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 123STA T . 32 64PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9ES E A,the Se cr et a r ys ha l l u seu p t o$23 , 08 2,000 to carry out act iv ities u nd er section 5 205 (b) and under subpart 2
 * Provide

d fu r th er, T hat o f the funds available for subpart 1 of part B of title V of the ESEA, and not w ithstandin g section 5205(a), the Secretary m ay reserve up to $50,000,000 to ma k e multiple awards to non - profit charter management organi z ations and other entities that are not for-profit entities for the replication and e x pansion 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 C ommittees on Appropriations of the H ouse of R epresentatives 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 tech- nical 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 re q uire 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 competi- tive awards to local educational agencies located in counties in L ouisiana, M ississippi, and Texas that were designated by the F ederal Emergency Management Agency as counties eligible for individual assistance due to damage caused by Hurricanes K atrina, I ke, or G ustav: 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 ren- ovating or repairing school buildings; beginning or expanding Advanced P lacement or other rigorous courses; supporting the expansion of charter schools; and supporting after-school or extended learning time activities . S AFE S CHO O LS A ND C IT I Z ENSHI P ED U CATION 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 Actof1 96 5, $393,053,000: Provided, That $22 4 ,053,000 shall be Plans.Report s.


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 123STA T . 32 65PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9av a il a b l eforsu b p ar t2 of part A of title IV, of wh i c h $8 ,2 1 2, 0 00 shall be use d for activities authori z edu n der subpart 3 of part D of title V
 * Provide

d fu r th er, T hat $13 4 ,000,000 shall be available to carr y 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 m ay be used to carry out section 234 5 and $2, 9 5 7 ,000 shall be used by the Center for Civic E ducation to implement a comprehensive pro g ram to improve public k nowledge, under - standing, and support of the Congress and the S tate legislatures . E NGLISHLA NG U AG E A CQ UISI T I O N F or carrying out part A of title III of the Elementary and Secondary Education Act of 19 6 5, $750,000,000, which shall become available on J uly 1, 2010, and shall remain available through September 30, 2011, e x cept that 6.5 percent of such amount shall be available on O ctober 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. S P ECIAL E D UCATION 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 R ecording for the B lind 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 P ublic 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 e q ual 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 associ- ated with the Special Olympics N ational and W orld games.

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 123STA T . 32 6 6 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9REHABIL I T ATI ONS E RV I C E S AN DD ISABILIT Y RESEARCH Forca rr ying o ut, tot he e x tent not other w i s e p ro v i d ed, the Reha b i l itation A cto f1973 , the Assistive T echnology Act of 199 8, and the H elen K eller N ational C enter Act, $ 3, 506 ,861,000
 * Provide

d , That for purposes of deter m ining whether a State may administer the Centers for I ndependent L iving program under section 7 2 3 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 fu r th er, That $5,095,000 shall be used for the pro j ects, 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 . S P ECIAL INSTIT U TIONS F OR P ERSONS W ITH DISABILITIES A M ERICAN PRINTIN G HOUSE FOR THE BLIND For carrying out the Act of M arch 3, 1879, $2 4 ,600,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles IandIIofthe E ducation 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 authori z ed 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 G allaudet U niversity 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 construc - tion and shall remain available until expended: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. CAREER, TECHNICAL, AND ADULT EDUCATION For carrying out, to the extent not otherwise provided, the Carl D. Per k ins 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 O ctober 1, 2009, and remain available through September 30, 2011, of which $1,221,047,000 shall become available on J uly 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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 123STA T . 32 67PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9wer e und er pai d fo rfi sc a ly ears 20 0 3th rou g h 200 8 inthea m ounts such S tates and outlying areas were underpaid
 * Provide

d fu r th er ,T hat the Secretary shall not reduce the allocations for those years to the States and outlying areas that were o v erpaid through such error , or ta k e other corrective action with respect to those overpay - ments: Provided further, That the additional funds provided to States and outlying areas to correct the administrative error shall not b e considered in determining the ‘ ‘hold harmless ’ ’ amounts under section 2 1 1 ( f ) of the AEFL A for fiscal year 2011 or subse q uent fiscal years: Provided further, That of the amount provided for Adult Education State G rants, $75 ,000,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Pro - vided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the AEFLA, 6 5 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 U nited States C iti z enship and I mmigration Services data for immigrants admitted for legal permanent resi- dence for the 10 most recent years, and 35 percent allocated to States that e x perienced 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 perma- nent 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, $11,3 4 6,000 shall be for national leader- ship 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 O ctober 1, 200 9, and shall remain avail- able through September 30, 2011, for evaluation, technical assist- ance, school networks, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become available on J uly 1, 2010, and remain available through September 30, 2011, for grants to local educational agencies: Pro- vided further, That funds made available to local educational agen- cies 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 N ational Institute for Literacy . S TUDEN TF I N A N C IA L A S SISTANCE ( INCLUDIN G DE F E R RAL O F FUNDS ) For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the H igher Education Act of 1965, $19,296,809,000, which shall remain available through September 30, 2011. The maximum P ell 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 avail- able until October 1, 2010. 20USC1 0 7 0 anote.


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 123STA T . 32 68PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9STUDEN T AI DAD M INI S T RA TI O N For F ed er al ad min i st rati v ee xp enses to c arr y o u t part D o f title I, and su b parts 1, 3 , 4 , and 9 of part A, and parts B , C , D, and E of title I V oft h e H i g her Education Act of 19 65, $870 ,40 2 ,000, w hich shall remain available until expended . HI GH ER EDU C ATION 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 M utual 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 C O M P E T ES Act, and section 117 of the Carl D. Per k ins Career and Technical Edu - cation Act of 2006, $2,255,665,000
 * Provide

d, 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 fu r th er, That $609,000 shall be for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the G overn- ment Performance and R esults 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 U nited States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further , That notwithstanding any other provision of law, a recipient of a multi- year award under section 316 of the HEA, as that section was in effect prior to the date of enactment of the Higher Education Opportunity Act (‘‘HEOA’’), that would have otherwise received a continuation award for fiscal year 2010 under that section, shall receive under section 316, as amended by the HEOA, not less than the amount that such recipient would have received under such a continuation award: Provided further, That the portion of the funds received under section 316 by a recipient described in the preceding proviso that is e q ual to the amount of such continu- ation 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 scholar- ship 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, notwith- standing section 437 of the General Education Provisions Act and 5 U.S.C. 553, by notice in the Federal Register, establish the eligi- bility requirements, service obligations, payback requirements, and Notice.F e d e ralR e g i s ter ,pub licatio n . D esignation.


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 123STA T . 32 69PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 09 otherp ro g r am re qui reme n t s simi l ar to those spe c i f ie d in section 51 5ofthe F ederal M ine S afet y and H ealth A ct as are necessary to implement such a program
 * Provide

d fu r th er ,T hat such scholar - ship funds may b e used to replace a student ’ se x pected 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 authori z ed to accept contribu- tions for such scholarships from pri v ate sources: Provided further, That these funds shall be used for scholarships for academic year 20 10 – 2011 and may be available for scholarships in academic year 2011–2012: Provided further, That $ 101,50 7 ,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘Higher E ducation’’ in the statement of the managers on the con- ference report accompanying this Act: p rovided further, That $17,750,000 shall be used for the programs specified under the ‘‘Fund for the I mprovement of P ost Secondary Education’’ in the statement of the managers in accordance w ith the specified sections . H OWARDUNIVE R S I TY For partial support of Howard University, $2 34, 9 77,000, of which not less than $3, 6 00,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. C O L LE G EHO U SING AND A C ADE M IC FACILITIES L OANS PROGRAM For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the Higher Education Act of 1965, $461,000. HISTORICALLY B LAC K COLLEGE AND UNIVERSITY CA P ITAL FINANCING PROGRAM ACCOUNT For the cost of guaranteed loans, $20,22 8 ,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 Histori- cally Blac k College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $354,000. INSTITUTE O F EDUCATION SCIENCES For carrying out activities authorized by the Education Sciences R eform Act of 2002, the N ational 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 chil- dren 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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 123STA T . 32 70PUBLIC LA W 111 – 117 —DE C.1 6, 200 9As s i s tance Act m a yb e u se dforS tate data coordinators and for a w ards to p ub l ic or pri v ate or g ani z ations or agencies to improve data coordination ,q uality, and use .DEPARTM E N TA LM ANA G EMENT PR O GRAM A D M I NI S TRATION F or carrying out, to t h ee x tent not otherwise provided, the Department of E ducation O rganization Act, including rental of con - ference rooms in the District of C olumbia and hire of three pas- senger motor vehicles, $456, 20 0,000, of which $ 8 ,200,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff. O F FI C EFORCI V IL RIG H TS For expenses necessary for the Office for Civil R ights, as author- ized by section 20 3 of the Department of Education Organization Act, $ 1 03,024,000. OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the I nspector G eneral, as authorized by section 212 of the Department of Education Organization Act, $60,053,000. GENERAL P ROVISIONS SEC. 301. N o 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 V I of the Civil Rights Act of 1 9 64. 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. T he prohibition described in this section does not include the establishment of magnet schools. SEC. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. ( TRANSFER OF F U NDS ) SEC. 304. Not to exceed 1 percent of any discretionary funds (pursuant to the B alanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Edu- cation in this Act may be transferred between appropriations, but Voluntaryp ray e r .M e di tation. R a c ial de s e g regation.


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text: Dictionary of National Biography, 1885-1900/Moore, John (d.1619)


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 123STA T . 32 7 1 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9nosuchap p r opr i a t ion sha l l be increase d b ym ore than 3 percent by any such trans f er
 * Provide

d ,T hat the transfer authority g ranted by this section shall be a v ailable only to meet emergency needs and shall not be used to create any ne w program or to fund any pro j ect or activity for which no funds are provided in this A ct: Provided fu r th er, That the C ommittees on Appropriations of the H ouse of R epresentatives and the S enate are notified at least 15 days in advance of any transfer . S EC. 3 0 5. The O utlying Areas may consolidate funds received under this Act, pursuant to 48U .S.C. 14 69 a, under part A of title V of the E lementary and Secondary Education Act. SEC. 306. N one of the funds made available in the si x th proviso under the heading ‘ ‘ I nnovation and Improvement ’ ’ in this Act shall be made available for new awards under the Teacher Incentive F und prior to the submission of an impact evaluation plan to the Committees on Appropriations of the House of Representatives and the Senate. SEC. 30 7 . Section 14007 of division A of the American Recovery and Reinvestment Act of 2 009 is amended —( 1 ) by amending subsection (a)(3) to read as follows: ‘‘(3) PURPOS EO FAW AR D S.—The Secretary shall ma k e 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 re q uirements’’ and inserting ‘‘paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit organi z ation 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 dem - onstrates that it will meet the requirement relating to private- sector matching’’; and (4) by adding at the end a new subsection (d) to read as follows: ‘‘(d) SU BG RA NT S.—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.’’. Ante,p.284 . Evalu a tion plan. N oti f i c ation. De a d line.


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 123STA T . 32 7 2 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9SEC.308 . S ection 30 7 o f t h e D e par t m ent s of L a b or ,H ea l th an d H u man Ser v ices, and E ducation, and R elated Ag encies Appro - priations Act, 2 008 is amended b y stri k ing ‘ ‘and 200 9’ ’ each place the term occurs and inserting ‘‘through 20 1 1’’. SEC. 309. Section 10 5( f ) (1)( B )(i x ) of the C ompact of F ree Association Amendments Act of 2003 ( 4 8 U .S.C. 1921d(f)(1)(B)(ix)) shall be applied by substituting ‘‘2010’’ for ‘‘2009’’. SEC. 310. Section 1400 6 (c) of division A of the American Recovery and Reinvestment Act of 2009 ( P ublic La w 111 – 5) is amended — (1) by inserting ‘‘(1) ING ENE RAL .—’’ before ‘‘Each State’’ and (2) by adding a new paragraph (2) at the end to read as follows ‘‘(2) E X CE PTIO N.—Paragraph (1) does not apply to grants made by the Secretary to consortia of States to develop aca- demic assessments that are aligned with academic standards.’’. T his title may be cited as the ‘‘Department of Education Appro- priations Act, 2010’’. TITLE I V RELATED A G E N CIES CO M MITTEE F ORP U RC H A S E FROM PEOPLE W HO ARE BLIN D OR SE V EREL Y DISA B LED SALARIES AND EXPENSES For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92–28, $ 5,396,000. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE OPERATING EXPENSES For necessary expenses for the Corporation for National and Community Service (‘‘the Corporation’’) to carry out the Domestic Volunteer Service Act of 1973 (‘‘1973 Act’’) and the National and Community Service Act of 1990 (‘‘1990 Act’’), $857,021,000, of which $319,974,000 shall be to carry out the 1973 Act and $537,047,000 shall be to carry out the 1990 Act and notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provide d, 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 author- i z ed 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 198 O 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 Ante,p.284 . A pp licab ili ty . 48 USC19 21 dno t e . 121 Stat. 2199.


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 123STA T . 32 7 3 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9natio na l an dc o m m u nit yserv ice , under section 126( a ) o f t h e1 9 9 0A ct and not w ithstandin g section 5 01(a)(5)( B ) of the 1990 Act (6) $ 29,000,000 shall b e available to carry out subtitle E of the 1990 Act; and ( 7 )$ 4 ,000,000 shall be available for e xp enses authori z ed under section 501(a)(4)( F ) of the 1990 Act, which, notwithstanding the provisions of section 19 8P shall be awarded by the C orporation on a competitive basis to S tate commissions .NATIO NA LSERV I C ETR U ST ( INCLU D IN G TRANS F ER OF FUNDS ) For necessary expenses for the N ational Service T rust estab - lished 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
 * Provide

d, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘‘ O perating 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 trans- mitted to the Committees on Appropriations of the H ouse of R ep- resentatives and the Senate: Provided fu r th er, That amounts appro- priated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the re q uirement to apportion funds under 3 1 U .S.C. 1513(b). SALARIES AND E XP ENSES 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 V olunteer 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 G eneral in carrying out the Inspector General Act of 1978, $7,700,000. AD M INISTRATIVE PROVISIONS SEC. 401. The Corporation for National and Community Service (‘‘the Corporation’’) shall ma k e 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 Requir e m e nts.42USC1 2 57 1 n o te. N oti c e. P u bl ic comment.


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 123STA T . 32 74PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9min im u m share re q uiremen t as p r ov i d edinse c tion 25 2 1.60 o f tit l e 4 5 ,C ode of F ederal R e g ulations, w ithout regard to the operating costs match requirement in section 121 ( e ) or the mem b er support Federal share limitations in section 140 of the N ational and Communit yS ervice A ctof1 9 90, and sub j ect to partial waiver consistent with section 2521. 7 0 of title 45, Code of Federal Regula - tions. S EC . 40 3 . D onations 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. C ORP OR ATI O NF OR PUBL IC BROA D CA S TIN G For payment to the Corporation for Public Broadcasting (‘‘Cor- poration’’), as authori z ed 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
 * Provide

d, T hat 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 G overnment officials or employees: Provided fu r -th er, 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 e x cluded, 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 ta k ing 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, $ 8 6,000,000 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 enact- ment 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. Deadlin e .Po li t i c al te s t.


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 123STA T . 32 75PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9FED E RALM ED I A T I ON AND C ON C ILIATION S ER V ICE S ALARIES AND E XP ENSES F orexp e ns es ne c ess a r yf or th eFe d era l Med i ation and Concilia - tion Ser v ice (‘ ‘Service ’ ’ ) to carry o u t the functions vested in it b y the L abor Mana g e m ent R elations A ct ,1947, including hire of passenger motor vehicles for expenses necessary for the Labor- Management Cooperation Act of 197 8 for the Service to carry out the functions vested in it by the Civil Service Reform Act, $ 4 6 ,6 52, 0 00, including $ 3 49,000 for activi- ties authori z ed by the Labor-Management Cooperation Act of 1978
 * and for expenses necessary
 * Provide

d ,T hat not w ithstanding 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 pro- vided 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 fu r -th er, That fees for arbitration services shall be available only for education, training, and professional development of the agency wor k force: Provided further, That the D irector 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 pro j ects or functions within the Director’s jurisdiction. FEDERAL MINE SA F ET Y AND H EALT H REVIE W CO M MISSION SALARIES AND EXPENSES For expenses necessary for the Federal Mine Safety and Health Review Commission, $10,358,000. I NSTIT U TE OF MUSEUM AND LI B RARY SERVICES OFFICE OF MUSEUM AND LIBRARY SERVICES: G RANTS AND ADMINISTRATION For carrying out the Museum and Library Services Act of 1996 and the N ational 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 ‘‘ O ffice of Museum and Library Services: G rants and Administration’’ in the statement of the managers on the conference report accom- panying this Act. MEDICARE P AYMENT ADVISORY COMMISSION SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $11,800,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.


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 123STA T . 32 76PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9NATION A LC O U N C IL ON D I S A B ILIT Y SALA R I E SAN D E XP ENSES Forexp e ns es ne c ess a r yf or th e Nat i ona l Co u ncil on Disa b ility as authori z e d by title IV of the R ehabilitation A ct of 1973,$ 3, 2 71, 0 00 . NATIONAL L ABOR RELATIONS B OARD SALARIES AND EXPENSES For expenses necessary for the National Labor Relations Board to carry out the functions v ested in it by the Labor -M ana g e m ent Relations Act, 19 4 7, and other la w s, $2 8 3,400,000
 * Provide

d, T hat 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 bar- gaining units composed of agricultural laborers as referred to in section 2 ( 3 ) of the Act of J uly 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 Rail- way Labor Act, including emergency boards appointed by the P resi- dent, $13,4 6 3,000. O CCUPATIONAL S A F ETY AND H EALT H RE V IE W CO M MISSION SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $11,712,000. RAILROAD RETIREMENT BOARD DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Account, author- ized 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 e q ual amounts on the first day of each month in the fiscal year.


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 123STA T . 32 7 7 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9FED E RALP A YM E NTS T O T H ERA I LROAD RETIREMENT A C CO U NTS Forpayment tot h ea c co u nt s esta bli she d in the T reasury f or the payment of benefits under the R ailroad Retirement A ct for interest earned on unne g otiated chec k s ,$150 ,000, to remain a v ail - able through S eptember 3 0, 2 011, w hich shall be the ma x imum amount available for payment pursuant to section 4 1 7 of P ublic L aw 98– 7 6. LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement B oard (‘ ‘Board ’ ’ ) for administration of the Railroad Retirement Act and the Railroad U nemployment I nsurance 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 rail- road unemployment insurance administration fund. LIMITATION ON THE OFFICE OF INSPECTOR G ENERAL For expenses necessary for the O ffice of Inspector G eneral for audit, investigatory and review activities, as authori z ed 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 D isability 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 X IandX V I 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 Secu- rity Act, $34,742,000,000, to remain available until expended
 * Pro-vide

d, 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 J une 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 q uarter of fiscal year 2011, $16,000,000,000, to remain available until expended. LIMITATION ON ADMINISTRATI V EE X PENSES 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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 123STA T . 32 78PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9be e xp e nd ed ,as a uthoriz edb y se c tion 201(g) (1) o f the S ocia l Secu - rity A ct, fro m any one or all of the trust funds referred to therein
 * Provide

d, T hat not less than $ 2, 3 00,000 shall be for the Social Security Ad v isory B oard: Provided fu r th er, That unobligated bal- ances 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 hard w are and soft- ware infrastructure, including related e q uipment 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 5U. S. C . 7 131, and for facilities or support services for labor organizations pursuant to policies, regula- tions, 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. F rom funds provided under the first paragraph, not less than $273,000,000 shall be available for the cost associated with con- ducting continuing disability reviews under titles I I and XV Iof 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 sub j ect to the same terms and conditions, $ 48 5,000,000, for additional continuing disability reviews and redeterminations of eligibility, of which, upon a determination by the O ffice of the Chief Actuary that such initiative would be at least as cost effective as redeter- minations 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 conclu- sion 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 P ublic L aw 104 – 121 for fiscal years 1 9 9 6 through 2002. In addition, $160,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursu- ant 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. OF F ICE OFI NSP EC T O RG ENER AL( INCL UD ING TRANSFER OF FUNDS ) For expenses necessary for the Office of Inspector G eneral 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 Reports.


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 123STA T . 32 79PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 theSocial Sec ur it yA ct f ro m the F e d eral O ld - A g ea n d Sur v ivor sI nsurance T rust Fund and the Federal D isa b ility Insurance Trust Fund . In addition , an amount not to e x ceed 3p ercent of the total provided in this appropriation may be transferred from the ‘ ‘ L imita- tion on Administrative E xpenses ’ ’, Social Security Administration, to be merged w ith this account, to be available for the time and purposes for which this account is available
 * Provide

d , That notice of such transfers shall be transmitted promptly to the C ommittees on Appropriations of the H ouse of R epresentatives and the Senate. TITLE VG E N ERAL P ROVISIONS S EC . 501 . The Secretaries of Labor, Health and Human Serv- ices, and Education are authori z ed to transfer unexpended balances of prior appropriations to accounts corresponding to current appro- priations 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. 50 2 . No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 503. ( a ) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any k it, pamphlet, booklet, publication, radio, television, or video presentation designed to sup- port 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. 50 4 . The Secretaries of Labor and Education are author- ized to make available not to exceed $ 2 8 ,000 and $22,000, respec- tively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses the Director of the Federal M ediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds avail- able for ‘‘Federal Mediation and Conciliation Service, Salaries and expenses’’; and the Chairman of the National Mediation B oard is authorized to make available for official reception and representa- tion 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 pre- venting the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforce- ment authorities to be inappropriate for such distribution. SEC. 50 6 . W hen issuing statements, press releases, re q uests for proposals, bid solicitations and other documents describing pro j ects or programs funded in whole or in part with Federal Ne e dl e d istr i bu ti on.L obb y in g . Noti c e.


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123 STAT. 3280 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 sourced.

Abortion. 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.

Definition. (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.

Abortion. SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion-- (1) if the pregnancy is the result is the result of an act of rape or incest; or   (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life endangering physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds) (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider form 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 or 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 profession, a hospital, a provider-sponsered organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.

Human Embryos. 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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 123STA T . 32 8 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9inutero un d er 45CFR 4 6.20 4 (b)a nd s e c tion 4 98 (b) o f t h e P ub l ic H ealth S er v ice A ct (42 U .S.C. 289 g (b)). (b) For p urposes of this section , the ter m‘ ‘human embr y o or embryos ’ ’ includes any organism, not protected as a human sub j ect under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertili z ation, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. S EC . 5 1 0. (a) N one 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 Con - trolled Substances Act e x cept for normal and recognized executive- congressional communications. (b) T he limitation in subsection (a) shall not apply w hen 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 advan- tage. SEC. 511. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 11 73 (b) of the Social Security Act providing for, or providing for the assignment of, a uni q ue 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 L abor 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 require- ment 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 G overnment, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priation 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 E lementary 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 B ehind 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 Notif i ca tio ns.De a dl ines. C e r tifications. Certifications. R e p orts. Contracts. H ealt h and health care. Dr ug s and drug a b use. Definition.


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 123STA T . 32 8 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9bythisAc tth a t rem ai n a v ai l able fo r obli g ation or e xp en d it u re in fiscal year 201 0, or provided from any accounts in the T reasury of the U nited S tates 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 ne w programs (2) eliminates a program, pro j ect, 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 ) reorgani z es or renames offices; ( 6 ) reorganizes programs or activities; or ( 7 ) contracts out or privatizes any functions or activities presently performed by F ederal employees; unless the C ommittees on Appropriations of the H ouse of R epresent - atives 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) N one 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 Represent- atives 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. S EC . 517. (a) None of the funds made available in this Act may be used to re q uest 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 wor k 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. 51 8 . W ithin 45 days of enactment of this Act, each depart- ment 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 accom- panying this Act, or the fiscal year 2010 budget request. Deadlin e .Op e r a t in g plan. Sc ienti f ic inf o r m ation. P olitical di s clos u res.


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 123STA T . 32 8 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9SEC.519 . The Se cr e ta r i e sofL a b or ,H ea l tha nd H um an Ser v- ices, and E ducation shall each p repare and submit to the C ommit- tees on A ppropriations of the House of R epresentatives and the Senate a report on the number and amount of contracts, g rants, and cooperative agreements e x ceeding $ 5 0 0,000 in value and a w arded b y the D epartment on a non-competitive basis during each q uarter of fiscal year 2 010, 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 j ustification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 3 0 days after the end of the quarter for which the report is submitted. SEC. 520. Section 8 103 ( b ) of P ublic 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. N one 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 I I of the Social Security Act, to process any claim for credit for a quarter of coverage based on wor k 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 Secu- rity Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the U nited States and M exico establishing totali z ation 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 I V of the Personal Responsibility and W ork O pportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). SEC. 52 4 . (a) I NG ENE RAL .—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 fol- lowing: ‘‘(B) SECRE T AR YOFH O M ELAN DS EC U R I TY.—One-third of the amounts deposited into the F raud 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 para- graph (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 LA B OR.—One-third of the amounts deposited into the Fraud Prevention and Detection Account 8USC1356.Mexico . C la i ms. 29 USC 2 0 6 n o t e. D ea d line. R e p o r ts.


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 123STA T . 32 84PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9shal l rem a in a v aila b le to the S e c retar y o fL abor u ntil e xp en d ed for w a g e and hour enforcement programs and activities otherwise authori z ed to be conducted by the Sec - retary of Labor that focus on industries li k ely to employ nonimmigrants , including enforcement programs and activities described in section 21 2 ( n ) and enforcement pro- grams and activities related to section 21 4 (c)(14)( A )(i) .’ ’ (b) EF F ECTIV E DA TE. —T he amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5 25. N one 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 30 1 – 10.124 of title 41, C ode of F ederal R egulations. SEC. 52 6 . Specific pro j ects contained in the report of the Com- mittee on Appropriations of the H ouse of Representatives accom- panying this Act (H. Rept. 111–220) that are considered congres- sional earmarks for purposes of clause 9 of rule X X I 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. 52 7 . 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 re q uired during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 19 8 6, 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 Appro- priations Act, 2010’’. DI V ISI O NE— M ILITAR Y CONSTR U CTION AND VETERANS AFFAIRS AND RELATED A G ENCIES A P PROPRIATIONS ACT, 2010 TITLE I DEPARTMENT OF DEFENSE MI L ITA RY C ONS TR U CTION, AR M Y For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facili- ties, 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
 * Provide

d, That of this amount, Det e rmina ti o n .N oti f i c ation. M i l itar yC on s tr u ction an dV eterans A ffairs and R elated A g encies A p propriations Act ,201 0. Contracts. Certification. E armar k s. 8US C1 356 note.


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 123STA T . 32 85PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9not to exc ee d$20 0 ,519 ,000 shal l b ea v a i lable f o r st u d y , p lannin g , design, architect and engineer services, and host nation support, as authori z edbyla w , unless the S ecretary of the A r m y determines that additional obligations are necessary for such purposes and notifies the C ommittees on Appropriations of both H ouses of Con - gress of the determination and the reasons therefor
 * Provide

d fu r -th er ,T hat, not later than 3 0 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Commit- tees 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 pro j ects and activities, and in the amounts, specified under the heading ‘ ‘ M ilitary Construction, Army ’ ’ and under the headings ‘‘Army’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act . M IL I TARY C ONS TR UC TION, N A V YAN D MARIN E COR P S F or ac q uisition, construction, installation, and equipment of temporary or permanent public wor k s, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities E ngineering Command and other personal services necessary for the purposes of this appropriation, $3, 76 9,003,000, to remain avail- able until September 30, 201 4
 * 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 obliga- tions 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 appro- priated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military Construc- tion, Navy and Marine Corps’’ and under the headings ‘‘Navy’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act. MILITARY CONSTRUCTION, AIR FORCE ( INCLUDIN G RESCISSION O F FUNDS ) For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facili- ties, 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 Det e rmina ti o n .N oti f i c ation. Determination. Notification. Dea dl ine. Exp endit u re plan.


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 123STA T . 32 86PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9toac co mp a ny t hisA ct
 * Provide

d fu r th er ,T hat o f th e f u n d s app r o - priated for ‘ ‘ M i l itary C onstruction, Air F orce ’ ’ under P u b lic L a w1 1 0–329, $ 3 7 , 5 00,000 are hereby rescinded . M IL I TARY C ONS TR UC TION, DEF ENSE- W I D E ( INCLUDIN G TRANSFER AND RESCISSION OF FUNDS ) For ac q uisition, construction, installation, and equipment of temporary or permanent public wor k s, installations, facilities, and real property for acti v ities and a g encies of the Department of Defense ( other than the military departments ) , as currently author- i z ed by law, $3,093, 6 79,000, to remain available until S eptember 30, 201 4
 * 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 des- ignate, 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 appro- priated, not to e x ceed $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 Commit- tees on Appropriations of both H ouses of Congress of the determina- tion 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 N orth Atlantic Treaty O rganization for the planning, design, and construc- tion of a new North Atlantic Treaty Organization headquarters: Provided further , That the amount appropriated in this paragraph shall be for the pro j ects 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 accom- pany 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, AR M Y NATIONAL G UARD 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 1 8 03 of title 10, U nited 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 Deadlin e .Exp endi tur e plan. Deter m inati o n. N oti f i c ation. Determination. Notification.


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 123STA T . 32 87PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9requi re m e nts:Provide d fu r th er ,Tha ttheam o unt a p propriate d in this para g raph sha l l b e f or the pro j e c ts and acti v ities , and in the amounts, specified under the heading ‘ ‘ M ilitar yC onstruction, A rmy N ational G uard ’ ’ and under the headings ‘‘Army National Guard’’ in the table entitled ‘‘Military Construction’’ in the e x plana - tory statement of managers to accompany this Act . M IL I TARY C ONS TR UC TION, AIR NATIONAL GUAR DF or construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authori z ed by chapter 1803 of title 10, U nited S tates Code, and Military Construc- tion Authorization Acts, $ 3 7 1, 2 2 6 ,000, to remain available until September 30, 201 4 ,of w hich $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 D irector of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both H ouses of Congress of the determination and the reasons therefor: Provided further, That, not later than 30 days after the date of the enactment of this Act, the Director of the Air National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for the funds provided for critical unfunded requirements: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military Construction, Air National Guard’’ and under the headings ‘‘Air National Guard’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act. MILITARY CONSTRUCTION, AR M Y RE SER V E 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, 5 66,000, to remain available until September 30, 2014, of which $30,000,000 shall be for critical unfunded requirements: Pro - vided, 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 appro- priated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military Construc- tion, Army Reserve’’ and under the headings ‘‘Army Reserve’’ in the table entitled ‘‘Military Construction’’ in the explanatory state- ment of managers to accompany this Act. Deadlin e .Exp endi tur e plan. Deter m inati o n. N oti f i c ation. Deadline. Expenditure plan. Determination. Notification.


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 123STA T . 32 8 8 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9MIL I TARYCONS TR UC TION ,N A V Y RE SERVE Forc o nst r u ct i on, a c q uisition, exp ansion, re h a b i l itation, an d con v ersion o f facilities for the trainin g and ad m inistration of the reserve components of the Nav y and Marine Corps as authori z ed by chapter 1803 of title 10, U nited S tates Code, and Military Construction A uthorization Acts, $ 1 25 ,8 74 ,000, to remain available until September 30, 2014, of w hich $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
 * Provide

d, T hat of the amount appropriated, not to exceed $2, 9 51,000 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 H ouses of Congress of the determination and the reasons therefor: Provided fu r th er , 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 pro j ects and activities, and in the amounts, specified under the heading ‘ ‘Military Construction, Navy Reserve ’ ’ and under the headings ‘‘Navy Reserve’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act . MILITARY CONSTRUCTION, AIR FORCE RESERVE For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $112,2 6 9,000, to remain available until September 30, 2014, of which $55,000,000 shall be for critical unfunded requirements: Pro - vided, 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 appro - priated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military Construc- tion, 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. Deadlin e .Exp endi tur e plan. Deter m inati o n. N oti f i c ation. Deadline. Expenditure plan. Determination. Notification.


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 123STA T . 32 89PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 NORTHA T LAN T ICT R E AT YO R G ANI Z ATION S EC U RITY I N V E S T M ENT P ROGRAM FortheUni te d St a te s share o f the c ost of the North At l antic Treat y Or g ani z ation Sec u rity In v est m ent Program for the ac q uisi - tion and construction of military facilities and installations ( including international military headquarters ) and for related e xp enses for the collective defense of the North Atlantic Treaty Area as authorized b y section 2806 of title 1 0, United States C ode, and M ilitary Construction Authorization Acts, $ 1 97, 4 14,000, to remain available until expended . FAMILY H OUSING CONSTRUCTION, ARMY For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by la w, $27 3 ,236,000, to remain avail- able until September 30, 2014
 * Provide

d , That the amount appro- priated in this paragraph shall be for the pro j ects 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 O P ERATION AN D MAINTENANCE, ARMY For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construc- tion, principal and interest charges, and insurance premiums, as authorized by law, $ 5 23,418,000. 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: Pro - vided, 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 explana- tory statement of managers to accompany this Act. FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $368,540,000. FAMILY HOUSING CONSTRUCTION, AIR FORCE For expenses of family housing for the Air Force for construc- tion, including acquisition, replacement, addition, expansion, exten- sion, 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 activi- ties, and in the amounts, specified under the heading ‘‘Family


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 123STA T . 32 90PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 HousingC ons tr u c tion ,A ir F orc e’ ’ int h et abl e entitle d‘ ‘ M ilitar y Construction’’ in the e xp lanatory state m ent o f managers to accom - pany this Act . F AMILY H OUS I NGOPER A T ION AN D MAINTENAN C E, AIR FORCE For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construc- tion, principal and interest charges, and insurance premiums, as authori z edbyla w , $502, 936 ,000. FAMILY HOUSING CONSTRUCTION, D E F ENSE- W IDE For expenses of family housing for the acti v ities and agencies of the Department of Defense ( other than the military departments ) for construction, including ac q uisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $2, 8 59,000, to remain available until S eptember 30, 20 14:Provide d ,T hat the amount appropriated in this paragraph shall be for the pro j ects 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 I MPRO V EMENT FUND For the Department of Defense Family Housing Improvement Fund, $2,600,000, to remain available until expended, for family housing initiatives underta k en pursuant to section 2883 of title 10, U nited States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. HOMEO W NERS 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. 33 7 4), as amended by section 1001 of division A of the American R ecovery and Reinvestment Act of 2009 ( P ublic L aw 111 – 5 123 Stat. 194), $323,225,000, to remain available until expended. C H EMICAL DEMILITARI Z ATION CONSTRUCTION, DEFENSE-WIDE For expenses of construction, not otherwise provided for, nec- essary 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 author- ized 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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 123STA T . 32 9 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 thispar a g raph sha l l befo r the pro j e c tsa nd acti v ities , and in the a m o u nts, specified under the headings ‘ ‘ C hemical D emilitari z a - tion Construction, Defense- W ide ’ ’ in the table entitled ‘‘ M ilitar y Construction’’ in the e x planatory statement of managers to accom- pany this A ct . D EPARTM E N T OF DEFEN S E B ASE C L OS U REA C COUNT 19 9 0F or deposit into the Department of Defense Base Closure Account 1990, established by section 2 90 6( a ) (1) of the Defense Base Closure and R ealignment Act of 1990 (10 U . S .C. 26 87 note), $4 96,768,000, to remain available until expended. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 200 5 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
 * Provide

d, T hat the Department of Defense shall notify the Committees on Appro- priations of both H ouses 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 re q uest for this account by 20 percent or $2,000,000, w hich- ever is less: Provided fu r th er, 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. A D M I NISTRATI V E P ROVISIONS SEC. 101. N one 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 per- formed within the United States, except Alas k a, 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. 10 3 . 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 E ngineers 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 G eneral 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. Certif i ca ti on. Contract s . N otification. D ea dl ine.


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 123STA T . 32 9 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 SEC.106 . None o fth ef u n dsma dea v a il a b le in this title shall be used to

1 ) a cq ui r e land ( 2 ) p rovide for site preparation; or ( 3 ) install utilities for an y family housin g, e x cept housing for w hich funds have been made available in annual A cts ma k ing appropria - tions for military construction. SEC. 10 7 . 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 C ommittees on Appropriations of both H ouses of Congress. SEC. 10 8 . None of the funds made available in this title may be used for the procurement of steel for any construction pro j ect or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. SEC. 10 9 . None of the funds available to the D epartment 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 notifica- tion to the Committees on Appropriations of both Houses of Con- gress. SEC. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the G overnment to exceed $5 00,000 for projects to be accomplished in J apan, in any North Atlantic T reaty O rgani z ation member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to U nited 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 posses- sions in the P acific and on K wajalein 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: Provide d, 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 fu r th er, 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 M arshallese 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. 11 4 . 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. F unds 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. Notif i ca tio n.M i l ita ryex erci s e. D ea d line. C ontracts. Kw a j alein A toll. Contracts. J a p an. Notification. S teel. Notification.


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 123STA T . 32 9 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 SEC.1 1 6 . Formil i ta r yc o ns tr u ction or f amily h ousin gp ro je cts that are b eing complete dw ith funds otherwise e x pired or lapsed for obligation , expired or lapsed funds may be used to pay the cost of associated super v ision, inspection, overhead, engineering and design on those projects and on subse q uent claims, if any. SEC. 11 7 . N otwithstanding 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. 11 8 . (a) T he Secretary of D efense, in consultation with the Secretary of State, shall submit to the C ommittees on A ppro - priations of both H ouses of Congress, by February 1 5 of each year, an annual report in unclassified and, if necessary, classified form, on actions ta k en 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 U nited 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 ( G D P ) of the host country; and (5) for host countries that are members of the North Atlantic Treaty O rgani z ation (NATO), the amount contributed to NATO by host countries, in dollars and in terms of the percent of the total NATO budget. (c) I n this section, the term ‘ ‘host country ’ ’ means other member countries of NATO, J apan, South K orea, and United States allies bordering the Arabian Sea. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 11 9 . In addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense B ase Closure Account established by section 2 0 7(a)(1) of the Defense Authorization Amendments and Base Closure and R ealignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account estab- lished by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged Defin i t i o n . De adl ine. R e p o r t s . C lassified infor m ation. 2 2 US C 19 2 8 note.