Laws and Regulations

PUBLIC LAW 111–117—DEC. 16, 2009

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CONSOLIDATED APPROPRIATIONS ACT, 2010

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123 STAT. 3034

PUBLIC LAW 111–117—DEC. 16, 2009

Public Law 111–117
111th Congress
An Act
Dec. 16, 2009
[H.R. 3288]

Consolidated
Appropriations
Act, 2010.

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short title.
Table of contents.
References.
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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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. REFERENCES.

1 USC 1 note.

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

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2010.
DIVISION A—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE

OF THE

SECRETARY

Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2010.
Department of
Transportation
Appropriations
Act, 2010.

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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

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123 STAT. 3036
Transfer
authority.

Notification.

PUBLIC LAW 111–117—DEC. 16, 2009

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

Grants.

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Grants.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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.

Publication.
Criteria.
Time periods.

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering 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.

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WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $147,596,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program,
budget activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are
approved by such Committees.

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Notification.

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123 STAT. 3038

PUBLIC LAW 111–117—DEC. 16, 2009
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

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Assessments.
Contracts.

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SEC. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 102. None of the funds made available under this Act
may be obligated or expended to establish or implement a program
under which essential air service communities are required to
assume subsidy costs commonly referred to as the EAS local participation program.
SEC. 103. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to
the reduction of motorcycle fatalities.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3039

SEC. 104. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’
to ‘‘Minority Business Outreach’’.
SEC. 105. Such amounts as are required from amounts provided
in this Act to the Office of the Secretary of Transportation for
the Transportation Planning, Research and Development program
may be used for the development, coordination, and analysis of
data collection procedures and national performance measures.

Transfer
authority.

FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 108–176, $9,350,028,000, of which $4,000,000,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $7,299,299,000 shall be available for air traffic
organization activities; not to exceed $1,234,065,000 shall be available for aviation safety activities; not to exceed $15,237,000 shall
be available for commercial space transportation activities; not to
exceed $113,681,000 shall be available for financial services activities; not to exceed $100,428,000 shall be available for human
resources program activities; not to exceed $341,977,000 shall be
available for region and center operations and regional coordination
activities; not to exceed $196,063,000 shall be available for staff
offices; and not to exceed $49,278,000 shall be available for information services: Provided, That the Secretary utilize not less than
$17,084,000 of the funds provided for aviation safety activities
to pay for staff increases in the Office of Aviation Flight Standards
and the Office of Aircraft Certification: Provided further, That none
of the funds provided for increases to the staffs of the aviation
flight standards and aircraft certification offices shall be used for
other purposes: Provided further, That not to exceed 2 percent
of any budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming
of funds under section 405 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later
than March 31 of each fiscal year hereafter, the Administrator
of the Federal Aviation Administration shall transmit to Congress
an annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108–176: Provided
further, That the amount herein appropriated shall be reduced

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Deadline.
Reports.
49 USC 4450’s
note.
Fines.

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123 STAT. 3040
Deadline.
Reports.
44 USC 4502
note.

Fines.

User fees.

Audits.

PUBLIC LAW 111–117—DEC. 16, 2009

by $100,000 for each day after March 31 that such report has
not been submitted to the Congress: Provided further, That not
later than March 31 of each fiscal year hereafter, the Administrator
shall transmit to Congress a companion report that describes a
comprehensive strategy for staffing, hiring, and training flight
standards and aircraft certification staff in a format similar to
the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report
has not been submitted to Congress: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds
in this Act shall be available for new applicants for the second
career training program: Provided further, That none of the funds
in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law after
the date of the enactment of this Act: Provided further, That there
may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,500,000 shall
be for the contract tower cost-sharing program: Provided further,
That none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That of the
funds available under this heading not to exceed $500,000 shall
be provided to the Department of Transportation’s Office of
Inspector General through reimbursement to conduct the annual
audits of financial statements in accordance with section 3521 of
title 31, United States Code, and not to exceed $120,000 shall
be provided to that office through reimbursement to conduct the
annual Enterprise Services Center Statement on Auditing Standards 70 audit.
FACILITIES AND EQUIPMENT

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(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,

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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.

Investment plan.

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)

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(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

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123 STAT. 3042

Explosive
detection
systems.

PUBLIC LAW 111–117—DEC. 16, 2009

programs the obligations for which are in excess of $3,515,000,000
in fiscal year 2010, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any
other provision of law, of funds limited under this heading, not
more than $93,422,000 shall be obligated for administration, not
less than $15,000,000 shall be available for the airport cooperative
research program, not less than $22,472,000 shall be for Airport
Technology Research and $6,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program.
(RESCISSION)

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

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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,’’.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3043

(b) Section 44303(b) of such title is amended by striking
‘‘December 31, 2009,’’ and inserting ‘‘December 31, 2010,’’.
SEC. 115. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
SEC. 116. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such sponsor
fails to agree to a request from the Secretary of Transportation
for cost-free space in a non-revenue producing, public use area
of the airport terminal or other airport facilities for the purpose
of carrying out a public service air passenger rights and consumer
outreach campaign.
SEC. 117. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
SEC. 118. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration
to purchase a store gift card or gift certificate through use of
a Government-issued credit card.
SEC. 119. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from
a large certified air carrier (as defined in part 241 of title 14
Code of Federal Regulations, or such other regulations as may
be issued by the Secretary under the authority of section 41709)
an amount equal to the minimum apportionment specified in 49
U.S.C. 47114(c), if the Secretary determines that airport had more
than 10,000 passenger boardings in the preceding calendar year,
based on data submitted to the Secretary under part 241 of title
14, Code of Federal Regulations.

New Jersey.

Premium pay.

Apportionment.

FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES

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(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.

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123 STAT. 3044

PUBLIC LAW 111–117—DEC. 16, 2009
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

23 USC 104 note.

None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
are in excess of $41,107,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2010: Provided,
That within the $41,107,000,000 obligation limitation on Federalaid 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3045

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

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ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2010, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid 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 Federalaid 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,

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Distribution
date.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 Federalaid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that
the amounts apportioned for the equity bonus program for
the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users and
title 23, United States Code, in the ratio that—
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States
for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; (5) under subsections (b) and (c)
of section 149 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; (6) under sections 1103 through 1108 of
the Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in effect
on the day before the date of the enactment of the Transportation
Equity Act for the 21st Century; (8) under section 105 of title
23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of
those fiscal years; (9) for Federal-aid highway programs for which
obligation authority was made available under the Transportation
Equity Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to the
extent that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005
through 2010; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
to the extent that funds obligated in accordance with that section
were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year, revise a distribution of the obligation limitation
made available under subsection (a) if the amount distributed
cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds

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PUBLIC LAW 111–117—DEC. 16, 2009

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.—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.

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123 STAT. 3048

Applicability.

Time period.
Notice.
Public comments.
23 USC 313 note.
Reports.

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Texas.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 Federalaid highways and highway safety construction.
SEC. 122. There is hereby appropriated to the Secretary of
Transportation $650,000,000, to remain available through September 30, 2012: Provided, That the funds provided under this
section shall be apportioned to the States in the same ratio as
the obligation limitation for fiscal year 2010 is distributed among
the States in section 120(a)(6) of this Act, and made available
for the restoration, repair, construction, and other activities eligible
under paragraph (b) of section 133 of title 23, United States Code:
Provided further, That funds apportioned under this section shall
be administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That the Federal share payable on account of any project or activity carried out with funds
apportioned under this section shall be 80 percent: Provided further,
That funding provided under this section shall be in addition to
any and all funds provided for fiscal year 2010 in this or any
other Act for ‘‘Federal-aid Highways’’ and shall not affect the distribution of funds provided for ‘‘Federal-aid Highways’’ in any other
Act: Provided further, That the amounts made available under
this section shall not be subject to any limitation on obligations
for Federal-aid highways or highway safety construction programs
set forth in any Act: Provided further, That section 1101(b) of
Public Law 109–59 shall apply to funds apportioned under this
section.
SEC. 123. Not less than 15 days prior to waiving, under his
statutory authority, any Buy America requirement for Federalaid highway projects, the Secretary of Transportation shall make
an informal public notice and comment opportunity on the intent
to issue such waiver and the reasons therefor: Provided, That
the Secretary shall provide an annual report to the Appropriations
Committees of the Congress on any waivers granted under the
Buy America requirements.
SEC. 124. (a) IN GENERAL.—Except as provided in subsection
(b), none of the funds made available, limited, or otherwise affected
by this Act shall be used to approve or otherwise authorize the
imposition of any toll on any segment of highway located on the
Federal-aid system in the State of Texas that—
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment
of this Act.
(b) EXCEPTIONS.—
(1) NUMBER OF TOLL LANES.—Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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’’.

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123 STAT. 3050

119 Stat. 1442;
122 Stat. 1596.

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119 Stat. 1407.

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PUBLIC LAW 111–117—DEC. 16, 2009

(f) In the explanatory statement referenced in section 186 of
title I of division I of Public Law 111–8 (123 Stat. 947), the item
relating to ‘‘Ronald Reagan Parkway (Middle and Southern segments), Boone County, IN’’ in the table of projects under the heading
‘‘Transportation, Community, and System Preservation Program’’
is deemed to be amended by striking ‘‘Boone County’’ and inserting
‘‘Hendricks County’’.
(g) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111–8 (123 Stat. 947), the
item relating to ‘‘Onville Road Intersection and Road-Widening
Project, Prince William County, VA’’ in the table of projects under
the heading ‘‘Federal Lands’’ is deemed to be amended by striking
‘‘Prince William’’ and inserting ‘‘Stafford’’.
(h) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111–8 (123 Stat. 947), the
item relating to ‘‘U.S. 59/Alabama Grade Separation Project, St.
Joseph, MO’’ in the table of projects under the heading ‘‘Interstate
Maintenance Discretionary’’ is deemed to be amended by striking
‘‘U.S. 59/Alabama Grade Separation Project, St. Joseph, MO’’ and
inserting ‘‘I-29 Interchange Reconstruction in St. Joseph, MO’’.
(i) In the explanatory statement referenced in section 186 of
title I of division I of Public Law 111–8 (123 Stat. 947), the item
relating to ‘‘Decking and Sidewalk Replacement on the Central
Avenue Overpass, South Charleston, WV’’ in the table of projects
under the heading ‘‘Interstate Maintenance Discretionary’’ is
deemed to be amended by striking ‘‘Decking and Sidewalk Replacement on the Central Avenue Overpass, South Charleston, WV’’
and inserting ‘‘General Interstate Maintenance, WV’’.
(j) In the explanatory statement referenced in section 125 of
title I of division I of Public Law 111–8 (123 Stat. 928), the item
relating to ‘‘Wapsi Great Western Line Trail, Mitchell County,
IA’’ is deemed to be amended by striking ‘‘Mitchell County’’ and
inserting ‘‘Mitchell and Howard Counties’’.
(k) In the explanatory statement referenced in section 125
of title I of division I of Public Law 111–8 (123 Stat. 928), the
item relating to ‘‘Highway 169 Corridor Project Environmental
Assessment, Preliminary Engineering and Planning, Humboldt, IA’’
is deemed to be amended by striking ‘‘Corridor Project Environmental Assessment, Preliminary Engineering and Planning, Humboldt, IA’’ and inserting ‘‘Construction, Humboldt and Webster
Counties, IA’’.
(l) In the explanatory statement referenced in section 125 of
title I of division I of Public Law 111–8 (123 Stat. 928), the item
relating to ‘‘Highway 53 Interchanges, WI’’ is deemed to be amended
by striking ‘‘Interchanges’’ and inserting ‘‘Intersections’’.
SEC. 126. Item 4866A in the table contained in section 1702
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109–59) is amended by striking
‘‘Repair and restore’’ and inserting ‘‘Removal of and enhancements
around’’.
SEC. 127. Item 3923 in the table contained in section 1702
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109–59) is amended by striking
‘‘to 4 lanes from I–10 to West U.S. 90’’.
SEC. 128. Funds made available for ‘‘Brentwood Boulevard/
SR 4 Improvements, Brentwood, CA’’ under section 129 of Public

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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 by
striking the project description and inserting ‘‘Elimination of highway-railway crossings and rehabilitation of rail along the KO railroad to Osborne’’.
SEC. 130. Funds made available for ‘‘City of Tuscaloosa Downtown Revitalization Project—University Blvd and Greensboro
Avenue, AL’’ under section 125 of Public Law 111–8 shall be made
available for ‘‘City of Tuscaloosa Downtown Revitalization Project—
University Blvd’’.
SEC. 131. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1256) is amended by striking the project
description for item number 4573 and inserting the following:
‘‘Design and construct interchange on I–15 in Mesquite’’.

119 Stat. 1378.

119 Stat. 1431.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)

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(HIGHWAY TRUST FUND)

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

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123 STAT. 3052

PUBLIC LAW 111–117—DEC. 16, 2009
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)

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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. 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.

Reports.

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)

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(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.

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123 STAT. 3054

PUBLIC LAW 111–117—DEC. 16, 2009
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)

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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RAILROAD RESEARCH AND DEVELOPMENT

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

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123 STAT. 3056

PUBLIC LAW 111–117—DEC. 16, 2009

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.

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Grants.

CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND
INTERCITY PASSENGER RAIL SERVICE

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further,
That the Secretary shall issue interim guidance to applicants covering application procedures and administer the grants provided
under this heading pursuant to that guidance until final regulations
are issued: Provided further, That not less than 85 percent of
the funds provided under this heading shall be for cooperative
agreements that lead to the development of entire segments or
phases of intercity or high-speed rail corridors: Provided further,
That the Secretary shall submit to Congress the national rail plan
required by section 103(j) of title 49, United States Code, no later
than September 15, 2010: Provided further, That at least 30 days
prior to issuing a letter of intent or cooperative agreement pursuant
to Section 24402(f) of title 49, United States Code, for a major
corridor development program, the Secretary shall provide to the
House and Senate Committees on Appropriations written notification consisting of a business and public investment case for the
proposed corridor program which shall include: a comprehensive
analysis of the monetary and non-monetary costs and benefits of
the corridor development program; an assessment of ridership, passenger travel time reductions, congestion relief benefits, environmental benefits, economic benefits, and other public benefits; operating financial forecasts for the program; a full capital cost estimation for the entire project, including the amount, source and
security of non-Federal funds to complete the project; a summary
of the grants management plan and an evaluation of the grantee’s
ability to sustain the project: Provided further, That the Federal
share payable of the costs for which a grant or cooperative agreements is made under this heading shall not exceed 80 percent:
Provided further, That in addition to the provisions of title 49,
United States Code, that apply to each of the individual programs
funded under this heading, subsections 24402(a)(2), 24402(f),
24402(i), and 24403(a) and (c) of title 49, United States Code,
shall also apply to the provision of funds provided under this
heading: Provided further, That a project need not be in a State
rail plan developed under Chapter 227 of title 49, United States
Code, to be eligible for assistance under this heading: Provided
further, That recipients of grants under this paragraph shall conduct
all procurement transactions using such grant funds in a manner
that provides full and open competition, as determined by the
Secretary, in compliance with existing labor agreements.

Guidance.

Rail plan.
Deadline.
Deadline.
Notification.

Applicability.

Contracts.

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OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the operation of intercity passenger rail, as authorized by section 101 of
the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432), $563,000,000, to remain available
until expended: Provided, That the Secretary shall not make the
grants for the third and fourth quarter of the fiscal year available
to the Corporation until an Inspector General who is a member
of the Council of the Inspectors General on Integrity and Efficiency
determines that the Corporation and the Corporation’s Inspector

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123 STAT. 3058

Time period.
Evaluation.

Deadline.
Plan.

Deadlines.
Reports.

Electronic
submission.
Deadline.
Budget.
Plans.

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Deadlines.
Reports.
Electronic
submission.

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General have agreed upon a set of policies and procedures for
interacting with each other that are consistent with the letter
and the spirit of the Inspector General Act of 1978, as amended:
Provided further, That 1 year after such determination is made,
the Council of the Inspectors General on Integrity and Efficiency
shall appoint another member to evaluate the current operational
independence of the Amtrak Inspector General: Provided further,
That the Corporation shall reimburse each Inspector General for
all costs incurred in conducting the determination and the evaluation required by the preceding two provisos: Provided further, That
the amounts available under this paragraph shall be available
for the Secretary to approve funding to cover operating losses for
the Corporation only after receiving and reviewing a grant request
for each specific train route: Provided further, That each such
grant request shall be accompanied by a detailed financial analysis,
revenue projection, and capital expenditure projection justifying
the Federal support to the Secretary’s satisfaction: Provided further,
That not later than 60 days after enactment of this Act, the Corporation shall transmit to the Secretary, the Inspector General of the
Department of Transportation, and the House and Senate Committees on Appropriations a plan to achieve savings through operating
efficiencies including, but not limited to, modifications to food and
beverage service and first class service: Provided further, That
the Inspector General of the Department of Transportation shall
provide semiannual reports to the House and Senate Committees
on Appropriations on the estimated savings accrued as a result
of all operational reforms instituted by the Corporation and estimations of possible future savings: Provided further, That not later
than 60 days after enactment of this Act, the Corporation shall
transmit, in electronic format, to the Secretary, the Inspector General of Department of Transportation, the House and Senate
Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation the annual budget and business plan
and the 5-Year Financial Plan for fiscal year 2010 required under
section 204 of the Passenger Rail Investment and Improvement
Act of 2008: Provided further, That the budget, business plan,
and the 5-Year Financial Plan shall also include a separate
accounting of ridership, revenues, and capital and operating
expenses for the Northeast Corridor; commuter service; long-distance Amtrak service; State-supported service; each intercity train
route, including Autotrain; and commercial activities including contract operations: Provided further, That the budget, business plan
and the 5-Year Financial Plan shall include a description of work
to be funded, along with cost estimates and an estimated timetable
for completion of the projects covered by these plans: Provided
further, That the Corporation shall provide semiannual reports
in electronic format regarding the pending business plan, which
shall describe the work completed to date, any changes to the
business plan, and the reasons for such changes, and shall identify
all sole source contract awards which shall be accompanied by
a justification as to why said contract was awarded on a solesource 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

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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: 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.

Budget request.

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.

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ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

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

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123 STAT. 3060
Guidelines.

Definition.

Reports.
Deadlines.

Washington.

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Illinois.

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PUBLIC LAW 111–117—DEC. 16, 2009

the purposes of 49 U.S.C. 20134: Provided, That the Secretary
shall prescribe guidelines for the administration of such purchases
and use.
SEC. 152. Hereafter, notwithstanding any other provision of
law, funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services
provided at or from any location outside the United States. For
purposes of this section, the word ‘‘services’’ shall mean any service
that was, as of July 1, 2006, performed by a full-time or parttime Amtrak employee whose base of employment is located within
the United States.
SEC. 153. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar items,
from non-United States Government sources to repair damages
to or replace United States Government owned automated track
inspection cars and equipment as a result of third party liability
for such damages, and any amounts collected under this section
shall be credited directly to the Safety and Operations account
of the Federal Railroad Administration, and shall remain available
until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with
the automated track inspection program.
SEC. 154. The Administrator of the Federal Railroad Administration shall submit a report on April 1, 2010, and quarterly reports
thereafter, to the House and Senate Committees on Appropriations
detailing the Administrator’s efforts at improving the on-time
performance of Amtrak intercity rail service operating on nonAmtrak owned property. Such reports shall compare the most recent
actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service,
identified by route. Such reports shall also include whatever other
information and data regarding the on-time performance of Amtrak
trains the Administrator deems to be appropriate.
SEC. 155. In the Explanatory Statement referenced in division
I of Public Law 111–8 under the heading Railroad Research and
Development the item relating to ‘‘San Gabriel trench grade separation project, Alameda Corridor, CA’’ is deemed to be amended
by inserting ‘‘Alameda Corridor East Construction Authority Grade
Separations, CA.’’.
SEC. 156. In the Explanatory Statement referenced in division
K of Public Law 110–161 under the heading Rail Line Relocation
and Improvement Program the item relating to ‘‘Mt. Vernon railroad
cut, NY’’ is deemed to be amended by inserting ‘‘Rail Line and
Station Improvement and Rehabilitation, Mount Vernon, NY.’’.
SEC. 157. Notwithstanding any other provision of law, funds
provided in Public Law 111–8 for ‘‘Lincoln Avenue Grade Separation, Port of Tacoma, Washington’’ shall be made available for
this project as therein described.
SEC. 158. The Administrator of the Federal Railroad Administration, in cooperation with the Illinois Department of Transportation (IDOT), may provide technical and financial assistance to
IDOT and local and county officials to study the feasibility of
10th Street, or other alternatives, in Springfield, Illinois, as a
route for consolidated freight rail operations and/or combined freight
and passenger rail operations within the city of Springfield.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3061

SEC. 159. (a) AMTRAK SECURITY EVALUATION.—No later than
180 days after the enactment of this Act, Amtrak, in consultation
with the Assistant Secretary of Homeland Security (Transportation
Security Administration), shall submit a report to Congress that
contains—
(1) a comprehensive, system-wide, security evaluation; and
(2) proposed guidance and procedures necessary to implement
a new checked firearms program.
(b) 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) 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.

Deadlines.
Reports.
49 USC 24305
note.

Firearms.

Ammunition.

FEDERAL TRANSIT ADMINISTRATION

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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

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123 STAT. 3062

Audits.

Deadline.
Reports.

PUBLIC LAW 111–117—DEC. 16, 2009

for travel: Provided further, That none of the funds provided or
limited in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That of the
amounts made available under this heading not to exceed $75,000
shall be paid from appropriations made available by this Act and
provided to the Department of Transportation Office of Inspector
General through reimbursement to conduct the annual audits of
financial statements in accordance with section 3521 of title 31,
United States Code: Provided further, That upon submission to
the Congress of the fiscal year 2011 President’s budget, the Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for
fiscal year 2011.
FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Deadlines.
Criteria.
Publication.

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY

For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public
Law 110–432, $150,000,000, to remain available until expended:
Provided, That the Secretary shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a
request for each specific project: Provided further, That prior to
approving such grants, the Secretary shall determine that the
Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the safety
of the system, including but not limited to fixing the track signal
system, replacing the 1000 series cars, installing guarded turnouts,
buying equipment for wayside worker protection, and installing
rollback protection on cars that are not equipped with this safety
feature.

Determination.

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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.

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123 STAT. 3064

PUBLIC LAW 111–117—DEC. 16, 2009

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-andRide 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 nonFederal funds.
SEC. 169. The Secretary of Transportation shall provide recommendations to Congress, including legislative proposals, on how
to strengthen its role in regulating the safety of transit agencies
operating heavy rail on fixed guideway: Provided, That the Secretary shall include actions the Department of Transportation will
take and what additional legislative authorities it may need in
order to fully implement recommendations of the National Transportation Safety Board directed at the Federal Transit Administration,
including but not limited to recommendations related to crashworthiness, emergency access and egress, event recorders, and hours
of service: Provided further, That the Secretary shall transmit to
the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, and the Senate
Committee on Banking, Housing, and Urban Affairs a report outlining these recommendations and a plan for their implementation
by the Department of Transportation no later than 45 days after
enactment of this Act.
SEC. 170. Notwithstanding any other provision of law, the
Secretary of Transportation shall not reallocate any funding made
available for items 523, 267, and 131 of section 3044 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Public Law 109–59).
SEC. 171. Notwithstanding any other provision of law, for fiscal
year 2010, the total estimated amount of future obligations of
the Government and contingent commitments to incur obligations
covered by all outstanding full funding grant agreements entered
into on or before September 30, 2009, and all outstanding letters
of intent and early systems work agreements under subsection
5309(g) of Title 49, United States Code, for major new fixed guideway capital projects may be not more than the sum of the amount
authorized under subsections 5338(a)(3)(iv) and 5338(c) of such
title for such projects and an amount equivalent to the last 3
fiscal years of funding allocated under subsections 5309(m)(1)(A)
and (m)(2)(A)(ii) of such title, for such projects, less an amount
the Secretary 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: 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

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Recommendations.

Reports.
Implementation
plan.
Deadline.

Determination.

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123 STAT. 3066

49 USC 5309
note.

Evaluation.

PUBLIC LAW 111–117—DEC. 16, 2009

granted a 60-day period to come into compliance with part 604,
and then was subsequently granted an exception from said part.
SEC. 173. Hereafter, for interstate multi-modal projects which
are in Interstate highway corridors, the Secretary shall base the
rating under section 5309(d) of title 49, United States Code, of
the non-New Starts share of the public transportation element
of the project on the percentage of non-New Starts funds in the
unified finance plan for the multi-modal project: Provided, That
the Secretary shall base the accounting of local matching funds
on the total amount of all local funds incorporated in the unified
finance plan for the multi-modal project for the purposes of funding
under chapter 53 of title 49, United States Code and title 23,
United States Code: Provided further, That the Secretary shall
evaluate the justification for the project under section 5309(d) of
title 49, United States Code, including cost effectiveness, on the
public transportation costs and public transportation benefits.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Expenditure
plan.

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.
Grants.
Deadlines.

ASSISTANCE TO SMALL SHIPYARDS

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

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

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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

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123 STAT. 3068

PUBLIC LAW 111–117—DEC. 16, 2009

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)

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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123 STAT. 3070

PUBLIC LAW 111–117—DEC. 16, 2009

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 dollarfor-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

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Appointees.

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OF

TRANSPORTATION

SEC. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Research and University Research Centers’’
account, and to the Federal Railroad Administration’s ‘‘Safety and
Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
SEC. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration,
the Federal Railroad Administration and the Federal Transit
Administration shall be for the eligible programs, projects and
activities in the corresponding amounts identified in the committee
report accompanying this Act for ‘‘Ferry Boats and Ferry Terminal
Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Maintenance Discretionary’’, ‘‘Transportation, Community and System Preservation
Program’’, ‘‘Delta Region Transportation Development Program’’,
‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail-highway

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PUBLIC LAW 111–117—DEC. 16, 2009

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. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department
or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the
Federal Aviation Administration; (3) any grant from the Federal
Railroad Administration; or (4) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘‘quick release’’ of funds from the emergency relief
program: Provided further, That no notification shall involve funds
that are not available for obligation.
SEC. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify to the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term

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Notifications.
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Notification.

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123 STAT. 3072

Notification.

Deadline.

Filing fees.

Contracts.

23 USC 127 note.

Effecive date.
23 USC 127 note.

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Applicability.

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PUBLIC LAW 111–117—DEC. 16, 2009

‘‘improper payments’’, has the same meaning as that provided in section 2(d)(2) of Public Law 107–300.
SEC. 191. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, said reprogramming action
shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other
congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 192. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect
any filing fee for rate complaints filed with the Board in an amount
in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
SEC. 193. Notwithstanding section 3324 of Title 31, United
States Code, in addition to authority provided by section 327 of
title 49, United States Code, the Department’s Working Capital
fund is hereby authorized to provide payments in advance to vendors that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order 13150
and section 3049 of Public Law 109–59: Provided, that the Department shall include adequate safeguards in the contract with the
vendors to ensure timely and high quality performance under the
contract.
SEC. 194. (a) IN GENERAL.—Section 127(a)(11) of title 23, United
States Code, is amended by striking ‘‘that portion of the Maine
Turnpike designated Route 95 and 495, and that portion of Interstate Route 95 from the southern terminus of the Maine Turnpike
to the New Hampshire State line, laws (including regulations)’’
and inserting ‘‘all portions of the Interstate Highway System in
the State, laws (including regulations)’’.
(b) PERIOD OF EFFECTIVENESS.—The amendment made by subsection (a) shall be in effect during the 1-year period beginning
on the date of enactment of this Act.
(c) REVERSION.—Effective as of the date that is 366 days after
the date of enactment of this Act, section 127(a)(11) of title 23,
United States Code, is amended by striking ‘‘all portions of the
Interstate Highway System in the State, laws (including regulations)’’ and inserting ‘‘that portion of the Maine Turnpike designated
Route 95 and 495, and that portion of Interstate Route 95 from
the southern terminus of the Maine Turnpike to the New Hampshire State line, laws (including regulations)’’.
(d) VERMONT PILOT PROGRAM.—Section 127(a) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(13) VERMONT PILOT PROGRAM.—
‘‘(A) IN GENERAL.—With respect to Interstate Routes
89, 91, and 93 in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight limitations applicable to State highways other than the Interstate
system shall be applicable in lieu of the requirements of
this subsection.’’.

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(e) PERIOD OF EFFECTIVENESS FOR THE VERMONT
GRAM.—The amendment made by subsection (d) shall

PILOT PRObe in effect
during the 1-year period beginning on the date of enactment of
this Act.
(f) REVERSION FOR THE VERMONT PILOT PROGRAM.—Effective
as of the date that is 366 days after the date of enactment of
this Act, section 127(a) of title 23, United States Code, is amended
by striking paragraph (13).
(g) REPORT ON THE VERMONT PILOT PROGRAM.—Not later than
2 years after the date of enactment of this paragraph, the Secretary
shall complete and submit to Congress a report on the effects
of the pilot program under this paragraph on highway safety, bridge
and road durability, commerce, truck volumes, and energy use
within the State of Vermont.
SEC. 195. The Secretary shall initiate an independent and
comprehensive study and analysis to supplement that authorized
under section 108, division C, of Public Law 111–8: Provided, That
the Department of Transportation shall work with and coordinate
with the Departments of Energy, Commerce and Agriculture to
develop a comprehensive understanding of the full value of river
flow support to users in the Mississippi and Missouri Rivers: Provided further, That subjects of analysis shall include energy
(including hydropower and generation cooling), and water transport
(including water-compelled rates, projected total transportation
congestion considerations, transportation energy efficiency, air
quality and carbon emissions) and water users (including the
number and distribution of people, households, municipalities, and
business throughout the Missouri and Mississippi River basins who
use river water for multiple purposes): Provided further, That in
addition to understanding current value, the Department is directed
to work with appropriate Federal partners to develop recommendations on how to minimize impediments to growth and maximize
water value of benefits related to energy production and efficiency,
congestion relief, trade and transport efficiency, and air quality:
Provided further, That the Department of Transportation shall provide its analysis and recommendations to the U.S. Army Corps
of Engineers, the White House, and the Congress: Provided further,
That $2,000,000 is available until expended for such purposes.
SEC. 196. Notwithstanding any other provision of law, funds
made available under section 330 of the Fiscal Year 2002 Department of Transportation and Related Agencies Appropriations Act
(Public Law 107–87) for the Las Vegas, Nevada Monorail Project,
funds made available under section 115 of the Fiscal Year 2004
Transportation, Treasury and Independent Agencies Appropriations
Act (Public Law 108–199) for the North Las Vegas Intermodal
Transit Hub, and funds made available for the CATRAIL RTC
Rail Project, Nevada in the Fiscal Year 2005 Transportation,
Treasury, Independent Agencies and General Government Appropriations Act (Public Law 108–447), as well as any unexpended
funds in the Federal Transit Administration grant numbers NV–
03–0024 and NV–03–0027, shall be made available until expended
to the Regional Transportation Commission of Southern Nevada
for bus and bus-related projects and bus rapid transit projects:
Provided, That the funds made available for a project in accordance
with this section shall be administered under the terms and conditions set forth in 49 U.S.C. 5307, to the extent applicable.

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Effective date.
23 USC 127 note.

Study.

Recommendations.

Nevada.

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PUBLIC LAW 111–117—DEC. 16, 2009

This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2010’’.
TITLE II

Department of
Housing and
Urban
Development
Appropriations
Act, 2010.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT

AND

ADMINISTRATION

EXECUTIVE DIRECTION

Transfer
authority.
Notification.

Notice.
Notification.

Reports.
Electronic
submission.

For necessary salaries and expenses for Executive Direction,
$26,855,000, of which not to exceed $4,619,000 shall be available
for the immediate Office of the Secretary and Deputy Secretary;
not to exceed $1,703,000 shall be available for the Office of Hearings
and Appeals; not to exceed $778,000 shall be available for the
Office of Small and Disadvantaged Business Utilization; not to
exceed $727,000 shall be available for the immediate Office of
the Chief Financial Officer; not to exceed $1,474,000 shall be available for the immediate Office of the General Counsel; not to exceed
$2,912,000 shall be available to the Office of the Assistant Secretary
for Congressional and Intergovernmental Relations; not to exceed
$3,996,000 shall be available for the Office of the Assistant Secretary for Public Affairs; not to exceed $1,218,000 shall be available
for the Office of the Assistant Secretary for Administration; not
to exceed $2,125,000 shall be available to the Office of the Assistant
Secretary for Public and Indian Housing; not to exceed $1,781,000
shall be available to the Office of the Assistant Secretary for
Community Planning and Development; not to exceed $3,497,000
shall be available to the Office of the Assistant Secretary for
Housing, Federal Housing Commissioner; not to exceed $1,097,000
shall be available to the Office of the Assistant Secretary for Policy
Development and Research; and not to exceed $928,000 shall be
available to the Office of the Assistant Secretary for Fair Housing
and Equal Opportunity: Provided, That the Secretary of the Department of Housing and Urban Development is authorized to transfer
funds appropriated for any office funded under this heading to
any other office funded under this heading following the written
notification to the House and Senate Committees on Appropriations:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding greater
than 5 percent shall be submitted for prior approval to the House
and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide
all signed reports required by Congress electronically: Provided
further, That not to exceed $25,000 of the amount made available
under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses
as the Secretary may determine.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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

Transfer
authority.

BENEFITS

PUBLIC AND INDIAN HOUSING

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

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COMMUNITY PLANNING AND DEVELOPMENT

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

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123 STAT. 3076

PUBLIC LAW 111–117—DEC. 16, 2009
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

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(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,

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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 tenantbased 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,

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Deadline.

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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, That the Secretary shall provide replacement vouchers for all units that
were occupied within the previous 24 months that cease to
be available as assisted housing, subject only to the availability
of funds;
(3) $1,575,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$50,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, Veterans Affairs Supportive
Housing vouchers, and other incremental vouchers: Provided,
That no less than $1,525,000,000 of the amount provided in
this paragraph shall be allocated to public housing agencies
for the calendar year 2010 funding cycle based on section 8(q)
of the Act (and related Appropriation Act provisions) as in
effect immediately before the enactment of the Quality Housing
and Work Responsibility Act of 1998 (Public Law 105–276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment
of amounts determined under the previous proviso, utilize
unobligated balances, including recaptures and carryovers,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, for fiscal
year 2009 and prior fiscal years, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That amounts provided under this paragraph shall be only
for activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities;
(4) $60,000,000 shall be available for family self-sufficiency
coordinators under section 23 of the Act;
(5) $15,000,000 for incremental voucher assistance through
the Family Unification Program: Provided, That the assistance
made available under this paragraph shall continue to remain
available for family unification upon turnover: Provided further,
That the Secretary of Housing and Urban Development shall
make such funding available, notwithstanding section 204 (competition provision) of this title, to entities with demonstrated
experience and resources for supportive services;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and

Vouchers.

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Voucher
extension.

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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: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over.

Waiver authority.

Voucher
extension.

HOUSING CERTIFICATE FUND

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

Contracts.
Termination.

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PUBLIC HOUSING CAPITAL FUND

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

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123 STAT. 3080

Bonus awards.

PUBLIC LAW 111–117—DEC. 16, 2009

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

42 USC 1437g
note.

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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.

Publication.
Notice.

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NATIVE AMERICAN HOUSING BLOCK GRANTS

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

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123 STAT. 3082

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009
COMMUNITY PLANNING

AND

123 STAT. 3083

DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

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

Contracts.

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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

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123 STAT. 3084

Grants.

Grants.

Plans.

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Consultation.

Grants.
Native
Americans.

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PUBLIC LAW 111–117—DEC. 16, 2009

by striking ‘‘Old Town Boys and Girls Club, Albuquerque, NM,
for renovation of the existing Old Town Boys and Girls Club accompanied by construction of new areas for the Club’’ and inserting
‘‘Old Town Boys and Girls Club, Albuquerque, NM, for renovation
of the Heights Boys and Girls Club’’.
The referenced statement of the managers under this heading
‘‘Community Planning and Development’’ in title II of division K
of Public Law 110–161 is deemed to be amended by striking ‘‘Custer
County, ID for acquisition of an unused middle school building’’
and inserting ‘‘Custer County, ID, to construct a community center’’.
The referenced explanatory statement under this heading in
division I of Public Law 111–8 is deemed to be amended with
respect to ‘‘Hawaii County Office of Housing and Community
Development, HI’’ by striking ‘‘Senior Housing Renovation Project’’
and inserting ‘‘Transitional Housing Project’’.
The referenced statement of the managers under this heading
‘‘Community Planning and Development’’ in title II of division I
of Public Law 111–8 is deemed to be amended by striking ‘‘Custer
County, ID, to purchase a middle school building’’ and inserting
‘‘Custer County, ID, to construct a community center’’.
The referenced explanatory statement under the heading
‘‘Community Development Fund’’ in title II of division K of Public
Law 110–161 is deemed to be amended with respect to ‘‘Emergency
Housing Consortium in San Jose, CA’’ by striking ‘‘for construction
of the Sobrato Transitional Center, a residential facility for homeless individuals and families’’ and inserting ‘‘for improvements to
homeless services and prevention facilities’’.
Of the amounts made available under this heading,
$150,000,000 shall be made available for a Sustainable Communities Initiative to improve regional planning efforts that integrate
housing and transportation decisions, and increase the capacity
to improve land use and zoning: Provided, That $100,000,000 shall
be for Regional Integrated Planning Grants to support the linking
of transportation and land use planning: Provided further, That
not less than $25,000,000 of the funding made available for Regional
Integrated Planning Grants shall be awarded to metropolitan areas
of less than 500,000: Provided further, That $40,000,000 shall be
for Community Challenge Planning Grants to foster reform and
reduce barriers to achieve affordable, economically vital, and
sustainable communities: Provided further, That before funding is
made available for Regional Integrated Planning Grants or Community Challenge Planning Grants, the Secretary, in coordination with
the Secretary of Transportation, shall submit a plan to the House
and Senate Committees on Appropriations, the Senate Committee
on Banking and Urban Affairs, and the House Committee on Financial Services establishing grant criteria as well as performance
measures by which the success of grantees will be measured: Provided further, That the Secretary will consult with the Secretary
of Transportation in evaluating grant proposals: Provided further,
That up to $10,000,000 shall be for a joint Department of Housing
and Urban Development and Department of Transportation
research effort that shall include a rigorous evaluation of the
Regional Integrated Planning Grants and Community Challenge
Planning Grants programs: Provided further, That of the amounts
made available under this heading, $25,000,000 shall be made
available for the Rural Innovation Fund for grants to Indian tribes,
State housing finance agencies, State community and/or economic

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123 STAT. 3085

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

Native
Americans.

Grants.

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.

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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

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123 STAT. 3086

PUBLIC LAW 111–117—DEC. 16, 2009

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)

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Contracts.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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 McKinneyVento 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 projectbased 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.

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123 STAT. 3088

PUBLIC LAW 111–117—DEC. 16, 2009
HOUSING FOR THE ELDERLY

Contracts.
Time period.

Waiver authority.

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 projectbased rental assistance awards: Provided, That amounts for project
rental assistance contracts are to remain available for the liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That of the amount provided under
this heading, up to $90,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for residents of assisted housing projects, and of which up to $40,000,000
shall be for grants under section 202b of the Housing Act of 1959
(12 U.S.C. 1701q–2) for conversion of eligible projects under such
section to assisted living or related use and for substantial and
emergency capital repairs as determined by the Secretary: Provided
further, That of the amount made available under this heading,
$20,000,000 shall be available to the Secretary of Housing and
Urban Development only for making competitive grants to private
nonprofit organizations and consumer cooperatives for covering
costs of architectural and engineering work, site control, and other
planning relating to the development of supportive housing for
the elderly that is eligible for assistance under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That
amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 capital advance projects: Provided further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration.
HOUSING FOR PERSONS WITH DISABILITIES

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Contracts.
Time period.

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For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of such
Act, $300,000,000, of which up to $186,000,000 shall be for capital
advances and project-based rental assistance contracts, to remain
available until September 30, 2013: Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of
such obligation: Provided further, That, of the amount provided
under this heading, $87,100,000 shall be for amendments or renewal

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further, That the Secretary may
waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except
that the initial contract term for such assistance shall not exceed
5 years in duration: Provided further, That amounts made available
under this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated with
section 811 Capital Advance Projects.

Waiver authority.
Time period.

Inspections.

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

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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 Stateaided, non-insured rental housing projects, $40,000,000, to remain
available until expended.

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123 STAT. 3090

PUBLIC LAW 111–117—DEC. 16, 2009
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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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.

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123 STAT. 3092

PUBLIC LAW 111–117—DEC. 16, 2009
FAIR HOUSING

AND

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

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

Lobbying.

OFFICE

OF

LEAD HAZARD CONTROL

AND

HEALTHY HOMES

LEAD HAZARD REDUCTION

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Waiver authority.
Determination.

Plans.
Strategy.
Notice.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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’’,

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123 STAT. 3094

Expenditure
plan.

Assessment.
Native
Americans.
Evaluation.

Allocation plan.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT

AND

URBAN

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2010 that
are allocated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2010 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2010 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2010, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2010 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New
York, New York, on behalf of the New York-Wayne-White Plains,
New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of
Housing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropolitan
area’s or division’s amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division
that is located in Hudson County, New Jersey, and adjusting for
the proportion of the metropolitan division’s high incidence bonus
if this area in New Jersey also has a higher than average per
capita incidence of AIDS; and (2) allocating to the City of Paterson,
New Jersey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported

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Grants.
AIDS.

New Jersey.

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Time period.

Deadlines.
Reports.
Budget.

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PUBLIC LAW 111–117—DEC. 16, 2009

in the portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and adjusting
for the proportion of the metropolitan division’s high incidence
bonus if this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2010 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be adjusted
by the Secretary on the basis of area incidence reported over a
3-year period.
SEC. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 206. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2010 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees

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PUBLIC LAW 111–117—DEC. 16, 2009

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. (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, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and
Urban Development by allocating to the State of New Jersey the
proportion of the metropolitan division’s amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division’s high incidence bonus if
this area in New Jersey also has a higher than average per capita
incidence of AIDS. The State of New Jersey shall use amounts
allocated to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity Act
(42 U.S.C. 12904) in the portion of the metropolitan division that
is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2010 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall
be used to carry out eligible activities under section 855 of such
Act (42 U.S.C. 12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2010 under section 854(c)
of such Act, upon the written request of an applicant, in conjunction
with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible grantee(s)
of the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS reported
in the portion of the metropolitan statistical area located in that
State. Any amounts allocated to a State under this section shall
be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.
SEC. 210. The President’s formal budget request for fiscal year
2011, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure provided under this Act.
SEC. 211. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority
of the county of Los Angeles, California, the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors

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AIDS.
New Jersey.

North Carolina.

Budget request.

State listing.

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123 STAT. 3098
Establishment.

Transfer
authority.

Standards.
Notification.
Consultation.
Certification.

Determination.

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Records.
Contracts.

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PUBLIC LAW 111–117—DEC. 16, 2009

or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that
chooses not to include a resident of Public Housing or a recipient
of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than
six residents of public housing or recipients of section 8 assistance
to provide advice and comment to the public housing agency or
other administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than quarterly.
SEC. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2010
and 2011, the Secretary of Housing and Urban Development may
authorize the transfer of some or all project-based assistance, debt
and statutorily required low-income and very low-income use
restrictions, associated with one or more multifamily housing project
to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units
and the net dollar amount of Federal assistance provided by
the transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (c)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) Any financial risk to the FHA General and Special
Risk Insurance Fund, as determined by the Secretary, would

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3099

be reduced as a result of a transfer completed under this
section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
SEC. 213. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title III
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.

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SEC. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as defined
under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
SEC. 216. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z–
g)), the Secretary of Housing and Urban Development may, until
September 30, 2010, insure and enter into commitments to insure
mortgages under section 255(g) of the National Housing Act (12
U.S.C. 1715z–20).
SEC. 217. Notwithstanding any other provision of law, in fiscal
year 2010, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing
Act of 1937 and other programs that are attached to any dwelling
units in the property. To the extent the Secretary determines,
in consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps

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PUBLIC LAW 111–117—DEC. 16, 2009

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. During fiscal year 2010, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan notwithstanding paragraphs (3) and
(18)(B)(iii) of such section 8(o), a family residing in an assisted
living facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section 8(o)(18)
of such Act, may be required, at the time the family initially
receives such assistance, to pay rent in an amount exceeding 40
percent of the monthly adjusted income of the family by such
a percentage or amount as the Secretary of Housing and Urban
Development determines to be appropriate.
SEC. 219. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and Senate
Committees on Appropriations on HUD’s use of all sole source
contracts, including terms of the contracts, cost, and a substantive
rationale for using a sole source contract.
SEC. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset nonprofit
entity to own the project and may lend the grant funds to such
entity, which may be a private nonprofit organization described
in section 831 of the American Homeownership and Economic
Opportunity Act of 2000.
SEC. 221. (a) The amounts provided under the subheading
‘‘Program Account’’ under the heading ‘‘Community Development
Loan Guarantees’’ may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance
with the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That, any State receiving such
a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in nonentitlement areas that received the commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
promulgate regulations governing the administration of the funds
described under subsection (a).
SEC. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended—
(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all
that follows through the period at the end and inserting ‘‘fiscal
year 2010.’’; and
(2) in subsection (o), by striking ‘‘September’’ and all that
follows through the period at the end and inserting ‘‘September
30, 2010.’’.

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Contracts.

Deadline.
Regulations.

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123 STAT. 3102
Exemption.

42 USC 1437g
note.

Allotment holder.
Determination.

Deadline.
Designation.

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Deadlines.

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SEC. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
SEC. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
SEC. 225. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that,
not later than 90 days after the date of enactment of this Act,
a trained allotment holder shall be designated for each HUD subaccount under the headings ‘‘Executive Direction’’ and heading
‘‘Administration, Operations, and Management’’ as well as each
account receiving appropriations for ‘‘personnel compensation and
benefits’’ within the Department of Housing and Urban Development.
SEC. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and Senate
Committees on Appropriations on the status of all section 8 projectbased 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 lowincome 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.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3103

SEC. 228. The Secretary of the Department of Housing and
Urban Development shall for Fiscal Year 2010 and subsequent
fiscal years, notify the public through the Federal Register and
other means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded. Notwithstanding
any other provision of law, for Fiscal Year 2010 and subsequent
fiscal years, the Secretary may make the NOFA available only
on the Internet at the appropriate government website or websites
or through other electronic media, as determined by the Secretary.
SEC. 229. (a) APPROVAL OF PREPAYMENT OF DEBT.—Upon
request of the project sponsor of a project assisted with a loan
under section 202 of the Housing Act of 1959 (as in effect before
the enactment of the Cranston-Gonzalez National Affordable
Housing Act), for which the Secretary’s consent to prepayment
is required, the Secretary shall approve the prepayment of any
indebtedness to the Secretary relating to any remaining principal
and interest under the loan as part of a prepayment plan under
which—
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least
as advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of
Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s)) or any successor
project-based rental assistance program, except as provided
by subsection (a)(2)(B); and
(2) the prepayment may involve refinancing of the loan
if such refinancing results—
(A) in a lower interest rate on the principal of the
loan for the project and in reductions in debt service related
to such loan; or
(B) in the case of a project that is assisted with a
loan under such section 202 carrying an interest rate of
6 percent or lower, a transaction under which—
(i) the project owner shall address the physical
needs of the project;
(ii) the prepayment plan for the transaction,
including the refinancing, shall meet a cost benefit
analysis, as established by the Secretary, that the benefit of the transaction outweighs the cost of the transaction including any increases in rent charged to
unassisted tenants;
(iii) the overall cost for providing rental assistance
under section 8 for the project (if any) is not increased,
except, upon approval by the Secretary to—
(I) mark-up-to-market contracts pursuant to
section 524(a)(3) of the Multifamily Assisted
Housing Reform and Affordability Act (42 U.S.C.
1437f note), as such section is carried out by the
Secretary for properties owned by nonprofit
organizations; or

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Federal Register,
publication.
42 USC 3545a.

Web posting.

Cost estimate.

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123 STAT. 3104

Contracts.
Time period.

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Homeless.

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PUBLIC LAW 111–117—DEC. 16, 2009

(II) mark-up-to-budget contracts pursuant to
section 524(a)(4) of the Multifamily Assisted
Housing Reform and Affordability Act (42 U.S.C.
1437f note), as such section is carried out by the
Secretary for properties owned by eligible owners
(as such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent
sufficient to meet debt service payments and operating
cost requirements, as approved by the Secretary, if
project-based rental assistance is not available or is
insufficient for the debt service and operating cost
of the project after refinancing. Such approval by the
Secretary—
(I) shall be the basis for the owner to agree
to terminate the project-based rental assistance
contract that is insufficient for the debt service
and operating cost of the project after refinancing;
and
(II) shall be an eligibility event for the project
for purposes of section 8(t) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted under
section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of such tenants, become eligible for project-based
assistance under section 8(o)(13) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without
regard to the percentage limitations provided in such
section; and
(vi) there shall be a use agreement of 20 years
from the date of the maturity date of the original
202 loan for all units, including units to be occupied
by tenants assisted under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)).
SEC. 230. No property identified by the Secretary of Housing
and Urban Development as surplus Federal property for use to
assist the homeless shall be made available to any homeless group
unless the group is a member in good standing under any of
HUD’s homeless assistance programs or is in good standing with
any other program which receives funds from any other Federal
or State agency or entity: Provided, That an exception may be
made for an entity not involved with Federal homeless programs
to use surplus Federal property for the homeless only after the
Secretary or another responsible Federal agency has fully and comprehensively reviewed all relevant finances of the entity, the track
record of the entity in assisting the homeless, the ability of the
entity to manage the property, including all costs, the ability of
the entity to administer homeless programs in a manner that
is effective to meet the needs of the homeless population that
is expected to use the property and any other related issues that
demonstrate a commitment to assist the homeless: Provided further,
That the Secretary shall not require the entity to have cash in
hand in order to demonstrate financial ability but may rely on
the entity’s prior demonstrated fundraising ability or commitments
for in-kind donations of goods and services: Provided further, That
the Secretary shall make all such information and its decision

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further, That,
this section shall apply to properties in fiscal years 2009 and
2010 made available as surplus Federal property for use to assist
the homeless.
SEC. 231. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent of
funds appropriated for any account under this title under the
heading ‘‘Personnel Compensation and Benefits’’ to any other
account under this title under the heading ‘‘Personnel Compensation
and Benefits’’ only after such transfer has been submitted to, and
received prior written approval by, the House and Senate Committees on Appropriations: Provided, That, no appropriation for any
such account shall be increased or decreased by more than 10
percent by all such transfers.
SEC. 232. The Secretary of Housing and Urban Development
may increase, pursuant to this section, the number of Movingto-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public
Law 104–134; 110 Stat. 1321) by adding to the program three
Public Housing Agencies that meet the following requirements:
is a High Performing Agency under the Public Housing Assessment
System (PHAS). No PHA shall be granted this designation through
this section that administers in excess of 5,000 aggregate housing
vouchers and public housing units. No PHA granted this designation
through this section shall receive more funding under sections
8 or 9 of the United States Housing Act of 1937 than they otherwise
would have received absent this designation. In addition to other
reporting requirements, all Moving-to-Work agencies shall report
financial data to the Department of Housing and Urban Development as specified by the Secretary, so that the effect of Movingto-Work policy changes can be measured.
SEC. 233. Notwithstanding any other provision of law, in determining the market value of any multifamily real property or multifamily loan for any noncompetitive sale to a State or local government, the Secretary shall in fiscal year 2010 consider, but not
be limited to, industry standard appraisal practices, including the
cost of repairs needed to bring the property into such condition
as to satisfy minimum State and local code standards and the
cost of maintaining the affordability restrictions imposed by the
Secretary on the multifamily real property or multifamily loan.
SEC. 234. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall
be considered a ‘‘program of the Department of Housing and Urban
Development’’ under section 904 of the McKinney Act for the purpose of income verifications and matching.
SEC. 235. (a) IN GENERAL.—The Secretary of Housing and
Urban Development shall prepare a report, and post such report
on the public website of the Department of Housing and Urban
Development (in this section referred to as the ‘‘Department’’),
regarding the number of homes owned by the Department and
the budget impact of acquiring, maintaining, and selling such
homes.

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Applicability.

Transfer
authority.
Submission.

Requirements.

Reports.

Reports.
Web posting.

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PUBLIC LAW 111–117—DEC. 16, 2009

(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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Budget requests.

NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES

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

Audits.

NEIGHBORHOOD REINVESTMENT CORPORATION

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PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

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

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42 USC 8104.

Foreclosures.

Grants.
Waiver authority.

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the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $133,000,000, of which $5,000,000 shall be for a multi-family
rental housing program: Provided, That section 605(a) of the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is
amended by adding at the end of the first sentence, prior to the
period, ‘‘, except that the board-appointed officers may be paid
salary at a rate not to exceed level II of the Executive Schedule’’:
Provided further, That in addition, $35,000,000 shall be made available until expended for capital grants to rehabilitate or finance
the rehabilitation of affordable housing units, including necessary
administrative expenses: Provided further, That in addition,
$65,000,000 shall be made available until expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure mitigation
activities, under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (‘‘NRC’’),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD)
(with match to be determined by the NRC based on affordability
and the economic conditions of an area; a match also may
be waived by the NRC based on the aforementioned conditions)
to provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and foreclosures
to help eliminate the default and foreclosure of mortgages of
owner-occupied single-family homes that are at risk of such
foreclosure. Other than areas with high rates of defaults and
foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the
Nation by the NRC which determines where there is a prevalence of mortgages that are risky and likely to fail, including
any trends for mortgages that are likely to default and face
foreclosure. A State Housing Finance Agency may also be
eligible where the State Housing Finance Agency meets all
the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure
mitigation assistance counseling requirements, as determined
by the NRC, and shall be approved by HUD or the NRC
as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes
with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result
in the long-term affordability of the mortgage retained pursuant
to such activity or another positive outcome for the homeowner.
No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower’s financial situation, an evaluation of the current
value of the property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of
the mortgage by a non-Federal third party, counseling and

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3109

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

ON

Certification.

Reports.
Deadline.

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

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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.

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123 STAT. 3110

Contracts.

Deadline.
Reports.

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Fines.

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SEC. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities
by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board,
commission, agency, administration, or department different from
the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval
is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit
a report to the Committees on Appropriations of the Senate and
of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1)
a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2010 from appropriations made available

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PUBLIC LAW 111–117—DEC. 16, 2009

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, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole source contracts by no later
than July 30, 2010. Such report shall include the contractor, the
amount of the contract and the rationale for using a sole source
contract.
SEC. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownsfield as defined in the Small
Business Liability Relief and Brownsfield Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 411. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,

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Expenditure
request.

Reports.
Deadline.

Eminent domain.

Employment.
Deadline.
Time period.
Certification.

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123 STAT. 3112

Light bulbs.

Web posting.

Time period.

ACORN.

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Earmarks.

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PUBLIC LAW 111–117—DEC. 16, 2009

other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 412. No funds appropriated pursuant to this Act may
be expended in contravention of sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the
‘‘Buy American Act’’).
SEC. 413. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been found to violate the Buy American Act (41 U.S.C.
10a–10c).
SEC. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 415. None of the funds made available in this Act may
be used to purchase a light bulb for an office building unless
the light bulb has, to the extent practicable, an Energy Star or
Federal Energy Management Program designation.
SEC. 416. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 417. None of the funds made available in this Act may
be used to establish, issue, implement, administer, or enforce any
prohibition or restriction on the establishment or effectiveness of
any occupancy preference for veterans in supportive housing for
the elderly that: (1) is provided assistance by the Department
of Housing and Urban Development; and (2)(A) is or would be
located on property of the Department of Veterans Affairs; or (B)
is subject to an enhanced use lease with the Department of Veterans
Affairs.
SEC. 418. None of the funds made available under this Act
or any prior Act may be provided to the Association of Community
Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries, or allied organizations.
SEC. 419. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–218) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules
of the House of Representatives, when intended to be awarded
to a for-profit entity, shall be awarded under a full and open
competition.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3113

This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2010’’.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2010

Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2010.
Department of
Commerce
Appropriations
Act, 2010.

TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION

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OPERATIONS AND ADMINISTRATION

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

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Applicability.

Negotiations.

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123 STAT. 3114

PUBLIC LAW 111–117—DEC. 16, 2009

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

Applicability.

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

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Race
identification.
13 USC 5 note.

NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION

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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

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123 STAT. 3116

PUBLIC LAW 111–117—DEC. 16, 2009

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

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Applicability.
35 USC 41 note.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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CONSTRUCTION OF RESEARCH FACILITIES

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

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Budget estimate.
15 USC 1513b
note.

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123 STAT. 3118

PUBLIC LAW 111–117—DEC. 16, 2009
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)

Grants.

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,305,178,000, to remain available until September 30, 2011, except for funds provided for cooperative enforcement, which shall remain available until September
30, 2012: Provided, That fees and donations received by the National
Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302: Provided
further, That in addition, $3,000,000 shall be derived by transfer
from the fund entitled ‘‘Coastal Zone Management’’ and in addition
$104,600,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’: Provided further, That of the $3,412,778,000
provided for in direct obligations under this heading $3,305,178,000
is appropriated from the general fund, and $107,600,000 is provided
by transfer: Provided further, That the total amount available for
the National Oceanic and Atmospheric Administration corporate
services administrative support costs shall not exceed $235,549,000:
Provided further, That payments of funds made available under
this heading to the Department of Commerce Working Capital
Fund including Department of Commerce General Counsel legal
services shall not exceed $41,944,000: Provided further, That within
the amounts appropriated, $99,295,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
accompanying this Act: Provided further, That any deviation from
the amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated balances
of funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act:
Provided further, That in allocating grants under sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended,
no coastal State shall receive more than 5 percent or less than
1 percent of increased funds appropriated over the previous fiscal
year.
In addition, for necessary retired pay expenses under the
Retired Serviceman’s Family Protection and Survivor Benefits Plan,
and for payments for the medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10 U.S.C.
55), such sums as may be necessary.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided
further, That the Secretary of Commerce shall include in budget
justification materials that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and
Atmospheric Administration Procurement, Acquisition or Construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the
budgetary requirements for each such project for each of the five
subsequent fiscal years: Provided further, That the Secretary of
Commerce is authorized to enter into a lease, at no cost to the
United States Government, with the Regents of the University
of Alabama for a term of not less than 55 years, with two successive
options each of 5 years, for land situated on the campus of University of Alabama in Tuscaloosa to house the Cooperative Institute
and Research Center for Southeast Weather and Hydrology: Provided further, That within the amounts appropriated, $18,000,000
shall be used for the projects, and in the amounts, specified in
the explanatory statement accompanying this Act.

Budget
estimates.

Contracts.
University of
Alabama.

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

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(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

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123 STAT. 3120

PUBLIC LAW 111–117—DEC. 16, 2009

$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

Deadline.
Reports.

Certification.

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

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

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic
and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not be
transferred and reprogrammed to other Department of Commerce
bureaus and appropriation accounts.
SEC. 104. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title or from actions taken
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 105. The requirements set forth by section 112 of division
B of Public Law 110–161 are hereby adopted by reference.
SEC. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation,
maintenance, and improvement of space that persons, firms or
organizations are authorized pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority to use or occupy
in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has
been delegated to the Secretary from the Administrator of General
Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use
or occupancy of the space is authorized, up to $200,000, shall
be credited to the appropriation or fund which initially bears the
costs of such services.
SEC. 107. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding

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Notification.
Deadline.

Incorporation by
reference.
33 USC 878a
note.

President.

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123 STAT. 3122

PUBLIC LAW 111–117—DEC. 16, 2009

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

Department of
Justice
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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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123 STAT. 3124

PUBLIC LAW 111–117—DEC. 16, 2009

$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-ScottRodino 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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

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123 STAT. 3126

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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.

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123 STAT. 3128

PUBLIC LAW 111–117—DEC. 16, 2009
BUREAU

OF

ALCOHOL, TOBACCO, FIREARMS

AND

EXPLOSIVES

SALARIES AND EXPENSES

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Effective date.
Firearms data.
18 USC 923 note.

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

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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

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SALARIES AND EXPENSES

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

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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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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;

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123 STAT. 3132

PUBLIC LAW 111–117—DEC. 16, 2009
(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

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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—

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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.

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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

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123 STAT. 3134

PUBLIC LAW 111–117—DEC. 16, 2009
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;

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PUBLIC LAW 111–117—DEC. 16, 2009

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 familybased 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.

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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

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123 STAT. 3136

PUBLIC LAW 111–117—DEC. 16, 2009

(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.

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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

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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

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(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

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123 STAT. 3138

PUBLIC LAW 111–117—DEC. 16, 2009
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).

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SALARIES

Determination.

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AND

EXPENSES

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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GENERAL PROVISIONS—DEPARTMENT

OF

JUSTICE

SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $75,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 206. The Attorney General is authorized to extend through
September 30, 2011, the Personnel Management Demonstration
Project transferred to the Attorney General pursuant to section
1115 of the Homeland Security Act of 2002, Public Law 107–
296 (6 U.S.C. 533) without limitation on the number of employees
or the positions covered.
SEC. 207. Notwithstanding any other provision of law, Public
Law 102–395 section 102(b) shall extend to the Bureau of Alcohol,
Tobacco, Firearms and Explosives in the conduct of undercover
investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation by the
Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the
United States.

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Abortion.

Abortion.

Project extension.
5 USC 3104 note.

Investigations.
Applicability.
28 USC 533 note.

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123 STAT. 3140

Sentinel.
Certification.

Notification.
Applicability.

Certification.

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Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 208. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of transporting
an individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other facility
certified by the Federal Bureau of Prisons as appropriately secure
for housing such a prisoner.
SEC. 209. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
to rent or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
SEC. 210. None of the funds made available under this title
shall be obligated or expended for Sentinel, or for any other major
new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board certify
to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
SEC. 211. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided
under this title in previous years.
SEC. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of 28 U.S.C. 545.
SEC. 214. None of the funds appropriated in this or any other
Act shall be obligated for the initiation of a future phase of the
Federal Bureau of Investigation’s Sentinel program until the
Attorney General certifies to the Committees on Appropriations
that existing phases currently under contract for development or
fielding have completed a majority of the work for that phase
under the performance measurement baseline validated by the
integrated baseline review conducted in 2008: Provided, That this
restriction does not apply to planning and design activities for
future phases: Provided further, That the Bureau will notify the
Committees on Appropriations of any significant changes to the
baseline.
SEC. 215. In addition to any amounts that otherwise may
be available (or authorized to be made available) by law, with
respect to funds appropriated by this Act under the headings ‘‘Justice Assistance’’, ‘‘State and Local Law Enforcement Assistance’’,

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3141

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‘‘Weed and Seed’’, ‘‘Juvenile Justice Programs’’, and ‘‘Community
Oriented Policing Services’’—
(1) Up to 3 percent of funds made available to the Office
of Justice Programs for grants or reimbursement may be used
to provide training and technical assistance; and
(2) Up to 1 percent of funds made available to such Office
for formula grants under such headings may be used for
research or statistical purposes by the National Institute of
Justice or the Bureau of Justice Statistics, pursuant to, respectively, sections 201 and 202, and sections 301 and 302 of
title I of Public Law 90–351.
SEC. 216. The Attorney General may, upon request by a grantee
and based upon a determination of fiscal hardship, waive the
requirements of paragraph (1) of section 2976(g) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1))
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2009 and 2010 for Adult and Juvenile
Offender State and Local Reentry Demonstration Projects authorized under part FF of such Act of 1968.
SEC. 217. Section 5759 of title 5, United States Code, is
amended by striking subsection (e).
SEC. 218. (a) The Attorney General shall submit quarterly
reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to each
conference held by the Department of Justice during fiscal year
2010 for which the cost to the Government was more than $20,000.
(b) Each report submitted under subsection (a) shall include,
for each conference described in that subsection held during the
applicable quarter—
(1) a description of the subject of and number of participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine
which costs relate to that conference; and
(3) a description of the contracting procedures relating
to that conference, including—
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential contractors for that conference.
SEC. 219. (a) Subchapter IV of chapter 57 of title 5, United
States Code, is amended by adding at the end the following:

VerDate Nov 24 2008

Determination.
Waiver authority.

Deadlines.
Reports.

‘‘§ 5761. Foreign language proficiency pay awards for the Federal Bureau
of Investigation

5 USC 5761.

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

Regulations.

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123 STAT. 3142

PUBLIC LAW 111–117—DEC. 16, 2009

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

Waiver authority.

‘‘5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation.’’
SEC. 220. For purposes of the allocation under section 505(d)(1)

of title I of Public Law 90–351 (42 U.S.C. 3755(d)(1)) for fiscal
year 2010, the Attorney General is authorized to waive the application of section 505(e)(3) (42 U.S.C. 3755(e)(3)) to any non-reporting
unit of local government that—
(1) was eligible to receive an allocation under section
505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
(2) agrees to begin to report timely data on part I violent
crimes of the Uniform Crime Reports to the Federal Bureau
of Investigation by not later than the end of such fiscal year;
and
(3) does so begin in accordance with such agreement.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2010’’.

Reports.
Deadline.

TITLE III

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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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.

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123 STAT. 3144

PUBLIC LAW 111–117—DEC. 16, 2009
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

Contracts.
Time period.
42 USC 2459j–1.

42 USC 16611b
note.

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

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Deadline.

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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.

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123 STAT. 3146

PUBLIC LAW 111–117—DEC. 16, 2009
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

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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’’.

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PUBLIC LAW 111–117—DEC. 16, 2009

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

Notification.

INTERNATIONAL TRADE COMMISSION

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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.

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123 STAT. 3148

PUBLIC LAW 111–117—DEC. 16, 2009
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION

Applicability.

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

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

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

OF THE

UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES

Negotiations.

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Negotiations.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2010, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through the reprogramming of funds that—
(1) creates or initiates a new program, project or activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified
15 days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or restricted
by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations
are notified 15 days in advance of such reprogramming of
funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House

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Contracts.

Notifications.
Deadlines.

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123 STAT. 3150

Religious
harassment.
42 USC 2000e–12
note.

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Deadlines.
Reports.

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PUBLIC LAW 111–117—DEC. 16, 2009

and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations
for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project
or activity, or numbers of personnel by 10 percent as approved
by Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such reprogramming of funds; or
(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming
of funds.
(b) None of the funds in provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through the reprogramming of funds after August 1,
except in extraordinary circumstances, and only after the House
and Senate Committees on Appropriations are notified 30 days
in advance of such reprogramming of funds.
SEC. 506. Hereafter, none of the funds made available in this
or any other Act may be used to implement, administer, or enforce
any guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion, when it is made known
to the Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect from
the proposed guidelines published by the Commission on October
1, 1993 (58 Fed. Reg. 51266).
SEC. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 508. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by
such agency during any previous fiscal year.
SEC. 509. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3151

department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 510. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 511. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for—
(1) the implementation of any tax or fee in connection
with the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24
hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922
of title 18, United States Code, or State law.
SEC. 512. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.
10601 in any fiscal year in excess of $705,000,000 shall not be
available for obligation until the following fiscal year.
SEC. 513. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
SEC. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to the
following that would make clear that trace data cannot be used
to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not

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Transfer
authority.

Tobacco and
tobacco products.

Firearms.

42 USC 10601
note.

Discrimination.

Firearm traces.

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123 STAT. 3152

Audits.
Reports.
Deadlines.

Deadline.
Public
information.
Web posting.

Certification.

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Effective date.
Determination.

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PUBLIC LAW 111–117—DEC. 16, 2009

all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for purposes
of determining which types, makes, or models of firearms are
used for illicit purposes. The firearms selected do not constitute
a random sample and should not be considered representative
of the larger universe of all firearms used by criminals, or
any subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for firearms
traced do not necessarily represent the sources or methods
by which firearms in general are acquired for use in crime.
SEC. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the costs
of a banquet or conference that is not directly and programmatically
related to the purpose for which the grant or contract was awarded,
such as a banquet or conference held in connection with planning,
training, assessment, review, or other routine purposes related to
a project funded by the grant or contract.
(d) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(e) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3153

SEC. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
SEC. 519. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative

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Human
organism.
Torture.

Exports and
imports.
Firearms.
Canada.

President.
Determination.
Federal Register,
publication.

Firearms.

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123 STAT. 3154

National security
letters.

Notification.
Deadline.

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Web posting.
5 USC app. 8L.

Contracts.
Grants.
Certification.

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PUBLIC LAW 111–117—DEC. 16, 2009

expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
SEC. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act;
The Fair Credit Reporting Act; The National Security Act of 1947;
USA PATRIOT Act; and the laws amended by these Acts.
SEC. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent, the program manager
shall immediately inform the Secretary, Administrator, or Director.
The Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in writing
of such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement
costs.
SEC. 525. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414) during fiscal year 2010 until the enactment
of the Intelligence Authorization Act for fiscal year 2010.
SEC. 526. The Departments, agencies, and commissions funded
under this Act, shall establish and maintain on the homepages
of their Internet websites—
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases
of waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
SEC. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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(RESCISSIONS)

SEC. 529. (a) Of the unobligated balances available to the
Department of Justice from prior appropriations, the following funds
are hereby rescinded, not later than September 30, 2010, from
the following accounts in the specified amounts—
(1) ‘‘Legal Activities, Assets Forfeiture Fund’’, $387,200,000;
(2) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $50,000,000;
(3) ‘‘Office of Justice Programs’’, $54,000,000; and
(4) ‘‘Community Oriented Policing Services’’, $40,000,000.
(b) Within 30 days of enactment of this Act, the Department
of Justice shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report specifying
the amount of each rescission made pursuant to this section.
(c) The rescissions contained in this section shall not apply
to funds provided in this Act.
SEC. 530. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 531. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than

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Deadline.
Reports.

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123 STAT. 3156

Detainees.
Cuba.
President.
Classified
information.
Deadlines.

Disposition plan.

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Notification.
Certification.

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PUBLIC LAW 111–117—DEC. 16, 2009

50 employees from a Federal department or agency at any single
conference occurring outside the United States.
SEC. 532. (a) None of the funds made available in this or
any other Act may be used to release an individual who is detained,
as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba,
into the continental United States, Alaska, Hawaii, or the District
of Columbia, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI),
the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other
Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into
the continental United States, Alaska, Hawaii, or the District of
Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the
Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purpose of detention,
except as provided in subsection (c).
(c) None of the funds made available in this or any other
Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into
the continental United States, Alaska, Hawaii, or the District of
Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the
Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purposes of prosecuting
such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d)
is received.
(d) The President shall submit to Congress, in classified form,
a plan regarding the proposed disposition of any individual covered
by subsection (c) who is detained as of June 24, 2009. Such plan
shall include, at a minimum, each of the following for each such
individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or
the United States territories if the individual were transferred
to such a facility.
(3) The costs associated with transferring the individual
in question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the State
to which the individual will be transferred, to the Mayor of
the District of Columbia if the individual will be transferred
to the District of Columbia, or to any United States territories
with a certification by the Attorney General of the United

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PUBLIC LAW 111–117—DEC. 16, 2009

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 this section, the term ‘‘freely associated States’’ means
the Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI), and the Republic of Palau.
(h) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to
the Congress a report in classified form describing the disposition
or legal status of each individual detained at the facility as of
the date of enactment of this Act.
SEC. 533. Section 504(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104–134) is amended
by striking paragraph (13).
SEC. 534. None of the funds made available under this Act
may be distributed to the Association of Community Organizations
for Reform Now (ACORN) or its subsidiaries.
SEC. 535. (a) The Comptroller General of the United States
shall conduct a review and audit of Federal funds received by
the Association of Community Organizations for Reform Now
(referred to in this section as ‘‘ACORN’’) or any subsidiary or
affiliate of ACORN to determine—

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Definition.

Reports.

110 Stat.
1321–55.
ACORN.

Audits.

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123 STAT. 3158

Deadline.
Reports.
Recommendations.

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Earmarks.

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PUBLIC LAW 111–117—DEC. 16, 2009

(1) whether any Federal funds were misused and, if so,
the total amount of Federal funds involved and how such funds
were misused;
(2) what steps, if any, have been taken to recover any
Federal funds that were misused;
(3) what steps should be taken to prevent the misuse
of any Federal funds; and
(4) whether all necessary steps have been taken to prevent
the misuse of any Federal funds.
(b) Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report
on the results of the audit required under subsection (a), along
with recommendations for Federal agency reforms.
SEC. 536. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 537. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States Government receiving funds appropriated under this
Act to track undisbursed balances in expired grant accounts and
include in its annual performance plan and performance and
accountability reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 538. None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees from
the Department of Commerce to the jurisdiction of the Executive
Office of the President.
SEC. 539. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–149) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules
of the House of Representatives, when intended to be awarded
to a for-profit entity, shall be awarded under a full and open
competition.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2010’’.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3159

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

Financial
Services and
General
Government
Appropriations
Act, 2010.
Department of
the Treasury
Appropriations
Act, 2010.

TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

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(INCLUDING TRANSFERS OF FUNDS)

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

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Transfer
authority.
Notification.

Approval.

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123 STAT. 3160

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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123 STAT. 3162

PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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’’.

Applicability.

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

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(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 policetype 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

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123 STAT. 3164

PUBLIC LAW 111–117—DEC. 16, 2009

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

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Expenditure
plan.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

OF THE

Confidentiality.

Contracts.

TREASURY

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(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.

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123 STAT. 3166

PUBLIC LAW 111–117—DEC. 16, 2009

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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.

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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,

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123 STAT. 3168

Notice.
Deadlines.

Penalties.
Deadline.

Deadline.
Reports.

Records.

PUBLIC LAW 111–117—DEC. 16, 2009

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

AND

RESTORATION

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

OF

ECONOMIC ADVISERS

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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SALARIES AND EXPENSES

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

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Deadline.
Policy reviews.

Notification.
Reports.
Deadline.

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123 STAT. 3170

PUBLIC LAW 111–117—DEC. 16, 2009
OFFICE

OF

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

21 USC 1702
note.

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

Reports.

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

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Deadline.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further, That each High Intensity
Drug Trafficking Area designated as of September 30, 2009, shall
be funded at not less than the fiscal year 2009 base level, unless
the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes
to those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal
year 2010 funding among HIDTAs not later than 45 days after
enactment of this Act, and shall notify the Committees of planned
uses of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after enactment
of this Act.

Funding
justification.

Notifications.
Deadlines.

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

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(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

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123 STAT. 3172

Reports.
Deadlines.

PUBLIC LAW 111–117—DEC. 16, 2009

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

TO THE

PRESIDENT

SALARIES AND EXPENSES

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

OF THE

VICE PRESIDENT

OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President,
to be accounted for solely on his certificate, $330,000: Provided,
That advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of carrying
out such activities.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFERS OF FUNDS)

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Notification.

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SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the President’’, and ‘‘Official Residence
of the Vice President’’, the Director of the Office of Management

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PUBLIC LAW 111–117—DEC. 16, 2009

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 Director of the Office of National Drug Control
Policy shall submit to the Committees on Appropriations of the
House of Representatives and the Senate not later than 60 days
after the date of enactment of this Act, and prior to the initial
obligation of more than 20 percent of the funds appropriated in
any account (except ‘‘Counterdrug Technology Assessment Center’’)
under the heading ‘‘Office of National Drug Control Policy’’, a
detailed narrative and financial plan on the proposed uses of all
funds under the account by program, project, and activity: Provided,
That the reports required by this section shall be updated and
submitted to the Committees on Appropriations every 6 months
and shall include information detailing how the estimates and
assumptions contained in previous reports have changed: Provided
further, That any new projects and changes in funding of ongoing
projects shall be subject to the prior approval of the Committees
on Appropriations.
SEC. 203. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be transferred between appropriated programs upon
the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent.
SEC. 204. Not to exceed $1,000,000 of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be reprogrammed within a program, project, or activity
upon the advance approval of the Committees on Appropriations.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2010’’.
TITLE III

OF THE

Reports.
Deadlines.

Judiciary
Appropriations
Act, 2010.

THE JUDICIARY
SUPREME COURT

Deadline.
Financial plan.

UNITED STATES

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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.

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123 STAT. 3174

PUBLIC LAW 111–117—DEC. 16, 2009
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,
SERVICES

AND

OTHER JUDICIAL

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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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123 STAT. 3176

PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 90 days after the date of the enactment
of this Act, the Administrative Office of the U.S. Courts shall
submit to the Committees on Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds
including appropriations, fee collections, and carryover balances,
to include a separate and detailed plan for the Judiciary Information
Technology Fund, which will establish the baseline for application
of reprogramming and transfer authorities for the current fiscal
year.
SEC. 305. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 306. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 307. Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended—
(1) in the third sentence (relating to the District of Kansas),
by striking ‘‘18 years’’ and inserting ‘‘19 years’’;
(2) in the sixth sentence (relating to the Northern District
of Ohio), by striking ‘‘18 years’’ and inserting ‘‘19 years’’; and
(3) in the seventh sentence (relating to the District of
Hawaii), by striking ‘‘15 years’’ and inserting ‘‘16 years’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2010’’.
TITLE IV

Deadline.
Financial plan.

Applicability.

Reimbursements.

District of
Columbia
Appropriations
Act of 2010.

DISTRICT OF COLUMBIA
FEDERAL FUNDS

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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

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123 STAT. 3178
Accounts.

Deadline.
Reports.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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

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Contracts.
Deadlines.
Reports.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Deadline.
Notification.

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS

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

Contracts.
Deadlines.
Reports.

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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

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123 STAT. 3180

Deadline.

Records.
Public
information.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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

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

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Deadlines.
Budget.
Reports.

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FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

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

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Deadline.

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123 STAT. 3182

Inspections.
Deadline.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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

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

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

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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.

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123 STAT. 3184

PUBLIC LAW 111–117—DEC. 16, 2009
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 postelection voting systems verification.
FEDERAL COMMUNICATIONS COMMISSION

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further, That the Inspector General
of the Federal Communications Commission shall examine whether,
and to what extent, the National Exchange Carrier Association,
Inc. is acting in compliance with the Communications Act of 1934,
as amended, and the regulations promulgated thereunder, and
whether, and to what extent, the FCC has delegated authority
to National Exchange Carrier Association, Inc. consistent with the
Communications Act of 1934, as amended: Provided further, That
the Federal Communications Commission Inspector General shall
submit a report to Congress not later than July 1, 2010, setting
forth the conclusions of such examination.

Examination.

Reports.
Deadline.

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION

SEC. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2009’’, each place it appears and inserting ‘‘December 31, 2010’’.
SEC. 502. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal
service support payments.

118 Stat. 3998.

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

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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.

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123 STAT. 3186

PUBLIC LAW 111–117—DEC. 16, 2009
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 nonFederal 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

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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).

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3187

GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND

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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.

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123 STAT. 3188

Expiration date.

Project plan.
40 USC 301 note.

Project plan.

Advanced
approval.

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Advanced
approval.

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Pennsylvania:
Lancaster, United States Courthouse, $6,500,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$91,565,000.
San Antonio, United States Courthouse, $4,000,000.
Utah:
Salt
Lake
City,
United
States
Courthouse,
$211,000,000:
Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected
in other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of
a greater amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2011 and remain
in the Federal Buildings Fund except for funds for projects as
to which funds for design or other funds have been obligated in
whole or in part prior to such date: Provided further, That for
fiscal year 2011 and thereafter, the annual budget submission to
Congress for the General Services Administration shall include
a detailed 5-year plan for Federal building construction projects
with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual
budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection,
include a detailed 5-year plan for Federal land port-of-entry projects
with a yearly update of total projected future funding needs; (2)
$413,776,000 shall remain available until expended for repairs and
alterations, which includes associated design and construction services:
Repairs and Alterations:
District of Columbia:
East Wing Infrastructure Systems Replacement,
$84,500,000.
Eisenhower Executive Office Building Roof Replacement, $15,000,000.
New Executive Office Building, $30,276,000.
Special Emphasis Programs:
Fire and Life Safety Program, $20,000,000.
Energy and Water Retrofit and Conservation Measures, $2,000,000.
Federal
High-Performance
Green
Buildings,
$2,000,000.
Basic Repairs and Alterations, $260,000,000:
Provided further, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified
for each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Expiration date.

GENERAL ACTIVITIES

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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.

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123 STAT. 3190

PUBLIC LAW 111–117—DEC. 16, 2009
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; agencywide 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)

Time period.
Spending plan.

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

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(INCLUDING TRANSFERS OF FUNDS)

SEC. 510. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 511. Funds in the Federal Buildings Fund made available
for fiscal year 2010 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 512. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2011 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved 5year construction plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed, replaced, or
expanded.
SEC. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 514. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 515. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.

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Advanced
approval.

Contracts.
Explanatory
statement.

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123 STAT. 3192

PUBLIC LAW 111–117—DEC. 16, 2009

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.

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ENVIRONMENTAL DISPUTE RESOLUTION FUND

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Expenditure
plan.

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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.

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123 STAT. 3194

PUBLIC LAW 111–117—DEC. 16, 2009
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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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.

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123 STAT. 3196

PUBLIC LAW 111–117—DEC. 16, 2009
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

33 USC 776.

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

OF

SPECIAL COUNSEL

SALARIES AND EXPENSES

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

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

AND

CIVIL LIBERTIES OVERSIGHT BOARD

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SALARIES AND EXPENSES

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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SALARIES AND EXPENSES

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

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President.
Exemption
authority.

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123 STAT. 3198
Military
induction.

PUBLIC LAW 111–117—DEC. 16, 2009

deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated
by this Act may be expended for or in connection with the induction
of any person into the Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES

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

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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.

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123 STAT. 3200

PUBLIC LAW 111–117—DEC. 16, 2009
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

Disaster
assistance.
Alaska.
North Dakota.

SEC. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 521. All disaster loans issued in Alaska or North Dakota
shall be administered by the Small Business Administration and
shall not be sold during fiscal year 2010.
SEC. 522. Funds made available under section 525 of Public
Law 111–8 for the Jackie Joyner-Kersee Center shall be made
available to the Illinois Institute of Independent Colleges and
Universities.
SEC. 523. For an additional amount under the heading ‘‘Small
Business Administration—Salaries and Expenses’’, $59,000,000, to
remain available until September 30, 2011, which shall be for
initiatives related to small business development and entrepreneurship, including programmatic and construction activities, in the
amounts and for the projects specified in the table that appears
under the heading ‘‘Administrative Provisions—Small Business
Administration’’ in the statement of managers to accompany this
Act.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND

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Overseas voting.
Blind persons.

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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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GENERAL PROVISIONS—THIS ACT
SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with the Buy American Act
(41 U.S.C. 10a–10c).
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity

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Contracts.

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123 STAT. 3202

Deadline.
Reports.

Reports.

Fines.

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Expenditure
request.

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PUBLIC LAW 111–117—DEC. 16, 2009

that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include: (1) a table for
each appropriation with a separate column to display the President’s
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both
by object class and program, project, and activity as detailed in
the budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been
submitted to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2010 from appropriations made available
for salaries and expenses for fiscal year 2010 in this Act, shall
remain available through September 30, 2011, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background investigation report on any individual, except when—

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PUBLIC LAW 111–117—DEC. 16, 2009

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 funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition
by the Federal Government of information technology (as defined
in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107–204) in an aggregate amount not exceeding the
amount of funds collected by the Board as of December 31, 2009,
including accrued interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2010 shall
remain available until expended.

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Abortion.

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123 STAT. 3204
Rescission.

Definition.
Cuba.

40 USC 101 note.
Effective date.

Deadline.

Effective date.

Earmarks.

PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 618. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $1,500,000 are rescinded.
SEC. 619. During fiscal year 2010, for purposes of section
908(b)(1) of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7207(b)(1)), the term ‘‘payment of cash
in advance’’ shall be interpreted as payment before the transfer
of title to, and control of, the exported items to the Cuban purchaser.
SEC. 620. (a) Section 101(a)(1) of the Federal and District
of Columbia Government Real Property Act of 2006 (Public Law
109–396; 120 Stat. 2711) is amended to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) U.S. RESERVATION 13.—On the date on which the
District of Columbia conveys to the Administrator of General Services all right, title, and interest of the District
of Columbia in the property described in subsection (c),
the Administrator shall convey to the District of Columbia
all right, title, and interest of the United States in U.S.
Reservation 13, subject to the conditions described in subsection (b).
‘‘(B) OLD NAVAL HOSPITAL.—Not later than 60 days
after the date of the enactment of the Financial Services
and General Government Appropriations Act, 2010, the
Administrator shall convey to the District of Columbia
all right, title, and interest of the United States in Old
Naval Hospital.’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Federal and District of
Columbia Government Real Property Act of 2006.
SEC. 621. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory issues.
SEC. 622. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–202) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules
of the House of Representatives, when intended to be awarded
to a for-profit entity, shall be awarded under a full and open
competition.
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3205

officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under
8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and
has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who
owes allegiance to the United States: Provided, That for purposes
of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That any person making a false affidavit shall be guilty
of a felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and
not in substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary
to the provisions of this section shall be recoverable in action
by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of
the Government of the United States on the date of enactment
of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to
exceed 60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed

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note.

5 USC 3101 note.

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Penalties.

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by the Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a joint resolution duly adopted in accordance with the applicable
law of the United States.
SEC. 710. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 2010, by this or any other
Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal

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PUBLIC LAW 111–117—DEC. 16, 2009

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 the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2009, shall be determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2009, except to the
extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2009.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this section
not in effect.
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 711. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in

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Applicability.

Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009

excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 712. Notwithstanding section 31 U.S.C. 1346, or section
708 of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
SEC. 713. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policydetermining 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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,

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That notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress, or to an authorized
official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
SEC. 717. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 718. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 719. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and
the Senate.
SEC. 720. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
SEC. 721. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.

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(TRANSFER OF FUNDS)

SEC. 723. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the President’s Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition
Officers Council for procurement initiatives, and the Performance
Improvement Council for performance improvement initiatives):
Provided further, That the total funds transferred or reimbursed
shall not exceed $17,000,000: Provided further, That such transfers
or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations by the Director
of the Office of Management and Budget.
SEC. 724. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 725. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee
on Commerce, Science, and Transportation 90 days after enactment
of this Act.
SEC. 726. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—

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Reports.
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(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 728. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 729. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official antidoping 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

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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) For fiscal year 2010, no funds shall be available
for transfers or reimbursements to the E-Government initiatives
sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget and receipt of
approval to transfer funds by the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The report in subsection (a) and other required justification
materials shall include at a minimum—
(1) a description of each initiative including but not limited
to its objectives, benefits, development status, risks, cost
effectiveness (including estimated net costs or savings to the
government), and the estimated date of full operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or expenditure
for new E-Government initiatives without the explicit approval
of the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 734. Notwithstanding section 1346 of title 31, United
States Code, and section 708 of this Act and any other provision
of law, the head of each appropriate executive department and
agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act
for the purposes described below, and shall submit budget requests
for such purposes. These funds shall be administered by the Federal

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Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to
ensure the uninterrupted, continuous operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior for
the entirety of fiscal year 2010 and any period thereafter that
precedes the enactment of the Financial Services and General
Government Appropriations Act, 2011. The Director of the Office
of Management and Budget shall mandate the necessary transfers
after determining an equitable allocation between the appropriate
executive departments and agencies of the responsibility for funding
the continuous operation of the Midway Atoll Airfield based on,
but not limited to, potential use, interest in maintaining aviation
safety, and applicability to governmental operations and agency
mission. The total funds transferred or reimbursed shall not exceed
$6,000,000 for any 12-month period. Such sums shall be sufficient
to ensure continued operation of the airfield throughout the period
cited above. Funds shall be available for operation of the airfield
or airfield-related capital upgrades. The Director of the Office of
Management and Budget shall notify the Committees on Appropriations of the House of Representatives and the Senate of such transfers or reimbursements within 15 days of this Act. Such transfers
or reimbursements shall begin within 30 days of enactment of
this Act.
SEC. 735. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 736. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
SEC. 737. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act) and regulations implementing that section.
SEC. 738. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government travel charge card. Such evaluations for individually
billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those
terms are defined in section 603 of the Fair Credit Reporting
Act (Public Law 91–508): Provided, That the department or agency
may not issue a government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further,
That this restriction shall not preclude issuance of a restricteduse 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

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123 STAT. 3215

lacks a credit history. Each executive department and agency shall
establish guidelines and procedures for disciplinary actions to be
taken against agency personnel for improper, fraudulent, or abusive
use of government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes, and at
establishments, that are inconsistent with the official business of
the Department or agency or with applicable standards of conduct.
SEC. 739. (a) DEFINITIONS.—For purposes of this section the
following definitions apply:
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great
Lakes State’’ have the same meanings as such terms have
in section 506 of the Water Resources Development Act of
2000 (42 U.S.C. 1962d–22).
(2) GREAT LAKES RESTORATION ACTIVITIES.—The term
‘‘Great Lakes restoration activities’’ means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) REPORT.—Not later than 45 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives
a financial report, certified by the Secretary of each agency that
has budget authority for Great Lakes restoration activities, containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each of
the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately
reporting the amount of funding to be provided under
existing laws pertaining to the Great Lakes ecosystem;
and
(B) identifies all expenditures since fiscal year 2004
by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated
by all Federal agencies and, to the extent available, State
agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to
be carried out in the upcoming fiscal year with the Federal
portion of funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activities.
SEC. 740. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the

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authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 742. (a) Section 748 of the Financial Services and General
Government Appropriations Act, 2009 (Public Law 111–8, division
D) is repealed.
(b) Hereafter, the President may modify or replace Executive
Order No. 13423 if the President determines that a revised or
new executive order will achieve equal or better environmental
or energy efficiency results.
SEC. 743. (a) SERVICE CONTRACT INVENTORY REQUIREMENT.—
(1) GUIDANCE.—Not later than March 1, 2010, the Director
of the Office of Management and Budget shall develop and
disseminate guidance to aid executive agencies in establishing
systems for the collection of information required to meet the
requirements of this section and to ensure consistency of inventories across agencies.
(2) REPORT.—Not later than July 31, 2010, the Director
of the Office of Management and Budget shall submit a report
to Congress on the status of efforts to enable executive agencies
to prepare the inventories required under paragraph (3),
including the development, as appropriate, of guidance, methodologies, and technical tools.
(3) INVENTORY CONTENTS.—Not later than December 31,
2010, and annually thereafter, the head of each executive
agency required to submit an inventory in accordance with
the Federal Activities Inventory Reform Act of 1998 (Public
Law 105–270; 31 U.S.C. 501 note), other than the Department
of Defense, shall submit to the Office of Management and
Budget an annual inventory of service contracts awarded or
extended through the exercise of an option on or after April
1, 2010, for or on behalf of such agency. For each service
contract, the entry for an inventory under this section shall
include, for the preceding fiscal year, the following:
(A) A description of the services purchased by the
executive agency and the role the services played in
achieving agency objectives, regardless of whether such
a purchase was made through a contract or task order.
(B) The organizational component of the executive
agency administering the contract, and the organizational
component of the agency whose requirements are being
met through contractor performance of the service.
(C) The total dollar amount obligated for services under
the contract and the funding source for the contract.
(D) The total dollar amount invoiced for services under
the contract.
(E) The contract type and date of award.

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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 the inventory available to the public; and
(2) publish in the Federal Register a notice that the inventory is available to the public.
(d) GOVERNMENT-WIDE INVENTORY REPORT.—Not later than 90
days after the deadline for submitting inventories under subsection
(a)(3), and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress and make publicly
available on the Office of Management and Budget website a report
on the inventories submitted. The report shall identify whether
each agency required to submit an inventory under subsection
(a)(3) has met such requirement and summarize the information
submitted by each executive agency required to have a Chief Financial Officer pursuant to section 901 of title 31, United States Code.
(e) REVIEW AND PLANNING REQUIREMENTS.—Not later than 180
days after the deadline for submitting inventories under subsection
(a)(3) for an executive agency, the head of the executive agency,
or an official designated by the agency head shall—
(1) review the contracts and information in the inventory;
(2) ensure that—
(A) each contract in the inventory that is a personal
services contract has been entered into, and is being performed, in accordance with applicable laws and regulations;
(B) the agency is giving special management attention
to functions that are closely associated with inherently
governmental functions;
(C) the agency is not using contractor employees to
perform inherently governmental functions;
(D) the agency has specific safeguards and monitoring
systems in place to ensure that work being performed
by contractors has not changed or expanded during
performance to become an inherently governmental function;
(E) the agency is not using contractor employees to
perform critical functions in such a way that could affect
the ability of the agency to maintain control of its mission
and operations; and
(F) there are sufficient internal agency resources to
manage and oversee contracts effectively;
(3) identify contracts that have been poorly performed,
as determined by a contracting officer, because of excessive
costs or inferior quality; and

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information.
Federal Register,
publication.
Notice.
Public
information.
Web posting.

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Effective date.

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(4) identify contracts that should be considered for conversion to—
(A) performance by Federal employees of the executive
agency in accordance with agency insourcing guidelines
required under section 736 of the Financial Services and
General Government Appropriations Act, 2009 (Public Law
111–8, division D); or
(B) an alternative acquisition approach that would
better enable the agency to efficiently utilize its assets
and achieve its public mission.
(f) REPORT ON ACTIONS TAKEN IN RESPONSE TO ANNUAL INVENTORY.—Not later than one year after submitting an annual inventory under subsection (a)(3), the head of each executive agency
submitting such an inventory shall submit to the Office of Management and Budget a report summarizing the actions taken pursuant
to subsection (e), including any actions taken to consider and convert
functions from contractor to Federal employee performance. The
report shall be included as an attachment to the next annual
inventory and made publicly available in accordance with subsection
(c).
(g) SUBMISSION OF SERVICE CONTRACT INVENTORY BEFORE
PUBLIC-PRIVATE COMPETITION.—Notwithstanding any other provision of law, beginning in fiscal year 2011, if an executive agency
has not submitted to the Office of Management and Budget the
inventory required under subsection (a)(3) for the prior fiscal year,
the agency may not begin, plan for, or announce a study or publicprivate 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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2010 under section 5303 of title 5, United States Code, shall be
an increase of 1.5 percent, and the overall average percentage
of the adjustments taking effect in such fiscal year under sections
5304–5304a of such title 5 shall be an increase of 0.5 percent
(with comparability payments to be determined and allocated among
pay localities by the President). Adjustments under the preceding
sentence shall also apply to civilian employees in the Department
of Homeland Security and in the Department of Defense. All adjustments under this subsection shall be effective as of the first day
of the first applicable pay period beginning on or after January
1, 2010.
(b) Notwithstanding section 710, the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal
year 2010 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentages in subsection (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and
5304–5304a of title 5, United States Code. Prevailing rate employees
at locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304–5304a of such title 5 and
prevailing rate employees described in section 5343(a)(5) of such
title 5 shall be considered to be located in the pay locality designated
as ‘‘Rest of U.S.’’ pursuant to section 5304 of such title 5 for
purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2010.
SEC. 745. (a) Section 5538 of title 5, United States Code, is
amended by striking subsection (b) and inserting the following:
‘‘(b) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee’s
civilian employment had not been interrupted)—
‘‘(1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the
position from which such employee is absent (as referred to
in subsection (a)); and
‘‘(2) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee’s civilian employment with the Government.’’.
(b) The amendments made by this section shall take effect
on the first day of the first applicable pay period beginning on
or after the date of the enactment of this Act.
SEC. 746. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
SEC. 747. (a) DEFINITIONS.—For purposes of this section the
following definitions apply:
(1) The term ‘‘covered manufacturer’’ means—
(A) an automobile manufacturer in which the United
States Government has an ownership interest, or to which
the Government has provided financial assistance under

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PUBLIC LAW 111–117—DEC. 16, 2009

title I of the Emergency Economic Stabilization Act of
2008; or
(B) an automobile manufacturer which acquired more
than half of the assets of an automobile manufacturer
in which the United States Government has an ownership
interest, or to which the Government has provided financial
assistance under title I of the Emergency Economic Stabilization Act of 2008.
(2) The term ‘‘covered dealership’’ means an automobile
dealership that had a franchise agreement for the sale and
service of vehicles of a brand or brands with a covered manufacturer in effect as of October 3, 2008, and such agreement
was terminated, not assigned in the form existing on October
3, 2008 to another covered manufacturer in connection with
an acquisition of assets related to the manufacture of that
vehicle brand or brands, not renewed, or not continued during
the period beginning on October 3, 2008, and ending on
December 31, 2010.
(b) A covered dealership that was not lawfully terminated under
applicable State law on or before April 29, 2009, shall have the
right to seek, through binding arbitration, continuation, or
reinstatement of a franchise agreement, or to be added as a
franchisee to the dealer network of the covered manufacturer in
the geographical area where the covered dealership was located
when its franchise agreement was terminated, not assigned, not
renewed, or not continued. Such continuation, reinstatement, or
addition shall be limited to each brand owned and manufactured
by the covered manufacturer at the time the arbitration commences,
to the extent that the covered dealership had been a dealer for
such brand at the time such dealer’s franchise agreement was
terminated, not assigned, not renewed, or not continued.
(c) Before the end of the 30-day period beginning on the date
of the enactment of this Act, a covered manufacturer shall provide
to each covered dealership related to such covered manufacturer
a summary of the terms and the rights accorded under this section
to a covered dealership and the specific criteria pursuant to which
such dealer was terminated, was not renewed, or was not assumed
and assigned to a covered manufacturer.
(d) A covered dealership may elect to pursue the right to
binding arbitration with the appropriate covered manufacturer.
Such election must occur within 40 days of the date of enactment.
The arbitration process must commence as soon as practicable
thereafter with the selection of the arbitrator and conclude with
the case being submitted to the arbitrator for deliberation within
180 days of the date of enactment of this Act. The arbitrator
may extend the time periods in this subsection for up to 30 days
for good cause. The covered manufacturer and the covered dealership may present any relevant information during the arbitration.
The arbitrator shall balance the economic interest of the covered
dealership, the economic interest of the covered manufacturer, and
the economic interest of the public at large and shall decide, based
on that balancing, whether or not the covered dealership should
be added to the dealer network of the covered manufacturer. The
factors considered by the arbitrator shall include (1) the covered
dealership’s profitability in 2006, 2007, 2008, and 2009, (2) the

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PUBLIC LAW 111–117—DEC. 16, 2009

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. The arbitrator
shall issue a written determination no later than 7 business days
after the arbitrator determines that case has been fully submitted.
At a minimum, the written determination shall include (1) a description of the covered dealership, (2) a clear statement indicating
whether the franchise agreement at issue is to be renewed, continued, assigned or assumed by the covered manufacturer, (3) the
key facts relied upon by the arbitrator in making the determination,
and (4) an explanation of how the balance of economic interests
supports the arbitrator’s determination.
(e) The arbitrator shall be selected from the list of qualified
arbitrators maintained by the Regional Office of the American
Arbitration Association (AAA), in the Region where the dealership
is located, by mutual agreement of the covered dealership and
covered manufacturer. If agreement cannot be reached on a suitable
arbitrator, the parties shall request AAA to select the arbitrator.
There will be no depositions in the proceedings, and discovery
shall be limited to requests for documents specific to the covered
dealership. The parties shall be responsible for their own expenses,
fees, and costs, and shall share equally all other costs associated
with the arbitration, such as arbitrator fees, meeting room charges,
and administrative costs. The arbitration shall be conducted in
the State where the covered dealership is located. Parties will
have the option of conducting arbitration electronically and telephonically, by mutual agreement of both parties. The arbitrator
shall not award compensatory, punitive, or exemplary damages
to any party. If the arbitrator finds in favor of a covered dealership,
the covered manufacturer shall as soon as practicable, but not
later than 7 business days after receipt of the arbitrator’s determination, provide the dealer a customary and usual letter of intent
to enter into a sales and service agreement. After executing the
sales and service agreement and successfully completing the operational prerequisites set forth therein, a covered dealership shall
return to the covered manufacturer any financial compensation
provided by the covered manufacturer in consideration of the covered manufacturer’s initial determination to terminate, not renew,
not assign or not assume the covered dealership’s applicable franchise agreement.
(f) Any legally binding agreement resulting from a voluntary
negotiation between a covered manufacturer and covered dealership(s) shall not be considered inconsistent with this provision
and any covered dealership that is a party to such agreement
shall forfeit the right to arbitration established by this provision.
(g) Notwithstanding the requirements of this provision, nothing
herein shall prevent a covered manufacturer from lawfully terminating a covered dealership in accordance with applicable State
law.

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Deadline.

Deadline.
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123 STAT. 3222

PUBLIC LAW 111–117—DEC. 16, 2009
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)

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SEC. 801. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council
of the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 804. (a) None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter.
SEC. 805. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance
of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 1, 2010.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3223

SEC. 806. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 807. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 808. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District
of Columbia government employee as may otherwise be designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 810. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 811. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.

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Voting rights.

Needle
distribution.

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exceptions.

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123 STAT. 3224
Deadline.
Reports.

Drugs and drug
abuse.

Abortion.

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Deadline.
Budget.

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PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 812. The Mayor of the District of Columbia shall submit
to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government
Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate annual
reports addressing—
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats,
and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment
programs, and the recidivism/re-arrest rates for treatment
participants;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools, repeated grade rates, high
school graduation rates, post-secondary education attendance
rates, and teen pregnancy rates;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received;
(7) indicators of child and family well-being including child
living arrangements by family structure, number of children
aging out of foster care, poverty rates by family structure,
crime by family structure, marriage rates by income quintile,
and out-of-wedlock births; and
(8) employment, including job status and participation in
assistance programs by income, education and family structure.
SEC. 813. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
SEC. 814. None of the Federal funds appropriated under this
Act shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to term
or where the pregnancy is the result of an act of rape or incest.
SEC. 815. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted

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PUBLIC LAW 111–117—DEC. 16, 2009

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 section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 816. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1–204.42).
SEC. 817. Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia’s enterprise and
capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
SEC. 818. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2010’’.
DIVISION D—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

Applicability.
Certification.

Deadline.
Budget.

Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2010.
Department of
Labor
Appropriations
Act, 2010.

TRAINING AND EMPLOYMENT SERVICES

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(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

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123 STAT. 3226

PUBLIC LAW 111–117—DEC. 16, 2009
$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 Statewide 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

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3227

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

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Time period.
29 USC 2918b.

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123 STAT. 3228

PUBLIC LAW 111–117—DEC. 16, 2009
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

Deadline.
Determination.

Deadline.
Reports.

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

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 FederalState 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 WagnerPeyser 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

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123 STAT. 3230

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 an additional $50,000 shall be made available through September 30, 2011, for obligation for investment
management fees for every $25,000,000 in assets received by the
Corporation as a result of new plan terminations or asset growth,
after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That obligations
in excess of the amounts provided in this paragraph may be incurred
for unforeseen and extraordinary pretermination expenses after
approval by the Office of Management and Budget and notification
of the Committees on Appropriations of the House of Representatives and the Senate.

Notification.

Notification.

EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$491,382,000, together with $2,124,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d),
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in
the Treasury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards Act of
1938 and for processing applications and issuing registrations under
title I of the Migrant and Seasonal Agricultural Worker Protection
Act: Provided further, That funds identified in the table contained
in the statement of the managers on the conference report accompanying this Act for Program Direction and Support may be allocated among the agencies included in this account and may be
transferred to any other account within the Department of Labor
for such purposes.
Of the unobligated funds collected pursuant to section 286(v)
of the Immigration and Nationality Act, $50,000,000 are rescinded
as of September 30, 2010.

Fees.

SPECIAL BENEFITS

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(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

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123 STAT. 3232

Determination.

Regulations.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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

26 USC 9501
note.

HEALTH ADMINISTRATION

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SALARIES AND EXPENSES

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

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Fees.

Farms and
farming.

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123 STAT. 3234
Small businesses.

Farms and
farming.

PUBLIC LAW 111–117—DEC. 16, 2009

who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (DART)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,750,000 shall be available
for Susan Harwood training grants.
MINE SAFETY

AND

HEALTH ADMINISTRATION

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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 firstaid 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,

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3235

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

OF

30 USC 962.

LABOR STATISTICS

SALARIES AND EXPENSES

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

OF

Survey.

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

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(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

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123 STAT. 3236

PUBLIC LAW 111–117—DEC. 16, 2009

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

Contracts.

To carry out subtitle C of title I of the Workforce Investment
Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the Workforce
Investment Act; $1,708,205,000, plus reimbursements, as follows:
(1) $1,574,015,000 for Job Corps Operations, of which
$983,015,000 shall be available for obligation for the period
July 1, 2010 through June 30, 2011 and of which $591,000,000
shall be available for obligation for the period October 1, 2010
through June 30, 2011;
(2) $105,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $5,000,000 shall
be available for the period July 1, 2010 through June 30,
2013 and $100,000,000 shall be available for the period October
1, 2010 through June 30, 2013; and
(3) $29,190,000 for necessary expenses of the Office of
Job Corps shall be available for obligation for the period October
1, 2009 through September 30, 2010:
Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps
centers.

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall
not be used to create any new program or to fund any project
or activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
SEC. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. None of the funds appropriated in this title for
grants under section 171 of the Workforce Investment Act of 1998
may be obligated prior to the preparation and submission of a
report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
SEC. 105. None of the funds made available to the Department
of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used
for any purpose other than training in the occupations and industries for which employers are using H–1B visas to hire foreign
workers, and the related activities necessary to support such
training: Provided, That the preceding limitation shall not apply
to multi-year grants awarded prior to June 30, 2007.
SEC. 106. None of the funds available in this Act or available
to the Secretary of Labor from other sources for grants under
the Career Pathways Innovation Fund and grants authorized under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 shall be obligated for a grant awarded
on a non-competitive basis.

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Notification.
Deadline.

Child labor.

Reports.

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123 STAT. 3238

PUBLIC LAW 111–117—DEC. 16, 2009

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)

Transfer plan.
29 USC 2883b.

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Effective date.

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SEC. 108. The Secretary of Labor shall submit to the Committees on Appropriations of the House of Representatives and the
Senate a plan for the transfer of the administration of the Job
Corps program authorized under title I–C of the Workforce Investment Act of 1998 from the Office of the Secretary to the Employment
and Training Administration. As of the date that is 30 days after
the date of submission of such plan, the Secretary may transfer
the administration and appropriated funds of the program from
the Office of the Secretary and the provisions of section 102 of
Public Law 109–149 shall no longer be applicable.
SEC. 109. The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established in section 667.220 of title 20 of the Code of Federal Regulations for functions and activities under title I of the Workforce
Investment Act of 1998, or to modify, through regulatory or administrative action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including applying
the standards specified in section 116(a)(3)(B) of that Act, but
notwithstanding the time limits specified in section 116(a)(3)(B)
of that Act), until such time as legislation reauthorizing the Act
is enacted. Nothing in the preceding sentence shall permit or require
the Secretary to withdraw approval for such redesignation from
a State that received the approval not later than October 12,
2005, or to revise action taken or modify the redesignation procedure
being used by the Secretary in order to complete such redesignation
for a State that initiated the process of such redesignation by
submitting any request for such redesignation not later than
October 26, 2005.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2010’’.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3239

TITLE II

Department of
Health and
Human Services
Appropriations
Act, 2010.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

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HEALTH RESOURCES AND SERVICES

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

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Abortions.
Political
activities.

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Deadline.
Grants.
Urban and rural
areas.

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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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

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123 STAT. 3242

Gun control.

Notification.

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Contracts.

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PUBLIC LAW 111–117—DEC. 16, 2009

shall be available until expended to provide screening and treatment
for first response emergency services personnel, residents, students,
and others related to the September 11, 2001 terrorist attacks
on the World Trade Center: Provided, That in addition, such sums
as may be derived from authorized user fees, which shall be credited
to this account: Provided further, That with respect to the previous
proviso, authorized user fees from the Vessel Sanitation Program
shall be available through September 30, 2011: Provided further,
That in addition to amounts provided herein, the following amounts
shall be available from amounts available under section 241 of
the PHS Act: (1) $12,864,000 to carry out the National Immunization Surveys; (2) $138,683,000 to carry out the National Center
for Health Statistics surveys; (3) $30,880,000 for Public Health
Informatics; (4) $47,036,000 for Health Marketing; (5) $31,170,000
to carry out Public Health Research; and (6) $91,724,000 to carry
out research activities within the National Occupational Research
Agenda: Provided further, That none of the funds made available
for injury prevention and control at the Centers for Disease Control
and Prevention may be used, in whole or in part, to advocate
or promote gun control: Provided further, That of the funds made
available under this heading, up to $1,000 per eligible employee
of the Centers for Disease Control and Prevention shall be made
available until expended for Individual Learning Accounts: Provided
further, That the Director may redirect the total amount made
available under authority of Public Law 101–502, section 3, dated
November 3, 1990, to activities the Director may so designate:
Provided further, That the Committees on Appropriations of the
House of Representatives and the Senate are to be notified promptly
of any such redirection: Provided further, That not to exceed
$20,787,000 may be available for making grants under section
1509 of the PHS Act to not less than 21 States, tribes, or tribal
organizations: Provided further, That notwithstanding any other
provision of law, the Centers for Disease Control and Prevention
shall award a single contract or related contracts for development
and construction of the next building or facility designated in the
Buildings and Facilities Master Plan that collectively include the
full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the Centers
for Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention or
the Public Health Service, both civilian and Commissioned Officers,
detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments,
shall be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of Health
and Human Services during the period of detail or assignment.
In addition, for necessary expenses to administer the Energy
Employees Occupational Illness Compensation Program Act,
$55,358,000, to remain available until expended, of which
$4,500,000 shall be for use by or in support of the Advisory Board
on Radiation and Worker Health (‘‘the Board’’) to carry out its
statutory responsibilities, including obtaining audits, technical
assistance, and other support from the Board’s audit contractor

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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.

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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.

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123 STAT. 3244

PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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:

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123 STAT. 3246

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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)

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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

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123 STAT. 3248

Fees.

PUBLIC LAW 111–117—DEC. 16, 2009

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

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Reports.

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AND

ABUSE CONTROL ACCOUNT

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

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PUBLIC LAW 111–117—DEC. 16, 2009
ADMINISTRATION

FOR

CHILDREN

AND

123 STAT. 3249

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.

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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

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123 STAT. 3250

PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided further, That the Secretary of
Health and Human Services shall establish procedures regarding
the disposition of intangible assets and program income that permit
such assets acquired with, and program income derived from, grant
funds authorized under section 680 of the CSBG Act to become
the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be
used by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations: Provided further, That $17,410,000 shall be for activities
authorized by the Help America Vote Act of 2002, of which
$12,154,000 shall be for payments to States to promote access
for voters with disabilities, and of which $5,256,000 shall be for
payments to States for protection and advocacy systems for voters
with disabilities: Provided further, That $2,000,000 shall be for
a human services case management system for federally declared
disasters, to include a comprehensive national case management
contract and Federal costs of administering the system: Provided
further, That up to $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to
States to support data collection for a study of the system’s effectiveness: Provided further, That of the funds appropriated under this

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Procedures.
42 USC 9921
note.

Applicability.

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123 STAT. 3252

PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

Deadline.

Embryo adoption.

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.

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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,

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123 STAT. 3254

PUBLIC LAW 111–117—DEC. 16, 2009

$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

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(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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary of Health
and Human Services.
SEC. 202. The Secretary of Health and Human Services shall
make available through assignment not more than 60 employees
of the Public Health Service to assist in child survival activities
and to work in AIDS programs through and with funds provided
by the Agency for International Development, the United Nations
International Children’s Emergency Fund or the World Health
Organization.
SEC. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
SEC. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the preparation

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Government
employees.
Children and
youth.
AIDS.

Reports.

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123 STAT. 3256

PUBLIC LAW 111–117—DEC. 16, 2009

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)

Notification.
Deadline.

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

Notification.
Deadline.

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

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Certification.

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SEC. 208. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research Office’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary of Health and Human Services that it encourages family
participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the

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PUBLIC LAW 111–117—DEC. 16, 2009

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 as provided by subsection (e) none of the
funds appropriated for fiscal year 2010 or any subsequent fiscal
year by this or any subsequent appropriations Act may be used
to withhold substance abuse funding from a State pursuant to
section 1926 of the Public Health Service Act (‘‘PHS Act’’) if such
State certifies to the Secretary of Health and Human Services
by May 1 of the fiscal year for which the funds are appropriated,
that the State will commit additional State funds, in accordance
with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years
of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary under section 1926 of such Act.
(c) The State is to maintain State expenditures in such fiscal
year for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for the preceding fiscal year, and adding
to that level the additional funds for tobacco compliance activities
required under subsection (a). The State is to submit a report
to the Secretary on all State obligations of funds for such fiscal
year and all State expenditures for the preceding fiscal year for
tobacco prevention and compliance activities by program activity
by July 31 of such fiscal year.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31 of such fiscal year.
(e) None of the funds appropriated by this or any subsequent
appropriations Act may be used to withhold substance abuse
funding pursuant to section 1926 of the PHS Act from a territory
that receives less than $1,000,000.
SEC. 213. In order for the Department of Health and Human
Services to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2010:
(1) The Secretary of Health and Human Services may
exercise authority equivalent to that available to the Secretary

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Drugs and drug
abuse.
Certification.
Deadline.
Tobacco and
tobacco products.
42 USC
300x–26a.

Reports.
Deadline.

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123 STAT. 3258

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Consultation.

Applicability.

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PUBLIC LAW 111–117—DEC. 16, 2009

of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary of Health and Human Services
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary of Health and Human Services is authorized to provide such funds by advance or reimbursement to
the Secretary of State as may be necessary to pay the costs
of acquisition, lease, alteration, renovation, and management
of facilities outside of the United States for the use of the
Department of Health and Human Services. The Department
of State shall cooperate fully with the Secretary of Health
and Human Services to ensure that the Department of Health
and Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location, setback,
and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services
is authorized, in consultation with the Secretary of State,
through grant or cooperative agreement, to make available
to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary of Health and Human Services is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign Service
Act of 1980, and 22 U.S.C. 4081 through 4086 and subject
to such regulations prescribed by the Secretary. The Secretary
is further authorized to provide locality-based comparability
payments (stated as a percentage) up to the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304
of title 5, United States Code if such personnel’s official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same basis
as that provided under subchapter I of chapter 63 of title
5, United States Code, or section 903 of the Foreign Service
Act of 1980, to individuals serving in the Foreign Service.
SEC. 214. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health (‘‘Director’’)
may use funds available under section 402(b)(7) or 402(b)(12) of
the Public Health Service Act (‘‘PHS Act’’) to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry
out research identified pursuant to such section 402(b)(7) (pertaining to the Common Fund) or research and activities described
in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

42 USC 294o
note.

(TRANSFER OF FUNDS)

SEC. 218. Of the amounts made available for the National
Institutes of Health, 1 percent of the amount made available for
National Research Service Awards (‘‘NRSA’’) shall be made available to the Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the Public Health Service
Act, and 1 percent of the amount made available for NRSA shall
be made available to the Director of the Agency for Healthcare
Research and Quality to make NRSA awards for health service
research.
SEC. 219. By May 1, 2010, the Secretary of the Department
of Health and Human Services shall amend regulations at 42 CFR
Part 50 Subpart F for the purpose of strengthening Federal and
institutional oversight and identifying enhancements, including
requirements for financial disclosure to institutions, governing
financial conflicts of interest among extramural investigators
receiving grant support from the National Institutes of Health.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2010’’.
TITLE III

Department of
Education
Appropriations
Act, 2010.

DEPARTMENT OF EDUCATION

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EDUCATION

FOR THE

Deadline.
Regulations.

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

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123 STAT. 3260

PUBLIC LAW 111–117—DEC. 16, 2009

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 educationalagency-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,

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PUBLIC LAW 111–117—DEC. 16, 2009

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 researchbased methods of improving classroom instruction and practice.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,276,183,000, of which
$1,138,000,000 shall be for basic support payments under section
8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction
under section 8007(a), $67,208,000 shall be for Federal property
payments under section 8002, and $4,864,000, to remain available
until expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under section
8003(a) for school year 2009–2010, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 8003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.

Eligibility.

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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

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123 STAT. 3262

PUBLIC LAW 111–117—DEC. 16, 2009

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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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, highperformance 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 performancebased compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide
educators with incentives to take on additional responsibilities and
leadership roles: Provided further, That recipients of such grants
shall demonstrate that such performance-based systems are developed with the input of teachers and school leaders in the schools
and local educational agencies to be served by the grant: Provided
further, That recipients of such grants may use such funds to
develop or improve systems and tools (which may be developed
and used for the entire local educational agency or only for schools
served under the grant) that would enhance the quality and success
of the compensation system, such as high-quality teacher evaluations and tools to measure growth in student achievement: Provided
further, That applications for such grants shall include a plan
to sustain financially the activities conducted and systems developed
under the grant once the grant period has expired: Provided further,
That up to 5 percent of such funds for competitive grants shall
be available for technical assistance, training, peer review of
applications, program outreach and evaluation activities: Provided
further, That of the funds available for part B of title V of the

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Financial plan.

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123 STAT. 3264

Reports.

Plan.

PUBLIC LAW 111–117—DEC. 16, 2009

ESEA, the Secretary shall use up to $23,082,000 to carry out
activities under section 5205(b) and under subpart 2: Provided
further, That of the funds available for subpart 1 of part B of
title V of the ESEA, and notwithstanding section 5205(a), the
Secretary may reserve up to $50,000,000 to make multiple awards
to non-profit charter management organizations and other entities
that are not for-profit entities for the replication and expansion
of successful charter school models and shall reserve $10,000,000
to carry out the activities described in section 5205(a), including
by providing technical assistance to authorized public chartering
agencies in order to increase the number of high-performing charter
schools: Provided further, That the funds referenced in the preceding
proviso shall not be obligated prior to submission of a report to
the Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds: Provided
further, That each application submitted pursuant to section 5203(a)
shall describe a plan to monitor and hold accountable authorized
public chartering agencies through such activities as providing technical assistance or establishing a professional development program,
which may include planning, training and systems development
for staff of authorized public chartering agencies to improve the
capacity of such agencies in the State to authorize, monitor, and
hold accountable charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall contain
assurances that State law, regulations, or other policies require
that: (1) each authorized charter school in the State operate under
a legally binding charter or performance contract between itself
and the school’s authorized public chartering agency that describes
the obligations and responsibilities of the school and the public
chartering agency; conduct annual, timely, and independent audits
of the school’s financial statements that are filed with the school’s
authorized public chartering agency; and demonstrate improved
student academic achievement; and (2) authorized public chartering
agencies use increases in student academic achievement for all
groups of students described in section 1111(b)(2)(C)(v) of the ESEA
as the most important factor when determining to renew or revoke
a school’s charter: Provided further, That from the funds for subpart
1 of part D of title V of the ESEA, $12,000,000 shall be for competitive awards to local educational agencies located in counties in
Louisiana, Mississippi, and Texas that were designated by the
Federal Emergency Management Agency as counties eligible for
individual assistance due to damage caused by Hurricanes Katrina,
Ike, or Gustav: Provided further, That such awards shall be used
to improve education in areas affected by such hurricanes and
shall be for such activities as replacing instructional materials
and equipment; paying teacher incentives; modernizing or renovating or repairing school buildings; beginning or expanding
Advanced Placement or other rigorous courses; supporting the
expansion of charter schools; and supporting after-school or
extended learning time activities.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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.

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123 STAT. 3266

PUBLIC LAW 111–117—DEC. 16, 2009
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.

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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,

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(INCLUDING DEFERRAL OF FUNDS)

For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965,
$19,296,809,000, which shall remain available through September
30, 2011.
The maximum Pell Grant for which a student shall be eligible
during award year 2010–2011 shall be $4,860.
Of the funds made available under section 401A(e)(1)(D) of
the Higher Education Act of 1965, $561,000,000 shall not be available until October 1, 2010.

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20 USC 1070a
note.

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123 STAT. 3268

PUBLIC LAW 111–117—DEC. 16, 2009
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

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Designation.
Notice.
Federal Register,
publication.

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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 multiyear award under section 316 of the HEA, as that section was
in effect prior to the date of enactment of the Higher Education
Opportunity Act (‘‘HEOA’’), that would have otherwise received
a continuation award for fiscal year 2010 under that section, shall
receive under section 316, as amended by the HEOA, not less
than the amount that such recipient would have received under
such a continuation award: Provided further, That the portion of
the funds received under section 316 by a recipient described in
the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such
continuation award: Provided further, That $1,500,000, to remain
available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce
for industrial health and safety occupations, including mine safety:
Provided further, That the Secretary of Education shall identify
these scholarships as ‘‘Erma Byrd Scholarships’’: Provided further,
That such scholarships shall be awarded without regard to an
applicant’s prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and
5 U.S.C. 553, by notice in the Federal Register, establish the eligibility requirements, service obligations, payback requirements, and

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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

ACADEMIC FACILITIES LOANS PROGRAM

AND

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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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
Racial
desegregation.

Voluntary
prayer.
Meditation.

SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 305. The Outlying Areas may consolidate funds received
under this Act, pursuant to 48 U.S.C. 1469a, under part A of
title V of the Elementary and Secondary Education Act.
SEC. 306. None of the funds made available in the sixth proviso
under the heading ‘‘Innovation and Improvement’’ in this Act shall
be made available for new awards under the Teacher Incentive
Fund prior to the submission of an impact evaluation plan to
the Committees on Appropriations of the House of Representatives
and the Senate.
SEC. 307. Section 14007 of division A of the American Recovery
and Reinvestment Act of 2009 is amended—
(1) by amending subsection (a)(3) to read as follows:
‘‘(3) PURPOSE OF AWARDS.—The Secretary shall make
awards to eligible entities in order to identify, document, and
bring to scale innovative best practices based on demonstrated
success, to allow such eligible entities to—
‘‘(A) expand their work and serve as models for best
practices; and
‘‘(B) work in partnership with the private sector and
the philanthropic community.’’;
(2) in subsection (b)—
(A) by redesignating paragraphs (1) through (4) as
paragraphs (1)(A), (1)(B), (2), and (3), respectively;
(B) in paragraph (1)(A), as so redesignated, by inserting
‘‘or’’ after the semicolon;
(C) by amending paragraph (1)(B), as so redesignated,
to read as follows:
‘‘(B) have demonstrated success in significantly increasing
student academic achievement for all groups of students
described in such section;’’; and
(D) in paragraph (3), as so redesignated, by striking
‘‘they have established partnerships’’ and inserting ‘‘it has
established one or more partnerships’’;
(3) in subsection (c), by striking ‘‘paragraphs’’ and all that
follows through ‘‘such requirements’’ and inserting ‘‘paragraphs
(1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit
organization has a record of significantly improving student
achievement, attainment, or retention and shall be considered
to have met the requirements of subsection (b)(3) if it demonstrates that it will meet the requirement relating to privatesector 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.’’.

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Notification.
Deadline.

Evaluation plan.

Ante, p. 284.

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123 STAT. 3272

121 Stat. 2199.
Applicability.
48 USC 1921d
note.
Ante, p. 284.

PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 308. Section 307 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2008 is amended by striking ‘‘and 2009’’ each place
the term occurs and inserting ‘‘through 2011’’.
SEC. 309. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix))
shall be applied by substituting ‘‘2010’’ for ‘‘2009’’.
SEC. 310. Section 14006(c) of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘Each State’’;
and
(2) by adding a new paragraph (2) at the end to read
as follows:
‘‘(2) EXCEPTION.—Paragraph (1) does not apply to grants
made by the Secretary to consortia of States to develop academic assessments that are aligned with academic standards.’’.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2010’’.
TITLE IV
RELATED AGENCIES
COMMITTEE

FOR

PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED

OR

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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ADMINISTRATIVE PROVISIONS

SEC. 401. The Corporation for National and Community Service
(‘‘the Corporation’’) shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2010, during any grant
selection process, an officer or employee of the Corporation shall
not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person other
than an officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall

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Notice.
Public comment.

Requirements.
42 USC 12571
note.

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123 STAT. 3274

PUBLIC LAW 111–117—DEC. 16, 2009

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

Political test.

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Deadline.

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FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting (‘‘Corporation’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2012, $445,000,000: Provided, That
none of the funds made available to the Corporation by this Act
shall be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided further, That none of the funds made available to the Corporation
by this Act shall be available or used to aid or support any program
or activity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the funds
made available to the Corporation by this Act shall be used to
apply any political test or qualification in selecting, appointing,
promoting, or taking any other personnel action with respect to
officers, agents, and employees of the Corporation: Provided further,
That none of the funds made available to the Corporation by this
Act shall be used to support the Television Future Fund or any
similar purpose. In addition, for payment to the Corporation for
fiscal year 2010, $86,000,000 as follows:
(1) $25,000,000 shall be for fiscal stabilization grants to
public radio and television licensees, with no deduction for
administrative or other costs of the Corporation, to maintain
local programming and services and preserve jobs threatened
by declines in non-Federal revenues due to the downturn in
the economy, to be awarded no later than 45 days after enactment of this Act;
(2) $36,000,000 shall be for costs related to digital program
production, development, and distribution associated with the
transition of public broadcasting to digital broadcasting, to
be awarded as determined by the Corporation in consultation
with public radio and television licensees or permittees, or
their designated representatives; and
(3) $25,000,000 is available pursuant to section 396(k)(10)
of the Communications Act of 1934 for replacement and upgrade
of the public radio interconnection system.

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PUBLIC LAW 111–117—DEC. 16, 2009
FEDERAL MEDIATION

AND

123 STAT. 3275

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 LaborManagement 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

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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.

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123 STAT. 3276

PUBLIC LAW 111–117—DEC. 16, 2009
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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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

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123 STAT. 3278

Reports.

PUBLIC LAW 111–117—DEC. 16, 2009

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $2,300,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal
year 2010 not needed for fiscal year 2010 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or
support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with interest,
from amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
From funds provided under the first paragraph, not less than
$273,000,000 shall be available for the cost associated with conducting continuing disability reviews under titles II and XVI of
the Social Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act.
In addition to the amounts made available above, and subject
to the same terms and conditions, $485,000,000, for additional
continuing disability reviews and redeterminations of eligibility,
of which, upon a determination by the Office of the Chief Actuary
that such initiative would be at least as cost effective as redeterminations of eligibility, up to $34,000,000 shall be available for
one or more initiatives to improve asset verification: Provided,
That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure
of these additional amounts, similar to the reports that were
required by section 103(d)(2) of Public Law 104–121 for fiscal years
1996 through 2002.
In addition, $160,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2010 exceed $160,000,000, the amounts shall be
available in fiscal year 2011 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL

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(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

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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 notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate.

Notice.

TITLE V

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GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $22,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and expenses’’.
SEC. 505. None of the funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that
has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
SEC. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal

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Lobbying.

Needle
distribution.

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123 STAT. 3280

Abortion.

Definition.

Abortion.

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Human embryos.

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PUBLIC LAW 111–117—DEC. 16, 2009

money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 507. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 509. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses

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PUBLIC LAW 111–117—DEC. 16, 2009

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) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act, as amended by the Children’s Internet Protection
Act and the No Child Left Behind Act, unless the local educational
agency with responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
SEC. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded

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Definition.

Drugs and drug
abuse.

Health and
health care.

Contracts.

Reports.

Certifications.

Certifications.

Notifications.
Deadlines.

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123 STAT. 3282

Political
disclosures.

Scientific
information.

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Deadline.
Operating plan.

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PUBLIC LAW 111–117—DEC. 16, 2009

by this Act that remain available for obligation or expenditure
in fiscal year 2010, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
SEC. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is deliberately false
or misleading.
SEC. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2010 that are different
than those specified in this Act, the accompanying detailed table
in the statement of the managers on the conference report accompanying this Act, or the fiscal year 2010 budget request.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3283

SEC. 519. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2010, but not to include grants awarded
on a formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for issuing the
award on a non-competitive basis. Such report shall be transmitted
to the Committees within 30 days after the end of the quarter
for which the report is submitted.
SEC. 520. Section 8103(b) of Public Law 110–28 is amended—
(1) in paragraph (1)(B), by inserting before the semicolon
the following: ‘‘, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30’’; and
(2) in paragraph (2)(C), by inserting before the period the
following: ‘‘, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30’’.
SEC. 521. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 522. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 523. None of the funds made available in this Act may
be used in contravention of title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611
et seq.).
SEC. 524. (a) IN GENERAL.—Strike subparagraphs (B) and (C)
that appear within section 426(b) of division J of the Consolidated
Appropriations Act, 2005 (Public Law 108–447) and insert the following:
‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third
of the amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the Secretary
of Homeland Security until expended for programs and
activities to prevent and detect immigration benefit fraud,
including fraud with respect to petitions filed under paragraph (1) or (2)(A) of section 214(c) to grant an alien
nonimmigrant status described in subparagraph (H) or (L)
of section 101(a)(15).
‘‘(C) SECRETARY OF LABOR.—One-third of the amounts
deposited into the Fraud Prevention and Detection Account

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Reports.

Deadline.

29 USC 206 note.

Claims.

Mexico.

8 USC 1356.

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123 STAT. 3284

8 USC 1356 note.

Earmarks.

Contracts.
Certification.

Military
Construction and
Veterans Affairs
and Related
Agencies
Appropriations
Act, 2010.

PUBLIC LAW 111–117—DEC. 16, 2009

shall remain available to the Secretary of Labor until
expended for wage and hour enforcement programs and
activities otherwise authorized to be conducted by the Secretary of Labor that focus on industries likely to employ
nonimmigrants, including enforcement programs and
activities described in section 212(n) and enforcement programs and activities related to section 214(c)(14)(A)(i).’’
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 525. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301–10.124 of title 41,
Code of Federal Regulations.
SEC. 526. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–220) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules
of the House of Representatives, when intended to be awarded
to a for-profit entity, shall be awarded under a full and open
competition.
SEC. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2010’’.
DIVISION E—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT,
2010
TITLE I
DEPARTMENT OF DEFENSE

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MILITARY CONSTRUCTION, ARMY

Determination.
Notification.

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For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $3,719,419,000, to remain
available until September 30, 2014, of which $350,000,000 shall
be for trainee troop housing facilities: Provided, That of this amount,

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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

Deadline.
Expenditure
plan.

MARINE CORPS

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $3,769,003,000, to remain available until September 30, 2014: Provided, That of this amount,
not to exceed $179,652,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Navy and Marine Corps’’ and under the headings ‘‘Navy’’
in the table entitled ‘‘Military Construction’’ in the explanatory
statement of managers to accompany this Act.

Determination.
Notification.

MILITARY CONSTRUCTION, AIR FORCE

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(INCLUDING RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,450,426,000, to remain available until September 30,
2014: Provided, That of this amount, not to exceed $103,562,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ‘‘Military Construction, Air
Force’’ and under the headings ‘‘Air Force’’ in the table entitled
‘‘Military Construction’’ in the explanatory statement of managers

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Determination.
Notification.

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123 STAT. 3286

PUBLIC LAW 111–117—DEC. 16, 2009

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)

Determination.
Notification.

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $3,093,679,000, to remain available until September
30, 2014: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appropriated, not to exceed $131,942,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
appropriated, notwithstanding any other provision of law, not to
exceed $41,400,000 shall be available for payments to the North
Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters:
Provided further, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts, specified
under the heading ‘‘Military Construction, Defense-Wide’’ and under
the headings ‘‘Defense-Wide’’ in the table entitled ‘‘Military
Construction’’ in the explanatory statement of managers to accompany this Act: Provided further, That of the funds appropriated
for ‘‘Military Construction, Defense-Wide’’ under Public Law 110–
329, $151,160,000 are hereby rescinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

Determination.
Notification.

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Deadline.
Expenditure
plan.

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For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $582,056,000, to remain available
until September 30, 2014, of which $30,000,000 shall be for critical
unfunded requirements: Provided, That of the amount appropriated,
not to exceed $47,429,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided further, That,
not later than 30 days after the date of the enactment of this
Act, the Director of the Army National Guard shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for critical unfunded

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PUBLIC LAW 111–117—DEC. 16, 2009

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: Provided, That of the amount appropriated,
not to exceed $20,021,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided further, That,
not later than 30 days after the date of the enactment of this
Act, the Director of the Air National Guard shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for critical unfunded
requirements: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ‘‘Military Construction,
Air National Guard’’ and under the headings ‘‘Air National Guard’’
in the table entitled ‘‘Military Construction’’ in the explanatory
statement of managers to accompany this Act.

Determination.
Notification.

Deadline.
Expenditure
plan.

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MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$431,566,000, to remain available until September 30, 2014, of
which $30,000,000 shall be for critical unfunded requirements: Provided, That of the amount appropriated, not to exceed $22,716,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That, not later than 30 days after the
date of the enactment of this Act, the Chief of Army Reserve
shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for the funds provided for critical
unfunded requirements: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Army Reserve’’ and under the headings ‘‘Army Reserve’’ in
the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act.

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Determination.
Notification.

Deadline.
Expenditure
plan.

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123 STAT. 3288

PUBLIC LAW 111–117—DEC. 16, 2009
MILITARY CONSTRUCTION, NAVY RESERVE

Determination.
Notification.

Deadline.
Expenditure
plan.

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $125,874,000, to remain available
until September 30, 2014, of which $20,000,000 shall be for critical
unfunded requirements of the Navy Reserve and $35,000,000 shall
be for critical unfunded requirements of the Marine Forces Reserve:
Provided, That of the amount appropriated, not to exceed $2,951,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Navy determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That, not later than 30 days after the
date of the enactment of this Act, the Chief of Navy Reserve
and the Commander, Marine Forces Reserve shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for critical unfunded
requirements: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ‘‘Military Construction,
Navy Reserve’’ and under the headings ‘‘Navy Reserve’’ in the
table entitled ‘‘Military Construction’’ in the explanatory statement
of managers to accompany this Act.
MILITARY CONSTRUCTION, AIR FORCE RESERVE

Determination.
Notification.

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Deadline.
Expenditure
plan.

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For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$112,269,000, to remain available until September 30, 2014, of
which $55,000,000 shall be for critical unfunded requirements: Provided, That of the amount appropriated, not to exceed $3,869,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That, not later than 30 days after the
date of the enactment of this Act, the Chief of Air Force Reserve
shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for the funds provided for critical
unfunded requirements: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Air Force Reserve’’ and under the headings ‘‘Air Force Reserve’’
in the table entitled ‘‘Military Construction’’ in the explanatory
statement of managers to accompany this Act.

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PUBLIC LAW 111–117—DEC. 16, 2009

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
MARINE CORPS

AND

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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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

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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 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.

Notification.
Deadline.

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ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.

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123 STAT. 3292

Notification.

Steel.

Notification.

Contracts.
Japan.

Contracts.
Kwajalein Atoll.

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Notification.
Military exercise.
Deadline.

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PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available
in this title which are limited for obligation during the current
fiscal year shall be obligated during the last two months of the
fiscal year.
SEC. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.

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PUBLIC LAW 111–117—DEC. 16, 2009

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) The Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each
year, an annual report in unclassified and, if necessary, classified
form, on actions taken by the Department of Defense and the
Department of State during the previous fiscal year to encourage
host countries to assume a greater share of the common defense
burden of such countries and the United States.
(b) The report under subsection (a) shall include a description
of—
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ‘‘host country’’ means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.

Deadline.
Reports.
Classified
information.
22 USC 1928
note.

Definition.

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(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

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123 STAT. 3294

PUBLIC LAW 111–117—DEC. 16, 2009

with, and to be available for the same purposes and the same
time period as that account.
(INCLUDING TRANSFER OF FUNDS)

Deadlines.
Notifications.

Deadline.
Contracts.
Notice.

SEC. 120. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883, of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing
the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress
the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under
the contract involved in the event of—
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such installation; or
(C) the extended deployment overseas of units stationed
at such installation.
(2) Each notice under this subsection shall specify the nature
of the guarantee involved and assess the extent and likelihood,
if any, of the liability of the Federal Government with respect
to the guarantee.

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(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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.

10 USC 2821
note.

Deadlines.
Notifications.

Reports.
Deadline.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 125. None of the funds made available in this title, or
in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to
carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function
that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), unless such a project at a military installation approved
for realignment will support a continuing mission or function at
that installation or a new mission or function that is planned
for that installation, or unless the Secretary of Defense certifies
that the cost to the United States of carrying out such project
would be less than the cost to the United States of cancelling
such project, or if the project is at an active component base that
shall be established as an enclave or in the case of projects having
multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary
of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval
of the Committees on Appropriations of both Houses of Congress.
This section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is
vital to the national security or the protection of health, safety,

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123 STAT. 3296

PUBLIC LAW 111–117—DEC. 16, 2009

or environmental quality: Provided, That the Secretary of Defense
shall notify the congressional defense committees within seven days
of a decision to carry out such a military construction project.

Notification.
Deadline.

(INCLUDING TRANSFER OF FUNDS)

Time period.
Determination.

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Colorado.

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SEC. 126. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
SEC. 127. None of the funds appropriated or otherwise made
available in this title may be used for any action that is related
to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
SEC. 128. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement of managers to accompany this Act and
in the guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of December
1996, as in effect on the date of enactment of this Act.
SEC. 129. Of the funds made available in this title, the following
accounts are hereby reduced in the following amounts to reflect
adjusted inflation and bid savings projections: ‘‘Military Construction, Army’’, $230,000,000; ‘‘Military Construction, Navy and Marine
Corps’’, $235,000,000; and ‘‘Military Construction, Air Force’’,
$64,091,000.
SEC. 130. Of the funds made available under the following
headings in Public Law 110–329, the following amounts associated
with unobligated balances are hereby rescinded: ‘‘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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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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.

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123 STAT. 3298

PUBLIC LAW 111–117—DEC. 16, 2009
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

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(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,

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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: 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 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.

Priorities.

Priorities.

Drugs and drug
abuse.
Requirements.

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.

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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

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123 STAT. 3300

PUBLIC LAW 111–117—DEC. 16, 2009

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

Determination.

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, 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.

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INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and
telecommunications support, including developmental information

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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: 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, 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.

Expenditure
plan.

Deadline.
Submission.

Certification.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the
include information technology, in
the Inspector General Act of 1978
of which $6,000,000 shall remain
2011.

Office of Inspector General, to
carrying out the provisions of
(5 U.S.C. App.), $109,000,000,
available until September 30,

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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,

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123 STAT. 3302

Contracts.
Deadlines.

Reports.

PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Time period.

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(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: 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.

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123 STAT. 3304

PUBLIC LAW 111–117—DEC. 16, 2009

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)

Reimbursement.

Determination.

SEC. 208. Notwithstanding 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 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.

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Contracts.
Reports.
Deadline.

(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.

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(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.

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123 STAT. 3306
Native
Americans.

Requirements.
Regulations.
Definition.

PUBLIC LAW 111–117—DEC. 16, 2009

SEC. 216. The 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 Secretary shall require participating veterans
and facilities to comply with all appropriate rules and regulations,
as established by the Secretary. 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 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.

Reports.
Deadlines.

(INCLUDING TRANSFER OF FUNDS)

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Time period.

Determination.

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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 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 a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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
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 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:

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Notification.

Waiver authority.
Notice.
Waiver authority.
Notice.

Effective date.
Federal buildings
and facilities.
Illinois.

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123 STAT. 3308

Effective date.
Federal buildings
and facilities.
Kentucky.

PUBLIC LAW 111–117—DEC. 16, 2009

‘‘(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) 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.

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FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Virginia.

ARMED FORCES RETIREMENT HOME
TRUST FUND

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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.

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123 STAT. 3310

PUBLIC LAW 111–117—DEC. 16, 2009
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

Pay raises.

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Lobbying.

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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 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 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.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3311

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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 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 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) 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 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 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’’.

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Submissions.

Contracts.
Wisconsin.

Web posting.
Public
information.
Reports.

Time period.

ACORN.

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123 STAT. 3312
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2010.

PUBLIC LAW 111–117—DEC. 16, 2009

DIVISION F—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)

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Strategy.

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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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Deadline.
Reports.

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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

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123 STAT. 3314

President.
Transfer
authority.
Notification.

Reports.
Memorandum.

Deadline.
Spending plan.

PUBLIC LAW 111–117—DEC. 16, 2009

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: 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, 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 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.

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REPRESENTATION ALLOWANCES

For representation allowances as authorized, $8,175,000.

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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.

Deadline.
Submission.

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

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(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

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123 STAT. 3316

PUBLIC LAW 111–117—DEC. 16, 2009

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

22 USC 269a
note.

Budget.
United Nations.

Notification.
Deadline.
United Nations.

For 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: 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, 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

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Deadline.
Notification.
Human
trafficking.

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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, 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Determination.

INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:

22 USC 269a
note.

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.

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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

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123 STAT. 3318

PUBLIC LAW 111–117—DEC. 16, 2009

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

Extension date.
22 USC 6206
note.
Deadline.
Reports.

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Notification.
Deadline.

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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 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: 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 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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 EasternWestern 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 Nonprofit 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.

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EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange

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123 STAT. 3320

PUBLIC LAW 111–117—DEC. 16, 2009

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

Deadline.
Reports.

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 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
ABROAD

OF

AMERICA’S HERITAGE

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

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA

ON THE

123 STAT. 3321

PEOPLE’S

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: 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 308(e) of the United StatesChina 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 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: 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.

Deadline.
Reports.

Applicability.

Compliance.

Compliance.

TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

OPERATING EXPENSES

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(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 the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this Act

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Reports.
Deadline.

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123 STAT. 3322

PUBLIC LAW 111–117—DEC. 16, 2009

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: 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: 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.

Strategy.

Notification.

CIVILIAN STABILIZATION INITIATIVE

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Deadline.
Spending plan.

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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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Notification.

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

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(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 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

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HIV/AIDS.

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123 STAT. 3324

President.
Determination.
Abortion.
Sterilization.

Deadline.

Abortion.

Lobbying.
Abortion.

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Family planning.
Requirements.
Deadline.
Determination.
Reports.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 contribution 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 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 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, That none of the funds
made available under this Act may be used to lobby for or against
abortion: Provided further, That 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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, 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 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.

Grants.
Nondiscrimination.
Compliance.

Condoms.

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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

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123 STAT. 3326

PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Strategy.

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

Reports.
Deadline.

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Determination.

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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 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 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:

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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 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.

Notification.
Deadline.

Waiver authority.
Notification.
Deadline.

DEVELOPMENT CREDIT AUTHORITY

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(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 Act of 1974, as amended: Provided further, That funds
made available by this paragraph may be used for the cost of

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123 STAT. 3328

Applicability.
Loans.

PUBLIC LAW 111–117—DEC. 16, 2009

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 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

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(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

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3329

assistance: Provided further, That funds appropriated 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 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 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 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.

Pakistan.

Afghanistan.
Pakistan.
Certification.

Notification.
Waiver authority.

Notification.
Deadline.

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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

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123 STAT. 3330

PUBLIC LAW 111–117—DEC. 16, 2009

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

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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(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 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 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 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 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.

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Abortion.

Notification.
Waiver authority.

Deadline.
Spending plan.
Deadline.
Reports.

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123 STAT. 3332

PUBLIC LAW 111–117—DEC. 16, 2009
MILLENNIUM CHALLENGE CORPORATION
(INCLUDING TRANSFER OF FUNDS)

Applicability.

Notification.
Deadline.

Notification.

Applicability.

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Candidacy
status.

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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 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 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 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 terms and conditions of section 1105(c) of Public Law 111–32 shall apply to funds
appropriated under this heading: Provided further, That 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 InterAmerican 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 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 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

Waiver authority.

Reports.

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.

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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

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123 STAT. 3334

Human rights.

Consultation.

Notification.
Deadline.

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Sudan.
Burma.
Determination.
Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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: 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: 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 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.

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3335

TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

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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: 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: 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: 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): 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: 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: 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 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.

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Notification.

Deadline.
Reports.

Notification.

Afghanistan.
Determination.
Reports.

Consultation.

Colombia.

Bolivia.
Determination.
Reports.
Human rights.

PUBL117

123 STAT. 3336

PUBLIC LAW 111–117—DEC. 16, 2009
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

Notification.

Determination.
Israel.

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 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: 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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

Notification.

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary 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: 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.

Notification.

Foreign
countries.
Notification.

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FOREIGN MILITARY FINANCING PROGRAM

For necessary 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 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: 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

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Notification.

Israel.
Deadline.

Egypt.
Deadline.

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Notification.

Notification.

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Foreign
countries.
Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: 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

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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: 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: 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.

Notification.

Notification.

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.

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CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For contributions to the multilateral Clean Technology Fund,
$300,000,000, to remain available until expended.

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123 STAT. 3340

PUBLIC LAW 111–117—DEC. 16, 2009
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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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.

Termination
date.
12 USC 635 note.

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: 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.

Notification.

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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: 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.

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Termination
date.
12 USC 635a
note.

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PUBLIC LAW 111–117—DEC. 16, 2009
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

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Notification.

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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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Contracts.

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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,

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123 STAT. 3344

Consultation.
Notification.

PUBLIC LAW 111–117—DEC. 16, 2009

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 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

Applicability.

Consultation.

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 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 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.

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009

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´ TAT
COUPS D’E
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: 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: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the Committees
on Appropriations.

President.
Determination.
Certification.

Notification.

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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: 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.

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Notification.

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123 STAT. 3346
Notification.

President.
Deadline.
Consultation.
Policy
justification.

PUBLIC LAW 111–117—DEC. 16, 2009

(3) Any 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 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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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 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.

President.
Determination.
Consultation.

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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.—

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123 STAT. 3348

PUBLIC LAW 111–117—DEC. 16, 2009

(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 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 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.

Consultation.
Deadline.

Regulations.

RESERVATIONS OF FUNDS

Notification.

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Determination.
Reports.

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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: 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 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.

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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.

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REPROGRAMMING NOTIFICATION REQUIREMENTS

SEC. 7015. (a) 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

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123 STAT. 3350

President.

Waiver authority.

Deadline.

Explanation.

Foreign
countries.

PUBLIC LAW 111–117—DEC. 16, 2009

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: 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 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 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 notification provided pursuant to such a waiver
shall contain an explanation of the emergency circumstances.
(f) None 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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Notification.

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 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.

President.
Certification.

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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’’.

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123 STAT. 3352

PUBLIC LAW 111–117—DEC. 16, 2009

‘‘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 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 requirements contained in subsection (a) shall apply
to the tables under the headings ‘‘Bilateral Economic Assistance’’
and ‘‘General Provisions’’ in the joint explanatory statement.

Notification.

Applicability.

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

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President.
Determination.

Termination
date.
Applicability.

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SEC. 7021. (a) 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 the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal military

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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 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.

Reports.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 7022. (a) 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 President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver: 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.

President.
Determination.

Waiver authority.
Determination.
Federal Register,
publication.
Deadline.
Notification.

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)).

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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7024. For 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

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Reports.
Deadline.

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PUBLIC LAW 111–117—DEC. 16, 2009

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

Reports.

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: 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

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Notification.

22 USC 262h
note.

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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 ExportImport 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: 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 Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association,

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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.

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SEPARATE ACCOUNTS

SEC. 7027. (a) 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

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22 USC 2362
note.

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123 STAT. 3356

PUBLIC LAW 111–117—DEC. 16, 2009
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 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.

Deadline.
President.

ELIGIBILITY FOR ASSISTANCE

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President.
Notification.

Abortion.
Sterilization.

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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’’: 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: Provided further, That nothing in
this subsection shall be construed to alter any existing statutory

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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.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

Notification.

SEC. 7031. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-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

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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

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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 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, 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-fornature 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’’.

President.

Notification.
President.
Determination.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

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Notification.

SEC. 7034. (a) 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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.—
(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 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: 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 for the purposes of this subsection the term

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President.
Determination.
Certification.

Ante, p. 877.

Consultation.

Definition.

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Notification.

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Contracts.
Grants.
Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009

‘‘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 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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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: 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 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), is amended by striking ‘‘resolution numbered 54–4’’ and inserting ‘‘resolution numbered 52–
4’’.
(B) The amendment made by subparagraph (A) shall take
effect as if included in the enactment of section 1402 of Public
Law 111–32.
(2) Section 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 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 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

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Termination
date.

Applicability.

Consultation.
Deadline.
Notification.

Deadline.

Ante, p. 1918.

Effective date.
22 USC 286ss
note.
22 USC 2222.

Termination
date.
22 USC 4831
note.
Implementation.

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PUBLIC LAW 111–117—DEC. 16, 2009

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) is amended by adding ‘‘, as
amended’’ after ‘‘signed at The Hague, October 5, 1994’’.

18 USC 3181
note.

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

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Determination.
Certification.

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SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of 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

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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 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’’).

President.
Determination.

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.

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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.

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PUBLIC LAW 111–117—DEC. 16, 2009
ASSISTANCE FOR THE WEST BANK AND GAZA

Deadline.
Certification.
Procedures.

Terrorism.

Procedures.
Determination.

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Reports.

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SEC. 7039. (a) OVERSIGHT.—For fiscal 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 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 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 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 nonFederal 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.

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(e) Subsequent 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 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 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.

Audit.
Investigation.

Notification.

Deadline.
Reports.

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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 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 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 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.—

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Certification.

President.

Reports.

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PUBLIC LAW 111–117—DEC. 16, 2009
(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 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 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.

President.
Certification.
Reports.

Reports.
Deadline.

SAUDI ARABIA

Waiver authority.
Determination.

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 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 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.

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Consultation.
Notification.

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(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 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 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 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 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 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.

Applicability.

Base rights.

Spending plan.

Applicability.

Applicability.

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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

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Determination.
Reports.
Exemption.

President.
Waiver authority.
Determination.
Reports.

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Deadline.
Reports.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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 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

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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.

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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 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 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 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 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

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Applicability.
Determination.

Notification.

Applicability.

Deadline.
Reports.

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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

Reports.

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Deadline.

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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 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 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

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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 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: 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.

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Certification.

Certification.

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Deadline.
Reports.
Passport cards.

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PUBLIC LAW 111–117—DEC. 16, 2009

(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, anticorruption, 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 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.

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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 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 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 such funds may not be made available

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President.
Helicopters.

Certification.

Certification.

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Certification.

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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 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 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

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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 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 funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.

President.
Determination.

Notification.

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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

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PUBLIC LAW 111–117—DEC. 16, 2009

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

Reports.
Deadlines.

SEC. 7052. The 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

Reports.

Definition.

SEC. 7053. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees 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: 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

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SEC. 7055. (a) 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

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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 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 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 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 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.

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Waiver authority.
Effective date.
Determinations.

Deadline.
Reports.

Definitions.

Time period.

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123 STAT. 3380

PUBLIC LAW 111–117—DEC. 16, 2009
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)

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SEC. 7059. (a) 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.—

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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 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

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Expiration date.

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123 STAT. 3382

Assignment.

Expiration date.
Notification.

PUBLIC LAW 111–117—DEC. 16, 2009

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: 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 the authority contained in this subsection shall
expire on September 30, 2011.
(m) RECRUITMENT STRATEGY.—Funds made 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

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HIV/AIDS.

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SEC. 7060. Funds 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

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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.

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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 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.

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22 USC 2651a
note.

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PUBLIC LAW 111–117—DEC. 16, 2009

(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

Consultation.

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: 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.

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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.

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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
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, Coˆte 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 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

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AND

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Human rights.

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Reports.

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Certification.

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provides such determination in writing to the Committees
on Appropriations; and
(B) submits 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, Coˆte 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 (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 governmentsupported 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

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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 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 that the provision of such items is
in the national interest of the United States; and
(B) not later than 15 days before the provision of
any such assistance, notifies the Committees on Appropriations of such determination.
(g) SOUTHERN SUDAN.—The Secretary 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: 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 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

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Definition.

Determination.
Deadline.
Notification.
Audits.
Public
information.

Reports.
Deadline.

Determination.
Reports.

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123 STAT. 3388

Waiver authority.
President.
Reports.

22 USC 2151
note.
Loans.
Determination.
Reports.

PUBLIC LAW 111–117—DEC. 16, 2009
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 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 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.—
(1) The 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).

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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 Secretary of the Treasury shall instruct the United
States executive director to each appropriate international

Loans.
50 USC 1701
note.

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PUBLIC LAW 111–117—DEC. 16, 2009

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: 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 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 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 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 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—

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Thailand.

Notification.

Certification.

Reports.

Certification.

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123 STAT. 3390

Refugees.

Energy.

Notification.

Deadline.
Reports.
Determination.

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Reports.

Export and
imports.
Deadline.
Notification.

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PUBLIC LAW 111–117—DEC. 16, 2009
(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 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 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 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 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: 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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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 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 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.

Applicability.
People’s
Liberation Army.

Notification.

Reports.

Dioxin.

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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 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 with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,

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Determination.
Certification.
Ratko Mladic.

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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

President.
Determination.

Notification.

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Determination.
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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: 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 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 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;

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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) 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 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.

Time period.
Certification.

Waiver authority.
Determination.

CENTRAL ASIA

SEC. 7075. The 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: 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.

Applicability.

Definition.

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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,

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Applicability.

Applicability.

Applicability.

Certification.

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Reports.

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economic and social well-being, and political status of Afghan
women and girls.
(b) ASSISTANCE FOR WOMEN AND GIRLS.—
(1) The 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) 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.—
(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 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: 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 subprovincial 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

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123 STAT. 3395

a permanent basing rights agreement between the United States
and Afghanistan.
ENTERPRISE FUNDS

SEC. 7077. (a) 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.

President.
Notifications.
Distribution
plan.

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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 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 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.

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Notification.

Abortions.

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PUBLIC LAW 111–117—DEC. 16, 2009
OPIC
(INCLUDING TRANSFER OF FUNDS)

President.
Determination.

Notification.

Deadline.
Guidelines.
Requirements.
22 USC 2191b.

Notice.
Public comment.

Reports.

Termination
date.
22 USC 2194
note.

SEC. 7079. (a) 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: Provided
further, That the exercise of such authority shall be subject to
the regular notification procedures of the Committees on Appropriations.
(b) The 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: 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: 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 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.

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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.

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123 STAT. 3397

(b) Subsection (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 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.

Applicability.

Waiver authority.
Certification.

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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 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

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Public
information.
Web posting.

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Notification.
Determination.
Reports.

Public
information.

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Deadline.
Reports.

22 USC 7909.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 available pursuant to this
section are subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: 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 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 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.—
(1) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
For fiscal year 2010, up to $300,000,000 is authorized to be

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PUBLIC LAW 111–117—DEC. 16, 2009

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.

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123 STAT. 3400

PUBLIC LAW 111–117—DEC. 16, 2009
(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

Notification.
President.
Determination.

SEC. 7083. Notwithstanding 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

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Records.
8 USC 1182 note.

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SEC. 7084. (a) 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.

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123 STAT. 3401

(b) Any individual on the list compiled under subsection (a)
shall be ineligible for admission to the United States.
(c) The 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 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).

Waiver authority.
Determination.

Deadlines.
Reports.
Classified
information.

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INTERNATIONAL PRISON CONDITIONS

SEC. 7085. (a) 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

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Reports.
Public
information.
Web posting.
Determination.

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Designation.

TRANSPARENCY AND ACCOUNTABILITY

Deadline.

Determination.

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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 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 that it is appropriate to delay disclosure; and
(B) posts 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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 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 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 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;

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Deadline.
Reports.

Public
information.
Deadline.

Waiver authority.
Reports.

Reports.

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123 STAT. 3404

PUBLIC LAW 111–117—DEC. 16, 2009
(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

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Notification.

Certification.

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SEC. 7089. (a) IN GENERAL.—Funds appropriated 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 the funds
appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ may be made available for assistance for Sri

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PUBLIC LAW 111–117—DEC. 16, 2009

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) 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).

Certification.

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INTERNATIONAL MONETARY FUND PROVISIONS

SEC. 7090. (a) 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.

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123 STAT. 3406

Expiration date.
Deadlines.
Certification.

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Deadline.
Certification.
Consultation.

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PUBLIC LAW 111–117—DEC. 16, 2009

(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 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 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

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PUBLIC LAW 111–117—DEC. 16, 2009

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 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.

Deadlines.
Reports.

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.

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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 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.

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Determination.
Notification.
Deadline.

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123 STAT. 3408

PUBLIC LAW 111–117—DEC. 16, 2009

This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010’’

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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.

Æ

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