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tions, as determined by the Secretary of Housing and 
Urban Development (in this section referred to as the 
‘‘Secretary’’), and comply with any standards under appli-
cable State or local laws, rules, ordinances, or regulations 
relating to the physical condition of any property covered 
under a housing assistance payment contract. 
(b) The Secretary shall take action under subsection 
(c) when a multifamily housing project with a section 8 
contract or contract for similar project-based assistance— 
(1) receives a Uniform Physical Condition 
Standards (UPCS) score of 60 or less; or 
(2) fails to certify in writing to the Secretary 
within 3 days that all Exigent Health and Safety de-
ficiencies identified by the inspector at the project 
have been corrected. 
Such requirements shall apply to insured and noninsured 
projects with assistance attached to the units under sec-
tion 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f), but do not apply to such units assisted 
under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 
public housing units assisted with capital or operating 
funds under section 9 of the United States Housing Act 
of 1937 (42 U.S.C. 1437g). 
(c)(1) Within 15 days of the issuance of the REAC 
inspection, the Secretary must provide the owner with a 
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Notice of Default with a specified timetable, determined 
by the Secretary, for correcting all deficiencies. The Sec-
retary must also provide a copy of the Notice of Default 
to the tenants, the local government, any mortgagees, and 
any contract administrator. If the owner’s appeal results 
in a UPCS score of 60 or above, the Secretary may with-
draw the Notice of Default. 
(2) At the end of the time period for correcting all 
deficiencies specified in the Notice of Default, if the owner 
fails to fully correct such deficiencies, the Secretary may— 
(A) require immediate replacement of project 
management with a management agent approved by 
the Secretary; 
(B) impose civil money penalties, which shall be 
used solely for the purpose of supporting safe and 
sanitary conditions at applicable properties, as des-
ignated by the Secretary, with priority given to the 
tenants of the property affected by the penalty; 
(C) abate the section 8 contract, including par-
tial abatement, as determined by the Secretary, until 
all deficiencies have been corrected; 
(D) pursue transfer of the project to an owner, 
approved by the Secretary under established proce-
dures, which will be obligated to promptly make all 
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required repairs and to accept renewal of the assist-
ance contract as long as such renewal is offered; 
(E) transfer the existing section 8 contract to 
another project or projects and owner or owners; 
(F) pursue exclusionary sanctions, including 
suspensions or debarments from Federal programs; 
(G) seek judicial appointment of a receiver to 
manage the property and cure all project deficiencies 
or seek a judicial order of specific performance re-
quiring the owner to cure all project deficiencies; 
(H) work with the owner, lender, or other re-
lated party to stabilize the property in an attempt 
to preserve the property through compliance, trans-
fer of ownership, or an infusion of capital provided 
by a third-party that requires time to effectuate; or 
(I) take any other regulatory or contractual 
remedies available as deemed necessary and appro-
priate by the Secretary. 
(d) The Secretary shall also take appropriate steps 
to ensure that project-based contracts remain in effect, 
subject to the exercise of contractual abatement remedies 
to assist relocation of tenants for major threats to health 
and safety after written notice to the affected tenants. To 
the extent the Secretary determines, in consultation with 
the tenants and the local government, that the property 
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is not feasible for continued rental assistance payments 
under such section 8 or other programs, based on consid-
eration of— 
(1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local 
resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (‘‘MAHRAA’’); and 
(2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary 
may contract for project-based rental assistance pay-
ments with an owner or owners of other existing 
housing properties, or provide other rental assist-
ance. 
(e) The Secretary shall report quarterly on all prop-
erties covered by this section that are assessed through 
the Real Estate Assessment Center and have UPCS phys-
ical inspection scores of less than 60 or have received an 
unsatisfactory management and occupancy review within 
the past 36 months. The report shall include— 
(1) the enforcement actions being taken to ad-
dress such conditions, including imposition of civil 
money penalties and termination of subsidies, and 
identify properties that have such conditions mul-
tiple times; 
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(2) actions that the Department of Housing 
and Urban Development is taking to protect tenants 
of such identified properties; and 
(3) any administrative or legislative rec-
ommendations to further improve the living condi-
tions at properties covered under a housing assist-
ance payment contract. 
This report shall be due to the Senate and House Commit-
tees on Appropriations no later than 30 days after the 
enactment of this Act, and on the first business day of 
each Federal fiscal year quarter thereafter while this sec-
tion remains in effect. 
SEC. 221. None of the funds made available by this 
Act, or any other Act, for purposes authorized under sec-
tion 8 (only with respect to the tenant-based rental assist-
ance program) and section 9 of the United States Housing 
Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 
any public housing agency for any amount of salary, in-
cluding bonuses, for the chief executive officer of which, 
or any other official or employee of which, that exceeds 
the annual rate of basic pay payable for a position at level 
IV of the Executive Schedule at any time during any pub-
lic housing agency fiscal year 2020. 
SEC. 222. None of the funds in this Act provided to 
the Department of Housing and Urban Development may 
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be used to make a grant award unless the Secretary noti-
fies the House and Senate Committees on Appropriations 
not less than 3 full business days before any project, 
State, locality, housing authority, tribe, nonprofit organi-
zation, or other entity selected to receive a grant award 
is announced by the Department or its offices. 
SEC. 223. None of the funds made available by this 
Act may be used to require or enforce the Physical Needs 
Assessment (PNA). 
SEC. 224. None of the funds made available in this 
Act shall be used by the Federal Housing Administration, 
the Government National Mortgage Administration, or the 
Department of Housing and Urban Development to in-
sure, securitize, or establish a Federal guarantee of any 
mortgage or mortgage backed security that refinances or 
otherwise replaces a mortgage that has been subject to 
eminent domain condemnation or seizure, by a State, mu-
nicipality, or any other political subdivision of a State. 
SEC. 225. None of the funds made available by this 
Act may be used to terminate the status of a unit of gen-
eral local government as a metropolitan city (as defined 
in section 102 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5302)) with respect to 
grants under section 106 of such Act (42 U.S.C. 5306). 
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SEC. 226. Amounts made available under this Act 
which are either appropriated, allocated, advanced on a 
reimbursable basis, or transferred to the Office of Policy 
Development and Research in the Department of Housing 
and Urban Development and functions thereof, for re-
search, evaluation, or statistical purposes, and which are 
unexpended at the time of completion of a contract, grant, 
or cooperative agreement, may be deobligated and shall 
immediately become available and may be reobligated in 
that fiscal year or the subsequent fiscal year for the re-
search, evaluation, or statistical purposes for which the 
amounts are made available to that Office subject to re-
programming requirements in section 405 of this Act. 
SEC. 227. Funds made available in this title under 
the heading ‘‘Homeless Assistance Grants’’ may be used 
by the Secretary to participate in Performance Partner-
ship Pilots authorized under section 526 of division H of 
Public Law 113–76, section 524 of division G of Public 
Law 113–235, section 525 of division H of Public Law 
114–113, and such authorities as are enacted for Perform-
ance Partnership Pilots in an appropriations Act for fiscal 
year 2019: Provided, That such participation shall be lim-
ited to no more than 10 continuums of care and housing 
activities to improve outcomes for disconnected youth. 
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SEC. 228. With respect to grant amounts awarded 
under the heading ‘‘Homeless Assistance Grants’’ for fis-
cal years 2015 and subsequent fiscal years for the con-
tinuum of care (CoC) program as authorized under sub-
title C of title IV of the McKinney-Vento Homeless Assist-
ance Act, costs paid by program income of grant recipients 
may count toward meeting the recipient’s matching re-
quirements, provided the costs are eligible CoC costs that 
supplement the recipient’s CoC program. 
SEC. 229. (a) From amounts made available under 
this title under the heading ‘‘Homeless Assistance 
Grants’’, the Secretary may award 1-year transition 
grants to recipients of funds for activities under subtitle 
C of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11381 et seq.) to transition from one Continuum 
of Care program component to another. 
(b) No more than 50 percent of each transition grant 
may be used for costs of eligible activities of the program 
component originally funded. 
(c) Transition grants made under this section are eli-
gible for renewal in subsequent fiscal years for the eligible 
activities of the new program component. 
(d) In order to be eligible to receive a transition 
grant, the funding recipient must have the consent of the 
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Continuum of Care and meet standards determined by the 
Secretary. 
SEC. 230. None of the funds made available by this 
Act may be used by the Department of Housing and 
Urban Development to direct a grantee to undertake spe-
cific changes to existing zoning laws as part of carrying 
out the final rule entitled ‘‘Affirmatively Furthering Fair 
Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 
notice entitled ‘‘Affirmatively Furthering Fair Housing 
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 
2014)). 
SEC. 231. (a) ESTABLISHMENT OF FUND.—There is 
hereby established in the Treasury of the United States 
a fund to be known as HUD HAG Fund (in this section 
referred to as the ‘‘Fund’’). 
(b) CREDITS TO FUND.— 
(1) FUTURE
TRANSFERS.—Unobligated bal-
ances of recaptured funds (except for amounts nec-
essary for grant amount corrections) appropriated 
by any Act in this or any subsequent fiscal year 
under the account for ‘‘Department of Housing and 
Urban Development—Community Planning and De-
velopment—Homeless Assistance Grants’’ (in this 
section referred to as the ‘‘HAG account’’) shall be 
transferred into the Fund. 
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(2) RESCISSION AND AVAILABILITY OF FISCAL 
YEAR 2018 AMOUNTS.—Of any amounts appropriated 
under the HAG account by the Transportation, 
Housing and Urban Development, and Related 
Agencies Appropriations Act, 2018 (division L of 
Public Law 115–141), 90 percent of any balances 
remaining unobligated as of September 1, 2020, are 
hereby rescinded, and an amount of additional new 
budget authority equivalent to the amount rescinded 
is hereby appropriated and shall be transferred to 
the Fund. 
(c) PURPOSES.—Amounts transferred to the Fund 
shall be available until expended, and in addition to such 
other funds as may be available for such purposes, only 
for the following purposes: 
(1) For grants under the Continuum of Care 
program under subtitle C of title IV of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 
11381 et seq.). 
(2) For grants under the Emergency Solutions 
Grant program under subtitle B of title IV of such 
Act (42 U.S.C. 11371 et seq.). 
(3) Not less than 10 percent of amounts trans-
ferred to the Fund shall be used only for grants, as 
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established and determined by the Secretary, in 
rural areas. 
(4) Not less than 10 percent of amounts trans-
ferred to the Fund shall be used for grants, as es-
tablished and determined by the Secretary, only pur-
suant to the declaration of a major disaster under 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) in the 
most impacted and distressed areas resulting from 
such disaster. 
(d) TRANSFER FOR USE.— 
(1) Amounts in the Fund shall be transferred 
to the HAG account before obligation and expendi-
ture. 
(2) Amounts in the Fund may be transferred to 
the HAG account only after the expiration of the 15- 
day period beginning upon the day that the Sec-
retary of Housing and Urban Development submits 
written notice to the Committees on Appropriations 
of the House of Representatives and the Senate of 
the planned use of such transferred amounts, except 
that amounts transferred for the purposes specified 
in subsection (c)(4) may be transferred with concur-
rent written notice to such Committees. 
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SEC. 232. The Promise Zone designations and Prom-
ise Zone Designation Agreements entered into pursuant 
to such designations, made by the Secretary of Housing 
and Urban Development in prior fiscal years, shall remain 
in effect in accordance with the terms and conditions of 
such agreements. 
SEC. 233. None of the funds made available by this 
Act may be used to establish and apply review criteria, 
including rating factors or preference points, for participa-
tion in or coordination with EnVision Centers, in the eval-
uation, selection, and award of any funds made available 
and requiring competitive selection under this Act, except 
with respect to any such funds otherwise authorized for 
EnVision Center purposes under this Act. 
SEC. 234. None of the funds made available to the 
Department of Housing and Urban Development by this 
or any other Act may be used to implement, administer, 
enforce, or in any way make effective the proposed rule 
entitled ‘‘Housing and Community Development Act of 
1980: Verification of Eligible Status’’, issued by the De-
partment of Housing and Urban Development on May 10, 
2019 (Docket No. FR–6124–P–01), or any final rule 
based substantially on such proposed rule. 
SEC. 235. (a) The Secretary of Housing and Urban 
Development shall make available to grantees under pro-
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grams included under the Department’s Consolidated 
Planning Process, not later than the expiration of the 90- 
day period beginning on the date of the enactment of this 
Act, the prepopulated up-to-date housing and economic 
data and data for both broadband and resilience assess-
ment requirements, as referred to in the HUD Response 
to the third comment under section III.A. of the Supple-
mentary Information included with the final rule entitled 
‘‘Modernizing HUD’s Consolidated Planning Process To 
Narrow the Digital Divide and Increase Resilience to Nat-
ural Hazards’’, published by the Department of Housing 
and Urban Development in the Federal Register on Fri-
day, December 16, 2016 (81 Fed. Reg. 91000). 
(b) The Secretary of Housing and Urban Develop-
ment shall require such grantees to incorporate the 
broadband and resilience components into the Consoli-
dated Plan process not later than the expiration of the 
270-day period beginning on the date of the enactment 
of this Act. 
SEC. 236. None of the funds made available to the 
Department of Housing and Urban Development by this 
or any other Act may be used to implement, administer, 
enforce, or in any way make effective any rule making any 
change to the rule entitled ‘‘Equal Access in Accordance 
With an Individual’s Gender Identity in Community Plan-
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ning and Development Programs’’ published by the De-
partment of Housing and Urban Development in the Fed-
eral Register on September 21, 2016 (81 Fed. Reg. 
64763) or to the rule entitled ‘‘Equal Access to Housing 
in HUD Programs Regardless of Sexual Orientation or 
Gender Identity’’ published by such Department in the 
Federal Register on February 3, 2012 (77 Fed. Reg. 
5662). 
SEC. 237. Notwithstanding any other provision of 
law, the notice issued by the Department of Housing and 
Urban Development on February 20, 2015, and entitled 
‘‘Appropriate Placement for Transgender Persons in Sin-
gle-Sex Emergency Shelters and Other Facilities’’ (Notice 
CPD–15–02) shall have the force and effect of law. 
SEC. 238. The Secretary of Housing and Urban De-
velopment may not, in this fiscal year or any fiscal year 
thereafter, implement, require, enforce, or otherwise make 
effective any change, amendment, or alteration to any 
term or condition of the Annual Contributions Contract 
between the Secretary and any public housing agency, as 
such contract was in effect as of January 1, 2018, unless 
such change, amendment, or alteration is made pursuant 
to a rule issued after notice and an opportunity for public 
comment and in accordance with the procedure under sec-
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tion 553 of title 5, United States Code, applicable to sub-
stantive rules. 
This title may be cited as the ‘‘Department of Hous-
ing and Urban Development Appropriations Act, 2020’’. 
TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Access Board, as au-
thorized by section 502 of the Rehabilitation Act of 1973, 
as amended, $8,400,000 (increased by $800,000): Pro-
vided, That, notwithstanding any other provision of law, 
there may be credited to this appropriation funds received 
for publications and training expenses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime 
Commission as authorized by section 201(d) of the Mer-
chant Marine Act, 1936, as amended (46 U.S.C. 307), in-
cluding services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, $28,000,000: Provided, That 
not to exceed $2,000 shall be available for official recep-
tion and representation expenses. 
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NATIONAL RAILROAD PASSENGER CORPORATION 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General for the National Railroad Passenger Corporation 
to carry out the provisions of the Inspector General Act 
of 1978, as amended, $23,274,000: Provided, That the In-
spector General shall have all necessary authority, in car-
rying out the duties specified in the Inspector General Act, 
as amended (5 U.S.C. App. 3), to investigate allegations 
of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to 
regulation by the National Railroad Passenger Corpora-
tion: Provided further, That the Inspector General may 
enter into contracts and other arrangements for audits, 
studies, analyses, and other services with public agencies 
and with private persons, subject to the applicable laws 
and regulations that govern the obtaining of such services 
within the National Railroad Passenger Corporation: Pro-
vided further, That the Inspector General may select, ap-
point, and employ such officers and employees as may be 
necessary for carrying out the functions, powers, and du-
ties of the Office of Inspector General, subject to the appli-
cable laws and regulations that govern such selections, ap-
pointments, and employment within the Corporation: Pro-
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vided further, That concurrent with the President’s budget 
request for fiscal year 2021, the Inspector General shall 
submit to the House and Senate Committees on Appro-
priations a budget request for fiscal year 2021 in similar 
format and substance to those submitted by executive 
agencies of the Federal Government. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transpor-
tation Safety Board, including hire of passenger motor ve-
hicles and aircraft; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the rate for a GS–15; uniforms, 
or allowances therefor, as authorized by law (5 U.S.C. 
5901–5902), $110,400,000, of which not to exceed $2,000 
may be used for official reception and representation ex-
penses. The amounts made available to the National 
Transportation Safety Board in this Act include amounts 
necessary to make lease payments on an obligation in-
curred in fiscal year 2001 for a capital lease. 
NEIGHBORHOOD REINVESTMENT CORPORATION 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 
CORPORATION 
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, 
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as authorized by the Neighborhood Reinvestment Corpora-
tion Act (42 U.S.C. 8101–8107), $170,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transpor-
tation Board, including services authorized by 5 U.S.C. 
3109, $37,100,000: Provided, That notwithstanding any 
other provision of law, not to exceed $1,250,000 from fees 
established by the Chairman of the Surface Transpor-
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized 
expenses under this heading: Provided further, That the 
sum herein appropriated from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting col-
lections are received during fiscal year 2020, to result in 
a final appropriation from the general fund estimated at 
no more than $35,850,000. 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses (including payment of sala-
ries, authorized travel, hire of passenger motor vehicles, 
the rental of conference rooms, and the employment of ex-
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perts and consultants under section 3109 of title 5, United 
States Code) of the United States Interagency Council on 
Homelessness in carrying out the functions pursuant to 
title II of the McKinney-Vento Homeless Assistance Act, 
as amended, $4,100,000, to remain available until Sep-
tember 30, 2021. 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. None of the funds in this Act shall be used 
for the planning or execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings 
funded in this Act. 
SEC. 402. 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 appropria-
tions, unless expressly so provided herein. 
SEC. 403. The expenditure of any appropriation 
under this Act for any consulting service through a pro-
curement contract pursuant to section 3109 of title 5, 
United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise pro-
vided under existing law, or under existing Executive order 
issued pursuant to existing law. 
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SEC. 404. (a) None of the funds made available in 
this Act may be obligated or expended for any employee 
training that— 
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ 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. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by pre-
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vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2020, or provided from any ac-
counts 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 re-
programming of funds that— 
(1) creates a new program; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by the Congress; 
(4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees 
on Appropriations for a different purpose; 
(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; 
(6) reduces existing programs, projects, or ac-
tivities by $5,000,000 or 10 percent, whichever is 
less; or 
(7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, 
agency, administration, or department different from 
the budget justifications submitted to the Commit-
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tees on Appropriations or the table accompanying 
the joint explanatory statement accompanying this 
Act, whichever is more detailed, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations: Provided, That not later 
than 60 days after the date of enactment of this 
Act, each agency funded by this Act shall submit a 
report to the Committees on Appropriations of the 
Senate and of the House of Representatives to es-
tablish the baseline for application of reprogram-
ming and transfer authorities for the current fiscal 
year: Provided further, That the report shall in-
clude— 
(A) a table for each appropriation with a 
separate column to display the prior year en-
acted level, the President’s budget request, ad-
justments made by Congress, adjustments due 
to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(B) a delineation in the table for each ap-
propriation and its respective prior year enacted 
level by object class and program, project, and 
activity as detailed in this Act, the table accom-
panying the explanatory statement accom-
panying this Act, accompanying reports of the 
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House and Senate Committee on Appropria-
tions, or in the budget appendix for the respec-
tive appropriations, whichever is more detailed, 
and shall apply to all items for which a dollar 
amount is specified and to all programs for 
which new budget (obligational) authority is 
provided, as well as to discretionary grants and 
discretionary grant allocations; and 
(C) an identification of items of special 
congressional interest. 
SEC. 406. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2020 from 
appropriations made available for salaries and expenses 
for fiscal year 2020 in this Act, shall remain available 
through September 30, 2021, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such 
funds: Provided further, That these requests shall be made 
in compliance with reprogramming guidelines under sec-
tion 405 of this Act. 
SEC. 407. No funds in this Act may be used to sup-
port any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is 
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employed only for a public use: Provided, That for pur-
poses of this section, public use shall not be construed to 
include economic development that primarily benefits pri-
vate 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, communica-
tion-related, water-related and wastewater-related infra-
structure), other structures designated for use by the gen-
eral public or which have other common-carrier or public- 
utility functions that serve the general public and are sub-
ject to regulation and oversight by the government, and 
projects for the removal of an immediate threat to public 
health and safety or brownfields as defined in the Small 
Business Liability Relief and Brownfields Revitalization 
Act (Public Law 107–118) shall be considered a public 
use for purposes of eminent domain. 
SEC. 408. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 409. 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, for-
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merly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily com-
pleted his or her period of active military or naval service, 
and has within 90 days after his or her 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 or her former position and has been 
certified by the Office of Personnel Management as still 
qualified to perform the duties of his or her former posi-
tion and has not been restored thereto. 
SEC. 410. 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. 8301–8305, popularly known as the ‘‘Buy 
American Act’’). 
SEC. 411. 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. 8301–8305). 
SEC. 412. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
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SEC. 413. (a) None of the funds made available by 
this Act may be used to approve a new foreign air carrier 
permit under sections 41301 through 41305 of title 49, 
United States Code, or exemption application under sec-
tion 40109 of that title of an air carrier already holding 
an air operators certificate issued by a country that is 
party to the U.S.-E.U.-Iceland-Norway Air Transport 
Agreement where such approval would contravene United 
States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor-
way Air Transport Agreement. 
(b) Nothing in this section shall prohibit, restrict or 
otherwise preclude the Secretary of Transportation from 
granting a foreign air carrier permit or an exemption to 
such an air carrier where such authorization is consistent 
with the U.S.-E.U.-Iceland-Norway Air Transport Agree-
ment and United States law. 
SEC. 414. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees of a single agency or de-
partment of the United States Government, who are sta-
tioned in the United States, at any single international 
conference unless the relevant Secretary reports to the 
House and Senate Committees on Appropriations at least 
5 days in advance that such attendance is important to 
the national interest: Provided, That for purposes of this 
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