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Page:United States Statutes at Large Volume 123.djvu/3106

 123STA T . 3 086PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9Prog r am a s a uth or ized u n der se c tion 1 1o f the H ousing Op portunit y Program Ex tension A ctof1 9 9 6, as amended
 * Provide

d fu r th er, T hat $50 ,000,000 sha l l b emadea v ailable for the second, third and fourth capacity building activities authorized under section 4( a ) oftheH UD Demonstration Act of 199 3 (4 2 U .S . C .9 8 16 note), of w hich not less than $5,000,000 may be made available for rural capacity building activities: Provided further, That $5,000,000 shall be made available for capacity building activities as authorized in sections 6301 through 6305 of Public L aw 110 – 246. HOMEL E S S A SS I S T A NC E GR ANTS ( INCL UD ING TRANS F ER OF FUNDS )F or the emergency shelter grants program as authorized under subtitle B of title IV of the M c K inney - Vento Homeless Assistance Act, as amended the supportive housing program as authorized under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the United States Housing Act of 193 7, as amended, to assist homeless individuals pursuant to section 441 of the McKinney- Vento Homeless Assistance Act; and the shelter plus care program as authorized under subtitle F of title IV of such Act, $1,865,000,000, of which $1,860,000,000 shall remain available until September 30, 2012, and of which $5,000,000 shall remain available until expended for rehabilitation pro j ects with 10-year grant terms: Provided, That not less than 30 percent of funds made available, excluding amounts provided for renewals under the Shelter Plus Care Program and emergency shelter grants, shall be used for permanent housing for individuals and families: Provided further, That all funds awarded for services shall be matched by not less than 25 percent in funding by each grantee: Provided further, That for all match re q uirements applicable to funds made available under this heading for this fiscal year and prior years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further, That the Secretary shall renew on an annual basis expiring contracts or amendments to contracts funded under the shelter plus care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which home- less populations may be eligible, including Medicaid, State Chil- dren ’ s Health Insurance Program, Temporary Assistance for N eedy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Bloc kG rant, W orkforce Investment Act, and the Welfare-to-Work grant program: Provided further, That up to $6,000,000 of the funds appropriated under this heading shall be available for the national homeless data analysis project: Provided further, That up to $12,650,000 of the funds made avail- able under this heading may be transferred to and merged with the appropriation for ‘ ‘Transformation Initiative’’: Provided further, That all balances for Shelter Plus Care renewals previously funded Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/3107

 123STA T . 3 087PUBLIC LA W 111 – 117 —DE C.1 6, 200 9fromtheS he l ter P l usCa re R e n e w ala c count an d transferred to th i s account shall b ea v ailable , if reca p tured, for Shelter Plus Care renewals in fiscal y ear 201 0 .HOUSING P R OGR AM S P RO JECT-B ASE D RENTA L ASSISTANCE F or activities and assistance for the provision of pro j ect-based subsidy contracts under the U nited States Housin gA ctof1 937(4 2 U.S.C. 1437 et se q . ) ( ‘ ‘the Act ’ ’), not otherwise provided for, $8 ,1 5 7,853,000, to remain available until e x pended, shall be avail- able on O ctober 1, 2009, and $393, 6 72,000, to remain available until expended, shall be available on October 1, 2010
 * Provide

d, T hat the amounts made available under this heading are provided as follows: (1) Up to $8,325,853,000 shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for con- tracts entered into pursuant to section 441 of the M c K inney- V ento Homeless Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the E mergency L ow I ncome Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project- based activities and assistance funded under this paragraph. (2) N ot less than $232,000,000 but not to exceed $258,000,000 shall be available for performance-based contract administrators for section 8 project-based assistance: Provided, That the Secretary of Housing and Urban D evelopment may also use such amounts for performance-based contract adminis- trators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing Act (12 U.S.C. 1715 z– 1(a)) rent supplement payments pursuant to sec- tion 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston- G onzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86– 372; 73 Stat. 667); and loans under section 202 of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667). (3) Amounts recaptured under this heading, the heading ‘‘Annual Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’ may be used for renewals of or amendments to section 8 project-based contracts or for perform- ance-based contract administrators, notwithstanding the pur- poses for which such amounts were appropriated.

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Page:United States Statutes at Large Volume 123.djvu/3108

 123STA T . 3 08 8 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9HOUSINGF O RT H E E LD ERL YForcapit a l a dv a n c es, incl u din g a m endments to capital advance contracts, f or h ousing for the elderl y , as authori z ed b y section 20 2ofthe H ousing A ct of 195 9, as amended, and for pro j ect rental assistance for the elderly under section 202 ( c ) (2) of such Act, including amendments to contracts for such assistance and rene w al ofe x piring contracts for such assistance for up to a 1 - year term, and for supportive services associated with the housing, $8 25,000,000, to remain available until S eptember 3 0, 2013, of which up to $582,000,000 shall be for capital advance and project- based rental assistance awards
 * Provide

d, T hat amounts for project rental assistance contracts are to remain available for the li q uida- tion of valid obligations for 10 years following the date of such obligation: Provided fu r th er, That of the amount provided under this heading, up to $90,000,000 shall be for service coordinators and the continuation of existing congregate service grants for resi- dents of assisted housing projects, and of which up to $ 4 0,000,000 shall be for grants under section 202b of the Housing Act of 1959 (12 U. S. C . 1 7 01q – 2) for conversion of eligible projects under such section to assisted living or related use and for substantial and emergency capital repairs as determined by the Secretary: Provided further, That of the amount made available under this heading, $20,000,000 shall be available to the Secretary of Housing and Urban D evelopment only for ma k ing competitive grants to private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, site control, and other planning relating to the development of supportive housing for the elderly that is eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this heading shall be available for R eal E state Assessment Center inspections and inspection-related activities associated with section 202 capital advance projects: Provided fur - ther, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration. HOUSING FOR P ERSONS W ITH DIS AB ILITIES For capital advance contracts, including amendments to capital advance contracts, for supportive housing for persons with disabil- ities, as authorized by section 811 of the Cranston- G onzalez N ational Affordable Housing Act (42 U.S.C. 8013), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing for persons with disabilities as author- ized by section 811(b)(1) of such Act, and for tenant-based rental assistance contracts entered into pursuant to section 811 of such Act, $300,000,000, of which up to $18 6 ,000,000 shall be for capital advances and project-based rental assistance contracts, to remain available until September 30, 2013: Provided, That amounts for project rental assistance contracts are to remain available for the liquidation of valid obligations for 10 years following the date of such obligation: Provided further, That, of the amount provided under this heading, $87,100,000 shall be for amendments or renewal Contrac t s.Timep erio d . W ai v era u t h orit y . Contracts. Time period.


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Page:United States Statutes at Large Volume 123.djvu/3109

 123STA T . 3 089PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 oftena nt -b a s e d ass i stan c e cont r acts entered into p rior to fisca ly ear 20 0 5( only one a m endment a u t h ori z ed for any such contract ):Provide d fu r th er ,T hat all tenant-based assistance made a v ailable under this headin g shall continue to remain available only to per- sons w ith disabilities: Provided further, That the S ecretary may waive the provisions of section 81 1 governing the terms and condi- tions of pro j ect rental assistance and tenant-based assistance, e x cept that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That amounts made available under this heading shall be available for R eal E state A ssessment C enter inspections and inspection-related activities associated with section 811 Capital Advance P rojects .HOUSING COUNS EL ING ASSIS TA N C E F or contracts, grants, and other assistance excluding loans, as authorized under section 10 6 of the Housing and U rban D evelop- ment Act of 1 9 68, as amended, $ 8 7 ,500,000, including up to $2,500,000 for administrative contract services, to remain available until September 3 0, 2011: Provided, That funds shall be used for providing counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management / literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership for program administration; and for housing counselor training: Provided further, That of the amounts made available under this heading, not less than $13,500,000 shall be awarded to HUD-certified housing counseling agencies located in the 100 metropolitan statistical areas with the highest rate of home foreclosures for the purpose of assisting homeowners with in q uiries regarding mortgage-modification assistance and mortgage scams. ENE R G Y INNO V ATION F UN D For an Energy I nnovation Fund to enable the Federal Housing Administration and the new O ffice of Sustainability to catalyze innovations in the residential energy efficiency sector that have promise of replicability and help create a standardized home energy efficient retrofit mar k et, $50,000,000, to remain available until September 30, 2013: Provided, That $25,000,000 shall be for the Energy Efficient M ortgage Innovation pilot program, directed at the single family housing market: Provided further, That $25,000,000 shall be for the Multifamily Energy Pilot, directed at the multifamily housing market. OT H ER ASSISTED HOUSING P ROGRA M S RENTAL HOUSING ASSISTANCE For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the N ational Housing Act (12 U.S.C. 1715z – 1) in State- aided, non-insured rental housing projects, $ 4 0,000,000, to remain available until expended. Inspectio ns .Wa i v e r a u t h orit y . T i m e perio d .


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Page:United States Statutes at Large Volume 123.djvu/3110

 123STA T . 3 09 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 RENTSUP P L E M ENT ( RES CI SSI O N ) of theamoun t sr e c a p ture d from term i nated contracts under section 10 1 of the H ousin g and U r b an D e v e l opment A ctof1 965( 1 2 U .S . C . 1 7 01s ) and section 2 3 6ofthe N ational Housing Act (12 U.S.C. 1715 z– 1) $ 72, 036,000 are rescinded
 * Provide

d, T hat no amounts ma y be rescinded from amounts that w ere designated by the Congress as an emergency re q uirement pursuant to the Concurrent R esolution on the B udget or the Balanced Budget and E mergency Deficit Control Act of 19 8 5, as amended. P AY MENT TO MANU F ACTURE DH OUSIN G FEES TRUST FUND F or necessary e x penses as authorized by the National M anufac - tured Housing Construction and Safety Standards Act of 197 4 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain available until expended, of which $7,000,000 is to be derived from the Manufac- tured Housing Fees Trust Fund: Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and ma k e expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided fu r th er, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2010 so as to result in a final fiscal year 2010 appropriation from the general fund estimated at not more than $9,000,000 and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2010 appropriation: Provided further, That for the dispute resolution and installation programs, the Secretary of Housing and Urban Development may assess and collect fees from any program participant: Provided further, That such collections shall be depos- ited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected under section 620, for necessary expenses of such Act: Provided further, That notwith- standing the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers that are paid directly by the recipients of their services. FEDERAL HOUSING ADMINISTRATION MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) During fiscal year 2010, commitments to guarantee single family loans insured under the Mutual Mortgage I nsurance Fund shall not exceed a loan principal of $400,000,000,000: Provided, That for new loans guaranteed pursuant to section 255 of the National Housing Act (12 U.S.C. 1715z–20), the Secretary shall ad j ust the factors used to calculate the principal limit (as such term is defined in HUD Handbook 4235.1) that were assumed in the P resident ’ s Budget Request for 2010 for such loans, as necessary to ensure that the program operates at a net zero subsidy rate: Provided further, That during fiscal year 2010, obligations


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Page:United States Statutes at Large Volume 123.djvu/3111

 123STA T . 3 09 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 tomakedir e c t l oa ns to carr y o u tt h e p urposes o f section 204(g) of the N ational H ousing A ct , as amended, shall not e x ceed $5 0,000,000
 * Provide

d fu r th er, T hat the foregoing amount shall b e for loans to nonprofit and go v ernmental entities in connection w ith sales of single family real properties owned by the S ecretary and formerly insured under the M utual Mortgage I nsurance F und . For administrative contract expenses of the Federal Housing Administration, $ 18 8, 9 00,000, of which up to $ 7 0,794,000 may be transferred to the W orking C apital Fund, and of which up to $7,500,000 shall be for education and outreach of FHA single family loan products: Provided further, That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2010, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $ 3 0,000,000. GEN E RAL AN DSP E CI AL RIS K PR O GRA M ACCO U N T For the cost of guaranteed loans, as authori z ed by sections 238 and 519 of the National Housing Act (12 U .S.C. 1715z – 3 and 1735c), including the cost of loan guarantee modifications, as that term is defined in section 502 of the Congressional B udget Act of 1974, as amended, $8, 6 00,000, to remain available until expended: Provided , That commitments to guarantee loans shall not exceed $15,000,000,000 in total loan principal, any part of which is to be guaranteed. G ross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $20,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of single - family real properties owned by the Secretary and formerly insured under such Act. GO V ERNMENT NATIONAL MORTGAGE ASSOCIATION GUARANTEES O F MORTGAGE- B ACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to remain available until September 30, 2011. P OLIC YD EVELOPMENT AND R ESEARC H RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et se q .), including carrying out the functions of the Secretary of Housing and Urban Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of 1968, $48,000,000, to remain available until Sep- tember 30, 2011.


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Page:United States Statutes at Large Volume 123.djvu/3112

 123STA T . 3 09 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 FAIRHOUS I NG AN DEQ UA LOP POR T UNIT YF AIR H OUSING A C TI V ITI E S F orc o nt r a ct s,g rants, an d ot he r ass i stance, not other w ise p ro -v ided f or,asa u thori z ed by tit l e VI II of the C ivil R ights A ct of 1968 ,asa m ended by the Fair Housing Amendments Act of 1988, and section 5 61 of the Housing and Community D evelopment Act of 198 7, as amended, $ 7 2, 0 00,000, to remain available until S ep- tember 3 0, 2011, of which $ 4 2,500,000 shall be to carry out activities pursuant to such section 561
 * Provide

d, T hat notwithstanding 31 U. S.C. 3302, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to provide such training: Provided fu r th er, That no funds made available under this heading shall be used to lobby the e x ecutive or legislative branches of the Federal G overnment in connection with a specific contract, grant or loan: Provided fur - ther, That of the funds made available under this heading, $500,000 shall be available to the Secretary of Housing and Urban Develop- ment for the creation and promotion of translated materials and other programs that support the assistance of persons with limited English proficiency in utilizing the services provided by the Depart- ment of Housing and Urban Development. OFFICE OF L EAD HA Z ARD CONTROL AND HEALTHY HO M ES LEAD HAZARD REDUCTION For the Lead Hazard Reduction P rogram, as Authorized by section 1011 of the Residential Lead- B ased Paint Hazard Reduction Act of 1992, $140,000,000, to remain available until September 30, 2011, of which not less than $20,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including edu- cation and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided, That for purposes of environmental review, pursuant to the N ational Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et se q . ) and other provisions of the law that further the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special pro j ect for purposes of section 305(c) of the M ultifamily Housing Property Disposition Reform Act of 1994: Provided further, That of the total amount made available under this heading, $48,000,000 shall be made available on a competitive basis for areas with the highest lead paint abatement needs: Provided further, That each recipient of funds provided under the second proviso shall ma k e a matching contribution in an amount not less than 25 percent: Provided fur- ther, That the Secretary may waive the matching requirement cited in the preceding proviso on a case by case basis if the Secretary determines that such a waiver is necessary to advance the purposes of this program: Provided further, That each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a notice of funding availability: Provided Plans.Str at egy . No t ic e. W ai v era u t h ority. D eter m ination. L o b bying.


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Page:United States Statutes at Large Volume 123.djvu/3113

 123STA T . 3 09 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 furthe r ,That a moun t s ma de a v a il a b le unde r this headin g in this or p rior appropriations Ac ts, and that still remain available, ma y be used f or any purpose under this heading not w ithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program com - petitions under this heading that are oversubscribed .MAN A GEM EN T AN D ADM I NI S T R ATI O N W OR K ING C A P ITA LFU ND ( INCLUDING TRANSFER OF FUNDS )F or additional capital for the W or k ing C apital Fund (42U . S .C. 35 35 ) for the maintenance of infrastructure for D epartment-wide information technology systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for program-related maintenance activi- ties, $ 2 0 0,000,000, to remain available until September 30, 20 1 1
 * P

r ovid ed, That any amounts transferred to this Fund under this Act shall remain available until e x pended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts or from within this Act may be used only for the purposes specified under this Fund, in addition to the purposes for which such amounts were appro- priated: Provided further, That up to $15,000,000 may be trans- ferred to this account from all other accounts in this title (except for the O ffice of the I nspector G eneral account) that make funds available for salaries and expenses. OFFICE OF INSPECTOR GENERAL For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1 978 ,as amended, $125,000,000: Provided, That the Inspector General shall have independent authority over all personnel issues within this office. TRANSFORMATION INITIATI V E (INCLUDING TRANSFER OF FUNDS) For necessary expenses for combating mortgage fraud, $20,000,000, to remain available until expended. In addition, of the amounts made available in this Act under each of the following headings under this title, the Secretary may transfer to, and merge with, this account up to 1 percent from each such account, and such transferred amounts shall be available until September 30, 2012, for (1) research, evaluation, and program metrics (2) program demonstrations; (3) technical assistance and capacity building; and (4) information technology: ‘ ‘ P ublic H ousing Capital Fund ’ ’, ‘‘ R evitali z ation of Severely Distressed Public Housing’’, ‘‘ B rownfields Redevelopment’’, ‘‘Section 108 L oan Guaran- tees’’, ‘‘ E nergy Innovation Fund’’, ‘‘Housing Opportunities for Per- sons With AIDS’’, ‘‘Community Development Fund’’, ‘‘HOME Invest- ment Partnerships Program’’, ‘‘Self-Help and Assisted Homeowner- ship Opportunity Program’’, ‘‘Housing for the Elderly’’, ‘‘Housing for Persons With Disabilities’’, ‘‘Housing Counseling Assistance’’,


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Page:United States Statutes at Large Volume 123.djvu/3114

 123STA T . 3 094PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 ‘ ‘ Payment t oM an uf a c tu r e dH ou si n gF ees T rust Fund ’ ’, ‘‘Mutua l Mortgage I nsurance Program A ccount’’, ‘‘ G eneral and Sp ecial R is k Program Account’’, ‘‘Researc h and Technology’’, ‘‘ L ead Ha z ard Reduction’’, ‘‘Rental Housing Assistance’’, and ‘‘Fair Housing Acti v i - ties’’
 * Provide

d, That of the amounts made availa b le under this paragraph, not less than $80 ,000,000 and not more than $ 1 80,000,000 shall be available for information technology mod- ernization, including development and deployment of a N e x t Generation of V oucher Management System and development and deployment of modernized Federal Housing Administration systems: Provided fu r th er, That not more than 25 percent of the funds made available for information technology modernization may be obligated until the Secretary submits to the C ommittees on Appro- priations a plan for expenditure that ( 1 ) identifies for each mod- ernization pro j ect (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost, and (c) key milestones to be met (2) dem- onstrates that each modernization project is (a) compliant w ith the department’s enterprise architecture, (b) being managed in accordance with applicable lifecycle management policies and guid- ance, (c) subject to the department’s capital planning and invest- ment control re q uirements, and (d) supported by an adequately staffed project office; and ( 3 ) has been reviewed by the Government Accountability O ffice: Provided further, That of the amounts made available under this paragraph, not less than $ 4 5,000,000 shall be available for technical assistance and capacity building: Provided further, That technical assistance activities shall include, technical assistance for H UD programs, including HOM E , Community Development B lock Grant, homeless programs, HOP W A, HOPE VI, Public Housing, the Housing Choice Voucher Program, Fair Housing Initiative Program, Housing Counseling, Healthy Homes, Sustainable Communities, Energy Innovation Fund and other tech- nical assistance as determined by the Secretary: Provided further, That of the amounts made available for research, evaluation and program metrics and program demonstrations, the Secretary shall include an assessment of the housing needs of Native Americans, including sustainable building practices: Provided further, That of the amounts made available for research, evaluation and program metrics and program demonstrations, the Secretary shall include an evaluation of the Moving-to-Work demonstration program: Pro - vided further, That the Secretary shall submit a plan to the House and Senate Committees on Appropriations for approval detailing how the funding provided under this heading will be allocated to each of the four categories identified under this heading and for what projects or activities funding will be used: Provided further, That following the initial approval of this plan, the Secretary may amend the plan with the approval of the House and Senate Commit- tees on Appropriations . G EN E RAL PR OVIS IONS — DE P AR TM ENT O F HO U SIN G AN D UR B AN DEVELOPMENT SE C . 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. Mc K inney Homeless Assistance Amendments Act of 1 9 88 (42 U.S.C. 143 7 note) shall be rescission Al l ocati o np lan .Ev al u ation. A s s e ss m ent. N ative Ame r icans. E x pen d iture plan.


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Page:United States Statutes at Large Volume 123.djvu/3115

 123STA T . 3 095PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 orinthecas eo f cash , sha l l b ere m itte d to the T reas u r y , and such amounts of bud g et authority or cash reca p tured and not rescis - sion or remitted to the Treasury shall be used by S tate housing finance agencies or local go v ernments or local housing agencies w ith pro j ects approved by the Secretary of H ousing and U rban D evelopment for which settlement occurred after J anuary 1 ,1 9 9 2, in accordance with such section .N otwithstanding the previous sen- tence, the Secretary may award up to 1 5 percent of the budget authority or cash recaptured and not rescission or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. S EC . 2 0 2. None of the amounts made available under this A ct may be used during fiscal year 2010 to investigate or prosecute under the F air Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a G overnment official or entity, or a court of competent jurisdiction. SEC. 20 3 . ( a ) Notwithstanding section 8 5 4 (c)(1)(A) of the A I DS Housing O pportunity Act (42 U.S. C . 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 2010 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and ma k e a grant, in the amount determined under subsection (b), for any State that — (1) received an allocation in a prior fiscal year under clause (ii) of such section and (2) is not otherwise eligible for an allocation for fiscal year 2010 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that q ualify under clause (i) in fiscal year 2010 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause. (b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumu- lative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of such section 854(c)(1)(A) in fiscal year 2010, in proportion to AIDS cases among cities and States that qualify under clauses (i) and (ii) of such section and States deemed eligible under sub- section (a). (c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2010 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New Y ork, New York, on behalf of the New York- W ayne-White P lains, New York-New Jersey M etropolitan Division (hereafter ‘ ‘metropoli- tan division ’ ’) of the New York-Newark- E dison, NY-NJ-PA Metro- politan Statistical Area, shall be adjusted by the Secretary of Housing and Urban Development by (1) allocating to the City of Jersey City, New Jersey, the proportion of the metropolitan area’s or division’s amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Hudson County, New Jersey, and adjusting for the proportion of the metropolitan division’s high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS; and (2) allocating to the City of Paterson, New Jersey, the proportion of the metropolitan area’s or division’s amount that is based on the number of cases of AIDS reported NewJ e rs e y.G r ant s. AIDS .


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 123STA T . 3 096PUBLIC LA W 111 – 11 7—DE C. 16 , 2009 inthepor tion o f the m etropo l it a n area or d i v i s ion that is lo c ated in B er g en C o u nt y and P assaic County ,N e wJ ersey, and ad j usting for the proportion of the metropolitan division ’ s high incidence b onus if this area in New Jersey also has a higher than average per capita incidence of AIDS.T he recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 85 5 of the AIDS H ousing O pportunity Act (42U .S.C. 1 2 90 4 ) in their respective portions of the metropolitan division that is located in New Jersey. (d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2010 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 1290 3 (c)) to areas with a higher than average per capita incidence of AIDS, shall be adjusted by the Secretary on the basis of area incidence reported over a 3 - year period. S EC . 204. Ex cept as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Develop- ment R eform Act of 1989 (42 U.S.C. 3545). SEC. 205. F unds of the Department of Housing and Urban Development subject to the G overnment Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal serv- ices on a contract or fee basis, and for utili z ing and ma k ing payment for services and facilities of the Federal National M ortgage Associa- tion, Government National Mortgage Association, Federal Home L oan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811 – 1). SEC. 20 6 . Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. SEC. 20 7 . Corporations and agencies of the Department of Housing and Urban Development which are subject to the Govern- ment Corporation Control Act, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2010 for such corporation or agency except as hereinafter provided
 * Provide

d, That collections of these corpora- tions and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage pur- chases are necessary to protect the financial interest of the United States Government. SEC. 208. The Secretary of Housing and Urban Development shall provide q uarterly reports to the House and Senate Committees Deadlin e s.R e port s. Bu d g et. T i m e period.


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 123STA T . 3 097PUBLIC LA W 111 – 117 —DE C.1 6, 2009 onAp p r opr iat ion s r eg ar d ing a l l u n c o m mitted , uno b ligated, recap - tured and e x cess f unds in eac h program and acti v it yw ithin the j urisdiction of the D epartment and shall submit additional, updated budget information to these C ommittees upon re q uest .SEC . 209 . ( a )N otwithstanding any other provision of law, the amount allocated for fiscal year 20 1 0 under section 854 (c) of the A I DS H ousing O pportunity Act (42 U .S.C. 1290 3 (c)), to the City of W ilmington, Delaware, on behalf of the Wilmington, Delaware- M aryland-New J ersey Metropolitan Division (hereafter ‘ ‘metropoli- tan division ’ ’), shall be adjusted by the Secretary of Housing and Urban Development by allocating to the State of New Jersey the proportion of the metropolitan division’s amount that is based on the number of cases of AIDS reported in the portion of the metropoli- tan division that is located in New Jersey, and adjusting for the proportion of the metropolitan division’s high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. T he State of New Jersey shall use amounts allocated to the State under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the metropolitan division that is located in New Jersey. (b) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall allocate to Wa k e County, North Carolina, the amounts that otherwise would be allocated for fiscal year 2010 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City of R aleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli- tan Statistical Area. Any amounts allocated to Wake County shall be used to carry out eligible activities under section 855 of such Act (42 U.S.C. 12904) within such metropolitan statistical area. (c) Notwithstanding section 854(c) of the AIDS Housing Oppor- tunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development may adjust the allocation of the amounts that other- wise would be allocated for fiscal year 2010 under section 854(c) of such Act, upon the written request of an applicant, in conjunction with the State(s), for a formula allocation on behalf of a metropoli- tan statistical area, to designate the State or States in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. In the case that a metropolitan statistical area involves more than one State, such amounts allocated to each State shall be in proportion to the number of cases of AIDS reported in the portion of the metropolitan statistical area located in that State. Any amounts allocated to a State under this section shall be used to carry out eligible activities within the portion of the metropolitan statistical area located in that State. SEC. 210. The P resident’s formal budget request for fiscal year 2011, as well as the Department of Housing and Urban Develop- ment’s congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account struc- ture provided under this Act. SEC. 211. A public housing agency or such other entity that administers F ederal housing assistance for the Housing Authority of the county of L os Angeles, California, the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 193 7 on the board of directors Sta t elis ti ng.Bud get r e q uest. No rt hC arolina. AID S. Ne wJ erse y .


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 123STA T . 3 098PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 orasim i l ar g o ve r n ing b oar d o f s uch agenc y or en t ity as re q uired under section (2) (b) of such A ct .E ach p ublic housing agency or other entity that administers F ederal housing assistance under section 8 for the H ousing Authority of the county of L os Angeles ,C alifornia and the S tates of Alas k a, I o w a and M ississippi that chooses not to include a resident of P ublic Housing or a recipient of section 8 assistance on the board of directors or a similar gov - erning board shall establish an advisory board of not less than si x residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. S EC .2 1 2. (a) N otwithstanding any other provision of law, sub- j ect to the conditions listed in subsection (b), for fiscal years 2 0 10 and 2011, the Secretary of Housing and U rban D evelopment may authori z e the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects. (b) T he transfer authorized in subsection (a) is subject to the following conditions (1) The number of low-income and very low-income units and the net dollar amount of Federal assistance provided by the transferring project shall remain the same in the receiving project or projects. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically non- viable. ( 3 ) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. ( 4 ) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. ( 5 ) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. ( 6 ) The Secretary determines that this transfer is in the best interest of the tenants. ( 7 ) If either the transferring project or the receiving project or projects meets the condition specified in subsection (c)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary. (8) If the transferring project meets the requirements of subsection (c)(2)(E), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. ( 9 ) Any financial risk to the FHA G eneral and Special R isk Insurance Fund, as determined by the Secretary, would Records.C o nt r a cts. D eter mi nation. N oti f ication. Cons ul tation. Certification. S tandards. T ransfer aut h orit y . E sta b lishment.


text: Dictionary of National Biography, 1885-1900/Moore, Graham


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 123STA T . 3 09 9 PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 ber e duc ed as a resu ltof a tra n sfer co mp leted under t hi s section .(10)T he S ecretar y determines that F ederal liability w ith re g ard to this pro j ect will not be increased. (c) For purposes of this section — (1) the terms ‘ ‘low - income ’ ’and‘‘ v ery low-income’’ shall have the meanings provided by the statute and / or regulations governing the program under which the project is insured or assisted ( 2 ) the term ‘‘multifamily housing project’’ means housing that meets one of the following conditions— ( A ) housing that is subject to a mortgage insured under the N ational H ousing Act; ( B ) housing that has project-based assistance attached to the structure including projects undergoing mar k to market debt restructuring under the M ultifamily Assisted Housing R eform and Affordability Housing Act; ( C ) housing that is assisted under section 202 of the Housing Act of 1 95 9 as amended by section 8 01 of the Cranston- G on z ales National Affordable Housing Act; ( D ) housing that is assisted under section 202 of the Housing Act of 1959 , as such section e x isted before the enactment of the Cranston-Gonzales National Affordable Housing Act; or ( E ) housing or vacant land that is subject to a use agreement; ( 3 ) the term ‘‘project-based assistance’’ means— (A) assistance provided under section 8(b) of the U nited States Housing Act of 193 7 (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before O ctober 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 19 6 5; (D) interest reduction payments under section 236 and/ or additional assistance payments under section 236(f)(2) of the National Housing Act; and (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959; ( 4 ) the term ‘‘receiving project or projects’’ means the multi- family housing project or projects to which some or all of the project-based assistance, debt, and statutorily re q uired use low-income and very low-income restrictions are to be trans- ferred; (5) the term ‘‘transferring project’’ means the multifamily housing project which is transferring some or all of the project- based assistance, debt and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; and (6) the term ‘‘Secretary’’ means the Secretary of Housing and Urban Development. S EC . 213. The funds made available for Native Alaskans under the heading ‘‘Native American Housing Block Grants’’ in title I II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005. NativeAl a sk a n s .D e f initi o ns. Dete rm ination.


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 123STA T . 31 0 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.214 . Nofundspr o vi d e d under th is tit l e mayb e used for an audit of the G overnment National M ort g age A sso c iation that ma k es applicable re q uirements under the F ederal C redit R eform Act of 1 9 9 0( 2 U .S.C. 6 61 et seq. ) . SEC. 21 5 . (a) No assistance shall be provided under section 8 of the United States H ousing Act of 19 37 (42 U.S.C. 1437f) to any individual w ho — (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher E ducation Act of 1965 (20 U.S.C. 1002)) (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities , as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or j ointly, are not eligible, to receive assist - ance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in e x cess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children. SEC. 216. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715 z– g)), the Secretary of Housing and Urban D evelopment may, until September 30, 2010, insure and enter into commitments to insure mortgages under section 255(g) of the National Housing Act (12 U.S.C. 1715z–20). SEC. 217. Notwithstanding any other provision of law, in fiscal year 2010, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. T o the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( ‘ ‘MAHRAA ’ ’) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps Det e rmina ti o n .C ontra c t s . Aud its.


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 123STA T . 31 0 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9toensur et ha t p ro j e c t -b ase d contracts re m a i nine f fect prior to forec l osure , subject to the e x ercise of contractual abatement rem- edies to assist relocation of tenants for imminent major threats to health and safet y.A fter disposition of any multifamily property described under this section, the contract and allo w able rent le v els on such properties shall be subject to the re q uirements under section 524 of M A HR AA. SEC . 2 18 . D urin g fiscal year 2 0 10, in the provision of rental assistance under section 8 ( o ) of the U nited States Housing Act of1 937 (42 U.S. C . 1437f(o)) in connection with a program to dem- onstrate the economy and effectiveness of providing such assistance for use in assisted living facilities that is carried out in the counties of the State of Michigan notwithstanding paragraphs (3) and (18)( B )(iii) of such section 8(o), a family residing in an assisted living facility in any such county, on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the time the family initially receives such assistance, to pay rent in an amount exceeding 40 percent of the monthly adjusted income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate. SEC. 219. T he Secretary of Housing and Urban Development shall report quarterly to the House of Representatives and Senate Committees on Appropriations on HUD ’ s use of all sole source contracts, including terms of the contracts, cost, and a substantive rationale for using a sole source contract. SEC. 220. N otwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q) after December 2 6, 2000, in accordance with the unnumbered paragraph at the end of section 202(b) of such Act, may, at its option, establish a single-asset nonprofit entity to own the project and may lend the grant funds to such entity, which may be a private nonprofit organi z ation described in section 831 of the American Homeownership and E conomic O pportunity Act of 2000. SEC. 221. (a) The amounts provided under the subheading ‘ ‘ P rogram Account’’ under the heading ‘‘Community Development L oan G uarantees’’ may be used to guarantee, or ma k e commitments to guarantee, notes, or other obligations issued by any State on behalf of non-entitlement communities in the State in accordance with the requirements of section 108 of the Housing and Community Development Act of 1974
 * Provide

d, That, any State receiving such a guarantee or commitment shall distribute all funds subject to such guarantee to the units of general local government in non- entitlement areas that received the commitment. (b) Not later than 60 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall promulgate regulations governing the administration of the funds described under subsection (a). SEC. 222. Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended — (1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all that follows through the period at the end and inserting ‘‘fiscal year 2010.’’ and (2) in subsection (o), by striking ‘‘September’’ and all that follows through the period at the end and inserting ‘‘September 30, 2010.’’. Deadlin e .R e gu la t i o n s. Re p o r ts. Deadlines. C ontra c ts. M ic h igan. Contracts. Deter m ination.


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Page:United States Statutes at Large Volume 123.djvu/3122

 123STA T . 31 0 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.2 2 3 . Publicho u s i nga g e ncies t hat o w nan d o p e r ate 40 0 or f ewer public housing units m a y elect to be e x empt from any asset management re q uirement imposed by the Secretary of H ousing and U rban D e v elopment in connection with the operating fund rule
 * Provide

d ,T hat an agency see k ing a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements. SEC. 224. W ith respect to the use of amounts provided in this A ct and in future Acts for the operation, capital improvement and management of public housing as authori z ed by sections 9( d ) and 9(e) of the United States Housing Act of 1 93 7 (42 U.S. C . 1437g(d) and (e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under section 9(g)(1) or 9(g)(2). SEC. 22 5 . N o official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the O ffice of the Chief F inancial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control proce - dures and directives. The Chief Financial Officer shall ensure that, not later than 90 days after the date of enactment of this Act, a trained allotment holder shall be designated for each HUD sub- account under the headings ‘ ‘ E xecutive Direction ’ ’ and heading ‘‘Administration, Operations, and M anagement’’ as well as each account receiving appropriations for ‘‘personnel compensation and benefits’’ within the Department of Housing and Urban Develop- ment. SEC. 22 6 . The Secretary of Housing and Urban Development shall report quarterly to the House of R epresentatives and Senate Committees on Appropriations on the status of all section 8 pro j ect- based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall in the report identify all existing units maintained by region as section 8 project-based units and all project-based units that have opted out of section 8 or have otherwise been eliminated as section 8 project-based units. The Secretary shall identify in detail and by project all the efforts made by the Department to preserve all section 8 project-based housing units and all the reasons for any units which opted out or otherwise were lost as section 8 project-based units. Such analysis shall include a review of the impact of the loss of any subsidized units in that housing market- place, such as the impact of cost and the loss of available subsidized, low-income housing in areas with scarce housing resources for low- income families. SEC. 227. Payment of attorney fees in program-related litigation must be paid from individual program office personnel benefits and compensation funding. The annual budget submission for pro- gram office personnel benefit and compensation funding must include program-related litigation costs for attorney fees as a sepa- rate line item request. Reports.D e adlin es. Deadline. Desi g nation. A llot m ent h older. Determination. 42USC1 4 37 g note. Ex emption.


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Page:United States Statutes at Large Volume 123.djvu/3123

 123STA T . 31 0 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.2 2 8 . The Se cr e ta r yof the D e p art m e n tof H o usi n g an dU r b an De v e l opment shall for F iscal Y ear 2 01 0 and subse q uent fiscal years , notify the public through the Federal R egister and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NO F A) for any program or discretionary fund administered by the Secretary that is to be competitively a w arded. Notwithstanding any other provision of law, for Fiscal Year 2010 and subsequent fiscal years, the Secretary may ma k e the NOFA available only on the I nternet at the appropriate government website or websites or through other electronic media, as determined by the Secretary. SEC. 22 9 . (a) A P P ROVAL O FP REPA YM E NT OF DE B T. — Upon request of the pro j ect sponsor of a project assisted with a loan under section 202 of the Housing Act of 19 5 9 (as in effect before the enactment of the C ranston -G on z alez National Affordable Housing Act), for which the Secretary ’ s consent to prepayment is required, the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which— (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to e x isting and future tenants as the terms required by the original loan agreement or any project-based rental assistance payments contract under section 8 of the United States Housing Act of 19 37 (or any other project-based rental housing assistance programs of the Department of Housing and Urban Development, including the rent supple- ment program under section 101 of the Housing and Urban Development Act of 19 6 5 (12 U.S.C. 1701s)) or any successor project-based rental assistance program, except as provided by subsection (a)(2)( B ) and (2) the prepayment may involve refinancing of the loan if such refinancing results— (A) in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan; or (B) in the case of a project that is assisted with a loan under such section 202 carrying an interest rate of 6 percent or lower, a transaction under which— (i) the project owner shall address the physical needs of the project; (ii) the prepayment plan for the transaction, including the refinancing, shall meet a cost benefit analysis, as established by the Secretary, that the ben- efit of the transaction outweighs the cost of the trans- action including any increases in rent charged to unassisted tenants; (iii) the overall cost for providing rental assistance under section 8 for the project (if any) is not increased, except, upon approval by the Secretary to— (I) mark-up-to-market contracts pursuant to section 52 4 (a)(3) of the M ultifamily Assisted Housing Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried out by the Secretary for properties owned by nonprofit organizations; or Coste st ima te .W e bp osti ng . N oti f i c ation. F e d e r a lR egister , p u blication. 42US C 35 45a.


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Page:United States Statutes at Large Volume 123.djvu/3124

 123STA T . 31 04PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9(I I )mark-up - to - b u dge t c o n tract s pursuant to sect i on 524 (a)(4) o f t h e M u l tifamil yA ssisted H ousing R eform and Affordability Act (42 U.S . C . 1 4 37 f note) , as such section is carried out by the Secretary for properties o w ned by eligible owners (as such term is defined in section 2 0 2(k) of the Housing Act of 1 9 59 (12 U.S.C. 1701 q (k)) (i v ) the pro j ect owner may charge tenants rent sufficient to meet debt service payments and operating cost requirements, as approved by the Secretary, if project-based rental assistance is not available or is insufficient for the debt service and operating cost of the project after refinancing. Such approval by the Secretary — (I) shall be the basis for the owner to agree to terminate the project-based rental assistance contract that is insufficient for the debt service and operating cost of the project after refinancing; and (II) shall be an eligibility event for the project for purposes of section 8 (t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)); (v) units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) shall, upon termination of the occu- pancy of such tenants, become eligible for project-based assistance under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard to the percentage limitations provided in such section; and (vi) there shall be a use agreement of 20 years from the date of the maturity date of the original 202 loan for all units, including units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)). S EC . 230. N o property identified by the Secretary of Housing and Urban D evelopment as surplus F ederal property for use to assist the homeless shall be made available to any homeless group unless the group is a member in good standing under any of HUD ’ s homeless assistance programs or is in good standing with any other program which receives funds from any other Federal or State agency or entity
 * Provide

d, T hatane x ception may be made for an entity not involved with Federal homeless programs to use surplus Federal property for the homeless only after the Secretary or another responsible Federal agency has fully and com- prehensively reviewed all relevant finances of the entity, the track record of the entity in assisting the homeless, the ability of the entity to manage the property, including all costs, the ability of the entity to administer homeless programs in a manner that is effective to meet the needs of the homeless population that is expected to use the property and any other related issues that demonstrate a commitment to assist the homeless: Provided fu r th er, That the Secretary shall not require the entity to have cash in hand in order to demonstrate financial ability but may rely on the entity’s prior demonstrated fundraising ability or commitments for in-kind donations of goods and services: Provided further, That the Secretary shall make all such information and its decision Homel e s s .C o ntrac ts. Ti me p erio d .


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 123STA T . 31 05PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9rega r din g th ea w ard of the su r pl us propert y a v aila b le to the c o m mit - tees of j urisdiction , including a full justification of the appropriate- ness of the use of the property to assist the homeless as well as the appropriateness of the group see k ing to obtain the property to use such property to assist the homeless
 * Provide

d fu r th er, T hat, this section shall apply to properties in fiscal years 20 0 9 and 20 1 0 made available as surplus F ederal property for use to assist the homeless .SEC . 2 3 1. The Secretary of the D epartment of H ousing and U rban Development is authori z ed to transfer up to 5 percent of funds appropriated for any account under this title under the heading ‘ ‘ P ersonnel C ompensation and B enefits ’ ’ to any other account under this title under the heading ‘‘Personnel Compensation and Benefits’’ only after such transfer has been submitted to, and received prior written approval by, the House and Senate Commit- tees on A ppropriations: Provided, That, no appropriation for any such account shall be increased or decreased by more than 10 percent by all such transfers. SEC. 232. The Secretary of Housing and Urban Development may increase, pursuant to this section, the number of M oving- to- W ork agencies authorized under section 20 4, title I I, of the Departments of V eterans Affairs and Housing and Urban Develop- ment and Independent Agencies Appropriations Act, 199 6( Public L aw 104 – 134 110 Stat. 1321 ) by adding to the program three Public Housing Agencies that meet the following re q uirements: is a High Performing Agency under the Public Housing Assessment System (PHAS). N o PHA shall be granted this designation through this section that administers in e x cess of 5,000 aggregate housing vouchers and public housing units. No PHA granted this designation through this section shall receive more funding under sections 8 or 9 of the United States Housing Act of 193 7 than they otherwise would have received absent this designation. In addition to other reporting requirements, all Moving-to-Work agencies shall report financial data to the Department of Housing and Urban Develop- ment as specified by the Secretary, so that the effect of Moving- to-Work policy changes can be measured. SEC. 233. Notwithstanding any other provision of law, in deter- mining the market value of any multifamily real property or multi- family loan for any noncompetitive sale to a State or local govern- ment, the Secretary shall in fiscal year 2010 consider, but not be limited to, industry standard appraisal practices, including the cost of repairs needed to bring the property into such condition as to satisfy minimum State and local code standards and the cost of maintaining the affordability restrictions imposed by the Secretary on the multifamily real property or multifamily loan. SEC. 234. The Disaster Housing Assistance Programs, adminis- tered by the Department of Housing and Urban Development, shall be considered a ‘‘program of the Department of Housing and Urban Development’’ under section 904 of the Mc K inney Act for the pur- pose of income verifications and matching. SEC. 235. (a) I NG ENE RAL . — The Secretary of Housing and Urban Development shall prepare a report, and post such report on the public website of the Department of Housing and Urban Development (in this section referred to as the ‘‘Department’’), regarding the number of homes owned by the Department and the budget impact of acquiring, maintaining, and selling such homes. Reports.W e b post ing . Reports. Re qu ire m ents. T r a ns f er aut h orit y . S ubmission. A pp l i c ability.


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 123STA T . 31 06PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9(b)CONTE NT .—Ther e po r t re qui re d b y thi s se c tio n sh al l include— ( 1 )thenu m ber o f residential homes that the D epartment o w ned durin g the years 20 0 4 through 200 9; (2) an itemi z ed brea k down of the total annual financial impact , including losses and gains from selling homes and maintenance and acquisition of homes, of home ownership by the Department since 2004; ( 3 ) a detailed e x planation of the reasons for the ownership by the Department of the homes; (4) a list of the 10 urban areas in which the Department owns the most homes and the rate of homelessness in each of those areas; and ( 5 )alistofthe10 S tates in which the Department owns the most homes and the rate of homelessness in each of those States. SE C .23 6 . The matter under the heading ‘ ‘Community De v elop - ment F und ’ ’, under the heading ‘‘Community P lanning and Develop- ment’’, under the heading ‘‘Department of H ousing and U rban Development’’ in chapter 10 of title I of division B of the Consoli- dated Security, Disaster A ssistance, and Continuing Appropriations Act, 2009 (Public L aw 110 – 329; 122 Stat. 3601) is amended by striking ‘‘
 * Provide

d fu r th er, That none of the funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program’’. This title may be cited as the ‘‘Department of Housing and Urban Development Appropriations Act, 2010’’. TITL E III R ELATED A G E N CIES ACCE S SBO ARD SA L AR I ESANDE XP ENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 19 7 3, as amended, $ 7,300,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. FEDERAL M ARITI M E COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, $24,135,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses.


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 123STA T . 31 07PUBLIC LA W 111 – 117 —DE C.1 6, 200 9NATION A LR AIL R OA DP A S S E N G ER C OR P ORATION O F FI C E OF INSPECTOR GENERAL SALARIES AND E X PENSES Fornec e s s a r y e xp enses o fth e O ff i ce of I nspector G enera l for the National Railroa d Passen g er Corporation to carry o u t the pro v i - sions of the Inspector General A ct of 1978, asa m ended, $ 19, 0 00,000
 * Provide

d, T hat the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5U.S .C. App. 3) , to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), b y any person or entity that is sub j ect to regulation by the National Railroad Passenger Corporation: Provided fu r th er, That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services w ith public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided fur - ther, That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within Amtra k
 * Provided

further, That concurrent with the President ’ s budget re q uest for fiscal year 2 011, the Inspector General shall submit to the H ouse and Senate Committees on Appropriations a budget request for fiscal year 2011 in similar format and substance to those submitted by executive agencies of the Federal Government. NATIONAL TRANSPORTATION SAFET YB OARD SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft services as authori z ed by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS – 15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902) $98,050,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided, That of the funds provided under this heading, $2, 4 1 6 ,000 shall remain available through September 30, 2011: Provided further, That of the funds provided, up to $100,000 shall be provided through reimbursement to the D epartment of Transportation’s Office of Inspector General to audit the National Transportation Safety Board’s financial statements. The amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital lease. NEIG HB ORHOOD REIN V EST M ENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by Audits.B ud ge t r e q uests.


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 123STA T . 31 08PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9theN e ig h bor hoo dR ei nv e s t m ent C or p or a tion Ac t (42U.S .C. 810 1 – 810 7),$ 1 3 3,000,000, o fw hich $ 5 ,000,000 sha l lbeforam u lti - famil y rental housing program
 * Provide

d, T hat section 6 05(a) of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is amended by adding at the end of the first sentence, prior to the period, ‘ ‘,e x cept that the board-appointed officers may be paid salary at a rate not to exceed level I Iofthe E xecutive Schedule ’ ’: Provided fu r th er, That in addition, $35,000,000 shall be made avail- able until expended for capital grants to rehabilitate or finance the rehabilitation of affordable housing units, including necessary administrative expenses: Provided further, That in addition, $65,000,000 shall be made available until expended to the Neighbor- hood Reinvestment Corporation for mortgage foreclosure mitigation activities, under the following terms and conditions: (1) The Neighborhood Reinvestment Corporation (‘‘NRC’’), shall ma k e grants to counseling intermediaries approved by the D epartment of H ousing and Urban Development (HUD) (with match to be determined by the NRC based on affordability and the economic conditions of an area a match also may be waived by the NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation assistance primarily to States and areas with high rates of defaults and foreclosures to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk of such foreclosure. O ther than areas with high rates of defaults and foreclosures, grants may also be provided to approved coun- seling intermediaries based on a geographic analysis of the Nation by the NRC which determines where there is a preva- lence of mortgages that are risky and likely to fail, including any trends for mortgages that are likely to default and face foreclosure. A State Housing F inance Agency may also be eligible where the State Housing Finance Agency meets all the re q uirements under this paragraph. A HUD-approved coun- seling intermediary shall meet certain mortgage foreclosure mitigation assistance counseling requirements, as determined by the NRC, and shall be approved by HUD or the NRC as meeting these requirements. (2) M ortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mort- gages shall likely be sub j ect to a foreclosure action and home- owners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction pay- ments. (3) The use of Mortgage Foreclosure Mitigation Assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower’s financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non- Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and Requir e m e nts.G r a nts. W ai v er aut ho rit y . F ore cl osures. 42USC810 4.


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 123STA T . 31 09PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 adviceof a l lli k el yr e st r u cturi ng and refinancing strategies ort h ea p proval of a w ork - out strategy b y all interested parties .(4)NRCm ay provide up to 15 percent of the total funds under this paragraph to its own charter members with e x pertise in foreclosure prevention counseling , sub j ect to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable conflict of interest or have the appearance of impropriety. (5) HUD -approved counseling entities and S tate Housing F inance A gencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delin- q uency and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas. ( 6 ) O f the total amount made available under this para- graph, up to $3 , 0 00,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. ( 7 ) Of the total amount made available under this para- graph, up to 4 percent may be used for associated administra- tive expenses for the NRC to carry out activities provided under this section. ( 8 ) M ortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC. ( 9 ) T he NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate B anking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. U NITED ST A TE SI NTE R A G EN CY C OU NCI L ON HO M ELESSNESS O P ERATING E X PENSES For necessary expenses (including payment of salaries, author- i z ed travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the Mc K inney- V ento Homeless Assistance Act, as amended, $ 2 ,450,000. TIT LE IV G ENERAL P ROVISIONS — THIS ACT SEC. 401. Such sums as may be necessary for fiscal year 2010 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Reports.D e adlin e. C erti f i c ation.


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 123STA T . 311 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.402 . None o fth ef u n dsi n this Ac tsh al l b e used fo r the p lannin g ore x ecution of an y progra m to pay the expenses of , or other w ise compensate, non -F ederal parties inter v ening in regulatory or ad j udicatory proceedings funded in this Act. SEC. 40 3 . None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 404. T he expenditure of any appropriation under this Act for any consulting service through procurement contract pursu- ant to section 3 1 0 9 of title 5, U nited States C ode, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing E xecutive order issued pursuant to existing law. SEC. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2010, or pro- vided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that

1 ) creates a new program (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the H ouse or Senate Committees on Appropria- tions for a different purpose; (5) augments existing programs, projects, or activities in excess of $ 5,000,000 or 10 percent, which- ever is less; ( 6 ) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or ( 7 ) creates, reorga- ni z es, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropria- tions or the table accompanying the explanatory statement accom- panying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropria- tions: Provide d, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of R epresentatives to establish the baseline for applica- tion of reprogramming and transfer authorities for the current fiscal year: Provided fu r th er, That the report shall include: (1) a table for each appropriation with a separate column to display the P resident ’ s budget re q uest, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for sala- ries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. SEC. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2010 from appropriations made available Fines.D e adl ine. R e port s. C ontra c ts.


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 123STA T . 3111 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9forsal ar ie sa nd e xp enses for fis c al y ear 201 0in th is A ct , shall re m ain a v aila b le thro ug h S eptember 3 0, 2011, for each such account for the purposes authori z ed
 * Provide

d, T hatare q uest shall be submitted to the H ouse and Senate C ommittees on Appropriations for approval prior to the expenditure of such funds: Provided fu r th er, That these requests shall be made in compliance w ith reprogram - ming guidelines under section 4 0 5 of this Act . S EC .40 7 . All F ederal agencies and departments that are funded under this Act shall issue a report to the House and Senate Commit- tees on Appropriations on all sole source contracts by no later than J uly 30, 2010. Such report shall include the contractor, the amount of the contract and the rationale for using a sole source contract. SEC. 40 8 . ( a )N one of the funds made available in this Act may be obligated or expended for any employee training that — (1) does not meet identified needs for k nowledge, skills, and abilities bearing directly upon the performance of official duties (2) contains elements likely to induce high levels of emo- tional response or psychological stress in some participants; (3) does not require prior employee notification of the con- tent and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with reli- gious or quasi-religious belief systems or ‘ ‘new age ’ ’ belief sys- tems as defined in E qual Employment O pportunity Commission Notice N –9 15.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. SEC. 409. No funds in this Act may be used to support any Federal, State, or local pro j ects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that pri- marily benefits private entities: Provided further, That any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the govern- ment, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small B usiness L iability R elief and Brownsfield Revitalization Act ( P ublic Law 107–118) shall be considered a public use for purposes of eminent domain. SEC. 410. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priations Act. SEC. 411. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, Employ m ent.D e ad l i ne. T ime pe r iod. C erti f i c ation. Eminent domain. R eport s . Deadline. E x pendit u re re q uest.


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 123STA T . 3112 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9other th an ate mp orar y po si tion ,f ormer l y hel db y an employee w ho has left to enter the A rmed F or c es of the U nited S tates and has satisfactorily completed his period of acti v e military or naval service, and has within 90 days after his release from s u ch service or from hospitali z ation continuin g after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the O ffice of P ersonnel M anage - ment as still q ualified to perform the duties of his former position and has not been restored thereto . S EC. 4 1 2 . N o funds appropriated pursuant to this Act may bee x pended in contravention of sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S. C . 10a – 10c, popularly k nown as the ‘ ‘ B uy American Act ’ ’ ) . SEC. 413. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been found to violate the Buy American Act (41 U.S.C. 10a–10c). SEC. 414. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal R egulations. SEC. 41 5 . None of the funds made available in this Act may be used to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an E nergy Star or Federal Energy Management Program designation. SEC. 41 6 . (a) Any agency receiving funds made available in this Act, shall, sub j ect to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if — (1) the public posting of the report compromises national security or (2) the report contains proprietary information. (c) T he head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. SEC. 41 7 . None of the funds made available in this Act may be used to establish, issue, implement, administer, or enforce any prohibition or restriction on the establishment or effectiveness of any occupancy preference for veterans in supportive housing for the elderly that (1) is provided assistance by the D epartment of H ousing and Urban Development; and (2)(A) is or would be located on property of the Department of V eterans Affairs; or (B) is subject to an enhanced use lease with the Department of Veterans Affairs. SEC. 41 8 . None of the funds made available under this Act or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. SEC. 419. Specific projects contained in the report of the Com- mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111–218) 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. Earm ar ks.ACORN . Ti m ep eri od . W e b pos t i ng . L ig h tb ul bs.


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 123STA T . 3113 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Thisd i v isi onmaybec i t ed as the ‘ ‘T r ans p ortation ,H o u sin g and U rban D eve l opment, and R elated A gencies Appropriations Act, 201 0 ’ ’ .DIV I S I ONB—C O M M ER CE ,JU S T ICE, SCIENCE, A ND RE L ATED A G ENCIES A P PROPRIATIONS ACT, 201 0 T I T LE I DE P ART M E N T OFC OMMERCE I NTER N A T IO NA L TRA D EAD M INI S TRATION O P ERATIONS AND ADMINISTRATION For necessary e x penses f or international trade activities of the Department of Commerce provided for by la w, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United S tates firms, without regard to 4 4 U.S.C. 37 02 and 3703 full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the Inter - national Trade Administration between two points abroad, without regard to 4 9 U.S.C. 4011 8 by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improve- ment; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authori z ed in the first paragraph of 28 U.S.C. 2 6 72 when such claims arise in foreign countries; not to exceed $ 327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $4 5 ,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $456,204,000, to remain available until September 30, 2011, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade Administration, notwith- standing 31 U.S.C. 3302
 * employment of Americans and aliens
 * Provide

d , That not less than $49,530,000 shall be for Manufacturing and Services; not less than $43,212,000 shall be for Mar k et Access and Compliance; not less than $68,290,000 shall be for the Import Administration; not less than $258,438,000 shall be for the Trade Promotion and United States and Foreign Commercial Service; and not less than $27,295,000 shall be for Executive Direction and Administration: Provided fu r -th er, That not less than $7,000,000 shall be for the Office of China Compliance, and not less than $4,400,000 shall be for the China Countervailing Duty G roup: Provided further, That the provisions of the first sentence of section 105 ( f ) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities: Provided further, That negotiations shall be con- ducted within the W orld Trade Organization to recognize the right Negotia tio ns.Ap p l i c a b ilit y . D epa r t m ent o fC ommerce Appropriations Act ,201 0. Commerce, Ju stice, S cience, an dR elated Agencies Appropriations Act, 2010.


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 123STA T . 311 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ofme m b e rst o di strib u te mo n ies c o l lected from a ntidum p in g and counter v ailing duties
 * Provide

d fu r th er ,Th at negotiations shall be conducted w ithin the W orld Trade O rgani z ation consistent with the negotiating ob j ectives contained in the Trade A ct of 20 02 ,P ublic L aw 1 0 7– 210: Provided further, That within the amounts appro - priated, $5 ,215,000 shall be used for the projects, and in the amounts, specified in the e x planator y statement accompanying this Act .BUREA U OFIND U ST R Y AND S E C UR I TY O P ERATIONS AND AD M INISTRATION F or necessary expenses for export administration and national security activities of the D epartment of C ommerce, including costs associated with the performance of export administration field activities both domestically and abroad full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for serv- ices abroad; payment of tort claims, in the manner authorized in the first paragraph of 2 8U .S.C. 2 6 72 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the E xport Administration Act of 1 9 79, and as authorized by 22 U.S.C. 4 01 ( b ) and motor vehicles for law enforcement use with special re q uire- ment vehicles eligible for purchase without regard to any price limitation otherwise established by law, $100, 3 42,000, to remain available until expended, of which $14,767,000 shall be for inspec- tions and other activities related to national security: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the M utual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contribu- tions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. ECONOMIC DE V E L OPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PRO G RAMS For grants for economic development assistance as provided by the Public Wor k s and Economic Development Act of 1965, and for trade adjustment assistance, $255,000,000, to remain available until expended. SALARIES AND E X PENSES For necessary expenses of administering the economic develop- ment assistance programs as provided for by law, $38,000,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought R elief Act of 1977. Ap p licab ili ty.
 * and purchase of passenger motor vehicles for official use