121 
Acts for such purposes under this heading, shall be consid-
ered to be funds for a special project for purposes of sec-
tion 305(c) of the Multifamily Housing Property Disposi-
tion Reform Act of 1994: Provided further, That amounts 
made available under this heading in this or prior appro-
priations Acts, and that still remain available, may be used 
for any purpose under this heading notwithstanding the 
purpose for which such amounts were appropriated if a 
program competition is undersubscribed and there are 
other program competitions under this heading that are 
oversubscribed: Provided further, That a Notice of Fund-
ing Availability shall be issued not later than 60 days after 
enactment of this Act. 
MANAGEMENT AND ADMINISTRATION 
WORKING CAPITAL FUND 
For additional capital for the Working Capital Fund 
(42 U.S.C. 3535) for the maintenance of infrastructure 
for Department-wide information technology systems, for 
the continuing operation and maintenance of both Depart-
ment-wide and program-specific information systems, and 
for program-related maintenance activities, $243,500,000, 
to remain available until September 30, 2012: Provided, 
That any amounts transferred to this Fund under this Act 
shall remain available until expended: Provided further, 
That any amounts transferred to this Fund from amounts
122 
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 appropriated: Provided further, 
That up to $15,000,000 may be transferred to this ac-
count from all other accounts in this title (except for the 
Office of the Inspector General 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 1978, as amended, $122,000,000: Provided, That 
the Inspector General shall have independent authority 
over all personnel issues within this office. 
TRANSFORMATION INITIATIVE 
For necessary expenses for combating mortgage 
fraud, $20,000,000, to remain available until expended. 
In addition, of the amounts made available in this 
Act under each of the following headings under this title, 
the Secretary may transfer to, and merge with, this ac-
count up to 1 percent from each such account, and such 
transferred amounts shall be available until September 30, 
2014, for: (1) research, evaluation, and program metrics; 
(2) program demonstrations; (3) technical assistance and 
capacity building; and (4) information technology: ‘‘Ten-
123 
ant-Based Rental Assistance’’, ‘‘Public Housing Operating 
Fund’’, ‘‘Indian Housing Loan Guarantee Fund Program 
Account’’, ‘‘Native Hawaiian Housing Block Grants’’, 
‘‘Housing Opportunities for Persons With AIDS’’, ‘‘Com-
munity Development Fund’’, ‘‘Housing Counseling Assist-
ance’’, ‘‘Payment to Manufactured Housing Fees Trust 
Fund’’, ‘‘Mutual Mortgage Insurance Program Account’’, 
‘‘Lead Hazard Reduction’’, and ‘‘Rental Housing Assist-
ance’’: Provided, That of the amounts made available 
under this paragraph, not less than $130,000,000 shall 
be available for information technology modernization, in-
cluding development and deployment of a Next Generation 
of Voucher Management System and development and de-
ployment of modernized Federal Housing Administration 
systems: Provided further, That not more than 25 percent 
of the funds made available for information technology 
modernization may be obligated until the Secretary sub-
mits to the Committees on Appropriations a plan for ex-
penditure that: (1) identifies for each modernization 
project: (a) the functional and performance capabilities to 
be delivered and the mission benefits to be realized; (b) 
the estimated lifecycle cost; and (c) key milestones to be 
met; (2) demonstrates that each modernization project is: 
(a) compliant with the department’s enterprise architec-
ture; (b) being managed in accordance with applicable
124 
lifecycle management policies and guidance; (c) subject to 
the department’s capital planning and investment control 
requirements; and (d) supported by an adequately staffed 
project office; and (3) has been reviewed by the Govern-
ment Accountability Office: Provided further, That of the 
amounts made available under this paragraph, not less 
than $40,000,000 shall be available for technical assist-
ance and capacity building: Provided further, That tech-
nical assistance activities shall include, technical assist-
ance for HUD programs, including HOME, Community 
Development Block Grant, homeless programs, HOPWA, 
HOPE VI, Public Housing, the Housing Choice Voucher 
Program, Fair Housing Initiative Program, Housing 
Counseling, Healthy Homes, Sustainable Communities, 
Energy Innovation Fund and other technical assistance as 
determined by the Secretary: Provided further, That of the 
amounts made available for research, evaluation and pro-
gram metrics and program demonstrations, the Secretary 
shall include an assessment of the effectiveness of HUD 
funded service coordinators: Provided further, That the 
Secretary shall submit a plan to the House and Senate 
Committees on Appropriations for approval detailing how 
the funding provided under this heading will be allocated 
to each of the categories identified under this heading and 
for what projects or activities funding will be used: Pro-
125 
vided further, That following the initial approval of this 
plan, the Secretary may amend the plan with the approval 
of the House and Senate Committees on Appropriations. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney 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 Sec-
retary of Housing and Urban Development for which set-
tlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, 
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 2011 to investigate
126 
or prosecute under the Fair Housing Act any otherwise 
lawful activity engaged in by one or more persons, includ-
ing the filing or maintaining of a non-frivolous legal ac-
tion, that is engaged in solely for the purpose of achieving 
or preventing action by a Government official or entity, 
or a court of competent jurisdiction. 
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under 
this title for fiscal year 2011 that are allocated under such 
section, the Secretary of Housing and Urban Development 
shall allocate and make 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 2011 under such clause (ii) because the 
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year 
2011 do not have the number of cases of acquired 
immunodeficiency syndrome (AIDS) required under 
such clause. 
(b) The amount of the allocation and grant for any 
State described in subsection (a) shall be an amount based 
on the cumulative number of AIDS cases in the areas of
127 
that State that are outside of metropolitan statistical 
areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2011, in proportion to AIDS 
cases among cities and States that qualify under clauses 
(i) and (ii) of such section and States deemed eligible 
under subsection (a). 
(c) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2011 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of New York, New York, on behalf 
of the New York-Wayne-White Plains, New York-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
vision’’) of the New York-Newark-Edison, NY–NJ–PA 
Metropolitan Statistical Area, shall be adjusted by the 
Secretary of Housing and Urban Development by: (1) allo-
cating to the City of Jersey City, New Jersey, the propor-
tion 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 pro-
portion 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 metro-
politan area’s or division’s amount that is based on the
128 
number of cases of AIDS reported in the portion of the 
metropolitan area or division that is located in Bergen 
County and Passaic County, New Jersey, and adjusting 
for the proportion of the metropolitan division’s high inci-
dence 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 2011 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. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made 
pursuant to title II of this Act shall be made on a competi-
tive basis and in accordance with section 102 of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corpora-
129 
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations 
on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage 
Association, Government National Mortgage Association, 
Federal Home Loan Mortgage Corporation, Federal Fi-
nancing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank 
within the meaning of the Federal Deposit Insurance Cor-
poration Act, as amended (12 U.S.C. 1811–1). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation 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. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, are here-
by 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
130 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2011 for such corporation or agen-
cy except as hereinafter provided: Provided, That collec-
tions of these corporations 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 pro-
viso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial in-
terest of the United States Government. 
SEC. 208. The Secretary of Housing and Urban De-
velopment shall provide quarterly reports to the House 
and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured 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. 209. (a) Notwithstanding any other provision 
of law, the amount allocated for fiscal year 2011 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
on behalf of the Wilmington, Delaware-Maryland-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
131 
vision’’), shall be adjusted by the Secretary of Housing 
and Urban Development by allocating to the State of New 
Jersey the proportion of the metropolitan division’s 
amount that is based on the number of cases of AIDS 
reported in the portion of the metropolitan 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. The State of New Jersey shall 
use amounts allocated to the State under this subsection 
to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
portion of the metropolitan division that is located in New 
Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allo-
cate to Wake County, North Carolina, the amounts that 
otherwise would be allocated for fiscal year 2011 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, 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.
132 
(c) Notwithstanding section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec-
retary of Housing and Urban Development may adjust the 
allocation of the amounts that otherwise would be allo-
cated for fiscal year 2011 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunc-
tion with the State(s), for a formula allocation on behalf 
of a metropolitan statistical area, to designate the State 
or States in which the metropolitan statistical area is lo-
cated as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more 
than one State, such amounts allocated to each State shall 
be in proportion to the number of cases of AIDS reported 
in the portion of the metropolitan statistical area located 
in that State. Any amounts allocated to a State under this 
section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in 
that State. 
SEC. 210. The President’s formal budget request for 
fiscal year 2012, as well as the Department of Housing 
and Urban Development’s congressional budget justifica-
tions to be submitted to the Committees on Appropriations 
of the House of Representatives and the Senate, shall use 
the identical account and sub-account structure provided 
under this Act.
133 
SEC. 211. A public housing agency or such other enti-
ty that administers Federal housing assistance for the 
Housing Authority of the county of Los Angeles, Cali-
fornia, 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 1937 on the board of direc-
tors or a similar governing board of such agency or entity 
as required under section (2)(b) of such Act. Each public 
housing agency or other entity that administers Federal 
housing assistance under section 8 for the Housing Au-
thority 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 of 
section 8 assistance on the board of directors or a similar 
governing board shall establish an advisory board of not 
less than six residents of public housing or recipients of 
section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on 
issues related to public housing and section 8. Such advi-
sory board shall meet not less than quarterly. 
SEC. 212. (a) Notwithstanding any other provision 
of law, subject to the conditions listed in subsection (b), 
for fiscal years 2011 and 2012, the Secretary of Housing 
and Urban Development may authorize the transfer of
134 
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) The transfer authorized in subsection (a) is sub-
ject to the following conditions: 
(1) The number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall 
remain the same in the receiving project or projects. 
(2) The transferring project shall, as deter-
mined 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 re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental 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
137 
ston-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 United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assist-
ance provided under section 8(b)(2) of such Act 
(as such section existed immediately before Oc-
tober 1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Develop-
ment Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Hous-
ing Act; and 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance,
138 
debt, and statutorily required use low-income and 
very low-income restrictions are to be transferred; 
(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-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
SEC. 213. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title III of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 214. No funds provided under this title may be 
used for an audit of the Government National Mortgage 
Association that makes applicable requirements under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 215. (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— 
(1) is enrolled as a student at an institution of higher 
education (as defined under section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002));
139 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such term is 
defined in section 3(b)(3)(E) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not 
receiving assistance under such section 8 as of November 
30, 2005; and 
(7) is not otherwise individually eligible, or has par-
ents who, individually or jointly, are not eligible, to receive 
assistance under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a 
person to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
cial assistance (in excess of amounts received for tuition) 
that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined 
under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, ex-
cept for a person over the age of 23 with dependent chil-
dren.
140 
SEC. 216. (a) Section 255(g) of the National Housing 
Act (12 U.S.C. 1715z–20) is amended by striking the first 
sentence. 
SEC. 217. Notwithstanding any other provision of 
law, in fiscal year 2010, in managing and disposing of any 
multifamily property that is owned or has a mortgage held 
by the Secretary of Housing and Urban Development, the 
Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 
and other programs that are attached to any dwelling 
units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of: (1) the costs of rehabilitating 
and operating the property and all available Federal, 
State, and local resources, including rent adjustments 
under section 524 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 
(2) environmental conditions that cannot be remedied in 
a cost-effective fashion, the Secretary may, in consultation 
with the tenants of that property, contract for project- 
based rental assistance payments with an owner or owners 
of other existing housing properties, or provide other rent-
141 
al assistance. The Secretary shall also take appropriate 
steps to ensure that project-based contracts remain in ef-
fect prior to foreclosure, subject to the exercise of contrac-
tual abatement remedies to assist relocation of tenants for 
imminent major threats to health and safety. After dis-
position of any multifamily property described under this 
section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under sec-
tion 524 of MAHRAA. 
SEC. 218. During fiscal year 2011, in the provision 
of rental assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and 
effectiveness of providing such assistance for use in as-
sisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) 
and (18)(B)(iii) of such section 8(o), a family residing in 
an assisted living facility in any such county, on behalf 
of which a public housing agency provides assistance pur-
suant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, 
to pay rent in an amount exceeding 40 percent of the 
monthly adjusted income of the family by such a percent-
age or amount as the Secretary of Housing and Urban 
Development determines to be appropriate.
142 
SEC. 219. The Secretary of Housing and Urban De-
velopment shall report quarterly to the House of Rep-
resentatives and Senate Committees on Appropriations on 
HUD’s use of all sole source contracts, including terms 
of the contracts, cost, and a substantive rationale for 
using a sole source contract. 
SEC. 220. Notwithstanding any other provision of 
law, the recipient of a grant under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q) after December 
26, 2000, in accordance with the unnumbered paragraph 
at the end of section 202(b) of such Act, may, at its op-
tion, 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 organization described in sec-
tion 831 of the American Homeownership and Economic 
Opportunity Act of 2000. 
SEC. 221. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitle-
ment communities in the State in accordance with the re-
quirements of section 108 of the Housing and Community 
Development Act of 1974 in fiscal year 2011 and subse-
quent years: Provided, That, any State receiving such a
143 
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 enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall promulgate regulations governing the 
administration of the funds described under subsection 
(a). 
SEC. 222. Section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘fiscal 
year’’ and all that follows through the period at the 
end and inserting ‘‘fiscal year 2011.’’; and 
(2) in subsection (o), by striking ‘‘September’’ 
and all that follows through the period at the end 
and inserting ‘‘September 30, 2011.’’. 
SEC. 223. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be ex-
empt from any asset management requirement imposed by 
the Secretary of Housing and Urban Development in con-
nection with the operating fund rule: Provided, That an 
agency seeking a discontinuance of a reduction of subsidy 
under the operating fund formula shall not be exempt 
from asset management requirements.
144 
SEC. 224. With respect to the use of amounts pro-
vided in this Act and in future Acts for the operation, cap-
ital 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)): Pro-
vided, 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 per-
mitted under section 9(g)(1) or 9(g)(2). 
SEC. 225. No official or employee of the Department 
of Housing and Urban Development shall be designated 
as an allotment holder unless the Office of the Chief Fi-
nancial Officer has determined that such allotment holder 
has implemented an adequate system of funds control and 
has received training in funds control procedures and di-
rectives. The Chief Financial Officer shall ensure that, not 
later than 90 days after the date of enactment of this Act, 
there is a trained allotment holder shall be designated for 
each HUD subaccount under the headings ‘‘Executive Di-
145 
rection’’ and heading ‘‘Administration, Operations, and 
Management’’ as well as each account receiving appropria-
tions for ‘‘personnel compensation and benefits’’ within 
the Department of Housing and Urban Development. 
SEC. 226. Payment of attorney fees in program-re-
lated litigation must be paid from individual program of-
fice personnel benefits and compensation funding. The an-
nual budget submission for program office personnel ben-
efit and compensation funding must include program-re-
lated litigation costs for attorney fees as a separate line 
item request. 
SEC. 227. (a) APPROVAL
OF
PREPAYMENT
OF 
DEBT.—Upon request of the project sponsor of a project 
assisted with a loan under section 202 of the Housing Act 
of 1959 (as in effect before the enactment of the Cran-
ston-Gonzalez National Affordable Housing Act), for 
which the Secretary’s consent to prepayment is required, 
the Secretary shall approve the prepayment of any indebt-
edness 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 existing and 
future tenants as the terms required by the original
146 
loan agreement or any project-based rental assist-
ance payments contract under section 8 of the 
United States Housing Act of 1937 (or any other 
project-based rental housing assistance programs of 
the Department of Housing and Urban Develop-
ment, including the rent supplement program under 
section 101 of the Housing and Urban Development 
Act of 1965 (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 prin-
cipal of the loan for the project and in reduc-
tions 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 trans-
action under which— 
(i) the project owner shall address the 
physical needs of the project; 
(ii) the prepayment plan for the trans-
action, including the refinancing, shall 
meet a cost benefit analysis, as established 
by the Secretary, that the benefit of the
147 
transaction outweighs the cost of the 
transaction 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 
Multifamily 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 
(II) mark-up-to-budget contracts 
pursuant to section 524(a)(4) of the 
Multifamily 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 eligible owners (as such 
term is defined in section 202(k) of 
the Housing Act of 1959 (12 U.S.C. 
1701q(k));
148 
(iv) the project owner may charge ten-
ants 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 op-
erating cost of the project after refi-
nancing. Such approval by the Secretary— 
(I) shall be the basis for the 
owner to agree to terminate the 
project-based rental assistance con-
tract 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 as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)) shall, upon termination of the oc-
cupancy of such tenants, become eligible 
for project-based assistance under section 
8(o)(13) of the United States Housing Act
149 
of 1937 (42 U.S.C. 1437f(o)(13)) without 
regard to the percentage limitations pro-
vided 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)). 
SEC. 228. No property identified by the Secretary of 
Housing and Urban Development as surplus Federal prop-
erty 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: Provided, That an exception may be 
made for an entity not involved with Federal homeless pro-
grams to use surplus Federal property for the homeless 
only after the Secretary or another responsible Federal 
agency has fully and comprehensively 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
150 
to administer homeless programs in a manner that is ef-
fective 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 home-
less: Provided further, 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 dem-
onstrated fundraising ability or commitments for in-kind 
donations of goods and services: Provided further, That 
the Secretary shall make all such information and its deci-
sion regarding the award of the surplus property available 
to the committees of jurisdiction, including a full justifica-
tion 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 years 2010 and 2011 
made available as surplus Federal property for use to as-
sist the homeless. 
SEC. 229. The Secretary of the Department of Hous-
ing and Urban Development is authorized to transfer up 
to 5 percent of funds appropriated for any account under 
this title under the heading ‘‘Personnel Compensation and 
Benefits’’ to any other account under this title under the 
heading ‘‘Personnel Compensation and Benefits’’ only
151 
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. 230. 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 2011 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 sat-
isfy minimum State and local code standards and the cost 
of maintaining the affordability restrictions imposed by 
the Secretary on the multifamily real property or multi-
family loan. 
SEC. 231. The Disaster Housing Assistance Pro-
grams, administered 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 McKinney Act for the purpose 
of income verifications and matching. 
SEC. 232. Section 203(c)(2)(B) of the National 
Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended to 
read as follows: ‘‘(B) In addition to the premium under
152 
subparagraph (A), the Secretary may establish and collect 
annual premium payments in an amount not exceeding 
1.50 percent of the remaining insured principal balance 
(excluding the portion of the remaining balance attrib-
utable to the premium collected under subparagraph (A) 
and without taking into account delinquent payments or 
prepayments). The Secretary, by publication of a notice 
in the Federal Register, may establish or change the 
amount of the premium under subparagraph (A) or the 
annual premium, and the period of the mortgage term for 
which an annual premium amount shall apply.’’. 
SEC. 233. For an additional amount for the ‘‘Admin-
istration, 
Operations 
and 
Management’’ 
account, 
$2,070,635, to increase the Department’s acquisition 
workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Secretary to any other 
account in the Department to carry out the purposes pro-
vided herein: Provided further, That such transfer author-
ity is in addition to any other transfer authority provided 
in this Act: Provided further, That such funds shall be 
available only to supplement and not to supplant existing 
acquisition workforce activities: Provided further, That 
such funds shall be available for training, recruitment, re-
tention, and hiring additional members of the acquisition 
workforce as defined by the Office of Federal Procurement
153 
Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 
further, That such funds shall be available for information 
technology in support of acquisition workforce effective-
ness or for management solutions to improve acquisition 
management. 
SEC. 234. The paragraphs under the heading ‘‘Flexi-
ble Subsidy Fund’’ in Public Law 108–447 and in Public 
Law 109–115 are repealed. 
SEC. 235. (a) LOAN LIMIT FLOOR BASED ON 2008 
LEVELS.—For mortgages for which the mortgagee issues 
credit approval for the borrower during fiscal year 2011, 
if the dollar amount limitation on the principal obligation 
of a mortgage determined under section 203(b)(2) of the 
National Housing Act (12 U.S.C. 1709(b)(2)) for any size 
residence for any area is less than such dollar amount lim-
itation that was in effect for such size residence for such 
area for 2008 pursuant to section 202 of the Economic 
Stimulus Act of 2008 (Public Law 110–185; 122 Stat. 
620), notwithstanding any other provision of law or of this 
joint resolution, the maximum dollar amount limitation on 
the principal obligation of a mortgage for such size resi-
dence for such area for purposes of such section 203(b)(2) 
shall be considered (except for purposes of section 255(g) 
of such Act (12 U.S.C. 1715z–20(g))) to be such dollar
154 
amount limitation in effect for such size residence for such 
area for 2008. 
(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 
Notwithstanding any other provision of law or of this joint 
resolution, if the Secretary of Housing and Urban Devel-
opment determines, for any geographic area that is small-
er than an area for which dollar amount limitations on 
the principal obligation of a mortgage are determined 
under section 203(b)(2) of the National Housing Act, that 
a higher such maximum dollar amount limitation is war-
ranted for any particular size or sizes of residences in such 
sub-area by higher median home prices in such sub-area, 
the Secretary may, for mortgages for which the mortgagee 
issues credit approval for the borrower during calendar 
year 2010, increase the maximum dollar amount limita-
tion for such size or sizes of residences for such sub-area 
that is otherwise in effect (including pursuant to sub-
section (a) of this section), but in no case to an amount 
that exceeds the amount specified in section 202(a)(2) of 
the Economic Stimulus Act of 2008. 
SEC. 236. (a) LOAN LIMIT FLOOR BASED ON 2008 
LEVELS.—For mortgages originated during fiscal year 
2011, if the limitation on the maximum original principal 
obligation of a mortgage that may be purchased by the 
Federal National Mortgage Association or the Federal
155 
Home Loan Mortgage Corporation determined under sec-
tion 302(b)(2) of the Federal National Mortgage Associa-
tion Charter Act (12 U.S.C. 1717(b)(2)) or section 
305(a)(2) of the Federal Home Loan Mortgage Corpora-
tion Act (12 U.S.C 1754(a)(2)) respectively, for any size 
residence for any area is less than such maximum original 
principal obligation limitation that was in effect for such 
size residence for such area for 2008 pursuant to section 
201 of the Economic Stimulus Act of 2008 (Public Law 
110–185; 122 Stat. 619), notwithstanding any other pro-
vision of law or of this joint resolution, the limitation on 
the maximum original principal obligation of a mortgage 
for such Association and Corporation for such size resi-
dence for such area shall be such maximum limitation in 
effect for such size residence for such area for 2008. 
(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 
Notwithstanding any other provision of law or of this joint 
resolution, if the Director of the Federal Housing Finance 
Agency determines, for any geographic area that is smaller 
than an area for which limitations on the maximum origi-
nal principal obligation of a mortgage are determined for 
the Federal National Mortgage Association or the Federal 
Home Loan Mortgage Corporation, that a higher such 
maximum original principal obligation limitation is war-
ranted for any particular size or sizes of residences in such
156 
sub-area by higher median home prices in such sub-area, 
the Director may, for mortgages originated during cal-
endar year 2010, increase the maximum original principal 
obligation limitation for such size or sizes of residences 
for such sub-area that is otherwise in effect (including 
pursuant to subsection (a) of this section) for such Asso-
ciation and Corporation, but in no case to an amount that 
exceeds the amount specified in the matter following the 
comma in section 201(a)(l)(B) of the Economic Stimulus 
Act of 2008. 
SEC. 237. Notwithstanding any other provision of 
this joint resolution, for mortgages for which the mort-
gagee issues credit approval for the borrower during fiscal 
year 2011, the second sentence of section 255(g) of the 
National Housing Act (12 U.S.C. 1715z–20(g)) shall be 
considered to require that in no case may the benefits of 
insurance under such section 255 exceed 150 percent of 
the maximum dollar amount in effect under the sixth sen-
tence of section 305(a)(2) of the Federal Home Loan 
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). 
SEC. 238. None of the funds in this Act shall be avail-
able for salaries and expenses of more than 75 political 
and Presidential appointees in the Department of Housing 
and Urban Development: Provided, That none of the per-
sonnel covered by this provision may be assigned on tem-
157 
porary detail outside the Department of Housing and 
Urban Development. 
This title may be cited as the ‘‘Department of Hous-
ing and Urban Development Appropriations Act, 2011’’. 
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, $7,300,000: Provided, That, notwithstanding 
any other provision of law, there may be credited to this 
appropriation funds received for publications and training 
expenses. 
FEDERAL 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. App. 
1111), including services as authorized by 5 U.S.C. 3109; 
hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as 
authorized by 5 U.S.C. 5901–5902, $25,300,000: Pro-
vided, That not to exceed $2,000 shall be available for offi-
cial reception and representation expenses.
158 
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, $22,000,000: 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 Amtrak: Provided fur-
159 
ther, That concurrent with the President’s budget request 
for fiscal year 2012, the Inspector General shall submit 
to the House and Senate Committees on Appropriations 
a budget request for fiscal year 2012 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) $104,232,000, of which not to exceed $2,000 
may be used for official reception and representation ex-
penses: Provided, That the amounts made available to the 
National Transportation Safety Board in this Act include 
amounts necessary to make lease payments on an obliga-
tion incurred 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,
160 
as authorized by the Neighborhood Reinvestment Corpora-
tion Act (42 U.S.C. 8101–8107), $137,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram: Provided, That in addition, $35,000,000 shall be 
made available until expended for capital grants to reha-
bilitate or finance the rehabilitation of affordable housing 
units, including necessary administrative expenses: Pro-
vided further, That in addition, $113,000,000 shall be 
made available until expended to the Neighborhood Rein-
vestment Corporation for mortgage foreclosure mitigation 
activities, under the following terms and conditions: 
(1) The Neighborhood Reinvestment Corpora-
tion (‘‘NRC’’), shall make grants to counseling inter-
mediaries approved by the Department of Housing 
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 aforemen-
tioned conditions) to provide mortgage foreclosure 
mitigation assistance primarily to States and areas 
with high rates of defaults and foreclosures to help 
eliminate the default and foreclosure of mortgages of 
owner-occupied single-family homes that are at risk 
of such foreclosure. Other than areas with high rates 
of defaults and foreclosures, grants may also be pro-
161 
vided to approved counseling intermediaries based on 
a geographic analysis of the Nation by the NRC 
which determines 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 foreclosure. 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 inter-
mediary shall meet certain mortgage foreclosure 
mitigation assistance counseling requirements, as de-
termined by the NRC, and shall be approved by 
HUD or the NRC as meeting these requirements. 
(2) Mortgage foreclosure mitigation assistance 
shall only be made available to homeowners of 
owner-occupied homes with mortgages in default or 
in danger of default. These mortgages shall likely be 
subject to a foreclosure action and homeowners will 
be provided such assistance that shall consist of ac-
tivities that are likely to prevent foreclosures and re-
sult in the long-term affordability of the mortgage 
retained pursuant to such activity or another posi-
tive outcome for the homeowner. No funds made 
available under this paragraph may be provided di-
rectly to lenders or homeowners to discharge out-
162 
standing mortgage balances 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 
reasonable analysis of the borrower’s financial situa-
tion, an evaluation of the current value of the prop-
erty that is subject to the mortgage, counseling re-
garding 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 advice of all likely restruc-
turing and refinancing 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 
members with expertise in foreclosure prevention 
counseling, subject 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 
State Housing Finance Agencies receiving funds 
under this paragraph shall have demonstrated expe-
163 
rience in successfully working with financial institu-
tions as well as borrowers facing default, delin-
quency and foreclosure as well as documented coun-
seling capacity, outreach capacity, past successful 
performance and positive outcomes with documented 
counseling plans (including post mortgage fore-
closure mitigation counseling), loan workout agree-
ments and loan modification agreements. NRC may 
use other criteria to demonstrate capacity in under-
served areas. 
(6) Of the total amount made available under 
this paragraph, up to $3,000,000 may be made 
available to build the mortgage foreclosure and de-
fault 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 paragraph, up to 5 percent may be used for as-
sociated administrative expenses for the NRC to 
carry out activities provided under this section.
164 
(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 sala-
ries, authorized travel, hire of passenger motor vehicles, 
the rental of conference rooms, and the employment of ex-
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, $2,680,000. 
Section 209 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11319) is amended by striking the 
date specified in such section and inserting ‘‘October 1, 
2012’’.
165 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. Such sums as may be necessary for fiscal 
year 2010 pay raises for programs funded in this Act shall 
be absorbed within the levels appropriated in this Act or 
previous appropriations Acts. 
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 
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 appropria-
tions, unless expressly so provided herein. 
SEC. 404. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment 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 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 pre-
166 
vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2010, 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 program, project, or activity 
for which funds have been denied or restricted by the Con-
gress; (4) proposes to use funds directed for a specific ac-
tivity by either the House or Senate Committees on Ap-
propriations for a different purpose; (5) augments existing 
programs, projects, or activities in excess of $5,000,000 
or 10 percent, whichever is less; (6) reduces existing pro-
grams, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restruc-
tures a branch, division, office, bureau, board, commis-
sion, agency, administration, or department different from 
the budget justifications submitted to the Committees on 
Appropriations or the table accompanying the explanatory 
statement accompanying this Act, whichever is more de-
tailed, 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
167 
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 application of reprogramming and transfer authorities 
for the current fiscal year: Provided further, That the re-
port shall include: (1) a table for each appropriation with 
a separate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year en-
acted level; (2) a delineation in the table for each appro-
priation both by object class and program, project, and 
activity as detailed in the budget appendix for the respec-
tive appropriation; and (3) an identification of items of 
special congressional 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 date that the report has not 
been submitted to the Congress. 
SEC. 406. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2011 from 
appropriations made available for salaries and expenses 
for fiscal year 2011 in this Act, shall remain available 
through September 30, 2012, for each such account for 
the purposes authorized: Provided, That a request shall
168 
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. 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, 2010. Such re-
port shall include the contractor, the amount of the con-
tract 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— 
(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
169 
‘‘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. 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
170 
health and safety or brownfield as defined in the Small 
Business Liability Relief and Brownfield 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 
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 in contravention of sections 2
171 
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 
person 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 
building unless the light bulb has, to the extent prac-
ticable, an Energy Star or Federal Energy Management 
Program designation. 
SEC. 416. None of the funds made available under 
this Act or any prior Act may be provided to the Associa-
tion of Community Organizations for Reform Now 
(ACORN), or any of its affiliates, subsidiaries, or allied 
organizations. 
SEC. 417. None of the funds provided in this Act for 
any program, project, or activity that is considered to be 
a congressional earmark for purposes of clause 9 of rule 
XXI of the Rules of the House of Representatives of the 
111th Congress may be awarded to a for-profit entity.
172 
SEC. 418. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 419. (a) None of the funds appropriated or oth-
erwise made available by this Act may be obligated by any 
covered executive agency in contravention of the certifi-
cation requirement of section 6(b) of the Iran Sanctions 
Act of 1996, as included in the revisions to the Federal 
Acquisition Regulation pursuant to such section. 
SEC. 420. (a) LIMITATION ON USE OF FUNDS.— 
None of the funds provided in this Act may be used for 
doctoral dissertation research grants on housing and 
urban development issues. 
(b) CORRESPONDING REDUCTION IN FUNDS.—The 
amount otherwise provided by this Act for ‘‘Department 
of Housing and Urban Development—Policy Development 
and Research—Research and Technology’’ is hereby re-
duced by $300,000. 
SEC. 421. None of the funds made available in this 
Act under the heading ‘‘Department of Housing and