158 
(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. 409. 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 
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 gen-
eral public (including energy-related, communication-re-
lated, water-related and wastewater-related infrastruc-
ture), other structures designated for use by the general 
public or which have other common-carrier or public-util-
ity functions that serve the general public and are subject 
to regulation and oversight by the government, and 
projects for the removal of an immediate threat to public 
health and safety or brownsfield as defined in the Small 
Business Liability Relief and Brownsfield Revitalization 
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159 
Act (Public Law 107–118) shall be considered a public 
use for purposes of eminent domain. 
SEC. 410. None of the funds made available in this 
Act may be transferred to any department, agency, or 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. 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, for-
merly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily com-
pleted his period of active military or naval service, and 
has within 90 days after his release from such service or 
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the 
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been 
restored thereto. 
SEC. 412. 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 
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160 
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican 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). 
This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2010’’. 
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Union Calendar No. 119 
111TH CONGRESS 
1ST SESSION 
H. R. 3288 
[Report No. 111–218] 
A BILL 
Making appropriations for the Departments of 
Transportation, and Housing and Urban Devel-
opment, and related agencies for the fiscal year 
ending September 30, 2010, and for other pur-
poses. 
JULY 22, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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