Center
in accordance with section 4 of the International Center
Act, and, in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes
set out in that section;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and spending plan.--
(A) Notwithstanding any provision of this Act, funds
may be reprogrammed within and between subsections under
this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to 31 U.S.C. 1108(g), for the field examination
of programs and activities in the United States funded
from any account contained in this title.
(D) Not <<NOTE: Deadline. Reports.>> later than 45
days after the enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
report detailing planned expenditures for funds
appropriated under this heading.
civilian stabilization initiative
For necessary expenses to support, maintain, mobilize, and deploy a
civilian response corps in coordination with the United States Agency
for International Development (USAID), and for related reconstruction
and stabilization assistance to prevent or respond to conflict or civil
strife in foreign countries or regions, or to enable transition from
such strife, $120,000,000, to remain
[[Page 123 STAT. 3314]]
available until expended: Provided, That funds made available under this
heading may be made available in fiscal year 2010 to provide
administrative expenses for the Office of the Coordinator for
Reconstruction and Stabilization: <<NOTE: President. Transfer
authority. Notification.>> Provided further, That notwithstanding any
other provision of law and following consultation with the Committees on
Appropriations, the President may exercise transfer authorities
contained in the Foreign Assistance Act of 1961 for reconstruction and
stabilization assistance managed by the Office of the Coordinator for
Reconstruction and Stabilization only to support an actively deployed
Civilian Response Corps, subject to the regular notification procedures
of the Committees on Appropriations: Provided
further, <<NOTE: Reports. Memorandum.>> That of the funds appropriated
under this heading, $10,000,000 shall be withheld from obligation until
the Secretary of State reports to the Committees on Appropriations that
the Department of State has signed a memorandum of understanding with
the Department of Defense relating to the provision of airlift for
deployment of Civilian Response Corps personnel and equipment:
Provided <<NOTE: Deadline. Spending plan.>> further, That not later than
45 days after enactment of this Act, the Secretary of State and the
USAID Administrator shall submit a coordinated joint spending plan for
funds made available under this heading and under the heading ``Civilian
Stabilization Initiative'' in title II of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, $139,000,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$100,000,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections, of
which $23,000,000 shall be for the Special Inspector General for Iraq
Reconstruction for reconstruction oversight, and $23,000,000 shall be
for the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $635,000,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $8,175,000.
[[Page 123 STAT. 3315]]
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$28,000,000, to remain available until September 30, 2011.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $876,850,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $847,300,000, to remain
available until expended: Provided, <<NOTE: Deadline. Submission.>> That
not later than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the proposed
allocation of funds made available under this heading and the actual and
anticipated proceeds of sales for all projects in fiscal year 2010.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$10,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
buying power maintenance account
To offset adverse fluctuations in foreign currency exchange rates
and/or overseas wage and price changes, as authorized by section 24(b)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(b)), $8,500,000, to remain available until expended.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $739,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry out the
direct loan program, $711,000, which may be transferred
[[Page 123 STAT. 3316]]
to, and merged with, funds made available under the heading ``Diplomatic
and Consular Programs''.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $21,174,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions or specific Acts of
Congress, $1,682,500,000: <<NOTE: Budget. United Nations.>> Provided,
That the Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the most
recent biennial budget prepared by the United Nations for the operations
of the United Nations: Provided
further, <<NOTE: Notification. Deadline. United Nations.>> That the
Secretary of State shall notify the Committees on Appropriations at
least 15 days in advance (or in an emergency, as far in advance as is
practicable) of any United Nations action to increase funding for any
United Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further, That any
payment of arrearages under this heading shall be directed toward
activities that are mutually agreed upon by the United States and the
respective international organization: Provided further, That none of
the funds appropriated under this heading shall be available for a
United States contribution to an international organization for the
United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $2,125,000,000, of
which 15 percent shall remain available until September 30, 2011:
Provided, <<NOTE: Deadline. Notification. Human trafficking.>> That none
of the funds made available by this Act shall be obligated or expended
for any new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency as far in
advance as is practicable): (1) the Committees on Appropriations are
notified of the estimated cost and length of the mission, the national
interest that will be served, the planned exit strategy, and that the
United Nations has taken appropriate measures to prevent United Nations
employees, contractor personnel, and peacekeeping forces serving
[[Page 123 STAT. 3317]]
in the mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation, and to
hold accountable individuals who engage in such acts while participating
in the peacekeeping mission, including the prosecution in their home
countries of such individuals in connection with such acts; and (2)
notification pursuant to section 7015 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds that will
be used to pay for the cost of the new or expanded mission:
Provided <<NOTE: Determination.>> further, That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $33,000,000.
construction
For detailed plan preparation and construction of authorized
projects, $43,250,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$12,608,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $9,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $53,976,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324: Provided further,
That in addition to other funds available for
[[Page 123 STAT. 3318]]
such purposes, funds available under this heading may be used to make
payments necessary to fulfill the United States' obligations under the
Pacific Salmon Treaty.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of Governors
(BBG), as authorized, to carry out international communication
activities, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle East,
$733,788,000, of which not more than $5,500,000 may be made available
for non-salary and benefits expenses for TV Marti broadcasts to Cuba:
Provided, That of the total amount in this heading, not to exceed
$16,000 may be used for official receptions within the United States as
authorized, not to exceed $35,000 may be used for representation abroad
as authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That <<NOTE: Extension date. 22 USC 6206
note.>> the authority provided by section 504(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September 30,
2010: <<NOTE: Deadline. Reports.>> Provided further, That not later than
45 days after enactment of this Act, the BBG shall report to the
Committees on Appropriations that all BBG language services and
grantees, including the broadcasters to the Middle East, Afghanistan,
and Pakistan, have processes and policies, including appropriate
management and editorial controls, to require that programming abide by
the standards and principles set forth in the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) and
the relevant journalistic code of ethics, and not provide an open
platform for terrorists or those who support terrorists: Provided
further, That the <<NOTE: Notification. Deadline.>> BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
Board that any of its broadcast entities, including its grantee
organizations, was found to be in violation of the principles,
standards, or journalistic code of ethics referenced in the previous
proviso: Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision of law, up
to $2,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, to remain available until expended for carrying out authorized
purposes.
[[Page 123 STAT. 3319]]
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized, $12,622,000, to remain
available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $49,220,000, to
remain available until September 30, 2011, of which up to $15,000,000
may be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2010, to remain
available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2010, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2010, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange
[[Page 123 STAT. 3320]]
Between East and West Act of 1960, by grant to the Center for Cultural
and Technical Interchange Between East and West in the State of Hawaii,
$23,000,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy
Act, $118,000,000, to remain available until expended, of which
$100,000,000 shall be allocated in the traditional and customary manner,
including for the core institutes, and $18,000,000 shall be for
democracy, human rights, and rule of
law <<NOTE: Deadline. Reports.>> programs: Provided, That the President
of the National Endowment for Democracy shall provide to the Committees
on Appropriations not later than 45 days after the date of enactment of
this Act a report on the proposed uses of funds under this heading on a
regional and country basis.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $635,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$4,300,000, to remain available until September 30, 2011: Provided, That
notwithstanding the expenditure limitation specified in section
208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may expend
up to $250,000 of the funds made available under this heading to procure
temporary and intermittent services under the authority of section
3109(b) of title 5, United States Code.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,610,000, to remain
available until September 30, 2011.
[[Page 123 STAT. 3321]]
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $2,000,000, including not
more than $3,000 for the purpose of official representation, to remain
available until September 30, 2011.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, $3,500,000, including not more than $4,000
for the purpose of official representation, to remain available until
September 30, 2011: <<NOTE: Deadline. Reports.>> Provided, That the
Commission shall provide to the Committees on Appropriations a quarterly
accounting of the cumulative balances of any unobligated funds that were
received by the Commission during any previous fiscal year: Provided
further, That section <<NOTE: Applicability.>> 308(e) of the United
States-China Relations Act of 2000 (22 U.S.C. 6918(e)) (relating to the
treatment of employees as Congressional employees), and section 309 of
such Act (22 U.S.C. 6919) (relating to printing and binding costs),
shall apply to the Commission in the same manner as such section applies
to the Congressional-Executive Commission on the
People's <<NOTE: Compliance.>> Republic of China: Provided further, That
the Commission shall comply with chapter 43 of title 5, United States
Code, regarding the establishment and regular review of employee
performance appraisals: <<NOTE: Compliance.>> Provided further, That
the Commission shall comply with section 4505a of title 5, United States
Code, with respect to limitations on payment of performance-based cash
awards: Provided further, That compensation for the executive director
of the Commission may not exceed the rate payable for level II of the
Executive Schedule under section 5313 of title 5, United States Code:
Provided further, That travel by members and staff of the Commission
shall be arranged and conducted under the rules and procedures applying
to travel by members and staff of the House of Representatives.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,388,800,000, of which up to
$105,000,000 may remain available until September 30, 2011: Provided,
That none of <<NOTE: Reports. Deadline.>> the funds appropriated under
this heading and under the heading ``Capital Investment Fund'' in this
Act
[[Page 123 STAT. 3322]]
may be made available to finance the construction (including architect
and engineering services), purchase, or long-term lease of offices for
use by the United States Agency for International Development (USAID),
unless the USAID Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long-term
lease of offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, That the previous proviso shall not
apply when the total cost of construction (including architect and
engineering services), purchase, or long-term lease of offices does not
exceed $1,000,000: Provided further, That of the funds appropriated
under this heading that are available for capital investments related to
the Development Leadership Initiative, up to $245,000,000 may remain
available until September 30, 2014: <<NOTE: Strategy.>> Provided
further, That the USAID Administrator shall submit to the Committees on
Appropriations, concurrent with the fiscal year 2011 congressional
budget justification materials, a strategy described in the joint
explanatory statement accompanying this Act for projected personnel
requirements for USAID over the next 3 fiscal years: Provided further,
That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such funds
through the following fiscal year: <<NOTE: Notification.>> Provided
further, That any decision to open a new USAID overseas mission or
office or, except where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of personnel of
any such mission or office, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the authority of sections 610 and 109 of the Foreign Assistance Act of
1961 may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to ``Operating
Expenses'' in accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under this
heading, not to exceed $250,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may be available
for entertainment allowances, for USAID during the current fiscal year:
Provided further, That no such entertainment funds may be used for the
purposes listed in section 7020 of this Act: Provided further, That
appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in lieu of
dollars.
civilian stabilization initiative
For necessary expenses to carry out section 667 of the Foreign
Assistance Act of 1961 for the United States Agency for International
Development (USAID) to support, maintain, mobilize, and deploy a
Civilian Response Corps in coordination with the Department of State,
and for related reconstruction and stabilization assistance to prevent
or respond to conflict or civil strife in foreign countries or regions,
or to enable transition from such strife, $30,000,000, to remain
available until <<NOTE: Deadline. Spending plan.>> expended: Provided,
That not later than 45 days after enactment of this Act, the Secretary
of State and the USAID Administrator shall submit a coordinated joint
spending plan for funds made available under this heading
[[Page 123 STAT. 3323]]
and under the heading ``Civilian Stabilization Initiative'' in title I
of this Act.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $185,000,000, to remain available until
expended, of which not more than $134,500,000 may be made available for
the purpose of implementing the Capital Security Cost-Sharing Program:
Provided, That this amount is in addition to funds otherwise available
for such <<NOTE: Notification.>> purposes: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $46,500,000, to remain available
until September 30, 2011, which sum shall be available for the Office of
Inspector General of the United States Agency for International
Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2010, unless otherwise
specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$2,420,000,000, to remain available until September 30, 2011, and which
shall be apportioned directly to the United States Agency for
International <<NOTE: HIV/AIDS.>> Development (USAID): Provided, That
this amount shall be made available for such activities as: (1) child
survival and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and children, and
related education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the prevention,
treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases including neglected tropical
diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; and (6) family
planning/reproductive health: Provided further, That none of the funds
appropriated under
[[Page 123 STAT. 3324]]
this paragraph may be made available for nonproject assistance, except
that funds may be made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated under this
paragraph, $78,000,000 should be made available for a United
States <<NOTE: President. Determination. Abortion. Sterilization.>> contr
ibution to the GAVI Alliance: Provided further, That none of the funds
made available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further,
That <<NOTE: Deadline.>> any determination made under the previous
proviso must be made no later than 6 months after the date of enactment
of this Act, and must be accompanied by the evidence and criteria
utilized to make the determination: Provided further, That
none <<NOTE: Abortion.>> of the funds made available under this Act may
be used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided
further, <<NOTE: Lobbying. Abortion.>> That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, That <<NOTE: Family
planning. Requirements. Deadline. Determination. Reports.>> in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer, either
directly or through referral to, or information about access to, a broad
range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Administrator
[[Page 123 STAT. 3325]]
shall submit to the Committees on Appropriations a report containing a
description of such violation and the corrective action taken by the
Agency: Provided further, <<NOTE: Grants. Non-
discrimination. Compliance.>> That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of 1961 no
applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related programs, the
term ``motivate'', as it relates to family planning assistance, shall
not be construed to prohibit the provision, consistent with local law,
of information or counseling about all
pregnancy <<NOTE: Condoms.>> options: Provided further, That to the
maximum extent practicable, taking into consideration cost, timely
availability, and best health practices, funds appropriated in this Act
or prior appropriations Acts that are made available for condom
procurement should be made available for the procurement of condoms
manufactured in the United States: Provided further, That information
provided about the use of condoms as part of projects or activities that
are funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and failure rates
of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,359,000,000, to remain
available until expended, and which shall be apportioned directly to the
Department of State: Provided, That of the funds appropriated under this
paragraph, not less than $750,000,000 shall be made available,
notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003
(Public Law 108-25), as amended, for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2010 may be made available to USAID for technical assistance
related to the activities of the Global Fund: Provided further, That of
the funds appropriated under this paragraph, up to $14,000,000 may be
made available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $2,520,000,000, to remain available
until September 30, 2011: Provided, That of the funds appropriated by
this Act, not less than $265,000,000 shall be made available for
microenterprise and microfinance development programs for the poor,
especially women: Provided further, That of the funds appropriated under
this heading, not less than $23,500,000 shall be made available for the
American Schools and Hospitals Abroad program: Provided further, That of
the funds
[[Page 123 STAT. 3326]]
appropriated under this heading, $10,000,000 shall be made available for
cooperative development programs within the Office of Private and
Voluntary Cooperation, United States Agency for International
Development (USAID): Provided further, That of the funds appropriated by
this Act, not less than $315,000,000 shall be made available for water
and sanitation supply projects pursuant to the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109-121): Provided further, That
the relevant bureaus and offices of USAID that support cross-cutting
development programs shall coordinate such programs on a regular basis:
Provided further, That of the funds appropriated by title III of this
Act, not less than $1,169,833,000 should be made available for food
security and agricultural development programs, which may be made
available notwithstanding any other provision of law to address critical
food shortages, of which $31,500,000 shall be made available for
Collaborative Research <<NOTE: Strategy.>> Support Programs: Provided
further, That prior to the obligation of funds pursuant to the previous
proviso and after consultation with other relevant Federal departments
and agencies, the Committees on Appropriations, and relevant
nongovernmental organizations, the USAID Administrator shall submit to
the Committees on Appropriations a strategy for achieving food security
and agricultural development program goals: Provided further, That of
the funds appropriated under this heading for food security and
agricultural development programs, $10,000,000 shall be made available
for a United States contribution to the endowment of the Global Crop
Diversity Trust pursuant to section 3202 of Public Law 110-246: Provided
further, That of the funds appropriated under this heading, not less
than $20,000,000 shall be made available for programs to improve women's
leadership capacity in recipient countries.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $845,000,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $55,000,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful <<NOTE: Reports. Deadline.>> resolution of conflict: Provided
further, That the United States Agency for International Development
shall submit a report to the Committees on Appropriations at least 5
days prior to beginning a new <<NOTE: Determination.>> program of
assistance: Provided further, That if the Secretary of State determines
that it is important to the national interests of the United States to
provide transition assistance in excess of the amount appropriated under
this heading, up to $15,000,000 of the funds appropriated by this Act to
carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading:
[[Page 123 STAT. 3327]]
Provided further, That funds made available pursuant to the previous
proviso shall be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to enable the Administrator of the United States
Agency for International Development (USAID), in consultation with the
Secretary of State, to support programs and activities to prevent or
respond to emerging or unforeseen complex crises overseas, $50,000,000,
to remain available until expended: Provided, That funds appropriated
under this heading may be made available on such terms and conditions as
the USAID Administrator may determine, in consultation with the
Committees on Appropriations, for the purposes of preventing or
responding to such crises, except that no funds shall be made available
to respond to natural disasters: Provided further, That funds
appropriated under this heading shall be made available notwithstanding
section 10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956: Provided further, That the USAID
Administrator may furnish assistance under this heading notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of this
Act and section 620J of the Foreign Assistance Act of 1961: Provided
further, That funds <<NOTE: Notification. Deadline.>> appropriated under
this heading shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such notifications shall
be transmitted at least 5 days in advance of the obligation of funds:
Provided further, That the requirements <<NOTE: Waiver authority.>> of
the previous proviso may be waived if failure to do so would pose a
substantial risk to human health or welfare: Provided further,
That <<NOTE: Notification. Deadline.>> in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any such notification provided pursuant to such waiver
shall contain an explanation of the emergency circumstances.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget <<NOTE: Notification.>> Act of 1974, as amended:
Provided further, That funds made available by this paragraph may be
used for the cost of
[[Page 123 STAT. 3328]]
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees <<NOTE: Applicability. Loans.>> on
Appropriations: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained in
section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading: Provided further,
That these funds are available to subsidize total loan principal, any
portion of which is to be guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,600,000, which may be transferred to, and merged with,
funds made available under the heading ``Operating Expenses'' in title
II of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2012.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $6,337,000,000, to remain
available until September 30, 2011: Provided, That of the funds
appropriated under this heading, $250,000,000 shall be available only
for assistance for Egypt, which sum shall be provided on a grant basis,
and of which sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic and
democratic reforms which are additional to those which were undertaken
in previous fiscal years: Provided further, That of the funds
appropriated under this heading for assistance for Egypt, not less than
$25,000,000 shall be made available for democracy, human rights and
governance programs, and not less than $35,000,000 shall be made
available for education programs, of which not less than $10,000,000 is
for scholarships for Egyptian students with high financial need:
Provided further, That $11,000,000 of the funds appropriated under this
heading should be made available for assistance for Cyprus to be used
only for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided further, That
$12,000,000 of the funds made available for assistance for Lebanon under
this heading shall be made available for educational scholarships for
students in Lebanon with high financial need: Provided further, That of
the funds appropriated under this heading, not less than $363,000,000
shall be made available only for assistance for Jordan: Provided
further, That of the funds appropriated under this heading not more than
$400,400,000 may be made available for assistance for the West Bank and
Gaza, of which not to exceed $2,000,000 may be used for administrative
expenses of the United States Agency for International Development
(USAID), in addition to funds otherwise available for such purposes:
Provided further, That not more than $150,000,000 of the funds provided
for the West Bank and Gaza shall be for cash transfer
[[Page 123 STAT. 3329]]
assistance: Provided further, That funds
appropriated <<NOTE: Pakistan.>> under this heading that are made
available for assistance for infrastructure projects in Pakistan shall
be implemented in a manner consistent with section 507(6) of the Trade
Act of 1974 (19 U.S.C. 2467(6)): Provided further, That of the funds
appropriated under this heading for assistance for Afghanistan and
Pakistan, assistance may be provided notwithstanding any provision of
law that restricts assistance to foreign countries for cross border
stabilization and development programs between Afghanistan and Pakistan
or between either country and
the <<NOTE: Afghanistan. Pakistan. Certification.>> Central Asian
republics: Provided further, That funds appropriated by this Act for
assistance for Afghanistan and Pakistan may be made available for
government-to-government assistance only if the Secretary of State
certifies to the Committees on Appropriations that the Government of the
United States and the government of the recipient country have agreed,
in writing, to clear and achievable goals and objectives for the use of
such funds, and have established mechanisms within each implementing
agency to ensure that such funds are used for the purposes for which
they were intended: Provided further, That any such cash transfer
assistance shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That the Secretary of State should
suspend any such cash transfer assistance to an implementing agency if
the Secretary has credible evidence of misuse of such funds
by <<NOTE: Notification. Waiver authority.>> any such agency: Provided
further, That any decision to significantly modify the scope, objectives
or implementation mechanisms of United States assistance programs in
Afghanistan or Pakistan shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, except that the prior consultation requirement may be
waived if it is determined that failure to do so would pose a
substantial risk to <<NOTE: Notification. Deadline.>> human health or
welfare: Provided further, That in case of any such waiver, notification
to the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such consultation requirement was applicable: Provided further,
That of the funds made available under this heading for assistance for
Pakistan, $2,000,000 shall be transferred to, and merged with, funds
available under the heading ``Administration of Foreign Affairs, Office
of Inspector General'' for oversight of programs in Pakistan: Provided
further, That of the funds appropriated under this heading, $209,790,000
shall be apportioned directly to USAID for alternative development/
institution building programs in Colombia: Provided further, That of the
funds appropriated under this heading that are available for assistance
for Colombia, not less than $8,000,000 shall be transferred to, and
merged with, funds appropriated under the heading ``Migration and
Refugee Assistance'' and shall be made available only for assistance to
nongovernmental and international organizations that provide assistance
to Colombian refugees in neighboring countries.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$120,000,000, to remain available until September 30, 2011, of which
$70,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights
[[Page 123 STAT. 3330]]
and Labor, Department of State, and $50,000,000 shall be made available
for the Office of Democracy and Governance of the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $17,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2011.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act, and the Support for
East European Democracy (SEED) Act of 1989, $741,632,000, to remain
available until September 30, 2011, which shall be available,
notwithstanding any other provision of law, for assistance and for
related programs for countries identified in section 3 of the FREEDOM
Support Act and section 3(c) of the SEED Act: Provided, That funds
appropriated under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act
for the use of economic assistance: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings ``Independent States of
the Former Soviet Union'' and similar headings and ``Assistance for
Eastern Europe and the Baltic States'' and similar headings, and
currencies generated by or converted from such funds, shall be available
for use in any country for which funds are made available under this
heading without regard to the geographic limitations of the heading
under which such funds were originally appropriated: Provided further,
That funds made available for the Southern Caucasus region may be used
for confidence-building measures and other activities in furtherance of
the peaceful resolution of conflicts, including in Nagorno-Karabakh:
Provided further, That of the funds appropriated under this heading that
are available for assistance for the Kyrgyz Republic, up to $11,500,000
shall be made available for the Joint Development Fund.
Department of State
migration and refugee assistance
For necessary expenses, not otherwise provided for, to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration
[[Page 123 STAT. 3331]]
needs; salaries and expenses of personnel and dependents as authorized
by the Foreign Service Act of 1980; allowances as authorized by sections
5921 through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $1,685,000,000, to remain available until
expended, of which $25,000,000 shall be made available for refugees
resettling in Israel, and not less than $35,000,000 shall be made
available to respond to small-scale emergency humanitarian requirements
of international and nongovernmental partners.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $45,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $400,000,000, to remain available until
September 30, 2011: Provided, That none <<NOTE: Abortion.>> of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C.
2515, an amount not to exceed $5,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $4,000 may be made available for
entertainment <<NOTE: Notification. Waiver authority.>> expenses:
Provided further, That any decision to open, close, significantly
reduce, or suspend a domestic or overseas office or country program
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, except
that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other
Peace Corps personnel, pursuant to section <<NOTE: Deadline. Spending
plan.>> 7015(e) of this Act: Provided further, That not later than 45
days after enactment of this Act, the Director shall submit a spending
plan to the Committees on Appropriations on the proposed uses
of <<NOTE: Deadline. Reports.>> funds under this heading: Provided
further, That not later than 180 days after enactment of this Act, the
Director shall, after consultation with the Committees on
Appropriations, submit a report to the Committees that includes the
findings of a comprehensive assessment of the current program model of
the Peace Corps and a strategy for reforming and improving operations.
[[Page 123 STAT. 3332]]
millennium challenge corporation
(including transfer of funds)
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003, $1,105,000,000 to remain available until
expended: Provided, That of the funds appropriated under this heading,
up to $95,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation (the Corporation): Provided further,
That up to 10 percent of the funds appropriated under this heading may
be made available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for fiscal year 2010: Provided further,
That <<NOTE: Applicability.>> section 605(e)(4) of the Millennium
Challenge Act of 2003 shall apply to funds appropriated under this
heading: Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003 only if
such Compact obligates, or contains a commitment to obligate subject to
the availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That the Corporation should reimburse the United States Agency for
International Development (USAID) for all expenses incurred by USAID
with funds appropriated under this heading in assisting the Corporation
in carrying out such Act, including administrative costs for compact
development, negotiation, and implementation: Provided further,
That <<NOTE: Notification. Deadline.>> the Chief Executive Officer of
the Millennium Challenge Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any new country
compact or new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing negotiations
for any new compact or threshold <<NOTE: Notification.>> country
program: Provided further, That funds appropriated by this Act or any
prior Act appropriating funds for the Department of State, foreign
operations, and related programs that are made available for a
Millennium Challenge Compact and that are suspended or terminated by the
Chief Executive Officer of the Corporation shall be subject to the
regular notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That none of the funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under this
heading may be used for military assistance or military training,
including for assistance for military or paramilitary purposes and for
assistance to military forces: Provided further, That
the <<NOTE: Applicability.>> terms and conditions of section 1105(c) of
Public Law 111-32 shall apply to funds appropriated under this heading:
Provided further, That <<NOTE: Candidacy status.>> a Millennium
Challenge Corporation candidate country selected as an eligible country
in fiscal year 2009 in accordance with section 607(c) of the Millennium
Challenge Act of 2003 that is transitioning out of one of the income
categories identified in subsections 606(a) and (b) shall retain its
candidacy status at the lower income category for purposes of setting
compact funding levels for the fiscal year of its transition and the two
subsequent fiscal years: Provided further, That of the funds
appropriated under this heading, not
[[Page 123 STAT. 3333]]
to exceed $100,000 may be available for representation and entertainment
allowances, of which not to exceed $5,000 may be available for
entertainment allowances.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $23,000,000, to remain available
until September 30, 2011: Provided, That of the funds appropriated under
this heading, not to exceed $2,000 may be available for entertainment
and representation allowances.
african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2011: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That <<NOTE: Waiver authority.>> notwithstanding
section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with respect to
a project and a project may exceed the limitation by up to $10,000 if
the increase is due solely to <<NOTE: Reports.>> foreign currency
fluctuation: Provided further, That the Foundation shall provide a
report to the Committees on Appropriations after each time such waiver
authority is exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $25,000,000, to remain available
until September 30, 2012, which shall be available notwithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, of concessional
loans, guarantees and credit agreements, as authorized under section 572
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
owed, as a result of loans or guarantees made
[[Page 123 STAT. 3334]]
pursuant to the Export-Import Bank Act of 1945, by countries that are
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106-113, $60,000,000, to
remain available until September 30, 2012: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to the
Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to
fund debt reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That <<NOTE: Human rights.>> funds may not be paid to
the HIPC Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the central government of such country
is engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil conflict
that undermines its ability to develop and implement measures to
alleviate poverty and to devote adequate human and financial resources
to that end: <<NOTE: Consultation.>> Provided further, That on the
basis of final appropriations, the Secretary of the Treasury shall
consult with the Committees on Appropriations concerning which countries
and international financial institutions are expected to benefit from a
United States contribution to the HIPC Trust Fund during the fiscal
year: <<NOTE: Notification. Deadline.>> Provided further, That the
Secretary of the Treasury shall notify the Committees on Appropriations
not less than 15 days in advance of the signature of an agreement by the
United States to make payments to the HIPC Trust Fund of amounts for
such countries and institutions: Provided further, That the Secretary of
the Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That <<NOTE: Sudan. Burma. Determination. Notification.>> none of the
funds made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma unless the
Secretary of the Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken
office.
[[Page 123 STAT. 3335]]
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,597,000,000, to remain available until
September 30, 2011: <<NOTE: Notification.>> Provided, That during
fiscal year 2010, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign country
or international organization under chapter 8 of part I of that Act
subject to the regular notification procedures of the Committees on
Appropriations: <<NOTE: Deadline. Reports.>> Provided further, That the
Secretary of State shall provide to the Committees on Appropriations not
later than 45 days after the date of the enactment of this Act and prior
to the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated under this
heading: <<NOTE: Notification.>> Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, $5,000,000 should be made
available to combat piracy of United States copyrighted materials,
consistent with the requirements of section 688(a) and (b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-
161): <<NOTE: Afghanistan. Determination. Reports.>> Provided further,
That none of the funds appropriated under this heading for assistance
for Afghanistan may be made available for eradication programs through
the aerial spraying of herbicides unless the Secretary of State
determines and reports to the Committees on Appropriations that the
President of Afghanistan has requested assistance for such aerial
spraying programs for counternarcotics
purposes: <<NOTE: Consultation.>> Provided further, That in the event
the Secretary of State makes a determination pursuant to the previous
proviso, the Secretary shall consult with the Committees on
Appropriations prior to the obligation of funds for such eradication
programs: <<NOTE: Colombia.>> Provided further, That none of the funds
appropriated under this heading for assistance for Colombia shall be
made available for budget support or as cash payments: Provided further,
That <<NOTE: Bolivia. Determination. Reports. Human rights.>> none of
the funds appropriated under this heading shall be made available for
assistance for the Bolivian military and police unless the Secretary of
State determines and reports to the Committees on Appropriations that
the Government of Bolivia is investigating, prosecuting, and punishing
military and police personnel who have been credibly alleged to have
violated internationally recognized human rights.
[[Page 123 STAT. 3336]]
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $754,000,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $75,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation, disarmament and weapons destruction:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security interest
of the United States to do so: Provided further,
That <<NOTE: Notification.>> funds made available for the
Nonproliferation and Disarmament Fund shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: <<NOTE: Determination. Israel.>> Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That of the funds appropriated under this
heading, not more than $500,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of the funds
made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading that are available for ``Anti-terrorism
Assistance'' and ``Export Control and Border Security'' shall remain
available until September 30, 2011.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $331,500,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, up to $102,000,000 may be made
available for assistance for Somalia, of which up to $55,000,000 may be
used to pay assessed expenses of international peacekeeping activities
in Somalia: Provided further, That of the funds appropriated under this
heading, not less than
[[Page 123 STAT. 3337]]
$26,000,000 shall be made available for a United States contribution to
the Multinational Force and Observers mission in the Sinai: Provided
further, That <<NOTE: Notification.>> none of the funds appropriated
under this heading shall be obligated or expended except as provided
through the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary <<NOTE: Notification.>> expenses to carry out the
provisions of section 541 of the Foreign Assistance Act of 1961,
$108,000,000, of which up to $4,000,000 may remain available until
expended and may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: <<NOTE: Foreign countries. Notification.>> Provided
further, That funds made available under this heading for assistance for
Angola, Bangladesh, Cameroon, Central African Republic, Chad, Cote
d'Ivoire, Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea,
Haiti, Kenya, Libya, Nepal, Nigeria, and Sri Lanka may only be provided
through the regular notification procedures of the Committees on
Appropriations and any such notification shall include a detailed
description of proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 may be available
for entertainment allowances.
foreign military financing program
For necessary <<NOTE: Notification.>> expenses for grants to enable
the President to carry out the provisions of section 23 of the Arms
Export Control Act, $4,195,000,000: Provided, That to expedite the
provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation with the
Committees on Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the capacity
of foreign security forces: Provided further, That of the funds
appropriated under this heading, not less than $2,220,000,000 shall be
available for grants only for Israel, and not less than $1,040,000,000
shall be made available for grants only for Egypt, including for border
security programs and activities in the Sinai: Provided further,
That <<NOTE: Israel. Deadline.>> the funds appropriated under this
heading for assistance for Israel shall be disbursed within 30 days of
the enactment of this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons systems,
of which not less than $583,860,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: <<NOTE: Egypt. Deadline.>> Provided
further, That funds appropriated under this heading estimated to be
outlayed for Egypt during fiscal year 2010 shall be transferred to an
interest bearing account for Egypt in the Federal Reserve
[[Page 123 STAT. 3338]]
Bank of New York within 30 days of enactment of this Act: Provided
further, That of the funds appropriated under this heading, $150,000,000
shall be made available for assistance for Jordan: Provided further,
That of the funds appropriated under this heading, not more than
$55,000,000 shall be available for assistance for Colombia, of which up
to $12,500,000 is available to support maritime interdiction and
riverine operations: Provided further, That of the funds appropriated
under this heading, not less than $238,000,000 should be made available
for assistance for Pakistan: Provided further,
That <<NOTE: Notification.>> in addition to the funds made available in
the previous proviso, up to $60,000,000 of the funds appropriated under
the heading ``Economic Support Fund'' in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, may be transferred to, and merged with, funds
appropriated under this heading and made available for assistance for
Pakistan, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
made available under this heading shall be made available to support or
continue any program initially funded under the authority of section
1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456) unless the Secretary of State, in
coordination with the Secretary of Defense, has justified such program
to the Committees on Appropriations: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That <<NOTE: Notification.>> all country and funding level increases in
allocations shall be submitted through the regular notification
procedures of section 7015 of this Act: <<NOTE: Foreign
countries. Notification.>> Provided further, That none of the funds
appropriated under this heading may be made available for assistance for
Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya, Chad, and
the Democratic Republic of the Congo except pursuant to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design
and construction services that are not sold by the United States
Government under the Arms Export Control
[[Page 123 STAT. 3339]]
Act: Provided further, That funds appropriated under this heading shall
be expended at the minimum rate necessary to make timely payment for
defense articles and services: <<NOTE: Notification.>> Provided
further, That not more than $54,464,000 of the funds appropriated under
this heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation allowances: <<NOTE: Notification.>> Provided further,
That not more than $550,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 2010 pursuant
to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $394,000,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $86,500,000, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,262,500,000, to remain available until
expended.
contribution to the clean technology fund
For contributions to the multilateral Clean Technology Fund,
$300,000,000, to remain available until expended.
[[Page 123 STAT. 3340]]
contribution to the strategic climate fund
For contributions to the multilateral Strategic Climate Fund,
$75,000,000, to remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Investment Corporation by the
Secretary of the Treasury, $4,670,000, to remain available until
expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $105,000,000,
to remain available until expended.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$155,000,000, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $30,000,000, to remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $2,500,000, to remain available until September 30, 2011.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard
[[Page 123 STAT. 3341]]
to fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the program
for the current fiscal year for such corporation: Provided, That none of
the funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this
Act: <<NOTE: Termination date. 12 USC 635 note.>> Provided further,
That notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in effect
through October 1, 2010: Provided further, That not less than 10 percent
of the aggregate loan, guarantee, and insurance authority available to
the Export-Import Bank under this Act should be used for renewable
energy technologies or end-use energy efficiency technologies.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $58,000,000: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such funds shall remain available until September 30, 2025, for the
disbursement of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 2010, 2011, 2012, and
2013: <<NOTE: Notification.>> Provided further, That none of the funds
appropriated by this Act or any prior Acts appropriating funds for the
Department of State, foreign operations, and related programs for tied-
aid credits or grants may be used for any other purpose except through
the regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
Eastern European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $83,880,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: <<NOTE: Termination
date. 12 USC 635a note.>> Provided further, That notwithstanding
subsection (b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1, 2010.
[[Page 123 STAT. 3342]]
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2010 in excess
of obligations shall become available on September 1, 2010 and shall
remain available until September 30, 2013.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $52,310,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $29,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2010, 2011, and 2012: Provided
further, That funds so obligated in fiscal year 2010 remain available
for disbursement through 2018; funds obligated in fiscal year 2011
remain available for disbursement through 2019; and funds obligated in
fiscal year 2012 remain available for disbursement through 2020:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That <<NOTE: Notification.>> funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the
[[Page 123 STAT. 3343]]
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $55,200,000, to remain available
until September 30, 2011: Provided, That of the funds appropriated under
this heading, not more than $4,000 may be available for representation
and entertainment allowances.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative balances by program, project, and activity of the funds
received by such department or agency in this fiscal year or any
previous fiscal year that remain unobligated and unexpended.
consulting services
Sec. 7003. The <<NOTE: Contracts.>> expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
1501A-453), as amended by section 629 of the Departments of Commerce,
[[Page 123 STAT. 3344]]
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
(c) Funds <<NOTE: Consultation. Notification.>> appropriated by
this Act, and any prior Act making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property for diplomatic facilities in
Kabul, Afghanistan, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a cost-
technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101) in Iraq, Afghanistan, and Pakistan,
notwithstanding subsection (c)(3) of such section: Provided,
That <<NOTE: Applicability.>> the authority in this section shall apply
to any options for renewal that may be exercised under such contracts
that are awarded during the current fiscal year: Provided further,
That <<NOTE: Consultation.>> prior to issuing a solicitation for a
contract to be awarded pursuant to the authority under this section, the
Secretary of State shall consult with the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on Foreign
Affairs and Appropriations of the House of Representatives.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided, That
for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
[[Page 123 STAT. 3345]]
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup or
decree: <<NOTE: President. Determination. Certification.>> Provided,
That assistance may be resumed to such government if the President
determines and certifies to the Committees on Appropriations that
subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote democratic
elections or public participation in democratic
processes: <<NOTE: Notification.>> Provided further, That funds made
available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title I of
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations, but no
such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 7015(a) and (b) of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2010, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such transfer: <<NOTE: Notification.>> Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
[[Page 123 STAT. 3346]]
(3) Any <<NOTE: Notification.>> agreement entered into by
the United States Agency for International Development (USAID)
or the Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in
excess of $1,000,000 and any agreement made pursuant to section
632(a) of such Act, with funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health and Child Survival'', ``Development
Assistance'', and ``Economic Support Fund'' shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided, That the requirement in the previous
sentence shall not apply to agreements entered into between
USAID and the Department of State.
(d) Transfers Between Accounts.--None
of <<NOTE: President. Deadline. Consultation. Policy justification.>>
the funds made available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, not less than 5 days prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the Department of State or USAID and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Inspector General for the agency receiving
the transfer or allocation of such funds shall perform periodic program
and financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2010, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the obligation
and expenditure of funds, and the specific country in receipt of, and
the use or purpose of the assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings ``Assistance for
Europe, Eurasia and Central Asia'' and ``Development Credit Authority'',
shall remain available
[[Page 123 STAT. 3347]]
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available until
expended.
limitation on assistance to countries in default
Sec. 7012. No <<NOTE: President. Determination. Consultation.>>
part of any appropriation provided under titles III through VI in this
Act shall be used to furnish assistance to the government of any country
which is in default during a period in excess of one calendar year in
payment to the United States of principal or interest on any loan made
to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the
President determines, following consultations with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2010 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through grantees,
contractors and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2011 and allocated for
the central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
[[Page 123 STAT. 3348]]
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The <<NOTE: Consultation. Deadline.>> Secretary of
State shall consult with the Committees on Appropriations at
least 15 days prior to exercising the authority of this
subsection with regard to any country or entity.
(f) Implementation.--The Secretary <<NOTE: Regulations.>> of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of this
Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if
compliance with the designation is made impossible by operation of any
provision of this or any other Act: <<NOTE: Notification.>> Provided,
That any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In <<NOTE: Determination. Reports.>> addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the United States
Agency for International Development (USAID) that are specifically
designated for particular programs or activities by this or any other
Act shall be extended for an additional fiscal year if the USAID
Administrator determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
[[Page 123 STAT. 3349]]
(c) Ceilings and specifically designated funding levels contained in
this Act shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
reprogramming notification requirements
Sec. 7015. (a) <<NOTE: Deadlines.>> None of the funds made
available in title I of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2010, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections, or made
available by transfer, to the agencies and departments funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) closes or opens a
mission or post; (6) reorganizes or renames offices; (7) reorganizes
programs or activities; or (8) contracts out or privatizes any functions
or activities presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds provided under
title I of this Act, or provided under previous appropriations Acts to
the agency or department funded under title I of this Act that remain
available for obligation or expenditure in fiscal year 2010, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agency or department funded by title
I of this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress; or (3)
results from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Committees
on Appropriations are notified 15 days in advance of such reprogramming
of funds.
(c) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available
under titles II through V in this Act under the headings ``Global Health
and Child Survival'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development Agency'',
``International Narcotics Control and Law Enforcement'', ``Assistance
for Europe, Eurasia and Central Asia'', ``Economic Support Fund'',
``Democracy Fund'', ``Peacekeeping Operations'', ``Capital Investment
Fund'', ``Operating Expenses'', ``Civilian Stabilization Initiative'',
``Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing
[[Page 123 STAT. 3350]]
Program'', ``International Military Education and Training'', ``Peace
Corps'', ``Complex Crises Fund'', and ``Migration and Refugee
Assistance'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are previously notified
15 days in advance: <<NOTE: President.>> Provided, That the President
shall not enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of any other Act shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated under
titles II through IV of this Act of less than 10 percent of the amount
previously justified to the Congress for obligation for such activity,
program, or project for the current fiscal year.
(d) Notwithstanding any other provision of law, with the exception
of funds transferred to, and merged with, funds appropriated under title
I of this Act, funds transferred by the Department of Defense to the
Department of State and the United States Agency for International
Development for assistance for foreign countries and international
organizations, and funds made available for programs authorized by
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) The <<NOTE: Waiver authority.>> requirements of this section or
any similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That <<NOTE: Deadline.>> in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such
waiver: <<NOTE: Explanation.>> Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(f) None <<NOTE: Foreign countries.>> of the funds appropriated
under titles III through VI of this Act shall be obligated or expended
for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican
Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Mexico,
Kazakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in
section 7045(c)(2) and (f)(2) of this Act except as provided through the
regular notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance
[[Page 123 STAT. 3351]]
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense articles under
the Arms Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject <<NOTE: Notification.>> to the regular
notification procedures of the Committees on Appropriations, funds
appropriated under titles III through VI of this Act or any previously
enacted Act making appropriations for the Department of State, foreign
operations, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2011.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None <<NOTE: President. Certification.>> of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may
be obligated or expended for any country or organization if the
President certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the joint explanatory
statement accompanying this Act:
``American Sections, International Commissions''.
[[Page 123 STAT. 3352]]
``Civilian Stabilization Initiative''.
``Diplomatic and Consular Programs''.
``Educational and Cultural Exchange Programs''.
``International Boundary and Water Commission, United States
and Mexico''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Democracy Fund''.
``Economic Support Fund''.
``Assistance for Europe, Eurasia and Central Asia''.
``International Narcotics Control and Law Enforcement''.
``Nonproliferation, Anti-terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) For <<NOTE: Notification.>> the purposes of implementing this
section and only with respect to the tables included in the joint
explanatory statement accompanying this Act, the Secretary of State, the
Administrator of the United States Agency for International Development
and the Broadcasting Board of Governors, as appropriate, may propose
deviations to the amounts referenced in subsection (a), subject to the
regular notification procedures of the Committees on Appropriations.
(c) The <<NOTE: Applicability.>> requirements contained in
subsection (a) shall apply to the tables under the headings ``Bilateral
Economic Assistance'' and ``General Provisions'' in the joint
explanatory statement.
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
and Child Survival'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 7021. (a) <<NOTE: President. Determination.>> None of the
funds appropriated or otherwise made available by titles III through VI
of this Act may be available to any foreign government which provides
lethal military equipment to a country the government of which the
Secretary of State has determined is a government that supports
international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979: Provided, That <<NOTE: Termination date.>>
the prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment: <<NOTE: Applicability.>> Provided further, That
this section applies with respect to lethal military
[[Page 123 STAT. 3353]]
equipment provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that to
do so is important to the national interests of the United States.
(c) Whenever <<NOTE: Reports.>> the President makes a determination
pursuant to subsection (b), the President shall submit to the Committees
on Appropriations a report with respect to the furnishing of such
assistance, including a detailed explanation of the assistance to be
provided, the estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States national
interests.
prohibition on bilateral assistance to terrorist countries
Sec. 7022. (a) <<NOTE: President. Determination.>> Funds
appropriated for bilateral assistance in titles III through VI of this
Act and funds appropriated under any such heading in a provision of law
enacted prior to the enactment of this Act, shall not be made available
to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The <<NOTE: Waiver authority. Determination.>> President may
waive the application of subsection (a) to a country if the President
determines that national security or humanitarian reasons justify such
waiver: <<NOTE: Federal Register,
publication. Deadline. Notification.>> Provided, That the President
shall publish each such waiver in the Federal Register and, at least 15
days before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7023. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7024. For <<NOTE: Reports. Deadline.>> the purpose of titles
II through VI of this Act ``program, project, and activity'' shall be
defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives, ceilings, and
limitations with the exception that for the following accounts:
``Economic Support Fund'' and ``Foreign Military Financing Program'',
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as: (1) justified to the
[[Page 123 STAT. 3354]]
Congress; or (2) allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations within 30
days of the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7025. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: <<NOTE: Reports.>> Provided, That the agency shall
promptly report to the Committees on Appropriations whenever it is
conducting activities or is proposing to conduct activities in a country
for which assistance is prohibited.
commerce, trade and surplus commodities
Sec. 7026. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: <<NOTE: Notification.>>
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
(c) The <<NOTE: 22 USC 262h note.>> Secretary of the Treasury shall
instruct the United States Executive Directors of the International Bank
for Reconstruction and Development, the International Development
Association,
[[Page 123 STAT. 3355]]
the International Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
titles III through VI of this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7027. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for
Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes
[[Page 123 STAT. 3356]]
as may be agreed to by the government of that country and the
United States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least <<NOTE: Deadline. President.>>
15 days prior to obligating any such cash transfer or nonproject
sector assistance, the President shall submit a notification
through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by
the assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central
Asia'': <<NOTE: President. Notification.>> Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: <<NOTE: Abortion. Sterilization.>> Provided
further, That nothing in this subsection shall be construed to alter any
existing statutory
[[Page 123 STAT. 3357]]
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2010, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
impact on jobs in the united states
Sec. 7029. None of the funds appropriated under titles III through
VI of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
international financial institutions
Sec. 7030. (a) None of the funds appropriated in title V of this Act
may be made as payment to any international financial institution while
the United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever compensation
such Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director at each international financial institution
[[Page 123 STAT. 3358]]
to oppose any loan, grant, strategy or policy of such institution that
would require user fees or service charges on poor people for primary
education or primary healthcare, including prevention, care and
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal health, in connection with the institutions' financing
programs.
(c) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (the Fund) to use
the voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the Fund to
a Heavily Indebted Poor Country that imposes budget caps or restraints
that do not allow the maintenance of or an increase in governmental
spending on health care or education; and to promote government spending
on health care, education, food aid, or other critical safety net
programs in all of the Fund's activities with respect to Heavily
Indebted Poor Countries.
(d) For purposes of this section ``international financial
institutions'' are the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
debt-for-development
Sec. 7031. In <<NOTE: Notification.>> order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
authority to engage in debt buybacks or sales
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between
[[Page 123 STAT. 3359]]
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and other
child development, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act of 1961,
if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
(2) Terms and conditions.--Notwithstanding
any <<NOTE: President.>> other provision of law, the President
shall, in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The
Facility, <<NOTE: Notification. President. Determination.>> as
defined in section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 of purchasers that the President has determined to
be eligible, and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this section:
Provided, That such agency shall make adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
special debt relief for the poorest
Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
[[Page 123 STAT. 3360]]
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under
the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country: Provided, That
the authority provided by subsection (a) may be exercised
notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance Act of
1975.
special authorities
Sec. 7034. (a) <<NOTE: Notification.>> Afghanistan, Iraq, Pakistan,
Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles III through VI of this Act
that are made available for assistance for Afghanistan may be made
available notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act of 1961,
and funds appropriated in titles III and VI of this Act that are made
available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of
war, displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject
[[Page 123 STAT. 3361]]
to the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Waiver.-- <<NOTE: President. Determination. Certification.>>
(1) The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and certifies
in writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that it is important to the national security
interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.
(c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(d) Authority Repealed.--Section 7034(d) of Public Law 111-8
is <<NOTE: Ante, p. 877.>> hereby repealed.
(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(f) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2009''
and inserting ``2009, and 2010''; and
(B) in subsection (e), by striking ``2009'' each
place it appears and inserting ``2010''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2009'' and inserting ``2010''.
(g) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, not less than
$10,000,000 shall be made available as a general contribution to the
World Food Program, notwithstanding any other provision of law.
(h) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition Initiatives''
should be made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign terrorist
organizations: <<NOTE: Consultation.>> Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection: Provided further,
That <<NOTE: Definition.>> for the purposes of this subsection the term
[[Page 123 STAT. 3362]]
``foreign terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(i) Middle East Foundation.--Funds
appropriated <<NOTE: Notification.>> by this Act and prior Acts for a
Middle East Foundation shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Contingencies.--During fiscal year 2010, the President may use
up to $50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(k) Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union.--Of the funds
appropriated by this Act under the heading, ``Economic Support Fund'',
not less than $5,000,000 shall be made available to carry out the
Program for Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union (title VIII) as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
4501-4508, as amended).
(l) Interparliamentary Exchanges.--Of the unobligated funds in the
``Educational and Cultural Exchange Programs'' appropriation account,
$411,687 shall be transferred to the permanent appropriation for
delegation expenses provided under section 303 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988, as enacted into law by section 101(a) of
Public Law 100-202 (22 USC 276e note), for the purpose of conducting
Interparliamentary Exchanges and shall remain available until expended.
(m) Democracy Promotion.--
(1) Funds made available by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law, and with regard to
the National Endowment for Democracy, any regulation.
(2) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support good
governance, human rights, independent media, and the rule of
law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(3) Any <<NOTE: Contracts. Grants. Notification.>>
contract, grant, or cooperative agreement (or any amendment to
any contract, grant or cooperative agreement) in excess of
$1,000,000 of funds under the heading ``Democracy Fund'', and in
excess of $2,500,000 under other headings in this Act for the
promotion of democracy, with the exception of programs and
activities of the National Endowment for Democracy, shall be
subject to the regular notification procedures of the Committees
on Appropriations.
(4) With respect to the provision of assistance for
democracy, human rights and governance activities in this Act,
the organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the government of any foreign country.
(5) Of the funds appropriated under title III of this Act
that are made available for the promotion of democracy, not less
than $30,000,000 shall be made available to expand access
[[Page 123 STAT. 3363]]
to information and communications through the Internet, and
shall be used for programs that provide unmonitored and
uncensored access to the Internet for large numbers of users
living in closed societies that have acutely hostile Internet
environments.
(n) Personnel.--The authority <<NOTE: Termination date.>> provided
by section 1113 of Public Law 111-32 shall remain in effect through
fiscal year 2010.
(o) Partner Vetting.--None of the funds appropriated by this Act or
any prior Act may be used by the Secretary of State or the Administrator
of the United States Agency for International Development (USAID) to
implement a Partner Vetting System (PVS): Provided,
That <<NOTE: Applicability.>> notwithstanding the previous sentence,
funds appropriated by this Act may be used to implement a PVS pilot
program, including necessary rulemaking: Provided further, That any such
PVS pilot program shall apply equally to the programs and activities of
the Department of State and
USAID: <<NOTE: Consultation. Deadline. Notification.>> Provided
further, That the Secretary of State and the USAID Administrator shall
jointly consult with the Committees on Appropriations not later than 90
days after enactment of this Act and prior to the implementation of such
a PVS pilot program, and such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(p) Spending Plans.--The Secretary <<NOTE: Deadline.>> of State
shall submit to the Committees on Appropriations not later than 45 days
after enactment of this Act, and prior to the initial obligation of
funds for assistance for Afghanistan, Pakistan, and Iraq, detailed
spending plans for funds appropriated for such purposes.
(q) Technical Corrections.--
(1)(A) Section 67 of the Bretton Woods Agreements Act, as
added by section 1402 of the Supplemental Appropriations Act,
2009 (Public Law 111-32), <<NOTE: Ante, p. 1918.>> is amended
by striking ``resolution numbered 54-4'' and inserting
``resolution numbered 52-4''.
(B) The <<NOTE: Effective date. 22 USC 286ss note.>>
amendment made by subparagraph (A) shall take effect as if
included in the enactment of section 1402 of Public Law 111-32.
(2) Section <<NOTE: 22 USC 2222.>> 302(l) of the Foreign
Assistance Act of 1961 is amended by striking ``Vaccine Fund''
and inserting ``GAVI Alliance''.
(r) Accountability Review Boards.--The authority <<NOTE: Termination
date. 22 USC 4831 note.>> provided by section 301(a)(3) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3))
shall remain in effect through September 30, 2010.
(s) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The
Secretary <<NOTE: Implementation.>> of State shall promptly and fully
implement section 203(a)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
Provided, That in determining whether to suspend the issuance of A-3 or
G-5 visas to applicants seeking to work for officials of a diplomatic
mission or international organization, the Secretary shall consider
whether a final court judgment has been issued against a current or
former employee of such mission or organization (and the time period for
a final appeal has expired): Provided further, That the Secretary should
assist in obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders: Provided further, That the Secretary should include
all trafficking cases involving A-3 or G-5 visa
[[Page 123 STAT. 3364]]
holders in the Trafficking in Persons annual report where a final civil
judgment has been issued (and the time period for final appeal has
expired) or the Department of Justice has determined that the United
States Government would seek to indict the diplomat or a family member
but for diplomatic immunity.
(t) International Tribunal for Yugoslavia.--Section 1342(c)(3) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106) <<NOTE: 18 USC 3181 note.>> is amended by adding ``, as
amended'' after ``signed at The Hague, October 5, 1994''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None
of <<NOTE: Determination. Certification.>> the funds appropriated under
titles III through VI of this Act may be provided to support a
Palestinian state unless the Secretary of State determines and certifies
to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
[[Page 123 STAT. 3365]]
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The President <<NOTE: President. Determination.>> may
waive subsection (a) if he determines that it is important to the
national security interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance to the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social contacts,
and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
[[Page 123 STAT. 3366]]
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For
fiscal <<NOTE: Deadline. Certification. Procedures.>> year 2010, 30
days prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to the
Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to <<NOTE: Terrorism.>> the obligation of funds
appropriated by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State shall take
all appropriate steps to ensure that such assistance is not provided to
or through any individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist activity nor,
with respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided,
That <<NOTE: Procedures. Determination.>> the Secretary of State shall,
as appropriate, establish procedures specifying the steps to be taken in
carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) Notwithstanding <<NOTE: Reports.>> any other provision
of law, none of the funds made available by this or prior
appropriations Acts, including funds made available by transfer,
may be made available for obligation for security assistance for
the West Bank and Gaza until the Secretary of State reports to
the Committees on Appropriations on the benchmarks that have
been established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, inspections,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
[[Page 123 STAT. 3367]]
(e) Subsequent <<NOTE: Audit. Investigation.>> to the certification
specified in subsection (a), the Comptroller General of the United
States shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer assistance, in
fiscal year 2010 under the heading ``Economic Support Fund'', and such
audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Funds <<NOTE: Notification.>> made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Not <<NOTE: Deadline. Reports.>> later than 180 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition <<NOTE: President. Certification.>>
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on Appropriations that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the <<NOTE: President.>> waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed: Provided, That the report shall also detail the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the <<NOTE: Reports.>> President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority treasury account,
and there is a single comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
[[Page 123 STAT. 3368]]
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government of which
Hamas is a member.
(2)
Notwithstanding <<NOTE: President. Certification. Reports.>>
the limitation of subsection (1), assistance may be provided to
a power-sharing government only if the President certifies and
reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent,
has publicly accepted and is complying with the principles
contained in section 620K(b)(1)(A) and (B) of the Foreign
Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) Whenever <<NOTE: Reports. Deadline.>> the certification
pursuant to paragraph (2) is exercised, the Secretary of State
shall submit a report to the Committees on Appropriations within
120 days of the certification and every quarter thereafter on
whether such government, including all of its ministers or such
equivalent are continuing to comply with the principles
contained in section 620K(b)(l)(A) and (B) of the Foreign
Assistance Act of 1961, as amended: Provided, That the report
shall also detail the amount, purposes and delivery mechanisms
for any assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
saudi arabia
Sec. 7041. None of the funds made available in this Act may be
obligated or expended to finance any assistance to Saudi Arabia:
Provided, That <<NOTE: Waiver authority. Determination.>> the Secretary
of State may waive this section if the Secretary determines that to do
so is in the national interest of the United States.
near east
Sec. 7042. (a) Egypt.--
(1) Of the funds appropriated by titles III and IV of this
Act, not less than $1,295,200,000 shall be made available for
assistance for Egypt.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Egypt, up to
$50,000,000 may be made available for an endowment to further
the shared interests of the United States and Egypt, consistent
with the purposes and requirements for which such funds are
requested in the fiscal year 2010 congressional budget
justification materials and appropriated under such heading:
Provided, That <<NOTE: Consultation. Notification.>> the
Secretary of State shall consult with the Committees on
Appropriations on the establishment of such an endowment, and
any funds to be used for such an endowment shall be subject to
the regular notification procedures of the Committees on
Appropriations.
[[Page 123 STAT. 3369]]
(b) Iraq.--
(1) Of the funds appropriated by titles III and IV of this
Act, up to $466,800,000 may be made available for assistance for
Iraq.
(2) The <<NOTE: Applicability.>> terms and conditions of
section 1106(a) and (b) of Public Law 111-32 shall apply to
assistance for Iraq in fiscal year 2010.
(3) None <<NOTE: Base rights.>> of the funds made available
in this Act may be used by the Government of the United States
to enter into a permanent basing rights agreement between the
United States and Iraq.
(c) Jordan.--Of the funds appropriated by titles III and IV of this
Act, not less than $542,950,000 shall be made available for assistance
for Jordan.
(d) Lebanon.--
(1) Of the funds appropriated by titles III and IV of this
Act, not less than $238,300,000 shall be made available for
assistance for Lebanon.
(2) Funds appropriated under the heading ``Foreign Military
Financing Program'' in this Act for assistance for Lebanon shall
be made available only to professionalize the Lebanese Armed
Forces and to strengthen border security and combat terrorism,
including training and equipping the Lebanese Armed Forces to
secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups and implementing United Nations Security Council
Resolution 1701: Provided, That <<NOTE: Spending plan.>> funds
may not be made available for obligation until the Secretary of
State provides the Committees on Appropriations a detailed
spending plan.
(e) Middle East Peace.--Funds appropriated by this Act should be
made available in a manner to further peace in the Middle East between
Israelis and Palestinians.
(f) West Bank and Gaza.--
(1) Of the funds appropriated by titles III and IV of this
Act, $502,900,000 shall be made available for assistance for the
West Bank and Gaza.
(2) The <<NOTE: Applicability.>> reporting requirements
contained in section 1404 of Public Law 110-242 shall apply to
funds made available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(3) The <<NOTE: Applicability.>> reporting requirements
regarding the United Nations Relief and Works Agency contained
in the joint explanatory statement accompanying the Supplemental
Appropriations Act, 2009 (Public Law 111-32, House Report 111-
151) under the heading ``Migration and Refugee Assistance'' in
title XI shall apply to funds made available by this Act under
such heading.
iran sanctions
Sec. 7043. (a) Use of Funds.--It is the policy of the United States
to seek to prevent Iran from achieving the capability to produce or
otherwise manufacture nuclear weapons, including by supporting
international diplomatic efforts to halt Iran's uranium enrichment
program, and the President should fully implement and enforce the Iran
Sanctions Act of 1996, as amended (Public
[[Page 123 STAT. 3370]]
Law 104-172) as a means of encouraging foreign governments to require
state-owned and private entities to cease all investment in, and support
of, Iran's energy sector and all exports of refined petroleum products
to Iran.
(b) Limitation.--
(1) None of the funds made available in title VI of this Act
under the heading ``Program Account'' or ``Subsidy
Appropriation'' may be used by the Export-Import Bank of the
United States to authorize any new guarantee, insurance, or
extension of credit for any project controlled by an energy
producer or refiner that continues to:
(A) provide Iran with significant refined petroleum
resources;
(B) materially contribute to Iran's capability to
import refined petroleum resources; or
(C) allow Iran to maintain or expand, in any
material respect, its domestic production of refined
petroleum resources, including any assistance in
refinery construction, modernization, or repair.
(2) If <<NOTE: Determination. Reports. Exemption.>> the
Secretary of State determines and reports to the Committees on
Appropriations that a country is closely cooperating with
efforts of the United States related to Iran, such as through
the imposition of sanctions, the Secretary may exempt private
entities from such country from the limitation under paragraph
(1).
(3) The <<NOTE: President. Waiver
authority. Determination. Reports.>> President may waive the
limitation under paragraph (1) if the President determines and
reports to the Committees on Appropriations that to do so is
important to the national security interest of the United
States.
(c) Reports.--
(1) The Secretary of State shall submit to the Committees on
Appropriations, not later than 90 days after the date of
enactment of this Act and the end of each 90-day period
thereafter until September 30, 2010, a report on the status of
the bilateral and multilateral efforts aimed at curtailing the
pursuit by Iran of nuclear weapons technology.
(2) The <<NOTE: Deadline. Reports.>> Secretary of State, in
consultation with the Secretary of the Treasury, shall submit to
the Committees on Appropriations, not later than 180 days after
the date of enactment of this Act, a report on the status of
bilateral United States and multilateral sanctions against Iran
and actions taken by the United States and the international
community to enforce sanctions against Iran: Provided, That such
report may be submitted in classified form if necessary and
shall include the following:
(A) a list of all current United States bilateral
and multilateral sanctions against Iran;
(B) a list of all United States and foreign entities
that the Secretary of State has reason to believe may be
in violation of existing United States bilateral and
multilateral sanctions;
(C) a detailed description of United States efforts
to enforce sanctions, including a list of all
investigations initiated in the 12 months preceding the
date of enactment of this Act that have resulted in a
determination that a sanctions violation has occurred,
and actions taken by
[[Page 123 STAT. 3371]]
the United States Government pursuant to the
determination;
(D) any case in which sanctions were waived or
otherwise not imposed against an entity which was
determined to have engaged in activities for which
sanctions should be imposed and the reason why action
was not taken to sanction the entity; and
(E) a description of United States diplomatic
efforts to expand bilateral and multilateral sanctions
against Iran and strengthen international efforts to
enforce existing sanctions.
aircraft transfer and coordination
Sec. 7044. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International Narcotics
Control and Law Enforcement'', and ``Andean Counterdrug Programs'' may
be used for any other program and in any region, including for the
transportation of active and standby Civilian Response Corps personnel
and equipment during a deployment: Provided, That the responsibility for
policy decisions and justification for the use of such transfer
authority shall be the responsibility of the Secretary of State and the
Deputy Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The
authority <<NOTE: Applicability. Determination.>> provided in
subsection (a) shall apply only after a determination by the Secretary
of State to the Committees on Appropriations that the equipment is no
longer required to meet programmatic purposes in the designated country
or region: Provided, That <<NOTE: Notification.>> any such transfer
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport
Federal and non-Federal personnel supporting the Department of
State and USAID programs and activities: Provided further, That
official travel for other agencies for other purposes may be
supported on a reimbursable basis, or without reimbursement when
traveling on a space available basis.
(2) The <<NOTE: Applicability.>> requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Air Fleets.--Not later <<NOTE: Deadline. Reports.>> than
September 30, 2010, the Secretary of State, in consultation with the
USAID Administrator, shall submit a report to the Committees on
Appropriations detailing the total inventory of aircraft procured,
leased, or contracted by the Department of State and USAID, the
contractors operating such aircraft, and the annual costs of such
contracts: Provided, That such report shall also include a best value
analysis of the
[[Page 123 STAT. 3372]]
tradeoffs between the purchase or lease of aircraft, including all
aspects of the costs and risks associated with air operations such as
repair, maintenance, air safety and daily operations.
western hemisphere
Sec. 7045. (a) Trade Capacity.--Of the funds appropriated by this
Act, not less than $10,000,000 under the heading ``Development
Assistance'' and not less than $10,000,000 under the heading ``Economic
Support Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade agreements with
countries of Central America, Peru and the Dominican Republic.
(b) Assistance for Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Of the funds appropriated by this Act under titles III
and IV, not less than $295,530,000 shall be made available for
assistance for Haiti.
(3) None <<NOTE: Reports.>> of the funds made available by
this Act under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess weapons,
ammunition or other lethal property of an agency of the United
States Government to the Government of Haiti for use by the
Haitian National Police until the Secretary of State reports to
the Committees on Appropriations that any members of the Haitian
National Police who have been credibly alleged to have committed
serious crimes, including drug trafficking and violations of
internationally recognized human rights, have been suspended.
(c) Caribbean Basin Security Initiative.--Of the funds appropriated
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'' in this Act, not less than
$37,000,000 should be made available for assistance for the countries of
the Caribbean Basin, to provide equipment and training to combat drug
trafficking and related violence and organized crime, and for judicial
reform, institution building, education, anti-corruption, rule of law
activities, and maritime security, of which not less than $21,100,000
should be made available for social justice and education programs to
include vocational training, workforce development and juvenile justice
activities: Provided, That none of the funds made available under this
subsection shall be made available for budget support or as cash
payments.
(1) Spending plan.--Not later <<NOTE: Deadline.>> than 45
days after the date of the enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations a
detailed spending plan for funds appropriated or otherwise made
available for the countries of the Caribbean Basin by this Act,
with concrete goals, actions to be taken, budget proposals, and
anticipated results.
(2) Definition.--For the purposes of this subsection, the
term ``countries of the Caribbean Basin'' means Antigua and
Barbuda, The Bahamas, Barbados, Belize, Dominica, Dominican
Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and
[[Page 123 STAT. 3373]]
Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname,
and Trinidad and Tobago.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' not less
than $4,000,000 shall be made available for a United States
contribution to the International Commission Against Impunity in
Guatemala (CICIG).
(2) Funds appropriated by this Act under the heading
``International Military Education and Training'' (IMET) that
are available for assistance for Guatemala, other than for
expanded IMET, may be made available only for the Guatemalan Air
Force, Navy and Army Corps of Engineers: Provided, That
assistance for the Army Corps of Engineers shall only be
available for training to improve disaster response capabilities
and to participate in international peacekeeping operations:
Provided further, That <<NOTE: Certification.>> such funds may
be made available only if the Secretary of State certifies that
the Air Force, Navy and Army Corps of Engineers are respecting
internationally recognized human rights and cooperating with
civilian judicial investigations and prosecutions of current and
retired military personnel who have been credibly alleged to
have committed violations of such rights, and with the CICIG by
granting access to CICIG personnel, providing evidence to CICIG,
and allowing witness testimony.
(3) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than $1,000,000
may be made available for the Guatemalan Air Force, Navy and
Army Corps of Engineers: Provided, That assistance for the Army
Corps of Engineers shall only be available for training to
improve disaster response capabilities and to participate in
international peacekeeping operations: <<NOTE: Certification.>>
Provided further, That such funds may be made available only if
the Secretary of State certifies that the Air Force, Navy and
Army Corps of Engineers are respecting internationally
recognized human rights and cooperating with civilian judicial
investigations and prosecutions of current and retired military
personnel who have been credibly alleged to have committed
violations of such rights, including protecting and providing to
the Attorney General's office all military archives pertaining
to the internal armed conflict, and cooperating with the CICIG
by granting access to CICIG personnel, providing evidence to
CICIG, and allowing witness testimony: Provided further, That
funds made available in this Act for regional naval cooperation
and maritime security assistance programs shall not be subject
to the funding limitation of this subsection.
(e) Assistance for Mexico.--
(1) Assistance.--Of the funds appropriated under the
headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and
``Economic Support Fund'' in this Act, not more than
$210,250,000 may be made available for assistance for Mexico,
only to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution building,
anti-corruption, and rule of law activities: Provided, That none
of the funds made available under this subsection shall be made
available for budget support or as cash payments.
[[Page 123 STAT. 3374]]
(2) Applicability of fiscal year 2009 provisions.--The
provisions of paragraphs (1) through (3) of section 7045(e) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-
8) shall apply to funds appropriated or otherwise made available
by this Act for assistance for Mexico to the same extent and in
the same manner as such provisions of law applied to funds
appropriated or otherwise made available by such other Act for
assistance for Mexico.
(f) Assistance for the Countries of Central America.--Of the funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'', ``Economic Support Fund'', and ``Foreign Military
Financing Program'', up to $83,000,000 may be made available for
assistance for the countries of Central America only to combat drug
trafficking and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, rule of law activities,
and maritime security: Provided, That funds appropriated under the
heading ``Economic Support Fund'' shall be made available through the
United States Agency for International Development for continued support
of an Economic and Social Development Fund for Central America: Provided
further, That none of the funds made available under this subsection
shall be made available for budget support or as cash payments.
(1) Applicability of fiscal year 2009 provisions.--The
provisions of paragraphs (1) through (3) of section 7045(f) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-
8) shall apply to funds appropriated or otherwise made available
by this Act for assistance for countries of Central America to
the same extent and in the same manner as such provisions of law
applied to funds appropriated or otherwise made available by
such other Act for assistance for the countries of Central
America.
(2) Definition.--For the purposes of this subsection, the
term ``countries of Central America'' means Belize, Costa Rica,
El Salvador, Guatemala, Honduras, Nicaragua, and Panama.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be borne by the recipient country.
(h) Pilot Project.--Not later <<NOTE: Deadline. Reports. Passport
cards.>> than June 30, 2011, the Secretary of State, in consultation
with the Secretary of Homeland Security, shall submit a report to the
Committees on Appropriations on the feasibility of extending the use of
passport cards as proof of identity and citizenship for the purposes of
international travel by nationals of the United States, Canada, and
Mexico to air ports of entry between the United States and Canada and
between the United States and Mexico: Provided, That the report shall
detail all relevant security, infrastructure, budget, policy, or
diplomatic implications that may arise from extending such use of
passport cards: Provided further, That the Secretary shall use up to
$100,000 of the funds made available under the heading ``Diplomatic and
Consular Programs'' in this Act for a pilot project to test the
feasibility of such use of passport cards at selected air ports of entry
between the United States and Canada.
[[Page 123 STAT. 3375]]
colombia
Sec. 7046. (a) Assistance.--Of the funds appropriated under the
headings ``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``International Military Education and Training'',
and ``Foreign Military Financing Program'' in this Act, not more than
$521,880,000 shall be made available for assistance for Colombia.
Funds appropriated by this Act and made available to the Department
of State for assistance to the Government of Colombia may be used to
support a unified campaign against narcotics trafficking and
organizations designated as Foreign Terrorist Organizations and
successor organizations, and to take actions to protect human health and
welfare in emergency circumstances, including undertaking rescue
operations: Provided, That assistance made available in prior Acts for
the Government of Colombia to protect the Cano-Limon pipeline may also
be used for purposes for which funds are made available under the
heading ``International Narcotics Control and Law Enforcement'' in this
Act: Provided further, That no United States Armed Forces personnel or
United States civilian contractor employed by the United States will
participate in any combat operation in connection with assistance made
available by this Act for Colombia: Provided further, That rotary and
fixed wing aircraft supported with funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' for assistance
for Colombia may be used for aerial or manual drug eradication and
interdiction including to transport personnel and supplies and to
provide security for such operations, and to provide transport in
support of alternative development programs and investigations of cases
under the jurisdiction of the Attorney General, the Procuraduria General
de la Nacion, and the Defensoria del Pueblo: Provided further,
That <<NOTE: President. Helicopters.>> the President shall ensure that
if any helicopter procured with funds in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, is used to aid or abet the operations of any illegal
self-defense group, paramilitary organization, illegal security
cooperative or successor organizations in Colombia, such helicopter
shall be immediately returned to the United States: Provided further,
That none of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available for assistance for the Colombian
Departamento Administrativo de Seguridad.
Of the <<NOTE: Certification.>> funds available under the heading
``International Narcotics Control and Law Enforcement'' for the
Colombian national police for the procurement of chemicals for aerial
coca and poppy eradication programs, not more than 20 percent of such
funds may be made available for such eradication programs unless the
Secretary of State certifies to the Committees on Appropriations that:
(1) the herbicide is being used in accordance with Environmental
Protection Agency label requirements for comparable use in the United
States and with Colombian laws; and (2) the herbicide, in the manner it
is being used, does not pose unreasonable risks or adverse effects to
humans or the environment, including endemic species: Provided,
That <<NOTE: Certification.>> such funds may not be made available
[[Page 123 STAT. 3376]]
unless the Secretary of State certifies to the Committees on
Appropriations that any complaints of harm to health or licit crops
caused by such aerial eradication are thoroughly investigated and
evaluated, and fair compensation is being paid in a timely manner for
meritorious claims: Provided further, That such funds may not be made
available for such purposes unless programs are being implemented by the
United States Agency for International Development, the Government of
Colombia, or other organizations, in consultation and coordination with
local communities, to provide alternative sources of income in areas
where security permits for small-acreage growers and communities whose
illicit crops are targeted for aerial eradication: Provided further,
That none of the funds appropriated by this Act for assistance for
Colombia shall be made available for the cultivation or processing of
African oil palm, if doing so would contribute to significant loss of
native species, disrupt or contaminate natural water sources, reduce
local food security, or cause the forced displacement of local people:
Provided further, That <<NOTE: Certification.>> funds appropriated by
this Act may not be used for aerial eradication in Colombia's national
parks or reserves unless the Secretary of State certifies to the
Committees on Appropriations on a case-by-case basis that there are no
effective alternatives and the eradication is conducted in accordance
with Colombian laws.
(b) Applicability of Fiscal Year 2009 Provisions.--
(1) In general.--Except as provided in paragraph (2), the
provisions of subsections (b) through (f) of section 7046 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall
apply to funds appropriated or otherwise made available by this
Act for assistance for Colombia to the same extent and in the
same manner as such provisions of law applied to funds
appropriated or otherwise made available by such other Act for
assistance for Colombia.
(2) Exceptions.--The following provisions of section 7046 of
division H of Public Law 111-8 <<NOTE: Ante, p. 888.>> shall
apply to funds appropriated or otherwise made available by this
Act for assistance for Colombia as follows:
(A) Subsection (b)(1)(B) is amended by striking
clause (iv) and inserting the following:
``(iv) That the Government of Colombia is
respecting the rights of human rights defenders,
journalists, trade unionists, political opposition
and religious leaders, and indigenous and Afro-
Colombian communities, and the Colombian Armed
Forces are implementing procedures to distinguish
between civilians, including displaced persons,
and combatants in their operations.''.
(B) Subsection (b)(2) is amended by striking ``July
31, 2009'' and inserting ``July 31, 2010''.
(C) Subsection (b)(3) is amended by striking
``Andean Counterdrug Programs'' and inserting
``International Narcotics Control and Law Enforcement''.
(D) Subsection (c) is amended by striking
``September 30, 2009'' and inserting ``September 30,
2010''.
(E) Subsection (d)(1) is amended--
(i) by striking ``$16,769,000'' and inserting
``$18,606,000''; and
[[Page 123 STAT. 3377]]
(ii) by striking ``fiscal year 2009'' and
inserting ``fiscal year 2010''.
community-based police assistance
Sec. 7047. (a) Authority.--Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations with
the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
prohibition of payments to united nations members
Sec. 7048. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United Nations
or, from funds appropriated by this Act to carry out chapter 1 of part I
of the Foreign Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
war crimes tribunals drawdown
Sec. 7049. If <<NOTE: President. Determination.>> the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That <<NOTE: Notification.>> funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
peacekeeping missions
Sec. 7050. None of the funds made available under title I of this
Act may be used for any United Nations activity when it is made known to
the Federal official having authority to obligate or expend such funds
that: (1) the United Nations activity is a peacekeeping mission; (2)
such activity will involve United States Armed Forces under the command
or operational control of a foreign
[[Page 123 STAT. 3378]]
national; and (3) the President's military advisors have not submitted
to the President a recommendation that such involvement is in the
national interests of the United States and the President has not
submitted to the Congress such a recommendation.
peacekeeping assessment
Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
amended by adding the following:
``(vi) For assessments made during calendar
year 2010, 27.3 percent.''.
united nations human rights council
Sec. 7052. The <<NOTE: Reports. Deadlines.>> Secretary of State
shall report to the Committees on Appropriations not later than 30 days
after the date of enactment of this Act, and every 180 days thereafter
until September 30, 2010, on the resolutions adopted in the United
Nations Human Rights Council.
attendance at international conferences
Sec. 7053. None <<NOTE: Reports.>> of the funds made available in
this Act may be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless the
Secretary of State reports to the Committees on Appropriations that such
attendance is in the national interest: <<NOTE: Definition.>> Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
restrictions on united nations delegations
Sec. 7054. None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if such
commission is chaired or presided over by a country, the government of
which the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
parking fines and real property taxes owed by foreign governments
Sec. 7055. (a) <<NOTE: Certification.>> Subject to subsection (c),
of the funds appropriated under titles III through VI by this Act that
are made available for assistance for a foreign country, an amount equal
to 110 percent of the total amount of the unpaid fully adjudicated
parking fines and penalties and unpaid property taxes owed by the
central government of such country shall be withheld from obligation for
assistance for the central government of such country
[[Page 123 STAT. 3379]]
until the Secretary of State submits a certification to the Committees
on Appropriations stating that such parking fines and penalties and
unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be
made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the Committees on Appropriations, provided that no such
funds shall be made available for assistance for the central government
of a foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property taxes owed
by such country.
(c) Subsection (a) shall not include amounts that have been withheld
under any other provision of law.
(d)(1) The <<NOTE: Waiver authority. Effective
date. Determinations.>> Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act, or at any
time with respect to a particular country, if the Secretary determines
that it is in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not <<NOTE: Deadline. Reports.>> later than 6 months after the
initial exercise of the waiver authority in subsection (d), the
Secretary of State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being taken, to
collect the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this Act.
(f) In <<NOTE: Definitions.>> this section:
(1) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred <<NOTE: Time period.>> during the
period April 1, 1997, through September 30, 2009.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against such
country by a court of the United States or any State or
subdivision thereof.
[[Page 123 STAT. 3380]]
landmines and cluster munitions
Sec. 7056. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments; and
(2) the agreement applicable to the assistance, transfer, or
sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present or in areas normally inhabited
by civilians.
prohibition on publicity or propaganda
Sec. 7057. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
limitation on residence expenses
Sec. 7058. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate
steps shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7059. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$93,000,000 of the funds made available in title III of this Act to
carry out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
[[Page 123 STAT. 3381]]
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The <<NOTE: Expiration date.>> authority to hire
individuals contained in subsection (a) shall expire on
September 30, 2011.
(c) Conditions.--The authority of subsection (a) may only be used to
the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor or
other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations on a quarterly basis concerning the
implementation of this section.
(f) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which such individual's responsibilities primarily
relate: Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by this Act
in title II under the heading ``Operating Expenses''.
(g) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(h) Junior Officer Placement Authority.--Of the funds made available
in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $15,000,000 to fund overseas support
costs of members of the Foreign Service with a Foreign Service rank of
four or below: Provided, That such authority is only used to reduce
USAID's reliance on overseas personal services contractors or other non-
direct hire employees compensated with funds appropriated to carry out
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds made
available by this Act in title III for assistance under the heading
``Global Health and Child Survival'', may be used to reimburse United
States Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for the full
cost of individuals (including for the personal
[[Page 123 STAT. 3382]]
services of such individuals) detailed or assigned to, or contracted by,
as the case may be, USAID for the purpose of carrying out activities
under that heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading ``Development
Assistance'' may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out other
development assistance activities.
(k) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by USAID to
employ up to 40 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose of providing
direct, interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire personnel
are hired and trained: <<NOTE: Assignment.>> Provided, That not more
than 10 of such contractors shall be assigned to any bureau or office:
Provided further, That not more than 15 of such contractors shall be for
activities related to USAID's Afghanistan program: Provided further,
That such funds appropriated to carry out title II of the Agricultural
Trade Development and Assistance Act of 1954, may be made available only
for personal services contractors assigned to the Office of Food for
Peace.
(l) Hiring Authority.--Notwithstanding section 307 of the Foreign
Service Act of 1980, the USAID Administrator may hire up to 30
individuals under the Development Leadership Initiative: Provided,
That <<NOTE: Expiration date.>> the authority contained in this
subsection shall expire on September 30, 2011.
(m) Recruitment Strategy.--Funds made <<NOTE: Notification.>>
available under the heading ``Operating Expenses'' in title II of this
Act may be made available to implement the strategy described in section
7059(1) of Public Law 111-8, subject to the regular notification
procedures of the Committees on Appropriations.
(n) Locally Employed Staff.--Of the funds appropriated under title
II of this Act, up to $1,000,000, in addition to funds otherwise made
available for such purposes, may be made available for special
compensation for overseas, locally employed staff.
(o) Senior Foreign Service Limited Appointments.--Pursuant to the
authority of section 309 of the Foreign Service Act of 1980, and
notwithstanding the limitation set forth in section 305 of the Foreign
Service Act of 1980, as amended, USAID may appoint into the Senior
Foreign Service and employ up to 10 individuals to be assigned to or
support programs in Iraq, Afghanistan, or Pakistan with funds made
available in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
global health activities
Sec. 7060. Funds <<NOTE: HIV/AIDS.>> appropriated by titles III
and IV of this Act that are made available for bilateral assistance for
child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control of,
HIV/AIDS may be made available notwithstanding any other provision of
law except for the provisions under the heading ``Global Health and
Child Survival'' and the United States Leadership Against
[[Page 123 STAT. 3383]]
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $648,457,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity or
endangered species.
development grants program
Sec. 7061. Of the funds appropriated in title III of this Act, not
less than $40,000,000 shall be made available for the Development Grants
Program established pursuant to section 674 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161), to support grants of not more than
$2,000,000 to small nongovernmental organizations: Provided, That funds
made available under this section are in addition to other funds
available for such purposes including funds designated by this Act by
section 7065.
women in development
Sec. 7062. (a) Programs funded under title III of this Act shall
include, where appropriate, gender considerations in the planning,
assessment, implementation, monitoring and evaluation of such programs.
(b) Funds made available under title III of this Act shall be made
available to support programs to enhance economic opportunities for poor
women in developing countries, including increasing the number and
capacity of women-owned enterprises, improving property rights for
women, increasing access to financial services, and improving women's
ability to participate in the global economy.
(c) Funds made available under title III of this Act for food
security and agricultural development shall take into consideration the
unique needs of women, and technical assistance for women farmers should
be a priority.
gender-based violence
Sec. 7063. (a) Funds appropriated under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' in this Act shall be made available for
programs to address sexual and gender-based violence.
(b) Programs and activities funded under titles III and IV of this
Act that provide training for foreign police, judicial, and military
officials shall address, where appropriate, gender-based violence.
education
Sec. 7064. (a) Basic Education.--
(1) Of the funds appropriated by title III of this Act, not
less than $925,000,000 should be made available for assistance
for basic education, of which not less than $365,000,000 shall
be made available under the heading ``Development Assistance''.
(2) There <<NOTE: Continuation. 22 USC 2651a note.>> shall
continue to be a Coordinator of United States Government Actions
to Provide Basic Education Assistance in developing countries as
established in section 664 of division J of Public Law 110-161.
[[Page 123 STAT. 3384]]
(3) The United States Agency for International Development
shall ensure that programs supported with funds appropriated for
basic education in this Act and prior Acts are integrated, when
appropriate, with health, agriculture, governance, and economic
development activities to address the economic and social needs
of the broader community.
(b) Higher Education.--Of the funds appropriated by title III of
this Act, not less than $200,000,000 shall be made available for
assistance for higher education, of which not less than $25,000,000
shall be made available for such assistance for Africa including not
less than $15,000,000 to support partnerships between African and United
States institutions of higher education.
reconciliation programs
Sec. 7065. Of the funds appropriated by title III of this Act under
the headings ``Economic Support Fund'' and ``Development Assistance'',
$26,000,000 shall be made available to support people to people
reconciliation programs which bring together individuals of different
ethnic, religious and political backgrounds from areas of civil strife
and war, of which $10,000,000 shall be made available for such programs
in the Middle East: <<NOTE: Consultation.>> Provided, That the
Administrator of the United States Agency for International Development
shall consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the most effective uses of such funds.
comprehensive expenditures report
Sec. 7066. Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the total amount of United States Government
expenditures in fiscal years 2008 and 2009, by Federal agency, for
assistance programs and activities in each foreign country, identifying
the line item as presented in the President's Budget Appendix and the
purpose for which the funds were provided: Provided, That if required,
information may be submitted in classified form.
requests for documents
Sec. 7067. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
senior policy operating group
Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in
Persons, established under section 105(f) of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
agency activities regarding policies (including grants and grant
policies) involving the international trafficking in persons, shall
coordinate all such policies related to the activities of traffickers
and victims of severe forms of trafficking.
[[Page 123 STAT. 3385]]
(b) None of the funds provided under title I of this or any other
Act making appropriations for the Department of State, foreign
operations, and related programs shall be expended to perform functions
that duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
prohibition on use of torture
Sec. 7069. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture,
cruel or inhumane treatment by any official or contract employee of the
United States Government.
africa
Sec. 7070. (a) Expanded International Military Education and
Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' in this Act that are made
available for assistance for Angola, Cameroon, Central African
Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may be made
available only for training related to international
peacekeeping operations and expanded international military
education and training: Provided, That the limitation included
in this paragraph shall not apply to courses that support
training in maritime security for Angola and Cameroon.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
may be made available for assistance for Equatorial Guinea or
Somalia.
(b) Counterterrorism Programs.--Funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining, and Related Programs'',
and ``Peacekeeping Operations'' shall be made available as follows:
(1) Not less than $24,735,000 shall be made available for
the East Africa Regional Strategic Initiative;
(2) Not less than $3,600,000 shall be made available for
Africa Conflict Stabilization and Border Security;
(3) Not less than $81,315,000 shall be made available for
Trans-Sahara Counterterrorism Partnership; and
(4) Not less than $10,000,000 shall be made available for a
Horn of Africa and Pan Sahel Program, in addition to funds
otherwise made available for such purposes, to be administered
by the United States Agency for International Development.
(c) Ethiopia.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
available for assistance for Ethiopia may be made available
unless the Secretary of State--
(A) determines <<NOTE: Determination. Human
rights.>> that the Government of Ethiopia is taking
effective measures to guarantee the rights of its
citizens to peaceful expression, association and
assembly, and to document violations of internationally
recognized human rights without harassment or criminal
penalty, and
[[Page 123 STAT. 3386]]
provides such determination in writing to the Committees
on Appropriations; and
(B) submits <<NOTE: Reports.>> a report to such
Committees on the types and amounts of United States
training and equipment provided to the Ethiopian
military including steps being taken to ensure that such
assistance is not provided to Ethiopian military units
or personnel with records of violations of
internationally recognized human rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to support the deployment of members of the Ethiopian
military in international peacekeeping operations.
(d) Rwanda.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda if the Secretary of State
has credible evidence that the Government of Rwanda is providing
political, military or financial support to armed groups in the
Democratic Republic of the Congo that have committed violations
of internationally recognized human rights, including rape.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the importation
of minerals into Rwanda by such groups, or to support the
deployment of members of the Rwandan military in international
peacekeeping operations.
(e) Natural Resource Transparency.--Funds appropriated by this Act
that are available for assistance for Liberia, Sierra Leone, Nigeria,
Cote d'Ivoire, and the countries participating in the Congo Basin Forest
Partnership shall be made available to promote and support transparency
and accountability in relation to the extraction of timber, oil and gas,
cacao and other natural resources, including by strengthening
implementation and monitoring of the Extractive Industries Transparency
Initiative and the Kimberley Process Certification Scheme.
(f) Sudan Limitation on Assistance.--
(1) Subject to subsection (2):
(A) Notwithstanding any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may
be made available for the cost, as defined in section
502, of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Subsection <<NOTE: Determination. Certification.>>
(f)(1) shall not apply if the Secretary of State determines and
certifies to the Committees on Appropriations that:
(A) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and demobilizes
the Janjaweed and other government-supported militias;
(B) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements; and
(C) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
[[Page 123 STAT. 3387]]
human rights investigation and humanitarian teams of the
United Nations, including protection officers, and an
international monitoring team that is based in Darfur
and has the support of the United States.
(3) The provisions of subsection (f)(1) shall not apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern
Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized viable
peace agreement in Sudan.
(4) For <<NOTE: Definition.>> the purposes of this Act, the
term ``Government of Sudan'' shall not include the Government of
Southern Sudan.
(5) Notwithstanding any other provision of law, assistance
in this Act may be made available to the Government of Southern
Sudan to provide non-lethal military assistance, military
education and training, and defense services controlled under
the International Traffic in Arms Regulations (22 CFR 120.1 et
seq.) if the Secretary of State--
(A) determines <<NOTE: Determination.>> that the
provision of such items is in the national interest of
the United States; and
(B) not <<NOTE: Deadline. Notification.>> later
than 15 days before the provision of any such
assistance, notifies the Committees on Appropriations of
such determination.
(g) Southern Sudan.--The Secretary <<NOTE: Audits. Public
information.>> of State shall seek to obtain regular audits of the
financial accounts of the Government of Southern Sudan to ensure
transparency and accountability of funds, including revenues from the
extraction of oil and gas, and the public disclosure of such audits in a
timely manner: Provided, That in determining amounts and types of United
States assistance to make available to the Government of Southern Sudan,
the Secretary shall consider the extent to which such government is
ensuring transparency and accountability of
funds: <<NOTE: Reports. Deadline.>> Provided further, That the
Secretary shall, as appropriate, assist the Government of Southern Sudan
in conducting such audits, and shall submit a report not later than 90
days after enactment of this Act to the Committees on Appropriations
detailing the steps that will be taken by the Government of Southern
Sudan to improve resource management and ensure transparency and
accountability of funds.
(h) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) Funds <<NOTE: Determination. Reports.>> appropriated by
this Act, including funds for debt restructuring, may be made
available for assistance for the central government of a country
in which individuals indicted by ICTR and SCSL are credibly
alleged to be living, if the Secretary of State determines and
reports to the Committees on Appropriations that such government
is cooperating with ICTR and SCSL, including the surrender and
transfer of indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under section
551 of the Foreign Assistance Act of 1961 or to project
assistance
[[Page 123 STAT. 3388]]
under title VI of this Act: Provided further, That the United
States shall use its voice and vote in the United Nations
Security Council to fully support efforts by ICTR and SCSL to
bring to justice individuals indicted by such tribunals in a
timely manner.
(3) The <<NOTE: Waiver authority. President.>> prohibition
in subsection (2) may be waived on a country-by-country basis if
the President determines that doing so is in the national
security interest of the United States: Provided,
That <<NOTE: Reports.>> prior to exercising such waiver
authority, the President shall submit a report to the Committees
on Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in
question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing
the indictee before such court; and
(C) the justification for exercising the waiver
authority.
(i) Zimbabwe.-- <<NOTE: 22 USC 2151 note.>>
(1) The <<NOTE: Loans. Determination. Reports.>> Secretary
of the Treasury shall instruct the United States executive
director to each international financial institution to vote
against any extension by the respective institution of any loans
to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State
determines and reports in writing to the Committees on
Appropriations that the rule of law has been restored in
Zimbabwe, including respect for ownership and title to property,
freedom of speech and association.
(2) None of the funds appropriated by this Act shall be made
available for assistance for the central government of Zimbabwe,
except for macroeconomic growth assistance, unless the Secretary
of State makes the determination pursuant to paragraph (1).
asia
Sec. 7071. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director to each international financial
institution to use the voice and vote of the United States to
support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions; and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $7,400,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China.
(b) Burma.--
(1) The <<NOTE: Loans. 50 USC 1701 note.>> Secretary of the
Treasury shall instruct the United States executive director to
each appropriate international
[[Page 123 STAT. 3389]]
financial institution in which the United States participates,
to oppose and vote against the extension by such institution of
any loan or financial or technical assistance or any other
utilization of funds of the respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $36,500,000 shall be
made available for assistance for Burma: Provided, That such
assistance shall be made available only to support democracy and
humanitarian programs and activities in Burma, programs and
activities along the Burma-Thailand border, programs and
activities involving Burmese student groups and other
organizations located outside Burma, and humanitarian assistance
for displaced Burmese along Burma's borders: Provided further,
That such funds may be made available notwithstanding any other
provision of law: <<NOTE: Thailand.>> Provided further, That in
addition to assistance for Burmese refugees provided under the
heading ``Migration and Refugee Assistance'' in this Act, not
less than $4,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical and
other humanitarian assistance to internally displaced persons in
eastern Burma.
(3) Funds <<NOTE: Notification.>> made available under
paragraph (2) for any new program, project or activity shall be
subject to prior consultation with the Committees on
Appropriations and all such funds made available under paragraph
(2) shall be subject to the regular notification procedures of
such Committees: Provided, That when implementing activities
with funds appropriated by this Act for assistance for Burma,
the implementing agency shall only support activities that are
consistent with the principles and goals of the National League
for Democracy in Burma.
(c) Cambodia.--Funds made <<NOTE: Certification.>> available in
this Act for a United States contribution to a Khmer Rouge tribunal may
only be made available if the Secretary of State certifies to the
Committees on Appropriations that the United Nations and the Government
of Cambodia are taking credible steps to address allegations of
corruption and mismanagement within the tribunal.
(d) Indonesia.--
(1) Of <<NOTE: Reports.>> the funds appropriated by this
Act under the heading ``Foreign Military Financing Program'',
not to exceed $20,000,000 shall be made available for assistance
for Indonesia, of which $2,000,000 is withheld from obligation
until the Secretary of State submits to the Committees on
Appropriations the report on Indonesia detailed under such
heading in the joint explanatory statement accompanying this
Act.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $400,000 should be made available for
grants for capacity building of Indonesian human rights
organizations, including in Papua.
(e) Nepal.--
(1) Funds <<NOTE: Certification.>> appropriated by this Act
under the heading ``Foreign Military Financing Program'' may be
made available for assistance for Nepal if the Secretary of
State certifies to the Committees on Appropriations that the
Nepal Army is--
[[Page 123 STAT. 3390]]
(A) cooperating fully with investigations and
prosecutions by civilian judicial authorities of
violations of internationally recognized human rights;
and
(B) working constructively to redefine the Nepal
Army's mission and adjust its size accordingly,
implement reforms including strengthening the capacity
of the civilian ministry of defense to improve budget
transparency and accountability, and facilitate the
integration of former rebel combatants into the security
forces including the Nepal Army, consistent with the
goals of reconciliation, peace and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance to support the deployment of members of the Nepal
Army in humanitarian relief and reconstruction operations in
Nepal.
(f) North Korea.--
(1) Funds <<NOTE: Refugees.>> appropriated under the
heading ``Migration and Refugee Assistance'' in this Act shall
be made available for assistance for refugees from North Korea.
(2) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this
Act, up to $8,000,000 should be made available for broadcasts
into North Korea.
(3) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $3,500,000 shall be made available
for democracy, human rights, and governance programs for North
Korea.
(4) None <<NOTE: Energy.>> of the funds made available by
this Act under the heading ``Economic Support Fund'' may be made
available for energy-related assistance for North Korea.
(5) Funds <<NOTE: Notification.>> made available by this
Act under the heading ``Economic Support Fund'' for assistance
for countries in the North Asia region may be made available for
programs and activities pursuant to section 4 of Public Law 108-
333, as amended, and subject to the regular notification
procedures of the Committees on Appropriations: Provided, That
for the purposes of this subsection, such programs and
activities shall be considered democracy promotion.
(6) Not <<NOTE: Deadline. Reports. Determination.>> later
than 45 days after enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations the amount the
Secretary determines the Government of North Korea owes the
Government of the United States for the unsupervised
distribution of food assistance provided by the United
States: <<NOTE: Reports.>> Provided, That the Secretary of
State should reduce any assistance made available to the
Government of North Korea by such amount, unless the Secretary
reports to the Committees on Appropriations that the Government
of North Korea provided such food assistance to eligible
recipients as intended, or that North Korea has reimbursed the
Government of the United States for the costs of such food
assistance: Provided further, That the previous proviso shall
not apply to programs and activities that promote human rights,
democracy, rule of law, and to humanitarian assistance.
(g) People's Republic of China.--
(1) None <<NOTE: Export and
imports. Deadline. Notification.>> of the funds appropriated
under the heading ``Diplomatic and Consular Programs'' in this
Act may be obligated or expended for processing licenses for the
export of satellites
[[Page 123 STAT. 3391]]
of United States origin (including commercial satellites and
satellite components) to the People's Republic of China unless,
at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
(2) The <<NOTE: Applicability. People's Liberation Army.>>
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the People's Republic of China, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Notwithstanding <<NOTE: Notification.>> any other
provision of law and subject to the regular notification
procedures of the Committees on Appropriations, of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $12,000,000 shall be made available
to United States educational institutions and nongovernmental
organizations for programs and activities in the People's
Republic of China relating to the environment, governance, and
the rule of law.
(h) Philippines.--Of the <<NOTE: Reports.>> funds appropriated by
this Act under the heading ``Foreign Military Financing Program'', not
to exceed $32,000,000 may be made available for assistance for the
Philippines, of which $3,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the
report on the Philippines detailed under such heading in the joint
explanatory statement accompanying this Act.
(i) Timor-Leste.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $1,000,000, in addition
to funds otherwise made available for such purposes, shall be made
available for democracy programs and activities in Timor-Leste, and not
less than $2,000,000 shall be made available for higher education
scholarships.
(j) Vietnam.--Funds appropriated <<NOTE: Dioxin.>> by this Act that
are made available for assistance for Vietnam for remediation of dioxin
contaminated sites and related health activities may be made available
for assistance for the Government of Vietnam, including the military,
for such purposes.
serbia
Sec. 7072. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2010,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2010, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government
of Serbia subject to the conditions in subsection (c).
(c) The <<NOTE: Determination. Certification.>> determination and
certification referred to in subsection (a) is a determination and a
certification by the President to the Committees on Appropriations that
the Government of Serbia is--
(1) cooperating <<NOTE: Ratko Mladic.>> with the
International Criminal Tribunal for the former Yugoslavia
including access for investigators,
[[Page 123 STAT. 3392]]
the provision of documents, timely information on the location,
movement, and sources of financial support of indictees, and the
surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to humanitarian assistance or
assistance to promote democracy.
independent states of the former soviet union
Sec. 7073. (a) None of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall be made
available for assistance for a government of an Independent State of the
former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: <<NOTE: President. Determination.>>
Provided, That such funds may be made available without regard to the
restriction in this subsection if the President determines that to do so
is in the national security interest of the United States.
(b) Funds <<NOTE: Notification.>> appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(c)(1) Of <<NOTE: President. Determination. Certification.>> the
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'' that are allocated for assistance for the Government
of the Russian Federation, 60 percent shall be withheld from obligation
until the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(d) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
[[Page 123 STAT. 3393]]
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
repression in the russian federation
Sec. 7074. (a) <<NOTE: Time period. Certification.>> None of the
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'' in this Act may be made available for the Government
of the Russian Federation, after 180 days from the date of the enactment
of this Act, unless the Secretary of State certifies to the Committees
on Appropriations that the Government of the Russian Federation:
(1) has implemented no statute, Executive order, regulation
or similar government action that would discriminate, or which
has as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in
violation of accepted international agreements on human rights
and religious freedoms to which the Russian Federation is a
party;
(2) is honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due
process;
(3) is investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and
(4) is immediately releasing political leaders, activists
and journalists who remain in detention.
(b) The <<NOTE: Waiver authority. Determination.>> Secretary of
State may waive the requirements of subsection (a) if the Secretary
determines that to do so is important to the national interests of the
United States.
central asia
Sec. 7075. The <<NOTE: Applicability.>> terms and conditions of
sections 7075(a) and (b) and 7076(a) through (e) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8) shall apply to funds appropriated by
this Act: <<NOTE: Definition.>> Provided, That for purposes of the
application of section 7076(e) to this Act, the term ``assistance''
shall not include expanded international military education and
training.
afghanistan
Sec. 7076. (a) In General.--Funds appropriated by this Act that are
available for assistance for Afghanistan shall be made available, to the
maximum extent practicable, in a manner that utilizes Afghan entities
and emphasizes the participation and leadership of Afghan women and
directly improves the security,
[[Page 123 STAT. 3394]]
economic and social well-being, and political status of Afghan women and
girls.
(b) Assistance for Women and Girls.--
(1) The <<NOTE: Applicability.>> terms and conditions of
section 1102(b)(1) of Public Law 111-32 shall apply to
assistance for Afghanistan in fiscal year 2010.
(2) Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'', not less than $175,000,000 shall be made
available to support programs that directly address the needs
and protect the rights of Afghan women and girls, including for
the Afghan Independent Human Rights Commission, the Afghan
Ministry of Women's Affairs, and for women-led nongovernmental
organizations.
(c) <<NOTE: Applicability.>> Procurement of Afghan Products and
Services.--The terms and conditions of section 1102(c) of Public Law
111-32 shall apply to assistance for Afghanistan in fiscal year 2010.
(d) Anticorruption.-- <<NOTE: Applicability.>>
(1) The terms and conditions of section 1102(d) of Public
Law 111-32 shall apply to assistance for Afghanistan in fiscal
year 2010.
(2) Of <<NOTE: Certification.>> the funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
available for assistance for the Government of Afghanistan,
$200,000,000 may not be obligated for such assistance unless the
Secretary of State certifies to the Committees on Appropriations
that the Government of Afghanistan is cooperating fully with
United States efforts against the Taliban and Al Qaeda and to
reduce poppy cultivation and illicit drug
trafficking: <<NOTE: Waiver authority. Reports.>> Provided,
That the Secretary of State may waive the previous sentence if
the Secretary reports to the Committees on Appropriations that
to do so is vital to the national security interests of the
United States.
(e) Reconstruction and Development Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Afghanistan, not less than $175,000,000 shall be made available
for the National Solidarity Program.
(2) The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the Secretary of Defense, should enhance United
States reconstruction efforts in Afghanistan by--
(A) emphasizing capacity building and support of
Afghan entities and institutions at the provincial and
sub-provincial levels; and
(B) requiring civilian Provincial Reconstruction
Team (PRT) leaders to consult regularly with appropriate
local Afghan leaders in their respective provinces and
ensuring that PRT reconstruction and development
activities support local needs in a sustainable manner
and strengthen the authority and control of the
Government of Afghanistan at the provincial and sub-
provincial levels.
(f) Rule of Law Programs.--The Coordinator for Rule of Law at the
United States Embassy in Kabul, Afghanistan shall be consulted on the
use of all funds appropriated by this Act for rule of law programs and
activities in Afghanistan.
(g) Base Rights.--None of the funds made available by this Act may
be used by the United States Government to enter into
[[Page 123 STAT. 3395]]
a permanent basing rights agreement between the United States and
Afghanistan.
enterprise funds
Sec. 7077. (a) <<NOTE: President. Notifications. Distribution
plan.>> Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(b) Funds made available under titles III through VI of this Act for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities and shall be subject to the
regular notification procedures of the Committees on Appropriations.
united nations population fund
Sec. 7078. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2010, $55,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds
appropriated <<NOTE: Notification.>> by this Act for UNFPA, that are
not made available for UNFPA because of the operation of any provision
of law, shall be transferred to the ``Global Health and Child Survival''
account and shall be made available for family planning, maternal, and
reproductive health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA <<NOTE: Abortions.>> does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
the UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that the UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds the UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
[[Page 123 STAT. 3396]]
opic
(including transfer of funds)
Sec. 7079. (a) <<NOTE: President. Determination.>> Whenever the
President determines that it is in furtherance of the purposes of the
Foreign Assistance Act of 1961, up to a total of $20,000,000 of the
funds appropriated under title III of this Act may be transferred to,
and merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels in this
Act shall not be transferred pursuant to this
section: <<NOTE: Notification.>> Provided further, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(b) The <<NOTE: Deadline. Guidelines. Requirements. 22 USC 2191b.>>
President of the Overseas Private Investment Corporation is hereby
authorized and directed to issue, not later than 9 months after the date
of enactment of this Act, a comprehensive set of environmental,
transparency and internationally recognized worker rights and human
rights guidelines with requirements binding on the Corporation and its
investors that shall be consistently applied to all projects, funds and
sub-projects supported by the Corporation: <<NOTE: Notice. Public
comment.>> Provided, That these regulations shall be no less rigorous
than the environmental and social guidelines that the Corporation has
made publicly available as of June 3, 2009, and the environmental and
social policies of the World Bank Group, and hereafter may be issued and
further revised only following public notice and opportunity for
comment: <<NOTE: Reports.>> Provided further, That the Overseas Private
Investment Corporation shall issue a report, not later than 180 days
after enactment of this Act, highlighting its substantial commitment to
invest in renewable and other clean energy technologies and plans to
significantly reduce greenhouse gas emissions from its portfolio:
Provided further, That such commitment shall include implementing a
revised climate change mitigation plan to reduce greenhouse gas
emissions associated with projects and sub-projects in the agency's
portfolio as of June 30, 2008 by at least 30 percent over a 10-year
period and by at least 50 percent over a 15-year period.
(c) Notwithstanding <<NOTE: Termination date. 22 USC 2194 note.>>
section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(2)), the authority of subsections (a) through (c) of section 234
of such Act shall remain in effect through September 30, 2010.
extradition
Sec. 7080. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the headings
``International Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee Assistance'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has notified
the Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
[[Page 123 STAT. 3397]]
(b) Subsection <<NOTE: Applicability.>> (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) The <<NOTE: Waiver authority. Certification.>> Secretary of
State may waive the restriction in subsection (a) on a case-by-case
basis if the Secretary certifies to the Committees on Appropriations
that such waiver is important to the national interests of the United
States.
climate change and environment programs
Sec. 7081. (a) In General.--Of the funds appropriated by this Act,
up to $1,257,200,000 may be made available for programs and activities
to--
(1) reduce, mitigate, and sequester greenhouse gases that
contribute to global climate change;
(2) support climate change adaptation;
(3) protect forests and other critical landscapes; and
(4) protect biodiversity.
(b) Clean Energy Programs.--Funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' for clean energy
programs and activities, may be made available only to promote the
sustainable use of renewable energy technologies and end-use energy
efficiency technologies, carbon sequestration, and carbon accounting:
Provided, That of the funds made available for the United States Agency
for International Development (USAID) for clean energy programs, not
less than $10,000,000 shall be made available for microfinance renewable
energy programs, including solar energy programs.
(c) Adaptation Programs.--Funds appropriated <<NOTE: Public
information. Web posting.>> by this Act shall be made available for
United States contributions to the Least Developed Countries Fund and
the Special Climate Change Fund to support adaptation programs and
activities, if the Global Environment Facility makes publicly available
on its website the criteria used to determine which programs and
activities receive funds, the manner in which such programs and
activities meet such criteria, the extent of local involvement in such
programs and activities, the amount of funds provided, and the results
achieved.
(d) Biodiversity.--Of the funds appropriated by title III of this
Act, not less than $205,000,000 shall be made available for programs and
activities which directly protect biodiversity, including tropical
forests and wildlife, in developing countries, of which not less than
$25,000,000 shall be made available for USAID's conservation programs in
the Amazon Basin: Provided, That of the funds made available under this
paragraph, not less than $20,500,000 shall be made available for the
Congo Basin Forest Partnership only for programs which directly promote
the conservation and sustainable management of natural resources in
landscapes in the Congo Basin area, with a priority on protected area
and landscape resource management to enable local communities to
conserve the natural resource base, including programs to substantially
reduce the impacts of industrial-scale resource extraction on local
communities and the natural resource base: Provided further, That none
of the funds appropriated by this Act may be
[[Page 123 STAT. 3398]]
made available, directly or indirectly, to support industrial-scale
logging or other industrial-scale resource extraction or sector reform
that would promote these activities: Provided further, That funds
appropriated by this Act to carry out the provisions of sections 103
through 106, and chapter 4 of part II, of the Foreign Assistance Act of
1961 may be used, notwithstanding any other provision of law and subject
to the regular notification procedures of the Committees on
Appropriations, for the purpose of supporting tropical forestry and
biodiversity conservation activities, clean energy and climate change
programs aimed at reducing greenhouse gas emissions, and programs to
mitigate mercury pollution: Provided further, That funds appropriated
under the heading ``Development Assistance'' may be made available as a
contribution to the Galapagos Invasive Species Fund.
(e) Consultation.--Funds made <<NOTE: Notification.>> available
pursuant to this section are subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: <<NOTE: Determination. Reports.>> Provided, That prior
to the obligation of funds for a contribution to the Forest Carbon
Partnership Facility, the Secretary of State and the Secretary of the
Treasury, as appropriate, shall determine and report to the Committees
on Appropriations that there have been thorough consultations by the
World Bank with interested civil society and indigenous organizations.
(f) Extraction of Natural Resources.--
(1) The <<NOTE: Public information.>> Secretary of the
Treasury shall inform the managements of the international
financial institutions and the public that it is the policy of
the United States to oppose any assistance by such institutions
(including but not limited to any loan, credit, grant, or
guarantee) for the extraction and export of oil, gas, coal,
timber, or other natural resource unless the government of the
country has in place functioning systems for:
(A) accurately accounting for payments for companies
involved in the extraction and export of natural
resources;
(B) the independent auditing of accounts receiving
such payments and the widespread public dissemination of
the findings of such audits; and
(C) verifying government receipts against company
payments including widespread dissemination of such
payment information, and disclosing such documents as
Host Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not <<NOTE: Deadline. Reports.>> later than 180 days
after the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Committees on Appropriations
describing, for each international financial institution, the
amount and type of assistance provided, by country, for the
extraction and export of oil, gas, coal, timber, or other
natural resources in the preceding 12 months, and whether each
institution considered, in its proposal for such assistance, the
extent to which the country has functioning systems described in
paragraph (1).
(g) Authorization for the Clean Technology Fund.-- <<NOTE: 22 USC
7909.>>
(1) Limitations on authorization of appropriations.--For
fiscal year 2010, up to $300,000,000 is authorized to be
[[Page 123 STAT. 3399]]
appropriated for a United States contribution to the Clean
Technology Fund (the Fund).
(2) Limits on country access.--The Secretary of the Treasury
shall use the voice and vote of the United States to ensure
that--
(A) The Fund does not provide more than 15 percent
of Fund resources to any one country;
(B) Prior to the obligation of funds, recipient
countries submit to the governing body of the Fund, and
the governing body of the Fund appropriately reviews and
considers, an investment plan that will achieve
significant net reductions in national-level greenhouse
gas emissions;
(C) The investment plan for a recipient country,
whose borrowing status is classified by the World Bank
as ``International Development Association (IDA)
blend'', shall have at least 15 percent of its total
cost for public sector activities contributed from the
public funds of the recipient country, and any recipient
country whose borrowing status is classified by the
World Bank as ``International Bank for Reconstruction
and Development (IBRD) Only'' status, shall have at
least 25 percent of its total cost for public sector
activities contributed from public funds of the
recipient country; and
(D) Assistance made available by the Fund is used
exclusively to support the deployment of clean energy
technologies in developing countries (including, where
appropriate, through the provision of technical support
or support for policy or institutional reforms) in a
manner that achieves substantial net reductions in
greenhouse gas emissions.
(3) Reporting requirement.--Not later than 180 days after
the date of enactment of this Act and annually thereafter, the
Secretary of the Treasury shall submit to the Committees on
Appropriations in the House and Senate, the Senate Foreign
Relations Committee and the House Financial Services Committee,
a report describing--
(A) the operations and governance of the Fund, and
the purpose and progress of each project supported by
the Fund, including the extent to which assistance made
available by the Fund has reduced or will reduce
greenhouse gas emissions in recipient countries; and
(B) how each project furthers the Fund's investment
plan of the country or countries in which the project is
implemented.
(4) Definitions.--For purposes of this subsection--
(A) Net reductions.--The term ``net reductions''
refers to the extent to which a project or program
supported under this subsection results in lower
greenhouse gas emissions than would be emitted by the
same entity or sector in the same country in the absence
of the Fund's project, taking into account, unless
impracticable, effects beyond the physical boundaries of
the project or program that result from project or
program activities.
(B) Public sector activities.--The term ``public
sector activities'' may include sovereign loans assumed
by the recipient country to contribute to the financing
of the investment plan.
[[Page 123 STAT. 3400]]
(C) Clean energy technology.--The term ``clean
energy technology'' means a technology that, as compared
with technologies being deployed at that time for
widespread commercial use in the country involved--
(i) achieves substantial reductions in
greenhouse gas emissions;
(ii) does not result in significant
incremental adverse effects on public health or
the environment; and
(iii) does one or more of the following:
(I) generates electricity or useful
thermal energy from a renewable
resource;
(II) substantially increases the
energy efficiency of buildings,
industrial, or agricultural processes,
or of electricity transmission,
distribution, or end-use consumption; or
(III) substantially increases the
energy efficiency of the transportation
system or increases utilization of
transportation fuels that have lifecycle
greenhouse gas emissions that are
substantially lower than those
attributable to fossil fuel-based
alternatives.
prohibition on promotion of tobacco
Sec. 7082. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or tobacco
products of the same type.
commercial leasing of defense articles
Sec. 7083.
Notwithstanding <<NOTE: Notification. President. Determination.>> any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
anti-kleptocracy
Sec. 7084. (a) <<NOTE: Records. 8 USC 1182 note.>> In furtherance
of the National Strategy to Internationalize Efforts Against Kleptocracy
and Presidential Proclamation 7750, the Secretary of State shall compile
and maintain a list of officials of foreign governments and their
immediate family members who the Secretary has credible evidence have
been involved in corruption relating to the extraction of natural
resources in their countries.
[[Page 123 STAT. 3401]]
(b) Any individual on the list compiled under subsection (a) shall
be ineligible for admission to the United States.
(c) The <<NOTE: Waiver authority. Determination.>> Secretary may
waive the application of subsection (b) if the Secretary determines that
admission to the United States is necessary to attend the United Nations
or to further United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the list
have changed sufficiently to justify the removal of the individual from
the list.
(d) Not <<NOTE: Deadlines. Reports. Classified information.>> later
than 90 days after enactment of this Act and 180 days thereafter, the
Secretary of State shall report in writing, in classified form if
necessary, to the Committees on Appropriations describing the evidence
of corruption concerning each of the individuals listed pursuant to
subsection (a).
international prison conditions
Sec. 7085. (a) <<NOTE: Deadline. Reports. Public information. Web
posting. Determination.>> Not later than 180 days after enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report, which shall also be made publicly available
including on the Department of State's website, describing the
conditions in prisons and other detention facilities in countries
receiving United States assistance where the Assistant Secretary of
State for Democracy, Human Rights and Labor has determined, based on the
Department of State's most recent Human Rights Report and any other
relevant information, arbitrary detention and/or cruel, inhumane or
degrading treatment of prisoners or detainees, or inhumane prison
conditions, is common, and identifying those countries, if any, whose
governments the Assistant Secretary determines are making significant
efforts to eliminate inhumane conditions and those countries whose
governments the Assistant Secretary determines are not making such
efforts.
(b) For purposes of each determination made pursuant to subsection
(a), the Assistant Secretary shall consider whether:
(1) the number of prisoners or detainees does not so exceed
prison capacity such that per capita floor space is sufficient
to allow for humane sleeping conditions and reasonable physical
movement;
(2) human waste facilities are available and are located
separately from the prison population at large, and human waste
is disposed of regularly and in a sanitary manner;
(3) the lighting, ventilation, temperature and physical
construction of prisons and other detention facilities do not
seriously endanger health and safety;
(4) prisoners and detainees have access to adequate food and
potable drinking water;
(5) prisoners and detainees have access to basic and
emergency medical care;
(6) to the maximum extent practicable, prisoners and
detainees are allowed reasonable contact with visitors and
permitted religious observance;
(7) the government permits prisoners and detainees to submit
complaints to judicial authorities without censorship,
investigates credible allegations of inhumane conditions, and
documents the results of such investigations in a manner that is
publicly accessible;
(8) the government is investigating and monitoring the
conditions of prisons and other detention facilities under its
[[Page 123 STAT. 3402]]
authority, including cooperation with international experts on
eliminating inhumane conditions, and such information is
available to the Secretary of State;
(9) the government is appointing ombudsmen to serve on
behalf of prisoners and detainees, considering alternatives to
incarceration for nonviolent offenders to alleviate inhumane
overcrowding, making efforts to address the status and
circumstances of confinement of juvenile offenders, making
efforts to improve pre-trial detention, bail and recordkeeping
procedures to reduce pre-trial detention periods and to ensure
that prisoners do not serve beyond the maximum sentence for the
charged offense; and
(10) the government is increasing the amount of government
resources to eliminate inhumane conditions.
(c) Funds appropriated by this Act to carry out the provisions of
chapters 1 and 11 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, and the Support for East European Democracy
(SEED) Act of 1989, shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961, for assistance to help eliminate
inhumane conditions in prisons and other detention facilities
administered by foreign governments that the Assistant Secretary of
State determines are making significant efforts to eliminate such
conditions.
(d) The <<NOTE: Designation.>> Secretary of State shall designate a
Deputy Assistant Secretary of State in the Bureau of Democracy, Human
Rights and Labor to have primary responsibility for diplomatic efforts
related to international prison conditions.
transparency and accountability
Sec. 7086. (a) United Nations.--Funds appropriated by this Act shall
be available to continue to support efforts to promote transparency and
accountability at the United Nations, including access to audits and
program information, as appropriate: Provided, That the Secretary of
State, following consultation with the Committees on Appropriations, may
withhold from obligation funds appropriated under the heading
``International Organizations and Programs'' for a United States
contribution to a United Nations organization or agency if the Secretary
determines that such organization or agency is not adequately
implementing reforms to increase transparency and accountability.
(b) International Monetary Fund.--
(1) The <<NOTE: Deadline.>> Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (the Fund) to promote standard
public disclosure of documents of the Fund presented to the
Executive Board of the Fund and summaries of the minutes of
meetings of the Board, as recommended by the Independent
Evaluation Office of the Fund, not later than 2 years after the
date of the meeting at which the document was presented or the
minutes were taken (as the case may be), unless the Executive
Board--
(A) determines <<NOTE: Determination.>> that it is
appropriate to delay disclosure; and
(B) posts <<NOTE: Web posting.>> the reason for the
delay on the website of the Fund.
(2) Transparency and accountability of loans, agreements,
and other programs of the international monetary
[[Page 123 STAT. 3403]]
fund.--The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund to
promote--
(A) transparency and accountability in the
policymaking and budgetary procedures of governments of
members of the Fund;
(B) the participation of citizens and
nongovernmental organizations in the economic policy
choices of those governments; and
(C) the adoption by those governments of loans,
agreements, or other programs of the Fund through a
parliamentary process or another participatory and
transparent process, as appropriate.
(3) Efforts to reduce the worst forms of child labor.--
(A) The Secretary of the Treasury shall instruct the
United States Executive Director of the International
Monetary Fund to promote policies and practices to
reduce the worst forms of child labor (as defined in
section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6))) through education and other means, such as
promoting the need for members of the Fund to develop
and implement national action plans to combat the worst
forms of child labor.
(B) Not <<NOTE: Deadline. Reports.>> later than one
year after the date of the enactment of this Act, the
Secretary of the Treasury shall submit to the Committees
on Appropriations and Foreign Relations of the Senate
and the Committees on Appropriations and Financial
Services of the House of Representatives a report
describing efforts of the Fund to reduce the worst forms
of child labor.
(c) National Budget Transparency.--
(1) None <<NOTE: Public information. Deadline.>> of the
funds appropriated under titles III and IV of this Act may be
made available for assistance for the central government of any
country that fails to publicly disclose on an annual basis its
national budget, to include income and expenditures.
(2) The <<NOTE: Waiver authority. Reports.>> Secretary of
State may waive the requirements of paragraph (1) on a country-
by-country basis if the Secretary reports to the Committees on
Appropriations that to do so is important to the national
interest of the United States.
(3) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $1,500,000 may be made
available for programs and activities to assist the central
government of any country named in the reports required by
paragraph (2) to improve national budget transparency: Provided,
That such sums shall be in addition to funds otherwise made
available for such purposes.
(d) Asian Development Bank.--Ten percent <<NOTE: Reports.>> of the
funds appropriated by this Act under the heading ``Contribution to the
Asian Development Fund'' shall be withheld from obligation until the
Secretary of the Treasury reports to the Committees on Appropriations
that the Asian Developement Bank (the Bank) is taking steps to--
(1) implement an independent review, to include external
specialists, of the operations and internal controls of the
Office of Information Systems and Technology and any other
offices considered vulnerable to fraud and corruption;
[[Page 123 STAT. 3404]]
(2) strengthen internal controls to improve accountability
by management and prevent cases of fraud and corruption; and
(3) ensure that restitution, including criminal prosecution
if appropriate, is sought if the Bank experiences losses from
fraud and corruption.
disability programs
Sec. 7087. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $5,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the needs
and protect and promote the rights of people with disabilities in
developing countries, and for programs to disseminate information
(including best practices and strategies) on independent living,
advocacy, education, and transportation to people with disabilities and
disability advocacy organizations in developing countries, including for
the cost of translation.
(b) Funds appropriated under the heading ``Operating Expenses'' in
title II of this Act shall be made available to develop and implement
training for staff in overseas USAID missions to promote the full
inclusion and equal participation of people with disabilities in
developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
USAID Administrator shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not more
than 7 percent may be for management, oversight, and technical support.
orphans, displaced, and abandoned children
Sec. 7088. Of the funds appropriated under title III of this Act,
$3,000,000 should be made available for activities to improve the
capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and adoptions, consistent
with the Hague Convention on the Protection of Children and Co-operation
in Respect of Inter-Country Adoption.
sri lanka
Sec. 7089. (a) In General.--Funds
appropriated <<NOTE: Notification.>> in title III of this Act that are
available for assistance for Sri Lanka shall be made available for
programs that promote reconciliation between ethnic Sinhalese and Tamil
populations, support post-conflict reconstruction, and advance the
participation of Tamils and other minorities in the political and
economic life of the country, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Restriction on Military Assistance.--None
of <<NOTE: Certification.>> the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' may be made available
for assistance for Sri
[[Page 123 STAT. 3405]]
Lanka, no defense export license may be issued, and no military
equipment or technology shall be sold or transferred to Sri Lanka
pursuant to the authorities contained in this Act or any other Act,
until the Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka--
(1) is suspending and bringing to justice members of the
military who have been credibly alleged to have violated
internationally recognized human rights or international
humanitarian law; and
(2) is respecting internationally recognized human rights,
including the right of due process and freedoms of the press,
association and assembly;
(3) is treating internally displaced persons in accordance
with international standards, including by guaranteeing their
freedom of movement, providing access to conflict-affected areas
and populations by humanitarian organizations and journalists,
and accounting for persons detained in the conflict; and
(4) is implementing policies to promote reconciliation and
justice including devolution of power as provided for in the
Constitution of Sri Lanka.
(c) Exception.--Subsection (b) shall not apply to assistance for
humanitarian demining.
(d) Use of Funds.--If the Secretary makes the certification required
in subsection (b), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for assistance for
Sri Lanka should be used to support the recruitment and training of
Tamils into the Sri Lankan military, Tamil language training for
Sinhalese military personnel, and human rights training for all military
personnel.
(e) <<NOTE: Certification.>> Restriction on Multilateral
Assistance.--The Secretary of the Treasury shall instruct the United
States Executive Directors of the international financial institutions
(as defined in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2))) to vote against any loan,
agreement, or other financial support for Sri Lanka except to meet basic
human needs, unless the Secretary of State certifies to the Committees
on Appropriations that the Government of Sri Lanka is meeting the
requirements in subsection (b)(3).
international monetary fund provisions
Sec. 7090. (a) <<NOTE: Determination.>> Opposition to Hard Currency
for SDRs Received by Terrorist Countries.--The Secretary of the Treasury
shall instruct the United States Executive Director at the International
Monetary Fund (the Fund) to use the voice and vote of the United States
to oppose the provision by the Fund of United States dollars, euros, or
Japanese yen to any country the government of which the Secretary of
State has determined, for purposes of section 6(j) of the Export
Administration Act of 1979, section 620A of the Foreign Assistance Act
of 1961, or section 40 of the Arms Export Control Act, to be a
government that has repeatedly provided support for acts of
international terrorism, in exchange for any Special Drawing Rights
received by the country pursuant to the amendments to the Articles of
Agreement of the Fund as described in section 64 of the Bretton Woods
Agreements Act.
[[Page 123 STAT. 3406]]
(b) Conditional Sunset on Authority to Make Loans to Fund the New
Arrangements to Borrow.--Section 17(a) of the Bretton Woods Agreements
Act (22 U.S.C. 286e-2(a)) is amended by adding at the end the following:
``(3) The <<NOTE: Expiration
date. Deadlines. Certification.>> authority to make loans under
this section shall expire on the date that is 5 years after the
date of the enactment of this paragraph unless the Secretary of
the Treasury, not later than 60 days before such expiration date
or 60 days prior to the renewal of the decision governing the
New Arrangements to Borrow (NAB), whichever occurs first,
certifies to the appropriate congressional committees, that--
``(A) no amendments made, or anticipated to be made,
to the NAB to achieve an expanded and more flexible NAB,
as described in paragraph 17 of the G20 Leaders'
Statement at the 2009 London Summit, will impair the
ability of the Secretary of the Treasury to consider a
renewal of the NAB decision at intervals no greater than
5 years and to withdraw the adherence of the United
States to the NAB decision as is currently provided
under paragraph 19 of the New Arrangement to Borrow,
adopted by the Executive Board of the International
Monetary Fund (IMF) on January 27, 1997; and
``(B)(i) the IMF will borrow resources from members
under the NAB only when quota resources need to be
supplemented in order to forestall or cope with an
impairment of the international monetary system or to
deal with an exceptional situation that poses a threat
to the stability of that system;
``(ii) the IMF has, prior to any activation of the
NAB, fully explored other means of funding to supplement
any potential shortfall in quota resources necessary to
forestall or cope with an impairment of the
international monetary system or to deal with an
exceptional situation that poses a threat to the
stability of that system; or
``(iii) it is in the United States' strategic
economic interest to maintain the relative size or lower
of the United States contribution to the NAB as in
effect on the date of the certification.
``(4) Not <<NOTE: Deadline. Certification. Consultation.>>
later than 15 days before submitting the certification under
paragraph (3), the Secretary of the Treasury shall consult with
the appropriate congressional committees regarding such
certification.''.
(c) Limitation on Percentage of New Arrangements to Borrow to Be
Funded by the United States.--Section 17(a)(2) of the Bretton Woods
Agreements Act (22 U.S.C. 286e-2(a)(2)) is amended by striking ``is
representative of its share as of the date of the enactment of this
Act'' and inserting ``remains not greater than 20 percent, which
approximates the United States share as of the date of the enactment of
the Supplemental Appropriations Act, 2009 Public Law 111-32''.
(d) Reporting Requirements.--Not later than 60 days after the
enactment of this Act and annually thereafter until September 30, 2014,
the Secretary of the Treasury, in consultation with other appropriate
Federal agencies, shall submit to the Committees on Appropriations a
report on the loans made and programs carried out using financing
provided by or through the New Arrangements
[[Page 123 STAT. 3407]]
to Borrow: Provided, That each such report shall include the following:
(1) A description of the economies of countries requiring
the assistance from the New Arrangements to Borrow, including
the monetary, fiscal, and exchange rate policies of the
countries.
(2) A description of the degree to which the countries
requiring the assistance have implemented domestic reforms
including--
(A) the enactment and implementation of appropriate
financial reform legislation;
(B) strengthening the domestic financial system and
improving transparency and supervision;
(C) opening domestic capital markets; and
(D) making nontransparent conglomerate practices
more transparent through the application of
internationally accepted accounting practices,
independent external audits, full disclosure, and
provision of consolidated statements.
(3) A detailed summary of the trade policies of the
countries, including any unfair trade practices or adverse
effects of the trade policies on the United States.
(4) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed by the International
Monetary Fund pursuant to the New Arrangements to Borrow.
intellectual property rights protections
Sec. 7091. Not <<NOTE: Deadlines. Reports.>> later than 60 days
after enactment of this Act and every 120 days thereafter until
September 30, 2010, the Secretary of State shall submit a report to the
Committees on Appropriations detailing actions taken by the Secretary
during negotiations on the United Nations Framework Convention on
Climate Change, and subsequent international climate change
negotiations, to promote compliance with and enforcement of existing
international legal requirements concerning intellectual property rights
and effective intellectual property rights protection and enforcement
for energy and environmental technologies.
prohibition on certain first-class travel
Sec. 7092. None of the funds made available in this Act may be used
for first-class travel by employees of agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
limitation on use of funds in contravention of certain laws
Sec. 7093. None of the funds made available in this Act or prior
Acts may be used in contravention of any provision of, or amendment made
by, this Act or sections 1110, 1112, 1403, or 1404 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32), unless such authority is
expressly provided in statute: Provided,
That <<NOTE: Determination. Notification. Deadline.>> if a
determination is made on constitutional grounds by the Executive Branch
that any provision of law covered by the preceding sentence shall not
apply, the head of the relevant Federal agency shall notify the
Committees on Appropriations in writing within 5 days of such
determination, the basis for such determination and any resulting
changes to program and policy.
[[Page 123 STAT. 3408]]
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010''
Approved December 16, 2009.
LEGISLATIVE HISTORY--H.R. 3288:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 111-218 (Comm. on Appropriations) and 111-366
(Comm. of Conference).
SENATE REPORTS: No. 111-69 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
July 23, considered and passed House.
Sept. 10, 11, 14-17, considered and passed Senate, amended.
Dec. 10, House agreed to conference report. Senate
considered conference report.
Dec. 11-13, Senate considered and agreed to conference
report.
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