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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 con-
ditions) to provide mortgage foreclosure mitigation 
assistance primarily to States and areas with high 
rates of defaults and foreclosures to help eliminate the 
default and foreclosure of mortgages of owner-occupied 
single-family homes that are at risk of such fore-
closure. Other than areas with high rates of defaults 
and foreclosures, grants may also be provided to ap-
proved counseling intermediaries based on a geo-
graphic analysis of the Nation by the NRC which de-
termines where there is a prevalence of mortgages that 
are risky and likely to fail, including any trends for 
mortgages that are likely to default and face fore-
closure. A State Housing Finance Agency may also be 
eligible where the State Housing Finance Agency 
meets all the requirements under this paragraph. A 
HUD-approved counseling intermediary shall meet 
certain mortgage foreclosure mitigation assistance 
counseling requirements, as determined by the NRC, 
and shall be approved by HUD or the NRC as meet-
ing these requirements. 
(2) Mortgage foreclosure mitigation assistance 
shall only be made available to homeowners of owner- 
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occupied homes with mortgages in default or in dan-
ger of default. These mortgages shall likely be subject 
to a foreclosure action and homeowners will be pro-
vided 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 bal-
ances or for any other direct debt reduction payments. 
(3) The use of Mortgage Foreclosure Mitigation 
Assistance by approved counseling intermediaries and 
State Housing Finance Agencies shall involve a rea-
sonable 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-Fed-
eral party, counseling regarding the possible purchase 
of the mortgage by a non-Federal third party, coun-
seling and advice of all likely restructuring and refi-
nancing strategies or the approval of a work-out 
strategy by all interested parties. 
(4) NRC may provide up to 15 percent of the 
total funds under this paragraph to its own charter 
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members with expertise in foreclosure prevention 
counseling, subject to a certification by the NRC that 
the procedures for selection do not consist of any pro-
cedures or activities that could be construed as an un-
acceptable conflict of interest or have the appearance 
of impropriety. 
(5) HUD-approved counseling entities and State 
Housing Finance Agencies receiving funds under this 
paragraph shall have demonstrated experience in suc-
cessfully working with financial institutions as well 
as borrowers facing default, delinquency and fore-
closure as well as documented counseling capacity, 
outreach capacity, past successful performance and 
positive outcomes with documented counseling plans 
(including post mortgage foreclosure mitigation coun-
seling), loan workout agreements and loan modifica-
tion agreements. NRC may use other criteria to dem-
onstrate capacity in underserved areas. 
(6) Of the total amount made available under 
this paragraph, up to $3,000,000 may be made avail-
able to build the mortgage foreclosure and default 
mitigation counseling capacity of counseling inter-
mediaries through NRC training courses with HUD- 
approved counseling intermediaries and their part-
ners, except that private financial institutions that 
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participate in NRC training shall pay market rates 
for such training. 
(7) Of the total amount made available under 
this paragraph, up to 4 percent may be used for asso-
ciated administrative expenses for the NRC to carry 
out activities provided under this section. 
(8) Mortgage foreclosure mitigation assistance 
grants may include a budget for outreach and adver-
tising, and training, as determined by the NRC. 
(9) The NRC shall continue to report bi-annu-
ally to the House and Senate Committees on Appro-
priations as well as the Senate Banking Committee 
and House Financial Services Committee on its ef-
forts to mitigate mortgage default. 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses (including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rent-
al of conference rooms, and the employment of experts and 
consultants under section 3109 of title 5, United States 
Code) of the United States Interagency Council on Home-
lessness in carrying out the functions pursuant to title II 
of the McKinney-Vento Homeless Assistance Act, as amend-
ed, $3,640,000. 
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TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. Such sums as may be necessary for fiscal 
year 2012 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 execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings fund-
ed in this Act. 
SEC. 403. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current fis-
cal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
SEC. 404. The expenditure of any appropriation under 
this Act for any consulting service through procurement 
contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expendi-
tures 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 
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appropriations Acts to the agencies or entities funded in 
this Act that remain available for obligation or expenditure 
in fiscal year 2012, or provided 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 obliga-
tion 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 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 activi-
ties 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 Committees on 
Appropriations or the table accompanying the explan-
atory statement accompanying this Act, whichever is 
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more detailed, unless prior approval is received from 
the House and Senate Committees 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 Ap-
propriations of the Senate and of the House of Rep-
resentatives to establish the baseline for application of 
reprogramming and transfer authorities for the cur-
rent fiscal year: Provided further, That the report 
shall include: 
(A) a table for each appropriation with a 
separate column to display the President’s budg-
et request, adjustments made by Congress, ad-
justments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(B) a delineation in the table for each ap-
propriation both by object class and program, 
project, and activity as detailed in the budget 
appendix for the respective appropriation; and 
(C) an identification of items of special con-
gressional interest: Provided further, That the 
amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by 
$100,000 per day for each day after the required 
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date that the report has not been submitted to the 
Congress. 
SEC. 406. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2012 from ap-
propriations made available for salaries and expenses for 
fiscal year 2012 in this Act, shall remain available through 
September 30, 2013, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to 
the House 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 reprogramming guidelines under section 405 of this 
Act. 
SEC. 407. All Federal agencies and departments that 
are funded under this Act shall issue a report to the House 
and Senate Committees on Appropriations on all sole- 
source contracts by no later than July 30, 2012. Such report 
shall include the contractor, the amount of the contract and 
the rationale for using a sole-source contract. 
SEC. 408. (a) None of the funds made available in this 
Act may be obligated or expended for any employee training 
that— 
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(1) does not meet identified needs for knowledge, 
skills, and abilities bearing directly upon the perform-
ance of official duties; 
(2) contains elements likely to induce high levels 
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 training 
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 Employ-
ment Opportunity Commission Notice N–915.022, 
dated September 2, 1988; or 
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place. 
(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 em-
ployed only for a public use: Provided, That for purposes 
of this section, public use shall not be construed to include 
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economic development that primarily benefits private enti-
ties: Provided further, That any use of funds for mass tran-
sit, railroad, airport, seaport or highway projects as well 
as utility projects which benefit or serve the general public 
(including energy-related, communication-related, water-re-
lated and wastewater-related infrastructure), other struc-
tures designated for use by the general public or which have 
other common-carrier or public-utility functions that serve 
the general public and are subject to regulation and over-
sight 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 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 pur-
suant to a transfer made by, or transfer authority provided 
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, formerly 
held by an employee who has left to enter the Armed Forces 
of the United States and has satisfactorily completed his 
period of active military or naval service, and has within 
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90 days after his release from such service or from hos-
pitalization 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 Office of Per-
sonnel Management as still qualified to perform 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 sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 
10a–10c, popularly known as the ‘‘Buy American Act’’). 
SEC. 413. No funds appropriated or otherwise made 
available under this Act shall be made available to any per-
son or entity that has been convicted of violating the Buy 
American Act (41 U.S.C. 10a–10c). 
SEC. 414. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
SEC. 415. None of the funds made available in this 
Act may be used to purchase a light bulb for an office build-
ing unless the light bulb has, to the extent practicable, an 
Energy Star or Federal Energy Management Program des-
ignation. 
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SEC. 416. None of the funds made available in this 
Act may be used to establish, issue, implement, administer, 
or enforce any prohibition or restriction on the establish-
ment or effectiveness of any occupancy preference for vet-
erans in supportive housing for the elderly that: 
(1) is provided assistance by the Department of 
Housing and Urban Development; and 
(2) is or would be located on property of the De-
partment of Veterans Affairs; or 
(3) is subject to an enhanced use lease with the 
Department of Veterans Affairs. 
SEC. 417. None of the funds made available under this 
Act or any prior Act may be provided to the Association 
of Community Organizations for Reform Now (ACORN), 
or any of its affiliates, subsidiaries, or allied organizations. 
SEC. 418. Concurrent with the issuance of any notice 
of funding availability or any other notice designed to so-
licit applications for a program through which grants or 
credit assistance are awarded through a competitive proc-
ess, the Secretary of Transportation and the Secretary of 
Housing and Urban Development shall post on their Web 
sites information about such program, including, but not 
limited to, the goals of the program, the criteria that will 
be used in awarding grants or credit assistance, and the 
process by which applications will be selected for the award 
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of a grant or credit assistance: Provided, That concurrent 
with the public announcement of grants or credit assistance 
to be awarded through such competitive program, the Sec-
retary of Transportation and the Secretary of Housing and 
Urban Development shall post on their Web sites informa-
tion on each applicant to be awarded a grant or credit as-
sistance, including, but not limited to, the name and ad-
dress of the applicant, the amount of the grant or credit 
assistance to be awarded, the amount of financing expected 
from other sources, and an explanation of how such award 
is consistent with program goals. 
SEC. 419. Notwithstanding section 701, none of the 
funds made available by this Act may be used to purchase 
new passenger motor vehicles, except for national security, 
law enforcement needs, public transit, safety, and research: 
Provided further, all agencies and departments funded by 
divisions A, B, and C of this Act shall send to Congress 
at the end of the Fiscal Year a report containing a complete 
inventory of the total number of vehicles owned, perma-
nently retired, and purchased during Fiscal Year 2012 as 
well as the total cost of the vehicle fleet, including mainte-
nance, fuel, storage, purchasing, and leasing. 
SEC. 420 . A person or entity that receives a Federal 
loan using amounts made available under division A, divi-
sion B, or division C of this Act may not repay the loan 
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using a Federal grant or other award funded with amounts 
made available under division A, division B, or division 
C of this Act: Provided further, a grant or other award 
funded with amounts made available under division A, di-
vision B, or division C of this Act may not be used to repay 
a Federal loan. 
This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2012’’. 
Amend the title so as to read: ‘‘An Act making con-
solidated appropriations for the Departments of Agri-
culture, Commerce, Justice, Transportation, and Housing 
and Urban Development, and related programs for the 
fiscal year ending September 30, 2012, and for other 
purposes.’’. 
Passed the House of Representatives June 16, 2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
Passed the Senate November 1, 2011. 
Attest: 
NANCY ERICKSON, 
Secretary. 
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