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Page:United States Statutes at Large Volume 123.djvu/982

 123STA T .96 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 and a p p ro pr i a tes er v i c es to prevent veterans and t h eir f a m i l ies from b ecomin g homeless or red u ce the length of time veterans and their families are homeless
 * Provide

d fu r th er ,T hat of the amounts made available under this heading , nottoe x ceed $750 ,000 ma y be available for an evaluation of this demonstration: Provided further, That not less than 3 0 percent of funds made available, excluding amounts provided for rene w als under the shelter plus care program, 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 2 5 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 S ecretary and other F ederal 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 appro - priate program requirements and financial standards, as deter- mined by the Secretary: Provided further, That all awards of assist- ance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including M edicaid, State C hildren ’ s H ealth I nsur- ance P rogram, Temporary A ssistance for N eedy Families, Food Stamps, and services funding through the Mental Health and Sub- stance Abuse B loc kG rant, W orkforce Investment Act, and the Welfare-to-Work grant program: Provided further, That up to $ 8 ,000,000 of the funds appropriated under this heading shall be available for the national homeless data analysis pro j ect and tech- nical assistance: Provided further, That of the total amount made available under this heading, not to exceed $2, 6 75,000 may be transferred to the Working Capital Fund: Provided further, That $3,000,000 of the funds appropriated under this heading shall be used to conduct research on homeless issues, including homeless prevention and youth homelessness: Provided further, That all bal- ances for Shelter Plus Care renewals previously funded from the Shelter Plus Care R enewal account and transferred to this account shall be available, if recaptured, for Shelter Plus Care renewals in fiscal year 200 9
 * Provided further, That this heading in the

D epartment of Housing and U rban Development Appropriations Act, 2008 is amended by inserting the following new proviso after the third proviso: ‘ ‘Provided further, That the Secretary may renew grants made under this demonstration program and may treat such original grants and any such renewal grants as if these grants were made under the supportive housing program:’’ . H OUSING P R OGR AM S P RO JECT - B ASE D RENTA L ASSISTANCE ( INCLUDING TRANS F ER OF FUNDS ) For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1 937 ( 4 2 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 12 2 Sta t . 2 4 2 3 . Con t r a c t s .


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Page:United States Statutes at Large Volume 123.djvu/983

 123STA T .96 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 $7,10 0,000,000, toremain a v ai l a b le u ntil e xp en d ed, sh all be avail - able on Oc tober 1, 2 00 8, and$ 4 00,000,000, to remain available until expended, shall be available on October 1, 200 9:Provide d, T hat the amounts made available under this headin g are provided as f ollo w s: ( 1 ) $ 6 ,868,000,000 shall be available for expiring or termi- nating section 8 pro j ect-based subsid y contracts (including sec- tion 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the M c K inney- V ento H omeless A ssistance 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 P reservation Act of 1987 or the Low-Income Housing Preserva- tion and R esident Homeownership Act of 1990, and for adminis- trative and other expenses associated with project-based activi- ties and assistance funded under this paragraph. (2)Upto$2 3 2,000,000 shall be available for performance- based contract administrators for section 8 project-based assist- ance: Provided, That the Secretary of Housing and Urban D evelopment may also use such amounts for performance-based contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the N ational Housing Act (12 U.S.C. 171 5z– 1(a)) rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701 q ); project rental assistance con- tracts 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) Not to exceed $10,000,000 provided under this heading may be transferred to the W or k ing Capital F und. (4) 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. HOUSINGF O RT H E E LD ERL Y( IN C LUDING TR A NSFER OF FUNDS ) For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing, $765,000,000, to remain available until September 30, 2012, of which up to $626,400,000 shall be for capital advance and project-

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Page:United States Statutes at Large Volume 123.djvu/984

 123STA T .964PUBLIC LA W 111 –8—M A R .11, 2 0 09 basedr e nt a l ass i stan c ea w ards
 * Provide

d ,Th at, of the a m o u nt p ro v ided under this headin g , upto $90 ,000,000 shall be for service coordinators and the continuation of e x isting congregate service grants for residents of assisted housing pro j ects, and of which upto$ 25 ,000,000 shall be for grants under section 202b of the H ousing A ct of 1 959 ( 12 U.S . C . 1 7 01 q– 2 ) for conversion of eligible projects under such section to assisted living or related use and for substantial and emergenc y capital repairs as determined by the Secretary: Provided fu r th er, 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 organi z ations 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 up to $2,000,000 of the total amount made available under this heading shall be for technical assistance to improve grant applications and to facilitate the development of housing for the elderly under section 202 of the Housing Act of 1959, and supportive housing for persons with disabilities under section 8 11 of the Cranston- G onzales N ational Affordable Housing Act: Provided further, That of the total amount made available under this heading, not to exceed $1, 6 00,000 may be transferred to the W orking Capital F und: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and condi- tions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration. HOUSINGF O RPE RSONS W I T H D IS AB I L ITIES ( IN C LUDING TRANSFER OF FUNDS ) 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-Gonzalez National Affordable Housing Act ( 4 2 U.S.C. 801 3 ), 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, $250,000,000, of which up to $161,300,000 shall be for capital advances and project-based rental assistance contracts, to remain available until September 30, 2012: Provided, That of the total amount made available under this heading, not to exceed $1,600,000 may be transferred to the Working Capital Fund: Provided further, That, of the amount provided under this heading, $87,100,000 shall be for amendments or renewal of tenant-based assistance contracts entered into prior to fiscal year 2005 (only one amendment author- ized for any such contract): Provided further, That all tenant-based assistance made available under this heading shall continue to remain available only to persons with disabilities: Provided further, Waiver a utho rit y. Waiver authority.


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Page:United States Statutes at Large Volume 123.djvu/985

 123STA T .965PUBLIC LA W 111 –8—M A R .11, 2 0 09 That th eS e cr etar ym ay w a iv e the p r o vi s io n so f section 81 1 g ov - erning the terms an d conditions of pro j ect renta l assistance and tenant- b ased assistance , e x cept that the initial contract term for s u ch assistance shall not exceed 5 years in duration
 * Provide

d fu r th er, 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 .HOUSINGC OUNS EL ING A SSIS T ANCE F or contracts, grants, and other assistance excluding loans, as authori z ed under section 1 06 of the H ousing and U rban D evelop- ment Act of 1 9 68, as amended, $ 65,000,000, including up to $ 2 ,000,000 for administrative contract services, to remain available until September 3 0, 2010: 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. OTHE R ASSISTE D 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. 1 7 01s ) 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, $27,600,000, to remain available until expended. RENT SUPPLEMENT ( RESCISSION )O f the amounts recaptured from terminated contracts under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236 of the National Housing Act (12 U.S.C. 1715z–1) $37,600,000 are rescinded. PA Y MENT TO MANU F ACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National M anufac- tured Housing Construction and Safety Standards Act of 197 4 (42 U.S.C. 5401 et se q .), up to $16,000,000, to remain available until expended, of which $10,600,000 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 further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $5,400,000 and fees pursuant to such section Inspectio ns .


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Page:United States Statutes at Large Volume 123.djvu/986

 123STA T .96 6 PUBLIC LA W 111 –8—M A R .11, 2 0 09 620shal l bemodif ied as n e c essa ryt o ens u re such a final fiscal year 200 9 a p propriation
 * Provide

d fu r th er ,T hat for the dispute resolution and installation pro g rams, the S ecretary of H ousing and U rban D e v elopment may assess and collect fees from any program participant: Provided further, That such collections shall be depos - ited into the F und, and the Secretary, as provided herein, may use such collections, as w ell as fees collected under section 620, for necessary e x penses of such A ct: Provided further, That notwith- standing the re q uirements 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 . F ED E RAL H OUSING AD M INIS T RATION MUTUAL MORTGAGE INSURAN C E P ROGRAM ACCOUNT ( INCLUDING TRANS F ERS OF FUNDS ) During fiscal year 2009, commitments to guarantee single family loans insured under the M utual Mortgage I nsurance Fund shall not exceed a loan principal of $315 ,000,000,000. During fiscal year 2009, obligations to ma k e direct loans to carry out the purposes of section 20 4( g ) of the N ational Housing Act, as amended, shall not exceed $50,000,000: Provided , That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund. For administrative contract expenses, $116,000,000, of which at least $46, 7 94,000 shall, and up to $5 8 ,492,500 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 $65,500,000,000 on or before April 1, 2009, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. GENERAL AND SPECIAL RIS K PROGRAM ACCOUNT 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, $8,600,000, to remain available until expended: Provided, That commitments to guarantee loans shall not exceed $45,000,000,000 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 $50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the Secretary and formerly insured under such Act and of which not to exceed $20,000,000 shall be for loans to non- profit and governmental entities in connection with the sale of single-family real properties owned by the Secretary and formerly


text: Dictionary of National Biography, 1885-1900/Montgomerie, Archibald William


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Page:United States Statutes at Large Volume 123.djvu/987

 123STA T .967PUBLIC LA W 111 –8—M A R .11, 2 0 09 insured under su chA c t.Fo r a d m inistrati v e contract e xp enses nec - essar y to carry out the g uaranteed and direct l oan programs ,$48 ,8 71, 0 00, o fw hich at least $47,871,000 shall b e for administra- tive contracts and up to $1,000,000 shall be for consumer education and outreach for F H A loan products. GOVERNM EN TNA T I ONA LM ORT G AGE A S SO C IATION G U ARANTEES O F MORTGAGE- B AC K E D SECURITIES LOAN GUARANTEE P ROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 3 0 6 of the National Housing Act, as amended ( 1 2U . S . C . 1721(g ) ), shall not exceed $300,000,000,000, to remain available until September 30, 2010
 * Provide

d, T hat to the extent new guaran- tees of mortgage-bac k ed securities exceed $7 5 ,000,000,000 on or before April 1, 200 9, an additional $1,000 for administrative con- tract 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 $14,000,000. 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 authori z ed by title V of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z – 1etse 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, $58,000,000, to remain available until Sep- tember 30, 2010: Provided , That of the funds made available under this heading, $23,000,000 is for grants pursuant to section 107 of the Housing and Community Development Act of 1974 (42 U.S.C. 5307): Provided fu r th er, That at least $1,000,000 shall be available for the Secretary to conduct a comprehensive study to be managed by the O ffice of Policy Development and Research, to analyze the administrative costs necessary to carry-out the tenant-based voucher program: Provided further, That of the total amount made available, $2,000,000 may be made available for technology directly related to disaster prone areas. FAIR HOUSING AND EQ UAL OPPORTUNITY FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise pro- vided for, as authorized by title V I II of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $53,500,000, to remain available until Sep- tember 30, 2010, of which $27,500,000 shall be to carry out activities pursuant to such section 561 of which up to $2,000,000 shall be made available to carryout authorized activities to protect the public from mortgage rescue scams: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use


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Page:United States Statutes at Large Volume 123.djvu/988

 123STA T .968PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 suchf u nd s topr o vi d e such tr a inin g:Provide d fu r th er ,T hat no funds m ade avai l a b le under this heading shall be used to lobb y the e x ecutive or legislative branches of the F ederal G overnment in connection w ith a specific contract, grant or loan: Provided fur - ther, That of the funds made available under this heading, $50 0,000 shall be available to the S ecretary of H ousing and U rban D evelop - ment for the creation and promotion of translated materials and other programs that support the assistance of persons with limited E nglish proficiency in utili z ing the services provided by the Depart- ment of Housing and Urban Development .OF F ICEO FHE ALTHY HO M E S A NDL EAD HA Z A R D C ONTROL LEAD HAZARD RED U CTION For the Lead Hazard R eduction P rogram, as authorized by section 1 011 of the Residential Lead- B ased Paint Hazard Reduction A ctof1 9 9 2 ,$1 4 0,000,000, to remain available until September 3 0, 2010, of which not less than $14, 6 00,000 shall be for the Healthy Homes I nitiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 19 7 0 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 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, $4 8 ,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 further , That amounts made available under this heading in prior appropriations Acts, and that still remain available, may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated: Provided further, That of the total amount made available under this heading, $250,000 shall be allocated through the Office of Healthy Homes and Lead Hazard Control to conduct communications and outreach to poten- tial applicants to the Lead Hazard Reduction Demonstration Grant program. Plans.Notice . W ai v e r a u t h orit y . L o b byin g .


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Page:United States Statutes at Large Volume 123.djvu/989

 123STA T .96 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 MAN A GEM EN T AN DA DM I NI S T R ATI O N W OR K ING C A P ITA LFU ND Forad d it io n a lc a p ital f ort heW or k in gC apital F u nd (42U.S .C. 35 35 ) for the de v elop m ent of , modification s to, and infrastructure for D epartment -w ide information technolog y systems, for the con- tinuing operation and maintenance of b oth Department-wide and program-specific information systems, and for program-related development activities, $ 224, 0 00,000, to remain available until Sep- tember 30, 20 1 0, of which not less than $4,000,000 shall be used for planning for moderni z ing, improving and maintaining informa- tion technology applications and infrastructure supporting the F H A
 * Provide

d ,T hat any amounts transferred to this Fund under this Act shall remain available until e x pended: Provided fu r th er, 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, $120,000,000: Provided, That the Inspector General shall have independent authority over all personnel issues within this office. GENERAL P RO V ISIONS — DEPARTMENT OF HOUSING AND UR B AN DEVELOPMENT ( INCLUDING RESCISSION OF FUNDS ) SEC. 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from pro j ects described in section 1012(a) of the Stewart B .Mc K inney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after J anuary 1, 1992, in accordance with such section. N otwithstanding the previous sen- tence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. SEC. 202. None of the amounts made available under this Act may be used during fiscal year 2009 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the


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Page:United States Statutes at Large Volume 123.djvu/990

 123STA T .970PUBLIC LA W 111 –8—M A R .11, 2009 pur p ose o fachi e v i ng or preven t ing action by a G overn m ent officia l or entity , or a court of competent j uris d iction .SEC . 203 . ( a )N ot w ithstanding section 854 (c)( 1 )( A ) of the A ID S H ousing O pportunity Act (42 U .S. C . 12 9 03(c)(1)(A)), from any amounts made available under this title for fiscal year 2009 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 2009 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 2009 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause. (b) T he 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 2009, 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 2009 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 J ersey 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 in the portion of the metropolitan area or division that is located in B ergen County and Passaic County, New Jersey, and adjusting for the proportion of the metropolitan division’s high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective portions of the metropolitan division that is located in New Jersey. (d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2009 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average per capita incidence of AIDS, shall be adjusted by the Secretary on the basis of area incidence reported over a 3 year period. NewJ e rs e y.G r ant s. AIDS .


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Page:United States Statutes at Large Volume 123.djvu/991

 123STA T .97 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.204 . Exceptas exp li citl y p rov i d edi n la w, any g rant, cooperative agree m ent or ot h er assistance made p u rsuant to title I Io f this A ct shall b e made on a competitive basis and in accordance with section 1 02 of the D epartment of H ousing and U rban Develop - ment R eform Act of 1 98 9 ( 42 U.S. C . 35 45 ) . SEC. 205. F unds of the Department of Housing and Urban Development sub j ect 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 N ational M ortgage Associa- tion, Government National Mortgage Association, Federal Home L oan Mortgage Corporation, Federal Financing B ank, 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 – 1831). 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 2009 for such corporation or agency except as hereinafter provided
 * Provide

d, T hat 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. None of the funds provided in this title for technical assistance, training, or management improvements may be obli- gated or expended unless the Secretary of Housing and Urban Development provides to the Committees on Appropriations a description of each proposed activity and a detailed budget estimate of the costs associated with each program, project or activity as part of the Budget J ustifications. For fiscal year 2009, the Secretary shall transmit this information to the Committees by March 15, 2009 for 30 days of review. SEC. 209. The Secretary of Housing and Urban Development shall provide q uarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recap- tured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. SEC. 210. (a) Notwithstanding any other provision of law, the amount allocated for fiscal year 2009 under section 854(c) of the AIDS Housing O pportunity Act (42 U.S.C. 12903(c)), to the City AIDS.NewJ e rs e y . R e po r t s. De adlin e. Bu d g et. Deadline. Budget esti m ate.


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Page:United States Statutes at Large Volume 123.djvu/992

 123STA T .97 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofWilm i ngt on ,De l aw a r e, on b e h alf of the Wilmington, Delaware -M ar y lan d - N ew J er s ey Metro p olitan Di v ision ( hereafter ‘ ‘metropoli- tan division ’ ’ ) , shall be ad ju sted by the S e c retary of H ousing and U rban 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 AI DS 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 85 5 of the AIDS Housing O pportunity Act ( 42 U.S. C . 1 2 90 4) 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 2009 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 1290 3 (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 2009 under section 854(c) of such Act, upon the written re q uest 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. S EC . 211. The P resident’s formal budget request for fiscal year 2010, 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. 212. 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 or a similar governing board of such agency or entity as required under section (2)(b) of such Act. E ach public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of Public Housing or a recipient Establi s hmen t .S tate listin g . Bud get. Nor th C arolina.


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Page:United States Statutes at Large Volume 123.djvu/993

 123STA T .97 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofsecti o n8a ssistance on t h e b oa rd of directors or a si m i l ar g o v- erning board shall establish an advisor y board of not less than si x residents of pu blic 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 .S uch advisory board shall meet not less than q uarterly. S EC . 213 . ( a )N ot w ithstanding any other provision of law , sub- j ect to the conditions listed in subsection (b), for fiscal years 2 0 08 and 200 9, the Secretary of H ousing 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 F ederal 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 ) I f 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 ris k to the FHA G eneral and Special R isk Insurance Fund, as determined by the Secretary, would be reduced as a result of a transfer completed under this section. (10) The Secretary determines that Federal liability with regard to this project will not be increased. (c) For purposes of this section — (1) the terms ‘ ‘low-income ’ ’ and ‘‘very low-income’’ shall have the meanings provided by the statute and / or regulations Defin i t i o n s.N otifi ca tion. C e r tification. S tan d ards. T ransfer a u t h orit y .


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Page:United States Statutes at Large Volume 123.djvu/994

 123STA T .974PUBLIC LA W 111 –8—M A R .11, 2 0 09 governi ng th e p rogr amu n d er w hi c h the pro j ect i s insured or assisted the term ‘ ‘mu l ti f amil y housing project ’ ’ means housing that meets one of the following conditions — ( A ) housing that is su b ject 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 2 0 2ofthe Housing Act of 195 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 S tates 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 . 214. T he 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. SEC. 215. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the F ederal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). SEC. 216. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual who—
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Page:United States Statutes at Large Volume 123.djvu/995

 123STA T .975PUBLIC LA W 111 –8—M A R .11, 2 0 09 (1)isenrol le da sas tu dent at an institution o fh i g her edu c ation (as defined under section 1 02 of the H igher E ducation A ctof1 965 (20 U.S. C . 1002)) (2) is under 2 4y ears of age; ( 3 )isnota v eteran; (4) is un m arried; (5) does not have a de p endent child; (6) is not a person w ith disa b ilities , as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 193 7 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of N ovember 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) F or 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 se q .), 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. S EC . 217. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715 z– 20(g)), the Secretary of Housing and Urban D evelopment may, until September 30, 2009, insure and enter into commitments to insure mortgages under section 255 of the National Housing Act (12 U.S.C. 1715z–20). SEC. 218. Notwithstanding any other provision of law, in fiscal year 2009, 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 M ultifamily Assisted Housing R eform 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 ta k e appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement rem- edies to assist relocation of tenants for imminent major threats to health and safety. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. Det e rmina ti o n .C ontra c t s .


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Page:United States Statutes at Large Volume 123.djvu/996

 123STA T .976PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.219 . Duringf i scalye ar2 0 09, in th e p r ov ision of rental assistance un d er section 8( o ) of the U nited States H ousing A ct of 19 37 ( 4 2 U.S. C . 1437f(o)) in connection w ith a progra m 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 M ichigan 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 b ehalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be re q uired, at the time the family initially receives such assistance, to pay rent in an amount e x ceeding 40 percent of the monthly ad j usted income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate. SEC. 220. T he Secretary of Housing and Urban Development shall report quarterly to the House of R epresentatives 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. 221. N otwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 19 5 9 (12 U.S.C. 1701q – 2) 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. 222. (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
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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. 223. Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended — (1) in subsection (m)(1), by striking ‘‘2003’’ and inserting ‘‘2009’’ and (2) in subsection (o), by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2009’’. SEC. 224. (a) RE QUIR E D SU BM I S SI ON S F OR F ISC ALY EARS 2008 AND 2009.— (1) I N G ENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall submit to the relevant authorizing commit- tees and to the Committees on Appropriations of the Senate and the House of Representatives for fiscal years 2008 and 2009— Deadlin e . Deadline. R e gu la t i o n s . Re p o r ts. Deadline. C ontra c ts.


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Page:United States Statutes at Large Volume 123.djvu/997

 123STA T .97 7 PUBLIC LA W 111 –8—M A R .11, 2 0 09 (A)acomplet ea nd acc ur ate account i n g o f t h e actual pro j ect -b a s ed rene w al costs for project-based assistance under section 8 of the U nited S tates H ousing Act of 1937 ( 42 U . S. C . 1437f) ( B )re v ised estimates of the funding needed to full y fund all 12 months of all project-based contracts under such section 8 , including project-based contracts that e x pire in fiscal year 2 0 08 and fiscal year 2009; and (C) all sources of funding that will be used to fully fund all 12 months of the project-based contracts for fiscal years 2008 and 2009. (2) U PDATE D INFORM ATION. — At any time after the expira- tion of the 6 0-day period described in paragraph (1), the Sec- retary may submit corrections or updates to the information re q uired under paragraph (1), if upon completion of an audit of the project-based assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals additional information that may provide Congress a more complete understanding of the Secretary ’ s implementa- tion of the project-based assistance program under such section 8. (b) R E QU IRED SU B MI S SIONS FOR F IS C A LY EAR 2010.—As part of the D epartment of Housing and Urban Development’s budget request for fiscal year 2010, the Secretary of Housing and Urban Development shall submit to the relevant authori z ing committees and to the Committees on Appropriations of the Senate and the House of Representatives complete and detailed information, including a project-by-project analysis, that verifies that such budget request will fully fund all project-based contracts under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2010, including expiring project-based contracts. SEC. 22 5 . P ublic housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule
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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. 226. W ith respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided , however, 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. 227. The Secretary of Housing and Urban Development shall report quarterly to the House of Representatives and Senate Committees on Appropriations on the status of all section 8 project- based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the M ark-to-Market program. The Secretary Reports.D e adlin e. 42USC1 4 37g note. Ex e m ption.


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Page:United States Statutes at Large Volume 123.djvu/998

 123STA T .978PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 shal l int h er e po rti d enti fy all e x istin gu nits m aintained b y region as se c tion 8 pro j ect - based units and all project-based units that ha v e opted out of section 8 or have other w ise been eliminated as section 8 project-based units .T he S ecretary shall identify in detail and by project all the efforts made by the D epartment 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 subsidi z ed units in that housing mar k et- 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. S EC . 2 28. Section 6 8 3( 2 ) of the H ousing and C ommunity Development A ct of 19 92( 4 2 U .S.C. 13641(2)) is amended — (1) in subparagraph ( F ), by striking ‘ ‘and ’ ’ (2) in subparagraph ( G ) by striking the period at the end and inserting ‘‘; and’’; and (3) by adding a new subparagraph (H) as follows ‘‘(H) housing that is assisted under section 811 of the Cranston-Gonzalez Affording Housing Act (42 U.S.C. 8 0 13).’’. SEC. 229. The Home I nvestment P artnerships Act (42 U.S.C. 12 7 21etse q .) is amended— (1) in section 233(d)(1) by striking ‘‘20’’ and inserting ‘‘40’’; (2) in section 233(e) by striking ‘‘40’’ and inserting ‘‘2 5 ’’; (3) in section 243(b), in the second sentence, by striking ‘‘20’’ and inserting ‘‘40’’; and (4) in section 271(i) by striking ‘‘Act after December 31, 2007’’ and inserting ‘‘section after December 31, 2011’’. SEC. 230. 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 Financial 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 ‘‘Administra- tion, Operations, and M anagement’’ as well as each account receiving appropriations for ‘‘personnel compensation and benefits’’ within the Department of Housing and Urban Development. SEC. 231. 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. SEC. 232. Of the unobligated balances remaining from funds appropriated under the heading ‘‘Tenant- B ased R ental Assistance’’ under the Department of Housing and Urban Development Appro- priations Act, 2008, $ 750,000,000 are rescinded from the $4,158,000,000 which are available on October 1, 2008. Such amount shall be derived from reductions to public housing agencies’ calendar year 2009 allocations based on amounts in public housing agencies’ net restricted assets accounts (in accordance with V MS data in calendar year 2008 that is verifiable and complete), as determined by the Secretary. Deadlin e . De s i g na t i o n. A llot m ent h olde r . 42USC1 2 8 21. 42 USC 12 7 8 3 . 42 USC 12773.


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Page:United States Statutes at Large Volume 123.djvu/999

 123STA T .97 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.23 3. 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 0 0 9 and thereafter , notify the public through the Federal R egister and other means, as deter - mined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NO F A) for any pro- gram or discretionary fund administered by the Secretary that is to be competitively a w arded. Notwithstanding any other provision of law, for Fiscal Year 2009 and thereafter, 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. 23 4 . PR E PAYM E NT AN D RE FI NANCIN G . (a) APPR OV A L OF PREPAYMENT OF DE B T. — Upon re q uest of the pro j ect sponsor of a project assisted with a loan under section 202 of the Housing Act of 1 9 5 9 (as in effect before the enactment of the C ranston- G on z alez National Affordable Housing Act), for which the Sec- retary ’ 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 193 7 (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 524(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 Costan a ly s i s .Webp ostin g . N oti f i c ation. F e d e r al R egister , p u blication. 42US C 35 45a.


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Page:United States Statutes at Large Volume 123.djvu/1000

 123STA T .980PUBLIC LA W 111 – 8 —M A R .11, 2009 (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 . 235.U S E OF S URPL US F E D ER A L P ROPER TY FOR T H EHO M E- LESS. N o property identified by the Secretary of Housing and Urban D evelopment as surplus Federal property for use to assist the homeless shall be made available to any homeless group unless the group is a member in good standing under any of HUD ’ s homeless assistance programs or is in good standing with any other program which receives funds from any other Federal or State agency or entity
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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 comprehen- sively 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 Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/1001

 123STA T .98 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 donati on s o fg oods and s erv i c es
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d fu r th er ,Th at the S ec - retar y sha l l m a k ealls u ch information and its decision regarding the a w ard of the sur p lus property availa b le to the committees of j urisdiction , including a full justification of the appropriateness of the use of the property to assist the homeless as well as the appropriateness of the group seeking to obtain the property to use such property to assist the homeless: Provided further, That, this section shall apply to properties in fiscal year 20 0 8 and 200 9 made available as surplus F ederal property for use to assist the homeless . S EC. 2 36 . The Secretary of H ousing and U rban D evelopment shall increase, pursuant to this section, the number of M oving- to- W ork agencies authori z ed under section 20 4, title I I, of the Departments of V eterans A ffairs and Housing and Urban Develop- ment and Independent Agencies Appropriations Act, 1 996 (P ublic L aw 104 – 134 110 Stat. 1321–281 ) 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) and is a H O P E VI agency. 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 than they otherwise would have received absent this designation. SEC. 23 7 . Of the unobligated balances remaining from funds appropriated to the Department of Housing and Urban Development under the fourth paragraph under the heading ‘ ‘ G eneral and Special R isk Program Account ’ ’ in the Department of Housing and Urban Development Appropriations Act, 2008, $ 5,000,000 are rescinded: Provided, That with respect to such discount sales referenced under such paragraph, notwithstanding any other provision of law, in determining the market value of any multifamily real property or multifamily loan for any noncompetitive sale to a State or local government, the Secretary shall in fiscal year 2009 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. 238. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent of funds appropriated for any account under this title under the heading ‘‘Personnel 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 Appropriations: Provided, That, no appropriation for any such account shall be increased or decreased by more than 10 percent by all such transfers. SEC. 239. 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. This title may be cited as the ‘‘Department of Housing and Urban Development Appropriations Act, 2009’’. Transfe r a utho r i t y.S u bm ission. Ap p l i c ability.


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 123STA T .98 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 TI T LE III R EL A TE D A G E NC IE S A RCHITE CT U R AL A ND TRAN SPO RTATION B ARRIERS CO M PLIANCE BOARD SALARIES AND E X PENSES Forexp e ns es ne c ess a r yf or th e Arch i tect u ra l an d Transpor - tation Barriers Co m pliance Board , as authori z ed b y section 502 of the Rehabilitation Act of 1973 , as amended, $6 ,550,000
 * Provide

d, That, not w ithstandin g any other pro v ision of law, there may be credited to this appropriation funds received for publications and training expenses . FEDERAL M ARITIME 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 ( 4 6 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 therefor, as authorized by 5 U.S.C. 5901 – 5902, $22, 8 00,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses. NATIONAL TRANSPORTATION SA F ET Y BOARD SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate e q uivalent to the rate for a GS– 15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902) $91,000,000, of which not to exceed $2,000 may be used for official reception and representation expenses. The amounts made available to the National Transportation Safety Board in this Act include amounts necessary to ma k e lease payments due in fiscal year 2009 only, on an obligation incurred in fiscal year 2001 for a capital lease. O f the funds provided, up to $100,000 shall be provided through reimbursement to the Department of Transportation ’ s Office of Inspector General to audit the National Transportation Safety Board’s financial statements. ( RESCISSION ) Of the available unobligated balances made available under this heading in P ublic Law 106–246, $671,275 are rescinded. NEI G H B ORHOOD REIN V ESTMENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by


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 123STA T .98 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 theN 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 1,000,000, o fw hich $ 5 ,000,000 sha l lbeforam u lti - famil y rental housing program
 * Provide

d ,T hat of the amounts made avail- able under this heading, $ 6 ,000,000 shall be made available to conduct a consumer mortgage public education campaign: Provided fu r th er, That funding amounts provided under the previous proviso shall be available for campaign development, production, and out- reach activities. F or an additional amount, $50,000,000 shall be made available until e x pended to the Neighborhood 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 primarily in the subprime housing market 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 counseling intermediaries based on a geographic analysis of the Nation by the NRC which determines where there is a prevalence of subprime mortgages that are risky and likely to fail, including any trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible where the State Housing Finance Agency meets all the re q uirements under this paragraph. A HUD-approved counseling inter- mediary 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.


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Page:United States Statutes at Large Volume 123.djvu/1004

 123STA T .984PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 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 $ 5, 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 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. Such reports shall identify successful strategies and methods for preserving home- ownership and the long-term affordability of at-risk mortgages and shall include recommended efforts that will or likely can assist in the success of this program as well as an analysis of any policy and procedures that failed to result in successful mortgage foreclosure mitigation. The report shall include an analysis of the details and use of any post mitigation counseling of assisted borrowers designed to ensure the continued long- term affordability of the mortgages which were the subject of the mortgage foreclosure mitigation assistance. 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 3 109 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 Reports.D e adlin es. C erti f i c ation.


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 123STA T .985PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 amend ed ,$2, 3 33, 0 00
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d ,Th a t n ofu nd s ma yb e used to p ay the sa l a ri es and benefits of any employee of the U nited S tates I ntera g en c y C ouncil on H omelessness that spends more than 1 0 days outside of the United States w hile not on annual lea v e . Title II of the M c K inney -V ento Homeless A ssistance Act, as amended, is amended in section 20 9 by stri k ing ‘ ‘200 8’ ’ and inserting ‘‘2010’’. TIT LE IV G E N E R AL P R O VISIONS — THIS ACT S EC . 4 01. Such sums as may be necessary for fiscal year 2009 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. SEC. 402. None of the funds in this Act shall be used for the planning or e x ecution of any program to pay the expenses of, or otherwise compensate, non- F ederal parties intervening in regulatory or ad j udicatory proceedings funded in this Act. SEC. 403. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 404. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursu- ant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2009, 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 House 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: Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for applica- tion of reprogramming and transfer authorities for the current Deadlin e .R e ports . C ontra c ts. 42US C 1 1 3 1 9 . Salaries and b ene f its.


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 123STA T .986PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 fiscalye a r:Provide d fu r th er ,Th a t the re po rt shall i n cl ud e: (1) ata b le for each appropriation w ith a separate colu m n to display the P resident ’ s bud g et re q uest, ad j ustments made by C ongress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted le v el ( 2 ) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendi x 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 $ 1 0 0,000 per day for each day after the required date that the report has not been submitted to the Congress .SEC . 4 0 6 . E xcept as otherwise specifically provided by law, not to exceed 5 0 percent of unobligated balances remaining available at the end of fiscal year 200 9 from appropriations made available for salaries and expenses for fiscal year 2009 in this A ct, shall remain available through September 30, 2010, for each such account for the purposes authori z ed: Provided , That a request shall be submitted to the H ouse and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogram- ming guidelines under section 405 of this Act. SEC. 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 31, 2009. 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 Equal Employment O pportunity Commission Notice N – 915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. SEC. 409. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that 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 Emine n tdo m a in .R e p o r t s. D ead l ine. E x pendit u re re q uest. F ines.


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 123STA T .987PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 designat ed foru se by t h e genera lp ubli c or w hich ha v e other co m mon - carrier or public-utility functions that serve the general public and are sub j ect 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 S mall B usiness L iability R elief and Brownsfield Revitali z ation A ct (P ublic Law 107– 11 8) shall be considered a public use for purposes of eminent domain . S EC. 4 10. N one of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment, e x cept 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, other than a temporary position, formerly held by an employee who has left to enter the Armed F orces of the United States and has satisfactorily completed his period of active military or naval service, and has within 9 0 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the O ffice of Personnel M anage- ment as still q ualified to perform the duties of his former position and has not been restored thereto. SEC. 41 2 . No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S. C . 10a–10c, popularly k nown as the ‘ ‘Buy American Act ’ ’). SEC. 413. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a–10c). T his division may be cited as the ‘‘Transportation, H ousing and Urban D evelopment, and Related Agencies Appropriations Act, 2009’’. D IV ISION J— FURTH E R PROVISIONS RELATING TO THE DE- PARTMENT OF HOMELAND SECURIT Y AND OTHER MAT- TERS DEPARTMENT OF HOMELAND SECURITY U NIT E D ST A TE S SEC R ET SER V ICE SA L ARIES AND E XP ENSES ( INCL U DIN G TRANS F ER O F FUNDS ) For an additional amount for ‘‘Salaries and Expenses’’, $ 100,000,000, to remain available until expended, to address addi- tional requirements related to the protection mission
 * Provide

d , That of this amount, not to exceed $12,730,000 may be transferred to ‘‘Acquisition, Construction, Improvements, and Related Expenses’’ to address the deferred maintenance backlog: Provided fu r th er, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section


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Page:United States Statutes at Large Volume 123.djvu/1008

 123STA T .98 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 1 1 05:C O N GRESSIONAL RECOR D, V ol . 155 (2 00 9) Feb . 25, c o nsid e r ed a nd p assed Ho u se. M ar. 2 –6, 9, 10, considered and passed Sena t e. DAILY COM P ILATION OF PRESIDENTIAL DOC U MENTS (2009): Mar. 11, Presidential state m ent. 301(b) ( 2 ) ofS.C o n. Res . 7 0 (110 th Con gr ess) , the c onc u rrent reso l u - t i ons on the bu d get for fisc a l y ears 200 8 and 200 9 . GEN ER ALP R OVI SIONS —TH IS D IVISION S EC . 101. Sections 1 4 3, 144, and 14 5 of di v ision A of the Consolidated Security, Disaster Assistance, and Continuing A p pro- priations Act, 2009 (Public La w 110 – 329 122 Stat. 3580 et se q .) are each a m ended by stri k ing ‘ ‘the date specified in section 10 6 (3) of this j oint resolution ’ ’ and inserting ‘‘September 30, 2009’’. SEC. 102. (a) E XT E NSIO NO F CO M MISSION ON T H EP R E V ENTION OF W E AP ONS OF M ASS DESTR U CTION PRO L IFERATION AN D TER- RORISM.—Effective as of F ebruary 1, 2009, section 1858 of the Implementing Recommendations of the 9 / 11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 504) is amended— (1) in subsection (a), by striking ‘‘60 days after’’ and all that follows through the end of the subsection and inserting ‘‘on March 1, 2010.’’; and (2) in subsection (b), by striking ‘‘the 60-day period referred to in subsection (a)’’ and inserting ‘‘the period beginning on February 2, 2009, and ending on February 28, 2010,’’. (b) FUNDIN G .—Of the funds provided under the heading ‘‘Oper- ation and Maintenance, Defense–Wide’’ in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110– 329; 122 Stat. 3606), $ 1,100,000 shall be made available only for purposes of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. SEC. 103. Notwithstanding any provision of section 601(a)(2) of the Legislative Reorgani z ation Act of 1946 (2 U .S.C. 31(2)), the percentage adjustment scheduled to take effect under any such provision in calendar year 2010 shall not take effect. Approved March 11, 2009. Payfre e z e .2USC31not e. Tim e p erio d . E ffe c ti v e date. 8 USC 132 4 a note , 11 5 3 note 42USC4 0 2 6 note.


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 123STA T .98 9 PUBLIC LA W 111 – 9 —M A R .2 0, 2009 LEGIS L AT I V E H IST ORY— H . R. 1 1 27:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) Mar . 4, c o nside red and p assed Ho u se. Mar. 11, considered and passed Sena t e. PublicLaw1 11 –9 111 thCongres s A n Act Toe x tend certain i m mi g ration programs. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S P ECI AL I M MI GR ANT NONMINISTER RELIGIO U S W OR K ER PROGRAM. Subcla u se s (I I ) a nd (III) of sec ti on 10 1(a)( 27 )( C )(ii) of t h e I m mi gr ation and N ationalit yA ct( 8U. S.C. 1101(a)(27)(C)(ii)) are amended by stri k ing ‘ ‘ M arch 6, 200 9, ’ ’ each p lace such term appears and inserting ‘‘September 3 0, 2009,’’. SEC. 2 . WAI V ERO F FOREIGN COUNTR Y RESI D ENCE RE Q UIREMENT WIT H RESPECT TO INTERNATIONAL MEDICAL GRADUATES. Section 220(c) of the Immigration and Nationality T echnical Corrections Act of 199 4 (8 U.S.C. 1182 note) is amended by striking ‘‘March 6, 2009’’ and inserting ‘‘September 30, 2009’’. Appro v ed March 20, 2009. Mar.20, 200 9[H . R. 1 12 7]


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 123STA T .9 9 0PUBLIC LA W 111 – 10 —M A R .20, 2009 LEGIS L AT I V E H IST ORY— H . R. 154 1
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O N GRESSIONAL RECOR D, V ol . 155 (20 0 9) Mar .1 7, c o nside red and p assed Ho u se and Sena t e. PublicLaw1 11 – 1 0 111 thCongres s A n Act To pro v ide f or an additional te m porar y e x tension of pro g rams under t h e Small B usiness Act and the Small Business Investment Act of 195 8, and for other purposes. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. E X TENSION. (a)INGE NE RAL.—Section1 o f t h e A ct entit l e d‘ ‘An Act to e x tend te mp o r aril y certain a u thoritie s of the Small B usiness Administration ’ ’, appro v ed O cto b er1 0, 2 00 6 ( P ublic L a w 10 9-3 16 120 Stat. 1 74 2), as most recently amended by section 1 of Public Law 110-23 5 (122 Stat. 1552), is amended by stri k in g ‘‘ M arch 20, 2009’’ in each place it appears and inserting ‘‘ J uly 31, 2009’’. (b) EF FE CTIV E D ATE.— T he amendment made by subsection (a) shall take effect on March 19, 2009. Approved March 20, 2009. Mar.20, 200 9[H . R. 154 1 ]


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 123STA T .9 91 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 PublicLaw1 11 – 11 111 thCongres s A n Act Todesignat e c e r tain l and as co mp onents o f t h e N ational W ilderness P reser v ation Sy stem , toa u thori z e certain programs and activities in the D epartment of the I nterior and the Department of A griculture, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E T AB LEO F CONTENTS. (a)SHORTTI T LE.— T hisActm a ybe cite d as the ‘ ‘ O m n ib u s P ub l ic L and M ana g ement Act of20 0 9’ ’. (b) T AB LEO FC O N TENT S .—The table of contents of this Act is as follo w s Sec. 1 . Short title ta b le of contents. TIT LE I — ADDITI O NSTOT H E NATIONAL WILDE R NESS PRESER V ATION S Y STE M Subtitle A—Wild Monongahela Wilderness Sec. 1 0 01. Designation of w ilderness, Monongahela National F orest, West Virginia. Sec. 100 2 . B oundary ad j ustment, Laurel For k South Wilderness, Monongahela Na - tional Forest. Sec. 100 3 . Monongahela National Forest boundary confirmation. Sec. 100 4 . Enhanced Trail Opportunities. Subtitle B—Virginia Ridge and Valley Wilderness Sec. 1101. Definitions. Sec. 1102. Designation of additional National Forest System land in J efferson Na- tional Forest as wilderness or a wilderness study area. Sec. 1103. Designation of K imberling C reek Potential Wilderness Area, Jefferson National Forest, Virginia. Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia. Sec. 110 5 . Trail plan and development. Sec. 110 6 . Maps and boundary descriptions. Sec. 110 7 . Effective date. Subtitle C—Mt. Hood Wilderness, Oregon Sec. 1201. Definitions. Sec. 1202. Designation of wilderness areas. Sec. 1203. Designation of streams for wild and scenic river protection in the Mount Hood area. Sec. 1204. Mount Hood National Recreation Area. Sec. 1205. Protections for Crystal Springs, U pper Big Bottom, and Cultus Creek. Sec. 1206. Land e x changes. Sec. 1207. Tribal provisions; planning and studies. Subtitle D—Copper Salmon Wilderness, Oregon Sec. 1301. Designation of the Copper Salmon Wilderness. Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon. Sec. 1303. Protection of tribal rights. Subtitle E—Cascade-Siskiyou National Monument, Oregon Sec. 1401. Definitions. OmnibusP ub l i cLa n dM ana ge men tA ct of20 0 9.16USC 1 note. Ma r . 3 0, 2009 [H . R .1 4 6 ]


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Page:United States Statutes at Large Volume 123.djvu/1012

 123STA T .9 92 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Sec.1402 . Voluntaryg ra zi ng lea s e d onation p rogra m . Sec. 140 3 . B o xR Ranc h land exchange. Sec. 1404. D eer f ield land exchange. Sec. 140 5 . Soda M ountain W ilderness. Sec. 140 6 . E ffect. Su b title F—Ow yhee P ublic L and Management Sec. 1501. Definitions. Sec. 1502. Owyhee Science Re v iew and C onservation Center. Sec. 1503. Wilderness areas. Sec. 1504. Designation of wild and scenic rivers. Sec. 1505. Land identified for disposal. Sec. 1506. T ribal cultural resources. Sec. 150 7 . Recreational travel management plans. Sec. 150 8 . A uthorization of appropriations. Subtitle G —Sabinoso Wilderness ,N ew Mexico Sec. 1601. Definitions. Sec. 1602. Designation of the Sabinoso Wilderness. Subtitle H —Pictured Roc k s National Lakeshore Wilderness Sec. 1651. Definitions. Sec. 1652. Designation of Beaver Basin Wilderness. Sec. 1653. Administration. Sec. 1654. Effect. Subtitle I —Oregon Badlands Wilderness Sec. 1701. Definitions. Sec. 1702. Oregon Badlands Wilderness. Sec. 1703. Release. Sec. 1704. Land exchanges. Sec. 1705. Protection of tribal treaty rights. Subtitle J —Spring Basin Wilderness, Oregon Sec. 1751. Definitions. Sec. 1752. Spring Basin Wilderness. Sec. 1753. Release. Sec. 1754. Land exchanges. Sec. 1755. Protection of tribal treaty rights. Subtitle K —Eastern Sierra and Northern San Gabriel Wilderness, California Sec. 1801. Definitions. Sec. 1802. Designation of wilderness areas. Sec. 1803. Administration of wilderness areas. Sec. 1804. Release of wilderness study areas. Sec. 1805. Designation of wild and scenic rivers. Sec. 1806. Bridgeport Winter Recreation Area. Sec. 1807. Management of area within Humboldt - Toiyabe National Forest. Sec. 1808. Ancient Bristlecone Pine Forest. Subtitle L—Riverside County Wilderness, California Sec. 1851. Wilderness designation. Sec. 1852. Wild and scenic river designations, Riverside County, California. Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument. Subtitle M—Se q uoia and Kings Canyon National Parks Wilderness, California Sec. 1 9 01. Definitions. Sec. 1902. Designation of wilderness areas. Sec. 1903. Administration of wilderness areas. Sec. 1904. Authorization of appropriations. Subtitle N—Rocky Mountain National Park Wilderness, Colorado Sec. 1951. Definitions. Sec. 1952. Rocky Mountain National Park Wilderness, Colorado. Sec. 1953. Grand River Ditch and Colorado-Big Thompson pro j ects. Sec. 1954. East Shore Trail Area. Sec. 1955. National forest area boundary adjustments. Sec. 1956. Authority to lease Leiffer tract.