316 
onstrate financial ability but may rely on the entity’s prior 
demonstrated 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 as-
sist the homeless as well as the appropriateness of the group 
seeking to obtain the property to use such property to assist 
the homeless: Provided further, That, this section shall 
apply to properties in fiscal year 2009 and 2010 made 
available as surplus Federal property for use to assist the 
homeless. 
SEC. 230. The Secretary of Housing and Urban Devel-
opment shall increase, pursuant to this section, the number 
of Moving-to-Work agencies authorized under section 204, 
title II, of the Departments of Veterans Affairs and Housing 
and Urban Development and Independent Agencies Appro-
priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 
by adding to the program three Public Housing Agencies 
that meet the following requirements: is a High Performing 
Agency under the Public Housing Assessment System 
(PHAS). No PHA shall be granted this designation through 
this section that administers in excess of 5,000 aggregate 
housing vouchers and public housing units. No PHA grant-
317 
ed this designation through this section shall receive more 
funding under sections 8 or 9 of the United States Housing 
Act of 1937 than they otherwise would have received absent 
this designation. In addition to other reporting require-
ments, all Moving-to-Work agencies shall report financial 
data to the Department of Housing and Urban Develop-
ment as specified by the Secretary, so that the effect of Mov-
ing-to-Work policy changes can be measured. 
SEC. 231. 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 2010 consider, but not be limited to, industry standard 
appraisal practices, including the cost of repairs needed to 
bring the property into such condition as to satisfy min-
imum State and local code standards and the cost of main-
taining the affordability restrictions imposed by the Sec-
retary on the multifamily real property or multifamily 
loan. 
SEC. 232. The Secretary of the Department of Housing 
and Urban Development is authorized to transfer up to 5 
percent of funds appropriated for any account under this 
title under the heading ‘‘Personnel Compensation and Bene-
fits’’ to any other account under this title under the heading 
‘‘Personnel Compensation and Benefits’’ only after such
318 
transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appro-
priations: Provided, That, no appropriation for any such 
account shall be increased or decreased by more than 10 
percent by all such transfers. 
SEC. 233. The Disaster Housing Assistance Programs, 
administered by the Department of Housing and Urban De-
velopment, shall be considered a ‘‘program of the Depart-
ment of Housing and Urban Development’’ under section 
904 of the McKinney Act for the purpose of income 
verifications and matching. 
This title may be cited as the ‘‘Department of Housing 
and Urban Development Appropriations Act, 2010’’. 
TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
For expenses necessary for the Access Board, as author-
ized by section 502 of the Rehabilitation Act of 1973, as 
amended, $7,400,000: Provided, That, notwithstanding any 
other provision of law, there may be credited to this appro-
priation funds received for publications and training ex-
penses.
319 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant 
Marine Act, 1936, as amended (46 U.S.C. App. 1111), in-
cluding services as authorized by 5 U.S.C. 3109; hire of pas-
senger 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, $24,558,000: Provided, That not to ex-
ceed $2,000 shall be available for official reception and rep-
resentation expenses. 
NATIONAL RAILROAD PASSENGER CORPORATION 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector Gen-
eral for the National Railroad Passenger Corporation to 
carry out the provisions of the Inspector General Act of 
1978, as amended, $19,000,000: Provided, That the Inspec-
tor General shall have all necessary authority, in carrying 
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
320 
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: Provided 
further, That the Inspector General may select, appoint, 
and employ such officers and employees as may be nec-
essary for carrying out the functions, powers, and duties 
of the Office of Inspector General, subject to the applicable 
laws and regulations that govern such selections, appoint-
ments, and employment within Amtrak: Provided further, 
That concurrent with the President’s budget request for fis-
cal year 2011, the Inspector General shall submit to the 
House and Senate Committees on Appropriations a budget 
request for fiscal year 2011 in similar format and substance 
to those submitted by executive agencies of the Federal Gov-
ernment. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but 
at rates for individuals not to exceed the per diem rate 
equivalent to the rate for a GS–15; uniforms, or allowances 
therefor, as authorized by law (5 U.S.C. 5901–5902)
321 
$96,900,000, of which not to exceed $2,000 may be used for 
official reception and representation expenses: Provided, 
That of funds provided under this heading, $2,416,000 shall 
remain available through September 30, 2011: Provided 
further, That of the funds provided, up to $100,000 shall 
be provided through reimbursement to the Department of 
Transportation’s Office of Inspector General to audit the 
National Transportation Safety Board’s financial state-
ments. The amounts made available to the National Trans-
portation Safety Board in this Act include amounts nec-
essary to make lease payments due in fiscal year 2010 only, 
on an obligation 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, as 
authorized by the Neighborhood Reinvestment Corporation 
Act (42 U.S.C. 8101–8107), $133,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram: Provided, That section 605(a) of the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8104) is amended 
by adding at the end of the first sentence, prior to the pe-
riod, ‘‘, except that the board-appointed officers may be
322 
paid salary at a rate not to exceed level II of the Executive 
Schedule’’: Provided further, That in addition, $45,000,000 
shall be made available until expended for capital grants 
to build, rehabilitate or finance the creation of affordable 
housing units, including necessary administrative expenses: 
Provided further, That in addition, $65,000,000 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 Corporation 
(‘‘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 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-
323 
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- 
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.
324 
(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 
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-
325 
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 
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-
326 
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, $2,680,000. 
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 fund-
ed in this Act.
327 
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 
appropriations Acts to the agencies or entities funded in 
this Act that remain available for obligation or expenditure 
in fiscal year 2010, 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 
program, project, or activity for which funds have been de-
nied or restricted by the Congress; (4) proposes to use funds 
directed for a specific activity by either the House or Senate
328 
Committees on Appropriations 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 programs, projects, or activities by $5,000,000 or 
10 percent, whichever is less; or (7) creates, reorganizes, or 
restructures a branch, division, office, bureau, board, com-
mission, agency, administration, or department different 
from the budget justifications submitted to the Committees 
on Appropriations or the table accompanying the explana-
tory statement accompanying this Act, whichever is 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 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 report 
shall include: (1) a table for each appropriation with a sep-
arate column to display the President’s budget request, ad-
justments made by Congress, adjustments due to enacted re-
scissions, if appropriate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by object class and program, project, and activity as de-
tailed in the budget appendix for the respective appropria-
329 
tion; and (3) an identification of items of special congres-
sional interest: Provided further, That the amount appro-
priated 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 re-
maining available at the end of fiscal year 2010 from ap-
propriations made available for salaries and expenses for 
fiscal year 2010 in this Act, shall remain available through 
September 30, 2011, 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, 2010. Such report 
shall include the contractor, the amount of the contract and 
the rationale for using a sole source contract.
330 
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 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
331 
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 
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
332 
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 
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. All departments, agencies or other Federal 
entities funded under this Act shall notify the Senate and 
House of Representatives Committees on Appropriations no 
later than 7 days before any public or internet announce-
ment by the Department or Administration regarding any 
new program or activity, including any changes to existing 
or proposed programs or activities.
333 
This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2010’’.
Calendar No. 153 
111TH CONGRESS 
1ST SESSION 
H. R. 3288 
[Report No. 111–69] 
AN ACT 
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 27, 2009 
Received; read twice and referred to the Committee on 
Appropriations 
AUGUST 5, 2009 
Reported with an amendment