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# Legislative Bulletin............................................July 24, 2007

**Contents:**

> **H.R. 3074 -- PART II** -- Departments of Transportation, and Housing
> and Urban Development FY 2008 Appropriations Bill

H.R. 3074, the Departments of Transportation, and Housing and Urban
Development FY 2008 Appropriations Bill (sponsored by Rep. Olver, D-MA),
is continuing to be considered on the House floor on Tuesday, July 24,
2007, subject to an open rule ([**H.Res.
588**](http://www.congress.gov/cgi-lis/query/z?c110:H.RES.558:)), making
in order any germane amendment under the five-minute rule. However, a
[unanimous consent agreement limiting amendments has recently been
propounded]{.underline}. The amendment summaries below reflect the
amendments made in order under the UC. No other amendments are in order.

All amendments are debatable for 10 minutes, except where indicated
below. [An amendment will be considered to fit the description stated in
the UC request if it addresses in whole or in part the object
described]{.underline}.

[Note]{.underline}: The summaries below are based on RSC staff's review
of *actual amendment text*, when available. At times, Democrat offices
do not provide the text of amendments to the RSC; in such cases, we may
base our summaries on Dear Colleague and other available information.

Any numbers before amendments below represent their *Congressional
Record* number. Amendments without numbers were not pre-filed in the
*Congressional Record*.

For a summary of the underlying bill and other amendments, see separate
RSC documents released yesterday.

**RSC Staff Contact**: Andy Koenig; <andy.koenig@mail.house.gov>; (202)
226-9717

Sarah Makin; <sarah.makin@mail.house.gov>; (202) 226-8587

**Amendments Made in Order Under the UC**

***Crowley (D-NY).*** An amendment regarding a study to determine
staffing needs for air traffic controllers. **(No text available)**

**6. *Green (D-TX).*** Increases funding for the Department of Housing
and Urban Development's (HUD) Fair Housing Initiative's Program (FHIP)
by \$5.82 million, bringing funding up to the program's \$26 million
authorized level. According to a 2007 PART Assessment, FHIP received a
rating from the Administration of "results not demonstrated."
Additionally, the assessment states that FHIP "outputs and outcome
performance measurements are weak or lacking" and "lacks standardized
reporting for Fair Housing Initiative Program grant activities."
**(Withdrawn.)**

***Slaughter (D-NY).*** Increases funding to HUD's Office of Lead Hazard
Control, which is currently funded at \$130 million. **(Withdrawn)**

**4. Brown-Waite (R-FL).** Requires a study of the Federal Housing
Administration (FHA) reverse mortgage program to determine appropriate
reserves and appropriate insurance premiums.

**17. Miller (R-CA).** Regarding the authorization for additional Moving
to Work Demonstrations. **(No text available)**

**Blunt (R-MO).** Regarding Corporate Average Fuel Economy (CAFÉ)
standards. **(No text available)**

**Conaway (R-TX).** Expresses the sense of the House that any reduction
in the amount appropriated by this Act achieved as a result of
amendments should be dedicated to deficit reduction.

***DeFazio (D-OR).*** Prohibiting use of funds for certain cross-border
motor carrier demonstration projects. **(No text available)**

**Flake (R-AZ).** Prohibits funds from being used for the National Mule
and Packers Museum in Woodlake, California. The amendment makes a
corresponding reduction to the Community Development Fund of \$50,000.

**Flake (R-AZ).** Prohibits funds from being used for the Los Angeles
Fashion District in Los Angeles, California. The amendment makes a
corresponding reduction to the Community Development Fund of \$100,000.

**Flake (R-AZ).** Prohibits funds from being used for the Bel Alton High
School Alumni Association Program Community Development Corporation in
Bel Alton, Maryland. The amendment makes a corresponding reduction to
the Community Development Fund of \$400,000.

**Flake (R-AZ).** Prohibits funds from being used for the Hunting and
Fishing Museum of Pennsylvania in Tionesta, Pennsylvania. The amendment
makes a corresponding reduction to the Community Development Fund of
\$100,000.

**Flake (R-AZ).** Prohibits funds from being used for the Houston Zoo in
Houston, Texas. The amendment makes a corresponding reduction to the
Community Development Fund of \$300,000.

**Flake (R-AZ).** Prohibits funds from being used for the Walter Clore
Wine and Culinary Center in Prosser, Washington. The amendment makes a
corresponding reduction to the Community Development Fund of \$250,000.

**Flake (R-AZ).** Prohibits funds from being used for the Belmont
Complex in Kittanning, Pennsylvania. The amendment makes a corresponding
reduction to the Community Development Fund of \$300,000.

**Flake (R-AZ).** Prohibits funds from being used for the North Central
Wisconsin Regional Planning Commission in Wausau, Wisconsin. The
amendment makes a corresponding reduction to the Community Development
Fund of \$400,000.

**Flake (R-AZ).** Prohibits funds from being used for the Arlington
Chamber of Commerce in Arlington, Texas. The amendment makes a
corresponding reduction to the Community Development Fund of \$100,000.

**Flake (R-AZ).** Prohibits funds from being used for the Strand Theatre
Performing Arts Center in Plattsburgh, New York. The amendment makes a
corresponding reduction to the Community Development Fund of \$100,000.

**Flake (R-AZ).** Prohibits funds from being used for the Huntsville
Museum of Art in Huntsville, Alabama. The amendment makes a
corresponding reduction to the Community Development Fund of \$200,000.

**Flake (R-AZ).** Prohibits funds from being used for the Friends of
Cheat Rails to Trails program. The amendment makes a corresponding
reduction to the Community Development Fund of \$300,000.

***Frank (D-MA).*** Regarding community service requirements. **(No text
available)**

**Frelinghuysen (R-NJ).** Prohibits any funds from being used by the
Federal Aviation Administration (FAA) to implement the Preferred
Alternative of the New York/New Jersey/Philadelphia Airspace Redesign
project. The project, meant to redesign the way that air traffic is
handled above the New York area, released its preferred alternative for
the airspace earlier this year. The sponsor is concerned that the
alternative plan does not give enough weight to the changes in airline
noise that will affect communities across the airspace region. The
amendment would prohibit the DOT from using funds to implement the
current redesign plan. **This amendment will likely be offered by Rep.
Garrett (R-NJ).**

**Gingrey (R-GA).** Limits funds for certain development activities
which obtain property rights through eminent domain. According to
sponsor's this amendment will be withdrawn.

***25. Hastings (D-FL).*** Prohibits funds from being used by the FAA to
eliminate, consolidate, de-consolidate, co-locate, execute
inter-facility reorganization, or plan for the
consolidation/deconsolidation, inter-facility reorganization, or
co-location of any FAA air traffic control facility. The amendment makes
an exception for the reversal of the transfer of the radar functions
from the Palm Springs Terminal Radar Approach Control (TRACON) to the
Southern California TRACON.

***Jackson-Lee (D-TX).*** Regarding noise mitigation studies. **(No text
available)**

***Jackson-Lee (D-TX).*** Prohibits funding in this Act from being used
to limit the use of current technology or alternative housing solutions
in the development of temporary disaster housing.

***Jackson-Lee (D-TX).*** Prohibits funding in this Act from being used
to engage in any unfair labor practices under section 8 of the National
Labor Relations Act of 1935, against workers on federally-funded
transportation projects.

***Jackson-Lee (D-TX).*** Prohibits funding in this Act from being used
to prohibit transportation workers from having communication equipment.

**7. Jordan (R-OH). 40 MINUTES.** Reduces total appropriations in the
bill by 6.3% (which would bring the funding back to last year's levels
and reduce total appropriations by \$3.2 billion).

**King (R-IA).** Prohibits funds from being used to implement
Davis-Bacon wage requirement provisions. The Davis-Bacon Act requires
that each federal government contract worth more than \$2,000 for any
public work set a minimum wage to be paid to laborers at no less than
locally prevailing wage. Prevailing minimum wages, which are often based
on union-negotiated wages and generally exceed the average wage in the
area, are forced onto government contractors under the provisions of the
Davis-Bacon Act. By artificially inflating labor rates, Davis-Bacon
wages usually increase the costs of federal projects, and pass the bill
along to taxpayers.

**King (R-IA).** Prohibits the funds in this Act from being used to
employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)). In general, this amendment would
prohibit HUD from using funds in this Act for hiring or paying for an
employee who is not legally allowed to be employed in the United States.

**King (R-IA).** Prohibits funds from being used for the Alpine Heritage
Preservation located in Thomas, West Virginia

**16. Miller (R-CA).** Prohibiting use of funds to take certain actions
on standards for mortgagor's investment in mortgaged properties. **(No
text available)**

**1. Musgrave (R-CO).** **40 MINUTES.** Reduces total appropriations in
the bill by 0.5% (\$253,690,000).

***Pallone (D-NJ) / Murphy (D-PA).*** Regarding waste processing and
transferring facilities. **(No text available)**

**20. Price (R-GA). 40 MINUTES.** Reduces total appropriations in the
bill by 1% (\$507,380,000).

**Sessions (R-TX).** Prohibits federal funding in the Act for the Sunset
Limited Amtrak line, which operates between New Orleans and California.
According to the sponsor, in FY 2006, the Sunset Limited lost \$.57 per
mile/per passenger. In FY 2006, the Sunset Limited line received \$6.5
million in revenue, while labor costs alone were \$12.1 million.
Additionally, the Sunset Limited suffered \$20.4 million in avoidable
costs in FY 2006, and in May 2007 the train ran on time only 11.1% of
the time. The National Taxpayers Union, Americans for Tax Reform, and
the Council for Citizens Against Government Waste encourage support of
this amendment. The National Taxpayers Union will include this vote in
their annual Rating of Congress, as will the CCAGW.

***Shuler (D-NC).*** Regarding use of funds designed for North Shore
Road in Swain County North Carolina. **(No text available)**

**Upton (R-MI).** Prohibits funds from being used to purchase light
bulbs, unless the light bulbs have the "ENERGY STAR" or "Federal Energy
Management Program" designation.

**Price (R-GA).** Prohibits the Federal Housing Administration (FHA)
from using funds in this Act to pay money into an affordable housing
fund. According to the sponsor's office, two "dedicated" streams of
funding have been created in the bills reforming the
Government-Sponsored Enterprise's (GSE) (i.e. Fannie and Freddie) and
FHA (which has not yet come to the floor).  This amendment would shut
off the funding from FHA, which is derived from the surplus. The sponsor
contends that this funding is duplicative, as HUD has numerous programs
already dedicated to preserving existing affordable housing and
expanding affordable home ownership. Additionally, the sponsor explains
that this funding could add to the instability at FHA, and/or provide
pressure for them to continually increase the mortgage premiums they
charge (eventually resulting in higher mortgage costs for their
customers).

**8. Hensarling (R-TX).** Eliminates funding in the bill for the
Essential Air Service (payment to air carriers) program (\$60 million in
FY 2008). According to the Administration, the purpose of the Essential
Air Service program is to guarantee that small communities that were
served by certificated airlines before deregulation maintain commercial
service. OMB stated that the program has not demonstrated adequate
progress in achieving its long-term performance goals, and was not
presently developing long-term performance goals. This amendment brings
the appropriation down to the President's budget request, which would
have terminated funding for the trust fund.

**9. Hensarling (R-TX).** Eliminates funding in the Act for
'Motorcyclist Safety', funded under the Highway Traffic Safety Grant
Program (\$6 million). Motorcyclist Safety Grants is a relatively new
program authorized by SAFETEA-LU. The program is administered by the
National Highway Traffic Safety Administration (NHTSA) at the federal
level and the State Highway Safety Offices (SHSO) at the state level.
Funds for the Highway Trust Fund are collected from excise taxes on
gasoline, sales on truck tires, sales of trucks and trailers, and heavy
vehicle use. Thus, all drivers are subsidizing motorcycle rider training
classes on state and local level.

**12. Hensarling (R-TX).** Eliminates funding in the bill for the new
intercity passenger rail grant program (under the National Railroad
Passenger Corporation -- Amtrak account), saving \$50 million. Intercity
Passenger Rail Grants is another name for Amtrak federal subsidies.
According the Department of Homeland Security, Amtrak is the sole
eligible applicant under this program.

**13. Hensarling (R-TX).** Eliminates funding for the revitalization of
severely distressed public housing (HOPE VI) (\$120 million in FY 2008).
The amendment would bring the appropriation in line with the President's
budget request, which calls for the program to be zero-funded. According
to the Office of Management and Budget (OMB), the HOPE VI program, which
was created to revitalize distressed and obsolete public housing, is
ineffective.

OMB reports that the program accomplishes its goals inefficiently,
taking seven to eight years to complete a project after a grant is
awarded. Further, the program has already achieved its stated goal of
demolishing 100,000 severely distressed public housing units. Since the
program has accomplished its stated mission, OMB recommends that the
program should be terminated and the remaining balance used to complete
funded projects.

**21. Hensarling (R-TX).** Prohibits funds from being used for parking
facilities.

**22. Hensarling (R-TX).** Prohibits funds from being used for the
Edmunds Center for the Arts located in Edmunds, Washington. The City of
Edmunds Center for the Arts project is funded in this bill at \$150,000.

**King (R-IA).** Prohibits the funds in this Act from assisting
individuals who do not qualify under 274A(h)(3) of the Immigration and
Nationality Act with Homeownership assistance applications. In general,
this amendment would prohibit HUD from using funds in this Act for
assisting an individual with Homeownership assistance applications who
is not legally allowed to be employed in the United States.

**King (R-IA).** Prohibits the funds in the Act from being used to fund
ACORN, the Association of Community Organizations for Reform Now. ACORN
is the nation's largest community organization of low- and
moderate-income families who work through [direct
action](http://en.wikipedia.org/wiki/Direct_action)s, negotiations, and
with public officials, with a membership of over 350,000, in more than
850 neighborhood chapters and over 100 cities across the United States.
Additionally, ACORN is engaged in significant voter registration
projects in numerous states, and in 2004 ACORN registered over one
million voters throughout the United States. Acorn's employees have been
indicted in several states for voter fraud.

***Crowley (D-NY).*** Limiting funds for the Blairstown historic
Preservation Commission in Blairstown, New Jersey. **(No text
available)**

***Crowley (D-NY).*** Limiting funds for the City of Marshall, Texas.
**(No text available)**

***Crowley (D-NY).*** Limiting funds to the City of Muncie, Indiana.
**(No text available)**

***Crowley (D-NY).*** Limiting funds for the 1-25 North of HS 66 project
in Colorado. **(No text available)**

**\
*Crowley (D-NY).*** Limiting funds for the State Route 374 (from SR149
to 77) project in Montgomery County, Tennessee. **(No text available)**

**24. Walberg (R-MI).** Prohibits funds from being used by the
Department of Transportation to promulgate any regulations based solely
on race, ethnicity, or sex.

**Hensarling (R-TX).** Prohibits funds in the bill from being used to
fund museums.

**Peterson (R-PA).** Limiting funds for tolling on I-80 in Pennsylvania.
**(No text available)**

**Hunter (R-CO).** Limiting funds for a U.S.-Mexico freeway. **(No text
available)**

***Obey (D-WI).*** Regarding earmarks. **(No text available)**

***Olver (D-MA).*** Regarding funding. **(No text available)**