II 

Calendar No. 878 

110TH CONGRESS 

2D SESSION S. 3261 

[Report No. 110–418] 

Making appropriations for the Departments of Transportation and Housing 

and Urban Development, and related agencies for the fiscal year ending 

September 30, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2008 

Mrs. MURRAY, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Transportation and Housing and Urban Development, and related 

agencies for the fiscal year ending September 30, 2009, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation and Housing and Urban 

6 Development, and Related Agencies for the fiscal year 
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1 ending September 30, 2009, and for other purposes, 

2 namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $98,500,000, of which not to exceed $2,400,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $759,000 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $19,838,000 

12 shall be available for the Office of the General Counsel; 

13 not to exceed $9,874,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $10,400,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,400,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $26,000,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $1,986,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,595,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $1,369,000 shall be available for the Office of Small and 

25 Disadvantaged Business Utilization; not to exceed 
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1 $8,994,000 for the Office of Intelligence, Security, and 

2 Emergency Response; and not to exceed $12,885,000 shall 

3 be available for the Office of the Chief Information Offi4 cer: Provided, That the Secretary of Transportation is au5 thorized to transfer funds appropriated for any office of 

6 the Office of the Secretary to any other office of the Office 

7 of the Secretary: Provided further, That no appropriation 

8 for any office shall be increased or decreased by more than 

9 5 percent by all such transfers: Provided further, That no10 tice of any change in funding greater than 5 percent shall 

11 be submitted for approval to the House and Senate Com12 mittees on Appropriations: Provided further, That not to 

13 exceed $60,000 shall be for allocation within the Depart14 ment for official reception and representation expenses as 

15 the Secretary may determine: Provided further, That not16 withstanding any other provision of law, excluding fees au17 thorized in Public Law 107–71, there may be credited to 

18 this appropriation up to $2,500,000 in funds received in 

19 user fees: Provided further, That none of the funds pro20 vided in this Act shall be available for the position of As21 sistant Secretary for Public Affairs: Provided further, That 

22 of the funds provided under this heading, $100,000 shall 

23 be provided through reimbursement to the Department of 

24 Transportation’s Office of Inspector General to audit the 

25 Working Capital Fund’s financial statements. 
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1 FINANCIAL MANAGEMENT CAPITAL

2 For necessary expenses for upgrading and enhancing 

3 the Department of Transportation’s financial systems, 

4 and reengineering business processes, $5,000,000, to re5 main available until expended. 

6 OFFICE OF CIVIL RIGHTS

7 For necessary expenses of the Office of Civil Rights, 

8 $9,384,000. 

9 TRANSPORTATION PLANNING, RESEARCH, AND

10 DEVELOPMENT

11 For necessary expenses for conducting transportation 

12 planning, research, systems development, development ac13 tivities, and making grants, to remain available until ex14 pended, $12,750,000. 

15 WORKING CAPITAL FUND

16 Necessary expenses for operating costs and capital 

17 outlays of the Working Capital Fund, not to exceed 

18 $128,094,000, shall be paid from appropriations made 

19 available to the Department of Transportation: Provided, 

20 That such services shall be provided on a competitive basis 

21 to entities within the Department of Transportation: Pro22 vided further, That the above limitation on operating ex23 penses shall not apply to non-DOT entities: Provided fur24 ther, That no funds appropriated in this Act to an agency 

25 of the Department shall be transferred to the Working 

26 Capital Fund without the approval of the agency modal 
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1 administrator: Provided further, That no assessments may 

2 be levied against any program, budget activity, subactivity 

3 or project funded by this Act unless notice of such assess4 ments and the basis therefor are presented to the House 

5 and Senate Committees on Appropriations and are ap6 proved by such Committees. 

7 MINORITY BUSINESS RESOURCE CENTER PROGRAM

8 For the cost of guaranteed loans , $353,000, as au9 thorized by 49 U.S.C. 332: Provided, That such costs, in10 cluding the cost of modifying such loans, shall be as de11 fined in section 502 of the Congressional Budget Act of 

12 1974: Provided further, That these funds are available to 

13 subsidize total loan principal, any part of which is to be 

14 guaranteed, not to exceed $18,367,000. In addition, for 

15 administrative expenses to carry out the guaranteed loan 

16 program, $559,000. 

17 MINORITY BUSINESS OUTREACH

18 For necessary expenses of Minority Business Re19 source Center outreach activities, $3,056,000, to remain 

20 available until September 30, 2010: Provided, That not21 withstanding 49 U.S.C. 332, these funds may be used for 

22 business opportunities related to any mode of transpor23 tation. 
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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to funds made available from any other 

5 source to carry out the essential air service program under 

6 49 U.S.C. 41731 through 41742, $60,000,000, to be de7 rived from the Airport and Airway Trust Fund, to remain 

8 available until expended: Provided, That, in determining 

9 between or among carriers competing to provide service 

10 to a community, the Secretary may consider the relative 

11 subsidy requirements of the carriers: Provided further, 

12 That, if the funds under this heading are insufficient to 

13 meet the costs of the essential air service program in the 

14 current fiscal year, the Secretary shall transfer such sums 

15 as may be necessary to carry out the essential air service 

16 program from any available amounts appropriated to or 

17 directly administered by the Office of the Secretary for 

18 such fiscal year. 

19 COMPENSATION FOR AIR CARRIERS

20 (RESCISSION)

21 Of the amounts made available under this heading, 

22 all unobligated balances as of the date of enactment of 

23 this provision are hereby permanently rescinded. 
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1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

2 SECRETARY OF TRANSPORTATION

3 SEC. 101. The Secretary of Transportation is author4 ized to transfer the unexpended balances available for the 

5 bonding assistance program from ‘‘Office of the Secretary, 

6 Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 

7 SEC. 102. None of the funds made available in this 

8 Act to the Department of Transportation may be obligated 

9 for the Office of the Secretary of Transportation to ap10 prove assessments or reimbursable agreements pertaining 

11 to funds appropriated to the modal administrations in this 

12 Act, except for activities underway on the date of enact13 ment of this Act, unless such assessments or agreements 

14 have completed the normal reprogramming process for 

15 Congressional notification. 

16 SEC. 103. None of the funds made available under 

17 this Act may be obligated or expended to establish or im18 plement a program under which essential air service com19 munities are required to assume subsidy costs commonly 

20 referred to as the EAS local participation program. 

21 SEC. 104. The Secretary or her designee may engage 

22 in activities with States and State legislators to consider 

23 proposals related to the reduction of motorcycle fatalities. 
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For necessary expenses of the Federal Aviation Ad5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space 

7 transportation, administrative expenses for research and 

8 development, establishment of air navigation facilities, the 

9 operation (including leasing) and maintenance of aircraft, 

10 subsidizing the cost of aeronautical charts and maps sold 

11 to the public, lease or purchase of passenger motor vehi12 cles for replacement only, in addition to amounts made 

13 available by Public Law 108–176, $9,070,238,000, of 

14 which $6,147,000,000 shall be derived from the Airport 

15 and Airway Trust Fund, of which not to exceed 

16 $7,119,031,000 shall be available for air traffic organiza17 tion activities; not to exceed $1,162,927,000 shall be avail18 able for aviation safety activities; not to exceed 

19 $14,094,000 shall be available for commercial space trans20 portation activities; not to exceed $112,004,000 shall be 

21 available for financial services activities; not to exceed 

22 $96,091,000 shall be available for human resources pro23 gram activities; not to exceed $336,894,000 shall be avail24 able for region and center operations and regional coordi25 nation activities; not to exceed $180,859,000 shall be 

26 available for staff offices; and not to exceed $48,338,000 
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1 shall be available for information services: Provided, That 

2 not to exceed 2 percent of any budget activity, except for 

3 aviation safety budget activity, may be transferred to any 

4 budget activity under this heading: Provided further, That 

5 no transfer may increase or decrease any appropriation 

6 by more than 2 percent: Provided further, That any trans7 fer in excess of 2 percent shall be treated as a reprogram8 ming of funds under section 405 of this Act and shall not 

9 be available for obligation or expenditure except in compli10 ance with the procedures set forth in that section: Pro11 vided further, That the Secretary utilize not less than 

12 $6,400,000 of the funds provided for aviation safety ac13 tivities to pay for staff increases in the Office of Aviation 

14 Flight Standards and the Office of Aircraft Certification: 

15 Provided further, That not later than March 31 of each 

16 fiscal year hereafter, the Administrator of the Federal 

17 Aviation Administration shall transmit to Congress an an18 nual update to the report submitted to Congress in De19 cember 2004 pursuant to section 221 of Public Law 108– 

20 176: Provided further, That the amount herein appro21 priated shall be reduced by $100,000 for each day after 

22 March 31 that such report has not been submitted to the 

23 Congress: Provided further, That funds may be used to 

24 enter into a grant agreement with a nonprofit standard25 setting organization to assist in the development of avia-
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1 tion safety standards: Provided further, That none of the 

2 funds in this Act shall be available for new applicants for 

3 the second career training program: Provided further, 

4 That none of the funds in this Act shall be available for 

5 the Federal Aviation Administration to finalize or imple6 ment any regulation that would promulgate new aviation 

7 user fees not specifically authorized by law after the date 

8 of the enactment of this Act: Provided further, That there 

9 may be credited to this appropriation funds received from 

10 States, counties, municipalities, foreign authorities, other 

11 public authorities, and private sources, for expenses in12 curred in the provision of agency services, including re13 ceipts for the maintenance and operation of air navigation 

14 facilities, and for issuance, renewal or modification of cer15 tificates, including airman, aircraft, and repair station cer16 tificates, or for tests related thereto, or for processing 

17 major repair or alteration forms: Provided further, That 

18 of the funds appropriated under this heading, not less 

19 than $8,500,000 shall be for the contract tower cost-shar20 ing program: Provided further, That none of the funds in 

21 this Act shall be available for paying premium pay under 

22 5 U.S.C. 5546(a) to any Federal Aviation Administration 

23 employee unless such employee actually performed work 

24 during the time corresponding to such premium pay: Pro25 vided further, That none of the funds in this Act for aero-
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1 nautical charting and cartography are available for activi2 ties conducted by, or coordinated through, the Working 

3 Capital Fund: Provided further, That none of the funds 

4 in this Act may be obligated or expended for an employee 

5 of the Federal Aviation Administration to purchase a store 

6 gift card or gift certificate through use of a Government7 issued credit card. 

8 FACILITIES AND EQUIPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for, 

11 for acquisition, establishment, technical support services, 

12 improvement by contract or purchase, and hire of air navi13 gation and experimental facilities and equipment, as au14 thorized under part A of subtitle VII of title 49, United 

15 States Code, including initial acquisition of necessary sites 

16 by lease or grant; engineering and service testing, includ17 ing construction of test facilities and acquisition of nec18 essary sites by lease or grant; construction and furnishing 

19 of quarters and related accommodations for officers and 

20 employees of the Federal Aviation Administration sta21 tioned at remote localities where such accommodations are 

22 not available; and the purchase, lease, or transfer of air23 craft from funds available under this heading, including 

24 aircraft for aviation regulation and certification; to be de25 rived from the Airport and Airway Trust Fund, 

26 $2,749,595,000, of which $2,288,845,000 shall remain 
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1 available until September 30, 2011, and of which 

2 $460,500,000 shall remain available until September 30, 

3 2009: Provided, That there may be credited to this appro4 priation funds received from States, counties, municipali5 ties, other public authorities, and private sources, for ex6 penses incurred in the establishment and modernization 

7 of air navigation facilities: Provided further, That upon ini8 tial submission to the Congress of the fiscal year 2010 

9 President’s budget, the Secretary of Transportation shall 

10 transmit to the Congress a comprehensive capital invest11 ment plan for the Federal Aviation Administration which 

12 includes funding for each budget line item for fiscal years 

13 2010 through 2014, with total funding for each year of 

14 the plan constrained to the funding targets for those years 

15 as estimated and approved by the Office of Management 

16 and Budget: Provided further, That the Secretary of 

17 Transportation shall conduct an analysis that compares 

18 the current status of air traffic management and the na19 tional airspace system to the planned architecture of the 

20 ‘‘next generation’’ air transportation system: Provided fur21 ther, That upon initial submission to the Congress of the 

22 fiscal year 2010 President’s budget, the Secretary of 

23 Transportation shall transmit to the Congress an interim 

24 architecture for the ‘‘next generation’’ air transportation 

25 system that establishes a list of priority capabilities to be 
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1 achieved by 2017 and provides an estimated cost for each 

2 of those priorities. 

3 RESEARCH, ENGINEERING, AND DEVELOPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for, 

6 for research, engineering, and development, as authorized 

7 under part A of subtitle VII of title 49, United States 

8 Code, including construction of experimental facilities and 

9 acquisition of necessary sites by lease or grant, 

10 $171,000,000, to be derived from the Airport and Airway 

11 Trust Fund and to remain available until September 30, 

12 2010: Provided, That there may be credited to this appro13 priation as offsetting collections, funds received from 

14 States, counties, municipalities, other public authorities, 

15 and private sources, which shall be available for expenses 

16 incurred for research, engineering, and development. 

17 GRANTS-IN-AID FOR AIRPORTS

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (LIMITATION ON OBLIGATIONS)

20 (AIRPORT AND AIRWAY TRUST FUND)

21 For liquidation of obligations incurred for grants-in22 aid for airport planning and development, and noise com23 patibility planning and programs as authorized under sub24 chapter I of chapter 471 and subchapter I of chapter 475 

25 of title 49, United States Code, and under other law au26 thorizing such obligations; for procurement, installation, 
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1 and commissioning of runway incursion prevention devices 

2 and systems at airports of such title; for grants authorized 

3 under section 41743 of title 49, United States Code; and 

4 for inspection activities and administration of airport safe5 ty programs, including those related to airport operating 

6 certificates under section 44706 of title 49, United States 

7 Code, $3,600,000,000 to be derived from the Airport and 

8 Airway Trust Fund and to remain available until ex9 pended: Provided, That none of the funds under this head10 ing shall be available for the planning or execution of pro11 grams the obligations for which are in excess of 

12 $3,515,000,000 in fiscal year 2009, notwithstanding sec13 tion 47117(g) of title 49, United States Code: Provided 

14 further, That none of the funds under this heading shall 

15 be available for the replacement of baggage conveyor sys16 tems, reconfiguration of terminal baggage areas, or other 

17 airport improvements that are necessary to install bulk ex18 plosive detection systems: Provided further, That notwith19 standing any other provision of law, of funds limited under 

20 this heading, not more than $87,454,000 shall be obli21 gated for administration, not less than $15,000,000 shall 

22 be available for the airport cooperative research program, 

23 and not less than $19,348,000 shall be for Airport Tech24 nology Research. 
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1 (RESCISSION)

2 Of the amounts authorized under sections 48103 and 

3 48112 of title 49, United States Code, $75,000,000 are 

4 permanently rescinded from amounts authorized for the 

5 fiscal year ending September 30, 2009. 

6 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

7 ADMINISTRATION

8 SEC. 110. None of the funds in this Act may be used 

9 to compensate in excess of 425 technical staff-years under 

10 the federally funded research and development center con11 tract between the Federal Aviation Administration and the 

12 Center for Advanced Aviation Systems Development dur13 ing fiscal year 2009. 

14 SEC. 111. None of the funds in this Act shall be used 

15 to pursue or adopt guidelines or regulations requiring air16 port sponsors to provide to the Federal Aviation Adminis17 tration without cost building construction, maintenance, 

18 utilities and expenses, or space in airport sponsor-owned 

19 buildings for services relating to air traffic control, air 

20 navigation, or weather reporting: Provided, That the pro21 hibition of funds in this section does not apply to negotia22 tions between the agency and airport sponsors to achieve 

23 agreement on ‘‘below-market’’ rates for these items or to 

24 grant assurances that require airport sponsors to provide 

25 land without cost to the FAA for air traffic control facili26 ties. 
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1 SEC. 112. The Administrator of the Federal Aviation 

2 Administration may reimburse amounts made available to 

3 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

4 49 U.S.C. 45303: Provided, That during fiscal year 2009, 

5 49 U.S.C. 41742(b) shall not apply, and any amount re6 maining in such account at the close of that fiscal year 

7 may be made available to satisfy section 41742(a)(1) for 

8 the subsequent fiscal year. 

9 SEC. 113. Amounts collected under section 40113(e) 

10 of title 49, United States Code, shall be credited to the 

11 appropriation current at the time of collection, to be 

12 merged with and available for the same purposes of such 

13 appropriation. 

14 SEC. 114. (a) Section 44302(f)(1) of title 49, United 

15 States Code, is amended by striking ‘‘2006,’’ each place 

16 it appears and inserting ‘‘2009,’’. 

17 (b) Section 44303(b) of such title is amended by 

18 striking ‘‘2006,’’ and inserting ‘‘2009,’’. 

19 SEC. 115. None of the funds in this Act may be obli20 gated or expended for an employee of the Federal Aviation 

21 Administration to purchase a store gift card or gift certifi22 cate through use of a Government-issued credit card. 

23 SEC. 116. (a) No funds provided in this Act may be 

24 used by the Secretary of Transportation to promulgate 

25 regulations or take any action regarding the scheduling 
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1 of airline operations at any commercial airport in the 

2 United States if such regulation or action involves: 

3 (1) the auctioning by the Secretary or the FAA 

4 Administrator of rights or permission to conduct air5 line operations at such an airport, 

6 (2) the implementation by said Secretary or Ad7 ministrator of peak-period or other forms of conges8 tion pricing at such an airport, 

9 (3) either: 

10 (A) withdrawal by the Secretary or Admin11 istrator of a right or permission to conduct op12 erations at such an airport (except when the 

13 withdrawal is for operational reasons or pursu14 ant to the terms or conditions of such operating 

15 right or permission), or 

16 (B) requiring a carrier to transfer involun17 tarily any such right or permission to another 

18 person, 

19 (4) the charging by the Secretary or Adminis20 trator of a fee for the right or permission to use 

21 navigable airspace at such an airport, or 

22 (5) requiring or providing incentives or dis23 incentives to airport proprietors to take such actions 

24 themselves. 

25 (b) Nothing in this section shall be construed to: 
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1 (1) prohibit the Secretary or the Administrator 

2 from imposing per-operation limitations on airports 

3 for the purpose of alleviating congestion at such air4 ports, 

5 (2) prohibit individual airports from imple6 menting peak-period or other congestion pricing at 

7 such airports, consistent with regulations pertaining 

8 to airport rates and charges, or 

9 (3) limit the ability of a State, political subdivi10 sion of a State, or political authority of at least two 

11 States that owns or operates a commercial airport 

12 from carrying out its proprietary powers and rights. 

13 SEC. 117. None of the funds limited by this Act for 

14 grants under the Airport Improvement Program shall be 

15 made available to the sponsor of a commercial service air16 port if such sponsor fails to agree to a request from the 

17 Secretary of Transportation for cost-free space in a non18 revenue producing, public use area of the airport terminal 

19 or other airport facilities for the purpose of carrying out 

20 a public service air passenger rights and consumer out21 reach campaign. 

22 SEC. 118. Within 60 days of the publication date of 

23 any Government Accountability Office report reviewing 

24 the Federal Aviation Administration’s project to redesign 

25 the airspace over the New York, New Jersey, and Phila-
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1 delphia region, the Administrator of the Federal Aviation 

2 Administration shall report in writing to the Committee 

3 on Appropriations and the Committee on Commerce, 

4 Science, and Transportation, on actions the agency in5 tends to take in order to address any concerns and rec6 ommendations identified in the GAO report. 

7 FEDERAL HIGHWAY ADMINISTRATION

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 Not to exceed $390,000,000, together with advances 

10 and reimbursements received by the Federal Highway Ad11 ministration, shall be paid in accordance with law from 

12 appropriations made available by this Act to the Federal 

13 Highway Administration for necessary expenses for ad14 ministration and operation: Provided, That of the funds 

15 limited under this heading, $3,524,000 shall be trans16 ferred to the Department of Transportation’s Office of In17 spector General for costs associated with audits and inves18 tigations of projects and programs of the Federal Highway 

19 Administration, and $300,000 shall be provided to that 

20 office through reimbursement to conduct the annual au21 dits of financial statements in accordance with section 

22 3521 of title 31, United States Code. 
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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 (INCLUDING TRANSFER OF FUNDS)

5 None of the funds in this Act shall be available for 

6 the implementation or execution of programs, the obliga7 tions for which are in excess of $41,199,970,178 for Fed8 eral-aid highways and highway safety construction pro9 grams for fiscal year 2009: Provided, That within the 

10 $41,199,970,178 obligation limitation on Federal-aid 

11 highways and highway safety construction programs, not 

12 more than $429,800,000 shall be available for the imple13 mentation or execution of programs for transportation re14 search (chapter 5 of title 23, United States Code; sections 

15 111, 5505, and 5506 of title 49, United States Code; and 

16 title 5 of Public Law 109–59) for fiscal year 2009: Pro17 vided further, That this limitation on transportation re18 search programs shall not apply to any authority pre19 viously made available for obligation: Provided further, 

20 That the Secretary may, as authorized by section 605(b) 

21 of title 23, United States Code, collect and spend fees to 

22 cover the costs of services of expert firms, including coun23 sel, in the field of municipal and project finance to assist 

24 in the underwriting and servicing of Federal credit instru25 ments and all or a portion of the costs to the Federal Gov26 ernment of servicing such credit instruments: Provided 
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1 further, That such fees are available until expended to pay 

2 for such costs: Provided further, That such amounts are 

3 in addition to administrative expenses that are also avail4 able for such purpose, and are not subject to any obliga5 tion limitation or the limitation on administrative expenses 

6 under section 608 of title 23, United States Code. 

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (HIGHWAY TRUST FUND)

9 For carrying out the provisions of title 23, United 

10 States Code, that are attributable to Federal-aid high11 ways, not otherwise provided, including reimbursement for 

12 sums expended pursuant to the provisions of 23 U.S.C. 

13 308, $40,000,000,000 or so much thereof as may be avail14 able in and derived from the Highway Trust Fund (other 

15 than the Mass Transit Account), to remain available until 

16 expended. 

17 (RESCISSION)

18 (HIGHWAY TRUST FUND)

19 Of the unobligated balances of funds apportioned to 

20 each State under chapter 1 of title 23, United States 

21 Code, $3,150,000,000 are permanently rescinded: Pro22 vided, That such rescission shall not apply to the funds 

23 distributed in accordance with sections 130(f) and 

24 104(b)(5) of title 23, United States Code; sections 

25 133(d)(1) and 163 of such title, as in effect on the day 

26 before the date of enactment of Public Law 109–59; and 
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1 the first sentence of section 133(d)(3)(A) of such title: 

2 Provided further, That notwithstanding section 1132 of 

3 Public Law 110–140, in administering the rescission re4 quired under this heading, the Secretary of Transpor5 tation shall allow each State to determine the amount of 

6 the required rescission to be drawn from the programs to 

7 which the rescission applies. 

8 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

9 For necessary expenses for West Virginia corridor H 

10 of the Appalachian Development Highway System as au11 thorized under section 1069(y) of Public Law 102–240, 

12 as amended, $10,000,000, to remain available until ex13 pended. 

14 DENALI ACCESS SYSTEM PROGRAM

15 For necessary expenses for the Denali Access System 

16 Program as authorized under section 1960 of Public Law 

17 109–59, $6,000,000, to remain available until expended. 

18 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

19 ADMINISTRATION

20 (INCLUDING RESCISSIONS)

21 SEC. 120. (a) For fiscal year 2009, the Secretary of 

22 Transportation shall— 

23 (1) not distribute from the obligation limitation 

24 for Federal-aid highways amounts authorized for ad25 ministrative expenses and programs by section 

26 104(a) of title 23, United States Code; programs 
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1 funded from the administrative takedown authorized 

2 by section 104(a)(1) of title 23, United States Code 

3 (as in effect on the date before the date of enact4 ment of the Safe, Accountable, Flexible, Efficient 

5 Transportation Equity Act: A Legacy for Users); the 

6 highway use tax evasion program; and the Bureau of 

7 Transportation Statistics; 

8 (2) not distribute an amount from the obliga9 tion limitation for Federal-aid highways that is equal 

10 to the unobligated balance of amounts made avail11 able from the Highway Trust Fund (other than the 

12 Mass Transit Account) for Federal-aid highways and 

13 highway safety programs for previous fiscal years 

14 the funds for which are allocated by the Secretary; 

15 (3) determine the ratio that— 

16 (A) the obligation limitation for Federal17 aid highways, less the aggregate of amounts not 

18 distributed under paragraphs (1) and (2), bears 

19 to 

20 (B) the total of the sums authorized to be 

21 appropriated for Federal-aid highways and 

22 highway safety construction programs (other 

23 than sums authorized to be appropriated for 

24 provisions of law described in paragraphs (1) 

25 through (9) of subsection (b) and sums author-
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1 ized to be appropriated for section 105 of title 

2 23, United States Code, equal to the amount 

3 referred to in subsection (b)(10) for such fiscal 

4 year), less the aggregate of the amounts not 

5 distributed under paragraphs (1) and (2) of 

6 this subsection; 

7 (4)(A) distribute the obligation limitation for 

8 Federal-aid highways, less the aggregate amounts 

9 not distributed under paragraphs (1) and (2), for 

10 sections 1301, 1302, and 1934 of the Safe, Account11 able, Flexible, Efficient Transportation Equity Act: 

12 A Legacy for Users; sections 117 (but individually 

13 for each project numbered 1 through 3676 listed in 

14 the table contained in section 1702 of the Safe, Ac15 countable, Flexible, Efficient Transportation Equity 

16 Act: A Legacy for Users) and section 144(g) of title 

17 23, United States Code; and section 14501 of title 

18 40, United States Code, so that the amount of obli19 gation authority available for each of such sections 

20 is equal to the amount determined by multiplying 

21 the ratio determined under paragraph (3) by the 

22 sums authorized to be appropriated for that section 

23 for the fiscal year; and 

24 (B) distribute $2,000,000,000 for section 105 

25 of title 23, United States Code; 
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1 (5) distribute the obligation limitation provided 

2 for Federal-aid highways, less the aggregate 

3 amounts not distributed under paragraphs (1) and 

4 (2) and amounts distributed under paragraph (4), 

5 for each of the programs that are allocated by the 

6 Secretary under the Safe, Accountable, Flexible, Ef7 ficient Transportation Equity Act: A Legacy for 

8 Users and title 23, United States Code (other than 

9 to programs to which paragraphs (1) and (4) apply), 

10 by multiplying the ratio determined under paragraph 

11 (3) by the amounts authorized to be appropriated 

12 for each such program for such fiscal year; and 

13 (6) distribute the obligation limitation provided 

14 for Federal-aid highways, less the aggregate 

15 amounts not distributed under paragraphs (1) and 

16 (2) and amounts distributed under paragraphs (4) 

17 and (5), for Federal-aid highways and highway safe18 ty construction programs (other than the amounts 

19 apportioned for the equity bonus program, but only 

20 to the extent that the amounts apportioned for the 

21 equity bonus program for the fiscal year are greater 

22 than $2,639,000,000, and the Appalachian develop23 ment highway system program) that are apportioned 

24 by the Secretary under the Safe, Accountable, Flexi25 ble, Efficient Transportation Equity Act: A Legacy 
26 

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1 for Users and title 23, United States Code, in the 

2 ratio that— 

3 (A) amounts authorized to be appropriated 

4 for such programs that are apportioned to each 

5 State for such fiscal year, bear to 

6 (B) the total of the amounts authorized to 

7 be appropriated for such programs that are ap8 portioned to all States for such fiscal year. 

9 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

10 The obligation limitation for Federal-aid highways shall 

11 not apply to obligations: (1) under section 125 of title 23, 

12 United States Code; (2) under section 147 of the Surface 

13 Transportation Assistance Act of 1978; (3) under section 

14 9 of the Federal-Aid Highway Act of 1981; (4) under sub15 sections (b) and (j) of section 131 of the Surface Trans16 portation Assistance Act of 1982; (5) under subsections 

17 (b) and (c) of section 149 of the Surface Transportation 

18 and Uniform Relocation Assistance Act of 1987; (6) under 

19 sections 1103 through 1108 of the Intermodal Surface 

20 Transportation Efficiency Act of 1991; (7) under section 

21 157 of title 23, United States Code, as in effect on the 

22 day before the date of the enactment of the Transpor23 tation Equity Act for the 21st Century; (8) under section 

24 105 of title 23, United States Code, as in effect for fiscal 

25 years 1998 through 2004, but only in an amount equal 
27 

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1 to $639,000,000 for each of those fiscal years; (9) for 

2 Federal-aid highway programs for which obligation au3 thority was made available under the Transportation Eq4 uity Act for the 21st Century or subsequent public laws 

5 for multiple years or to remain available until used, but 

6 only to the extent that the obligation authority has not 

7 lapsed or been used; (10) under section 105 of title 23, 

8 United States Code, but only in an amount equal to 

9 $639,000,000 for each of fiscal years 2005 through 2008; 

10 and (11) under section 1603 of the Safe, Accountable, 

11 Flexible, Efficient Transportation Equity Act: A Legacy 

12 for Users, to the extent that funds obligated in accordance 

13 with that section were not subject to a limitation on obli14 gations at the time at which the funds were initially made 

15 available for obligation. 

16 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU17 THORITY.—Notwithstanding subsection (a), the Secretary 

18 shall, after August 1 of such fiscal year, revise a distribu19 tion of the obligation limitation made available under sub20 section (a) if the amount distributed cannot be obligated 

21 during that fiscal year and redistribute sufficient amounts 

22 to those States able to obligate amounts in addition to 

23 those previously distributed during that fiscal year, giving 

24 priority to those States having large unobligated balances 
28 

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1 of funds apportioned under sections 104 and 144 of title 

2 23, United States Code. 

3 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

4 TRANSPORTATION RESEARCH PROGRAMS.—The obliga5 tion limitation shall apply to transportation research pro6 grams carried out under chapter 5 of title 23, United 

7 States Code, and title V (research title) of the Safe, Ac8 countable, Flexible, Efficient Transportation Equity Act: 

9 A Legacy for Users, except that obligation authority made 

10 available for such programs under such limitation shall re11 main available for a period of 3 fiscal years and shall be 

12 in addition to the amount of any limitation imposed on 

13 obligations for Federal-aid highway and highway safety 

14 construction programs for future fiscal years. 

15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.— 

17 (1) IN GENERAL.—Not later than 30 days after 

18 the date of the distribution of obligation limitation 

19 under subsection (a), the Secretary shall distribute 

20 to the States any funds that— 

21 (A) are authorized to be appropriated for 

22 such fiscal year for Federal-aid highways pro23 grams; and 

24 (B) the Secretary determines will not be 

25 allocated to the States, and will not be available 
29 

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1 for obligation, in such fiscal year due to the im2 position of any obligation limitation for such 

3 fiscal year. 

4 (2) RATIO.—Funds shall be distributed under 

5 paragraph (1) in the same ratio as the distribution 

6 of obligation authority under subsection (a)(6). 

7 (3) AVAILABILITY.—Funds distributed under 

8 paragraph (1) shall be available for any purposes de9 scribed in section 133(b) of title 23, United States 

10 Code. 

11 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli12 gation limitation distributed for a fiscal year under sub13 section (a)(4) for the provision specified in subsection 

14 (a)(4) shall— 

15 (1) remain available until used for obligation of 

16 funds for that provision; and 

17 (2) be in addition to the amount of any limita18 tion imposed on obligations for Federal-aid highway 

19 and highway safety construction programs for future 

20 fiscal years. 

21 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 obligation authority distributed for such fiscal year 

24 under subsection (a)(4) for each project numbered 1 

25 through 3676 listed in the table contained in section 
30 

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1 1702 of the Safe, Accountable, Flexible, Efficient 

2 Transportation Equity Act: A Legacy for Users may 

3 be obligated for any other project in such section in 

4 the same State. 

5 (2) RESTORATION.—Obligation authority used 

6 as described in paragraph (1) shall be restored to 

7 the original purpose on the date on which obligation 

8 authority is distributed under this section for the 

9 next fiscal year following obligation under paragraph 

10 (1). 

11 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

12 Nothing in this section shall be construed to limit the dis13 tribution of obligation authority under subsection 

14 (a)(4)(A) for each of the individual projects numbered 

15 greater than 3676 listed in the table contained in section 

16 1702 of the Safe, Accountable, Flexible, Efficient Trans17 portation Equity Act: A Legacy for Users. 

18 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re19 ceived by the Bureau of Transportation Statistics from the 

20 sale of data products, for necessary expenses incurred pur21 suant to 49 U.S.C. 111 may be credited to the Federal22 aid highways account for the purpose of reimbursing the 

23 Bureau for such expenses: Provided, That such funds shall 

24 be subject to the obligation limitation for Federal-aid 

25 highways and highway safety construction. 
31 

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1 SEC. 122. Of the unobligated balances of funds under 

2 sections 1103(b), 1104(b), 1105(f), 1105(h), 1106(a), 

3 1106(b), 1107(b), 1108(b), and 4008(j) of Public Law 

4 102–240 and section 6023(b) of Public Law 102–240 

5 (adding paragraph (10)(c) to section 11(b) of the Federal 

6 Transit Act), $284,000,000 are permanently rescinded. 

7 SEC. 123. Of the unobligated balances made available 

8 under section 1602 of Public Law 105–178, funds for 

9 each project for which less than 10 percent of the funds 

10 made available under that section have been obligated are 

11 permanently rescinded. 

12 SEC. 124. Of the amounts made available under sec13 tion 104(a) of title 23, United States Code, $33,401,492 

14 are permanently rescinded. 

15 SEC. 125. Of the unobligated balances of funds made 

16 available in fiscal year 2005 and prior fiscal years for the 

17 implementation or execution of programs for transpor18 tation research, training and education, and technology 

19 deployment including intelligent transportation systems, 

20 $11,756,527 are permanently rescinded. 

21 SEC. 126. There is hereby appropriated to the Sec22 retary of Transportation $182,695,000 for surface trans23 portation priorities: Provided, That the amount provided 

24 by this section shall be made available for the programs, 

25 projects and activities identified under this section in the 
32 

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1 explanatory statement accompanying this Act: Provided 

2 further, That funds provided by this section, at the request 

3 of a State, shall be transferred by the Secretary to another 

4 Federal agency: Provided further, That the Federal share 

5 payable on account of any program, project, or activity 

6 carried out with funds set aside by this section shall be 

7 100 percent: Provided further, That the sums set aside by 

8 this section shall remain available until expended: Pro9 vided further, That none of the funds set aside by this 

10 section shall be subject to any limitation on obligations 

11 for Federal-aid highways and highway safety construction 

12 programs set forth in this Act or any other Act. 

13 SEC. 127. Not less than 15 days prior to waiving, 

14 under her statutory authority, any Buy America require15 ment for Federal-aid highway projects, the Secretary of 

16 Transportation shall make an informal public notice and 

17 comment opportunity on the intent to issue such waiver 

18 and the reasons therefor: Provided, That the Secretary 

19 shall provide an annual report to the Appropriations Com20 mittees of the Congress on any waivers granted under the 

21 Buy America requirements. 

22 SEC. 128. Upon enactment of this Act, the Secretary 

23 of the Treasury shall transfer $8,017,355,427 from the 

24 general fund of the Treasury to the Highway Trust Fund 

25 (other than the Mass Transit Account). 
33 

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1 SEC. 129. Notwithstanding any other provision of 

2 law, funds made available in Public Law 110–161 for 

3 ‘‘Bridge over Broadway, Missoula to Rattlesnake National 

4 Recreation Area, MT’’ shall be available for a new pedes5 trian and bicycle-friendly at-grade crossing of East Broad6 way Street in Missoula, Montana. 

7 SEC. 130. (a) IN GENERAL.—Except as provided in 

8 subsection (b), none of the funds made available, limited, 

9 or otherwise affected by this Act shall be used to approve 

10 or otherwise authorize the imposition of any toll on any 

11 segment of highway located on the Federal-aid system in 

12 the State of Texas that— 

13 (1) as of the date of enactment of this Act, is 

14 not tolled; 

15 (2) is constructed with Federal assistance pro16 vided under title 23, United States Code; and 

17 (3) is in actual operation as of the date of en18 actment of this Act. 

19 (b) EXCEPTIONS.— 

20 (1) NUMBER OF TOLL LANES.—Subsection (a) 

21 shall not apply to any segment of highway on the 

22 Federal-aid system described in that subsection that, 

23 as of the date on which a toll is imposed on the seg24 ment, will have the same number of non-toll lanes as 

25 were in existence prior to that date. 
34 

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1 (2) HIGH-OCCUPANCY VEHICLE LANES.—A 

2 high-occupancy vehicle lane that is converted to a 

3 toll lane shall not be subject to this section, and 

4 shall not be considered to be a non-toll lane for pur5 poses of determining whether a highway will have 

6 fewer non-toll lanes than prior to the date of imposi7 tion of the toll, if— 

8 (A) high-occupancy vehicles occupied by 

9 the number of passengers specified by the enti10 ty operating the toll lane may use the toll lane 

11 without paying a toll, unless otherwise specified 

12 by the appropriate county, town, municipal or 

13 other local government entity, or public toll 

14 road or transit authority; or 

15 (B) each high-occupancy vehicle lane that 

16 was converted to a toll lane was constructed as 

17 a temporary lane to be replaced by a toll lane 

18 under a plan approved by the appropriate coun19 ty, town, municipal or other local government 

20 entity, or public toll road or transit authority. 
35 

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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY GRANTS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 (INCLUDING RESCISSION)

7 For payment of obligations incurred in carrying out 

8 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

9 31313 of title 49, United States Code, and sections 4126 

10 and 4128 of Public Law 109–59, $307,000,000, to be de11 rived from the Highway Trust Fund (other than the Mass 

12 Transit Account) and to remain available until expended: 

13 Provided, That none of the funds in this Act shall be avail14 able for the implementation or execution of programs, the 

15 obligations for which are in excess of $307,000,000, for 

16 ‘‘Motor Carrier Safety Grants’’; of which $209,000,000 

17 shall be available for the motor carrier safety assistance 

18 program to carry out sections 31102 and 31104(a) of title 

19 49, United States Code; $25,000,000 shall be available for 

20 the commercial driver’s license improvements program to 

21 carry out section 31313 of title 49, United States Code; 

22 $32,000,000 shall be available for the border enforcement 

23 grants program to carry out section 31107 of title 49, 

24 United States Code; $5,000,000 shall be available for the 

25 performance and registration information system manage26 ment program to carry out sections 31106(b) and 31109 
36 

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1 of title 49, United States Code; $25,000,000 shall be 

2 available for the commercial vehicle information systems 

3 and networks deployment program to carry out section 

4 4126 of Public Law 109–59; $3,000,000 shall be available 

5 for the safety data improvement program to carry out sec6 tion 4128 of Public Law 109–59; and $8,000,000 shall 

7 be available for the commercial driver’s license information 

8 system modernization program to carry out section 

9 31309(e) of title 49, United States Code: Provided further, 

10 That of the funds made available for the motor carrier 

11 safety assistance program, $29,000,000 shall be available 

12 for audits of new entrant motor carriers: Provided further, 

13 That $4,231,228 in unobligated balances are rescinded. 

14 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 (INCLUDING RESCISSION)

19 For payment of obligations incurred in the implemen20 tation, execution, and administration of the motor carrier 

21 safety operations and programs pursuant to section 

22 31104(i) of title 49, United States Code, and sections 

23 4127 and 4134 of Public Law 109–59, $234,000,000, to 

24 be derived from the Highway Trust Fund (other than the 

25 Mass Transit Account), together with advances and reim26 bursements received by the Federal Motor Carrier Safety 
37 

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1 Administration, the sum of which shall remain available 

2 until expended: Provided, That none of the funds derived 

3 from the Highway Trust Fund in this Act shall be avail4 able for the implementation, execution or administration 

5 of programs, the obligations for which are in excess of 

6 $234,000,000, for ‘‘Motor Carrier Safety Operations and 

7 Programs’’, of which $7,974,000, to remain available for 

8 obligation until September 30, 2011, for the research and 

9 technology program and $1,000,000 shall be available for 

10 commercial motor vehicle operator’s grants to carry out 

11 section 4134 of Public Law 109–59: Provided further, 

12 That notwithstanding any other provision of law, none of 

13 the funds under this heading for outreach and education 

14 shall be available for transfer: Provided further, That the 

15 Federal Motor Carrier Safety Administration shall trans16 mit to Congress a report on the last day of every fiscal 

17 quarter on the agency’s ability to meet its requirement to 

18 conduct compliance reviews on high-risk carriers: Provided 

19 further, That the amount herein appropriated shall be re20 duced by $100,000 for each day after the submission date 

21 that such report has not been submitted to the Congress: 

22 Provided further, That any reduction taken as a result of 

23 the previous proviso shall come from the Office of the Ad24 ministrator: Provided further, That $4,887,411 in unobli25 gated balances are rescinded. 
38 

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1 MOTOR CARRIER SAFETY

2 (HIGHWAY TRUST FUND)

3 (RESCISSION)

4 Of the amounts made available under this heading 

5 in prior appropriations Acts, $1,390,201 in unobligated 

6 balances are rescinded. 

7 NATIONAL MOTOR CARRIER SAFETY PROGRAM

8 (HIGHWAY TRUST FUND)

9 (RESCISSION)

10 Of the amounts made available under this heading 

11 in prior appropriations Act, $14,903,792 in unobligated 

12 balances are rescinded. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

14 CARRIER SAFETY ADMINISTRATION

15 SEC. 135. Funds appropriated or limited in this Act 

16 shall be subject to the terms and conditions stipulated in 

17 section 350 of Public Law 107–87 and section 6901 of 

18 Public Law 110–28, including that the Secretary submit 

19 a report to the House and Senate Appropriations Commit20 tees annually on the safety and security of transportation 

21 into the United States by Mexico-domiciled motor carriers. 

22 SEC. 136. None of the funds made available under 

23 this Act may be used to establish a cross-border motor 

24 carrier demonstration program to allow Mexico-domiciled 

25 motor carriers to operate beyond the commercial zones 
39 

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1 along the international border between the United States 

2 and Mexico. 

3 SEC. 137. None of the funds appropriated or other4 wise made available under this Act may be used, directly 

5 or indirectly, to establish, implement, continue, promote, 

6 or in any way permit a cross-border motor carrier dem7 onstration program to allow Mexican-domiciled motor car8 riers to operate beyond the commercial zones along the 

9 international border between the United States and Mex10 ico, including continuing, in whole or in part, any such 

11 program that was initiated prior to the date of the enact12 ment of this Act. 

13 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

14 OPERATIONS AND RESEARCH

15 For expenses necessary to discharge the functions of 

16 the Secretary, with respect to traffic and highway safety 

17 under subtitle C of title X of Public Law 109–59, chapter 

18 301 of title 49, United States Code, and part C of subtitle 

19 VI of title 49, United States Code, $126,000,000, of which 

20 $58,578,000 shall remain available until September 30, 

21 2009, and of which $66,922,000 shall remain available 

22 until September 30, 2010: Provided, That none of the 

23 funds appropriated by this Act may be obligated or ex24 pended to plan, finalize, or implement any rulemaking to 

25 add to section 575.104 of title 49 of the Code of Federal 
40 

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1 Regulations any requirement pertaining to a grading 

2 standard that is different from the three grading stand3 ards (treadwear, traction, and temperature resistance) al4 ready in effect. 

5 OPERATIONS AND RESEARCH

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (LIMITATION ON OBLIGATIONS)

8 (HIGHWAY TRUST FUND)

9 For payment of obligations incurred in carrying out 

10 the provisions of 23 U.S.C. 403, $105,500,000 to be de11 rived from the Highway Trust Fund (other than the Mass 

12 Transit Account) and to remain available until expended: 

13 Provided, That none of the funds in this Act shall be avail14 able for the planning or execution of programs the total 

15 obligations for which, in fiscal year 2009, are in excess 

16 of $105,500,000 for programs authorized under 23 U.S.C. 

17 403: Provided, That within the $105,500,000 obligation 

18 limitation for operations and research, $68,917,000 shall 

19 remain available until September 30, 2010. 

20 NATIONAL DRIVER REGISTER

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in carrying out 

25 chapter 303 of title 49, United States Code, $4,000,000, 

26 to be derived from the Highway Trust Fund (other than 
41 

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1 the Mass Transit Account) and to remain available until 

2 expended: Provided, That none of the funds in this Act 

3 shall be available for the implementation or execution of 

4 programs the total obligations for which, in fiscal year 

5 2009, are in excess of $4,000,000 for the National Driver 

6 Register authorized under such chapter. 

7 HIGHWAY TRAFFIC SAFETY GRANTS

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (LIMITATION ON OBLIGATIONS)

10 (HIGHWAY TRUST FUND)

11 For payment of obligations incurred in carrying out 

12 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

13 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

14 Law 109–59, to remain available until expended, 

15 $619,500,000 to be derived from the Highway Trust Fund 

16 (other than the Mass Transit Account): Provided, That 

17 none of the funds in this Act shall be available for the 

18 planning or execution of programs the total obligations for 

19 which, in fiscal year 2009, are in excess of $619,500,000 

20 for programs authorized under 23 U.S.C. 402, 405, 406, 

21 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

22 2011 of Public Law 109–59, of which $235,000,000 shall 

23 be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 

24 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

25 Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for 

26 ‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406: 
42 

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1 Provided further, That unobligated balances and associ2 ated obligational authority for such grants may be made 

3 available for such grants in fiscal year 2010; $34,500,000 

4 shall be for ‘‘State Traffic Safety Information System Im5 provements’’ under 23 U.S.C. 408; $139,000,000 shall be 

6 for ‘‘Alcohol-Impaired Driving Countermeasures Incentive 

7 Grant Program’’ under 23 U.S.C. 410; $18,500,000 shall 

8 be for ‘‘Administrative Expenses’’ under section 

9 2001(a)(11) of Public Law 109–59; $29,000,000 shall be 

10 for ‘‘High Visibility Enforcement Program’’ under section 

11 2009 of Public Law 109–59; $7,000,000 shall be for ‘‘Mo12 torcyclist Safety’’ under section 2010 of Public Law 109– 

13 59; and $7,000,000 shall be for ‘‘Child Safety and Child 

14 Booster Seat Safety Incentive Grants’’ under section 2011 

15 of Public Law 109–59: Provided further, That none of 

16 these funds shall be used for construction, rehabilitation, 

17 or remodeling costs, or for office furnishings and fixtures 

18 for State, local or private buildings or structures: Provided 

19 further, That not to exceed $500,000 of the funds made 

20 available for section 410 ‘‘Alcohol-Impaired Driving Coun21 termeasures Grants’’ shall be available for technical assist22 ance to the States: Provided further, That not to exceed 

23 $750,000 of the funds made available for the ‘‘High Visi24 bility Enforcement Program’’ shall be available for the 
43 

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1 evaluation required under section 2009(f) of Public Law 

2 109–59. 

3 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

4 TRAFFIC SAFETY ADMINISTRATION

5 SEC. 140. Notwithstanding any other provision of law 

6 or limitation on the use of funds made available under 

7 section 403 of title 23, United States Code, an additional 

8 $130,000 shall be made available to the National Highway 

9 Traffic Safety Administration, out of the amount limited 

10 for section 402 of title 23, United States Code, to pay 

11 for travel and related expenses for State management re12 views and to pay for core competency development train13 ing and related expenses for highway safety staff. 

14 SEC. 141. Of the amounts made available under the 

15 heading ‘‘Operations and Research (Liquidation of Con16 tract Authorization) (Limitation on Obligations) (High17 way Trust Fund)’’ in prior appropriations Acts, 

18 $1,314,648 in unobligated balances are rescinded. 

19 SEC. 142. Of the amounts made available under the 

20 heading ‘‘National Driver Register (Liquidation of Con21 tract Authorization) (Limitation on Obligations) (High22 way Trust Fund)’’ in prior appropriations Acts, $534,000 

23 in unobligated balances are rescinded. 

24 SEC. 143. Of the amounts made available under the 

25 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

26 Contract Authorization) (Limitation on Obligations) 
44 

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1 (Highway Trust Fund)’’ in prior appropriations Acts, 

2 $50,000,000 in unobligated balances are rescinded. 

3 FEDERAL RAILROAD ADMINISTRATION

4 SAFETY AND OPERATIONS

5 For necessary expenses of the Federal Railroad Ad6 ministration, not otherwise provided for, $158,745,000, of 

7 which $12,268,890 shall remain available until expended. 

8 RAILROAD RESEARCH AND DEVELOPMENT

9 For necessary expenses for railroad research and de10 velopment, including projects for positive train control, 

11 $34,000,000, to remain available until expended. 

12 RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

13 For necessary expenses of carrying out section 20154 

14 of title 49, United States Code, as authorized by section 

15 9002 of Public Law 109–59, $20,000,000, to remain 

16 available until expended. 

17 CAPITAL ASSISTANCE TO STATES—INTERCITY

18 PASSENGER RAIL SERVICE

19 To enable the Federal Railroad Administrator to 

20 make grants to States for the capital costs of improving 

21 existing in support of intercity passenger rail service and 

22 providing new intercity passenger rail service, 

23 $100,000,000, to remain available until expended: Pro24 vided, That grants shall be provided to a State only on 

25 a reimbursable basis: Provided further, That grants cover 

26 no more than 50 percent of the total capital cost of a 
45 

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1 project selected for funding: Provided further, That no 

2 more than 10 percent of funds made available under this 

3 program may be used for planning activities that lead di4 rectly to the development of a passenger rail corridor in5 vestment plan consistent with the requirements estab6 lished by the Administrator: Provided further, That no 

7 later than 8 months following enactment of this Act, the 

8 Secretary shall establish and publish criteria for project 

9 selection, set a deadline for grant applications, and provide 

10 a schedule for project selection: Provided further, That to 

11 be eligible for this assistance, States must include intercity 

12 passenger rail service as an integral part of statewide 

13 transportation planning as required under section 135 of 

14 title 23, United States Code: Provided further, That to be 

15 eligible for capital assistance the specific project must be 

16 on the Statewide Transportation Improvement Plan at the 

17 time of the application to qualify: Provided further, That 

18 the Secretary give priority to capital and planning applica19 tions for projects that improve the safety and reliability 

20 of intercity passenger trains, involve a commitment by 

21 freight railroads to an enforceable on-time performance of 

22 passenger trains of 80 percent or greater, involve a com23 mitment by freight railroads of financial resources com24 mensurate with the benefit expected to their operations, 

25 improve or extend service on a route that requires little 
46 

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1 or no Federal assistance for its operations, and involve 

2 a commitment by States or railroads of financial resources 

3 to improve the safety of highway/rail grade crossings over 

4 which the passenger service operates. 

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 FINANCING PROGRAM

7 The Secretary of Transportation is authorized to 

8 issue to the Secretary of the Treasury notes or other obli9 gations pursuant to section 512 of the Railroad Revitaliza10 tion and Regulatory Reform Act of 1976 (Public Law 94– 

11 210), as amended, in such amounts and at such times as 

12 may be necessary to pay any amounts required pursuant 

13 to the guarantee of the principal amount of obligations 

14 under sections 511 through 513 of such Act, such author15 ity to exist as long as any such guaranteed obligation is 

16 outstanding: Provided, That pursuant to section 502 of 

17 such Act, as amended, no new direct loans or loan guar18 antee commitments shall be made using Federal funds for 

19 the credit risk premium during fiscal year 2009. 

20 OPERATING GRANTS TO THE NATIONAL RAILROAD

21 PASSENGER CORPORATION

22 To enable the Secretary of Transportation to make 

23 grants to the National Railroad Passenger Corporation for 

24 operation of intercity passenger rail, $550,000,000, to re25 main available until expended: Provided, That the Sec26 retary shall withhold such sums as shall be necessary for 
47 

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1 the costs associated with the second retroactive wage pay2 ment to Amtrak employees and shall transmit such fund3 ing to the corporation for the sole and exclusive purpose 

4 of making such payments only at such time as said pay5 ments are due: Provided further, That such remaining 

6 amounts available under this paragraph shall be available 

7 for the Secretary to approve funding to cover operating 

8 losses for the Corporation only after receiving and review9 ing a grant request for each specific train route: Provided 

10 further, That each such grant request shall be accom11 panied by a detailed financial analysis, revenue projection, 

12 and capital expenditure projection justifying the Federal 

13 support to the Secretary’s satisfaction: Provided further, 

14 That the Corporation is directed to achieve savings 

15 through operating efficiencies including, but not limited 

16 to, modifications to food and beverage service and first 

17 class service: Provided further, That the Inspector General 

18 of the Department of Transportation shall report to the 

19 House and Senate Committees on Appropriations begin20 ning 3 months after the date of the enactment of this Act 

21 and quarterly thereafter with estimates of the savings ac22 crued as a result of all operational reforms instituted by 

23 the Corporation: Provided further, That not later than 120 

24 days after enactment of this Act, the Corporation shall 

25 transmit to the House and Senate Committees on Appro-
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1 priations the status of its plan to improve the financial 

2 performance of food and beverage service and its plan to 

3 improve the financial performance of first class service (in4 cluding sleeping car service): Provided further, That the 

5 Corporation shall report quarterly to the House and Sen6 ate Committees on Appropriations on its progress against 

7 the milestones and target dates contained in the plan pro8 vided in fiscal year 2007 and quantify savings realized to 

9 date on a monthly basis compared to those projected in 

10 the plan, identify any changes in the plan or delays in 

11 implementing these plans, and identify the causes of delay 

12 and proposed corrective measures: Provided further, That 

13 not later than 90 days after enactment of this Act, the 

14 Corporation shall transmit, in electronic format, to the 

15 Secretary, the House and Senate Committees on Appro16 priations, the House Committee on Transportation and 

17 Infrastructure and the Senate Committee on Commerce, 

18 Science, and Transportation a comprehensive business 

19 plan approved by the Board of Directors for fiscal year 

20 2008 under section 24104(a) of title 49, United States 

21 Code: Provided further, That the business plan shall in22 clude, as applicable, targets for ridership, revenues, and 

23 capital and operating expenses: Provided further, That the 

24 plan shall also include a separate accounting of such tar25 gets for the Northeast Corridor; commuter service; long- 
49 

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1 distance Amtrak service; State-supported service; each 

2 intercity train route, including Autotrain; and commercial 

3 activities including contract operations: Provided further, 

4 That the business plan shall include a description of the 

5 work to be funded, along with cost estimates and an esti6 mated timetable for completion of the projects covered by 

7 this business plan: Provided further, That, the business 

8 plan shall be accompanied by a comprehensive fleet plan 

9 for all Amtrak rolling stock which shall address the cor10 poration’s detailed plans and timeframes for the mainte11 nance, refurbishment, replacement and expansion of the 

12 Amtrak fleet: Provided further, That said fleet plan shall 

13 establish year-specific goals and milestones and discuss 

14 potential and preferred financing options for all such ac15 tivities: Provided further, That the Corporation shall con16 tinue to provide monthly reports in electronic format re17 garding the pending business plan, which shall describe 

18 the work completed to date, any changes to the business 

19 plan, and the reasons for such changes, and shall identify 

20 all sole source contract awards which shall be accompanied 

21 by a justification as to why said contract was awarded on 

22 a sole source basis: Provided further, That the Corpora23 tion’s business plan and all subsequent supplemental plans 

24 shall be displayed on the Corporation’s website within a 

25 reasonable timeframe following their submission to the ap-
50 

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1 propriate entities: Provided further, That none of the 

2 funds under this heading may be obligated or expended 

3 until the Corporation agrees to continue abiding by the 

4 provisions of paragraphs 1, 2, 5, 9, and 11 of the sum5 mary of conditions for the direct loan agreement of June 

6 28, 2002, in the same manner as in effect on the date 

7 of enactment of this Act: Provided further, That none of 

8 the funds provided in this Act may be used after March 

9 1, 2006, to support any route on which Amtrak offers a 

10 discounted fare of more than 50 percent off the normal, 

11 peak fare: Provided further, That the preceding proviso 

12 does not apply to routes where the operating loss as a re13 sult of the discount is covered by a State and the State 

14 participates in the setting of fares: Provided further, That 

15 of the amounts made available under this heading not less 

16 than $18,500,000 shall be available for the Amtrak Office 

17 of Inspector General. 

18 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

19 RAILROAD PASSENGER CORPORATION

20 To enable the Secretary of Transportation to make 

21 quarterly grants to the National Railroad Passenger Cor22 poration for the maintenance and repair of capital infra23 structure owned by the Corporation, including railroad 

24 equipment, rolling stock, legal mandates and other serv25 ices, $1,000,000,000, to remain available until expended, 

26 of which not to exceed $285,000,000 shall be for debt 
51 

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1 service obligations: Provided, That the Secretary may re2 tain up to one-quarter of 1 percent of the funds under 

3 this heading to fund the oversight by the Federal Railroad 

4 Administration of the design and implementation of cap5 ital projects funded by grants made under this heading: 

6 Provided further, That the Secretary shall approve funding 

7 for capital expenditures, including advance purchase or8 ders of materials, for the Corporation only after receiving 

9 and reviewing a grant request for each specific capital 

10 grant justifying the Federal support to the Secretary’s 

11 satisfaction: Provided further, That none of the funds 

12 under this heading may be used to subsidize operating 

13 losses of the Corporation: Provided further, That none of 

14 the funds under this heading may be used for capital 

15 projects not approved by the Secretary of Transportation 

16 or on the Corporation’s fiscal year 2009 business plan. 

17 EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL

18 RAILROAD PASSENGER CORPORATION

19 (RESCISSION)

20 Of the amounts made available under this heading 

21 in Public Laws 109–115 and 110–5, $46,800,000 is re22 scinded. 

23 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

24 ADMINISTRATION

25 SEC. 150. Hereafter, notwithstanding any other pro26 vision of law, funds provided in this Act for the National 
52 

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1 Railroad Passenger Corporation shall immediately cease 

2 to be available to said Corporation in the event that the 

3 Corporation contracts to have services provided at or from 

4 any location outside the United States. For purposes of 

5 this section, the word ‘‘services’’ shall mean any service 

6 that was, as of July 1, 2006, performed by a full-time 

7 or part-time Amtrak employee whose base of employment 

8 is located within the United States. 

9 SEC. 151. The Federal Railroad Administrator shall 

10 submit a quarterly report on January 1, 2009, and quar11 terly reports thereafter, to the House and Senate Commit12 tees on Appropriations detailing the Administrator’s ef13 forts at improving the on-time performance of Amtrak 

14 intercity rail service operating on non-Amtrak owned prop15 erty. Such reports shall compare the most recent actual 

16 on-time performance data to pre-established on-time per17 formance goals that the Administrator shall set for each 

18 rail service, identified by route. Such reports shall also in19 clude whatever other information and data regarding the 

20 on-time performance of Amtrak trains the Administrator 

21 deems to be appropriate. The amounts made available in 

22 this title under the heading ‘‘Office of the Secretary, Sala23 ries and Expenses’’ shall be reduced $100,000 for each 

24 day after the first day of each quarter that the quarterly 
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1 reports required by this section are not submitted to the 

2 Congress. 

3 SEC. 152. The Secretary may purchase promotional 

4 items of nominal value for use in public outreach activities 

5 to accomplish the purposes of 49 U.S.C. 20134: Provided, 

6 That the Secretary shall prescribe guidelines for the ad7 ministration of such purchases and use. 

8 SEC. 153. The Secretary of Transportation may re9 ceive and expend cash, or receive and utilize spare parts 

10 and similar items, from non-United States Government 

11 sources to repair damages to or replace United States 

12 Government owned automated track inspection cars and 

13 equipment as a result of third party liability for such dam14 ages, and any amounts collected under this section shall 

15 be credited directly to the Safety and Operations account 

16 of the Federal Railroad Administration, and shall remain 

17 available until expended for the repair, operation and 

18 maintenance of automated track inspection cars and 

19 equipment in connection with the automated track inspec20 tion program. 

21 FEDERAL TRANSIT ADMINISTRATION

22 ADMINISTRATIVE EXPENSES

23 For necessary administrative expenses of the Federal 

24 Transit Administration’s programs authorized by chapter 

25 53 of title 49, United States Code, $93,000,000: Provided, 
54 

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1 That of the funds available under this heading, not to ex2 ceed $1,539,000 shall be available for travel and not to 

3 exceed $23,322,000 shall be available for the central ac4 count: Provided further, That any funding transferred 

5 from the central account shall be submitted for approval 

6 to the House and Senate Committees on Appropriations: 

7 Provided further, That none of the funds provided or lim8 ited in this Act may be used to create a permanent office 

9 of transit security under this heading: Provided further, 

10 That of the funds in this Act available for the execution 

11 of contracts under section 5327(c) of title 49, United 

12 States Code, $2,000,000 shall be transferred to the De13 partment of Transportation’s Office of Inspector General 

14 for costs associated with audits and investigations of tran15 sit-related issues, including reviews of new fixed guideway 

16 systems: Provided further, That upon submission to the 

17 Congress of the fiscal year 2009 President’s budget, the 

18 Secretary of Transportation shall transmit to Congress 

19 the annual report on new starts, including proposed alloca20 tions of funds for fiscal year 2009. 

21 FORMULA AND BUS GRANTS

22 (LIQUIDATION OF CONTRACT AUTHORITY)

23 (LIMITATION ON OBLIGATIONS)

24 (HIGHWAY TRUST FUND)

25 For payment of obligations incurred in carrying out 

26 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 
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1 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 

2 section 3038 of Public Law 105–178, as amended, 

3 $8,670,000,000 to be derived from the Mass Transit Ac4 count of the Highway Trust Fund and to remain available 

5 until expended: Provided, That funds available for the im6 plementation or execution of programs authorized under 

7 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

8 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

9 Public Law 105–178, as amended, shall not exceed total 

10 obligations of $8,260,565,000 in fiscal year 2009. 

11 RESEARCH AND UNIVERSITY RESEARCH CENTERS

12 For necessary expenses to carry out 49 U.S.C. 5306, 

13 5312–5315, 5322, and 5506, $63,000,000, to remain 

14 available until expended: Provided, That $9,300,000 is 

15 available to carry out the transit cooperative research pro16 gram under section 5313 of title 49, United States Code, 

17 $4,300,000 is available for the National Transit Institute 

18 under section 5315 of title 49, United States Code, and 

19 $7,000,000 is available for university transportation cen20 ters program under section 5506 of title 49, United States 

21 Code: Provided further, That $39,000,000 is available to 

22 carry out national research programs under sections 5312, 

23 5313, 5314, and 5322 of title 49, United States Code. 

24 CAPITAL INVESTMENT GRANTS

25 For necessary expenses to carry out section 5309 of 

26 title 49, United States Code, $1,809,250,000, to remain 
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1 available until expended: Provided, That of the funds 

2 available under this heading, amounts are to be made 

3 available as follows: 

4 AC Transit Bus Rapid Transit Corridor, Cali5 fornia, $3,000,000. 

6 Bellevue-Redmond BRT, Washington, 

7 $20,000,000. 

8 Bus Rapid Transit, Potomac Yard-Crystal City, 

9 City of Alexandria and Arlington County, Virginia, 

10 $1,000,000. 

11 Bus Rapid Transit—State Avenue Corridor, 

12 Wyandotte County, Kansas, $1,500,000. 

13 Central Corridor Light Rail Transit Project, 

14 Minnesota, $20,000,000. 

15 Central Link Initial Segment, Seattle, Wash16 ington, $28,846,735. 

17 Central Phoenix/East Valley Light Rail, Ari18 zona, $91,800,000. 

19 Charlotte Rapid Transit Extension Northeast 

20 Corridor, North Carolina, $18,000,000. 

21 Commuter Rail Improvements, Fitchburg, Mas22 sachusetts, $27,000,000. 

23 CTA Brown Line (Ravenswood), Illinois, 

24 $29,474,404. 

25 CTA Circle Line, Illinois, $8,000,000. 
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1 Dallas Area Rapid Transit Northwest/Southeast 

2 Light Rail MOS, Texas, $87,974,716. 

3 Downtown Orlando East-West Circulator Sys4 tem, Florida, $8,000,000. 

5 Dulles Corridor Rail Project, Virginia, 

6 $30,000,000. 

7 Honolulu High-Capacity Transit Corridor 

8 Project, Hawaii, $20,000,000. 

9 Houston METRO—Advanced Transit Program/ 

10 METRO Solutions Phase 2, Texas, $10,000,000. 

11 Hudson-Bergen Light Rail MOS2, New Jersey, 

12 $1,103,860. 

13 I–69 HOV/BRT, Mississippi, $7,650,000. 

14 Improvements to the Rosslyn Metro Station, 

15 Virginia, $2,000,000. 

16 Largo Metrorail Extension, Washington, DC, 

17 $34,700,000. 

18 Livermore-Amador Bus Rapid Transit, Cali19 fornia, $7,990,000. 

20 Long Island Rail Road East Side Access, New 

21 York, $197,370,000. 

22 Los Angeles Metro Gold Line Eastside Exten23 sion, California, $74,600,000. 

24 Los Angeles Metro Rapid Bus System Gap Clo25 sure, California, $332,620. 
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1 Los Angeles Wilshire Boulevard Bus-Only 

2 Lane, California, $10,952,330. 

3 MARC Commuter Rail Improvements and Roll4 ing Stock, Maryland, $15,000,000. 

5 Mason Street Corridor Bus Rapid Transit, Col6 orado, $11,182,000. 

7 METRA, Illinois, $6,607,000. 

8 Miami-Dade County Metrorail Orange Line Ex9 pansion, Florida, $20,000,000. 

10 Mid Jordan Light Rail Extension, Utah, 

11 $10,000,000. 

12 Mountain Links BRT, Arizona, $6,238,000. 

13 Norfolk Light Rail Project, Virginia, 

14 $57,055,734. 

15 North Shore LRT Corridor, Pennsylvania, 

16 $670,885. 

17 Northstar Corridor Rail Project, Minnesota, 

18 $71,166,060. 

19 Pacific Highway South BRT, Washington, 

20 $281,520. 

21 Perris Valley Line Metrolink Extension, Cali22 fornia, $50,000,000. 

23 Pioneer Parkway EmX BRT, Springfield, Or24 egon, $296,000. 

25 Portland Streetcar Loop, Oregon, $50,000,000. 
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1 San Diego Mid-City Rapid, California, 

2 $21,650,000. 

3 San Francisco Third Street Light Rail Transit 

4 Project-Central Subway, California, $8,000,000. 

5 Second Avenue Subway—Phase I, New York, 

6 $249,927,000. 

7 South Corridor I225/Portland Mall Light Rail 

8 Project, Oregon, $81,600,000. 

9 South County Commuter Rail, Wickford Junc10 tion Station, Rhode Island, $1,345,500. 

11 South Sacramento Corridor Phase 2 Project, 

12 California, $7,000,000. 

13 Southeast Corridor LRT, Colorado, $1,031,210. 

14 Stamford Urban Transitway, Connecticut, 

15 $5,000,000. 

16 Trans-Hudson Midtown Corridor, New Jersey, 

17 $75,000,000. 

18 Troost Corridor BRT, Kansas City, Missouri, 

19 $125,200. 

20 University Link LRT Extension, Washington, 

21 $100,000,000. 

22 VRE Rolling Stock, Virginia, $5,000,000. 

23 Weber County to Salt Lake City Commuter 

24 Rail, Utah, $81,600,000. 
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1 West Corridor Light Rail, Colorado, 

2 $70,000,000. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

4 ADMINISTRATION

5 SEC. 160. The limitations on obligations for the pro6 grams of the Federal Transit Administration shall not 

7 apply to any authority under 49 U.S.C. 5338, previously 

8 made available for obligation, or to any other authority 

9 previously made available for obligation. 

10 SEC. 161. Notwithstanding any other provision of 

11 law, funds made available by this Act under ‘‘Federal 

12 Transit Administration, Capital investment grants’’ and 

13 bus and bus facilities under ‘‘Federal Transit Administra14 tion, Formula and bus grants’’ for projects specified in 

15 this Act or identified in reports accompanying this Act not 

16 obligated by September 30, 2011, and other recoveries, 

17 shall be made available for other projects under 49 U.S.C. 

18 5309. 

19 SEC. 162. Notwithstanding any other provision of 

20 law, any funds appropriated before October 1, 2008, under 

21 any section of chapter 53 of title 49, United States Code, 

22 that remain available for expenditure, may be transferred 

23 to and administered under the most recent appropriation 

24 heading for any such section. 

25 SEC. 163. Notwithstanding any other provision of 

26 law, unobligated funds made available for a new fixed 
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1 guideway systems projects under the heading ‘‘Federal 

2 Transit Administration, Capital investment grants’’ in any 

3 appropriations Act prior to this Act may be used during 

4 this fiscal year to satisfy expenses incurred for such 

5 projects. 

6 SEC. 164. Notwithstanding any other provision of 

7 law, in regard to the Central Link Initial Segment Project, 

8 to the extent that Federal funds remain available within 

9 the current budget for the project, the Secretary shall, im10 mediately upon the date of enactment of this Act, amend 

11 the Full Funding Grant Agreement for said project to 

12 allow remaining Federal funds to be used to support com13 pletion of the Airport Link extension of said project. 

14 SEC. 165. None of the funds provided or limited 

15 under this Act may be used to issue a final regulation 

16 under section 5309 of title 49, United States Code, except 

17 that the Federal Transit Administration may continue to 

18 review comments received on the proposed rule (Docket 

19 No. FTA–2006–25737). 

20 SEC. 166. Of the balances available for this fiscal 

21 year to carry out 49 U.S.C. 5309(b) left to the discretion 

22 of the Secretary of Transportation, $100,000,000 are per23 manently rescinded. 

24 SEC. 167. Funds made available for Alaska or Hawaii 

25 ferry boats or ferry terminal facilities pursuant to 49 
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1 U.S.C. 5309(m)(2)(B) may be used to construct new ves2 sels and facilities, or to improve existing vessels and facili3 ties, including both the passenger and vehicle-related ele4 ments of such vessels and facilities, and for repair facili5 ties: Provided, That not more than $4,000,000 of the 

6 funds made available pursuant to 49 U.S.C. 

7 5309(m)(2)(B) may be used by the City and County of 

8 Honolulu to operate a passenger ferry boat service dem9 onstration project to test the viability of different intra10 island ferry boat routes and technologies. 

11 SEC. 168. Notwithstanding any other provision of 

12 law, the Secretary of Transportation shall not reallocate 

13 any funding made available for the following projects 

14 through previous appropriations Acts for the Department 

15 of Transportation: 

16 Baltimore Red Line and Green Line, Maryland. 

17 Kenosha-Racine-Milwaukee rail extension 

18 project, Wisconsin. 

19 Rhode Island Integrated Rail Project, Rhode Is20 land. 

21 Schuylkill Valley Metro Project, Pennsylvania. 

22 Dulles Corridor Rapid Transit, Virginia. 

23 Billings public bus and medical transfer facility, 

24 Montana. 

25 Brattleboro Multimodal, Vermont. 
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1 Burlington Transit Facilities, Vermont. 

2 Champaign Day Care Center/Park-n-Ride, Illi3 nois. 

4 City of Chicago, Free Trolley System, Illinois. 

5 City of Moultrie Intermodal Facility, Georgia. 

6 Illinois Statewide buses and facilities, Illinois. 

7 Renaissance Square, New York. 

8 Rochester Central Bus Terminal, New York. 

9 Rochester Renaissance Square Transit Center, 

10 New York. 

11 Rochester Renaissance Square Intermodal Fa12 cility, Design and Construction, New York. 

13 Springfield Union Station, Massachusetts. 

14 SEC. 169. Notwithstanding any other provision of 

15 law, the $2,695,000 appropriated for the Charlotte Rapid 

16 Transit Extension—Northeast Corridor Light Rail 

17 Project, North Carolina under the Alternatives Analysis 

18 Account in division K of the Consolidated Appropriations 

19 Act, 2008 (Public Law 110–161) shall be used for the 

20 Charlotte Rapid Transit Extension—Northeast Corridor 

21 to carry out new fixed guideway or extension to existing 

22 fixed guideway activities described in section 5309 of title 

23 49, United States Code. 
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1 SAINT LAWRENCE SEAWAY DEVELOPMENT

2 CORPORATION

3 The Saint Lawrence Seaway Development Corpora4 tion is hereby authorized to make such expenditures, with5 in the limits of funds and borrowing authority available 

6 to the Corporation, and in accord with law, and to make 

7 such contracts and commitments without regard to fiscal 

8 year limitations as provided by section 104 of the Govern9 ment Corporation Control Act, as amended, as may be 

10 necessary in carrying out the programs set forth in the 

11 Corporation’s budget for the current fiscal year. 

12 OPERATIONS AND MAINTENANCE

13 (HARBOR MAINTENANCE TRUST FUND)

14 For necessary expenses for operations, maintenance, 

15 and capital asset renewal of those portions of the Saint 

16 Lawrence Seaway owned, operated, and maintained by the 

17 Saint Lawrence Seaway Development Corporation, 

18 $27,000,000, to be derived from the Harbor Maintenance 

19 Trust Fund, pursuant to Public Law 99–662. 

20 MARITIME ADMINISTRATION

21 MARITIME SECURITY PROGRAM

22 For necessary expenses to maintain and preserve a 

23 U.S.-flag merchant fleet to serve the national security 

24 needs of the United States, $174,000,000, to remain avail25 able until expended. 
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1 OPERATIONS AND TRAINING

2 For necessary expenses of operations and training ac3 tivities authorized by law, $123,560,000, of which 

4 $10,500,000 shall remain available until expended for 

5 maintenance and repair of Schoolships at State Maritime 

6 Schools, and of which $61,358,000 shall be available for 

7 operations of and capital improvements at the United 

8 States Merchant Marine Academy: Provided, That 

9 amounts apportioned for the United States Merchant Ma10 rine Academy shall be available only upon allotments made 

11 personally by the Secretary of Transportation and not a 

12 designee: Provided further, That the Superintendent, Dep13 uty Superintendent and the Chief Financial Officer of the 

14 United States Merchant Marine Academy may not be al15 lotment holders for the United States Merchant Marine 

16 Academy, and the Administrator of Maritime Administra17 tion shall hold all allotments made by the Secretary of 

18 Transportation under the previous proviso: Provided fur19 ther, That 80 percent of the funding made available for 

20 the United States Merchant Marine Academy under this 

21 heading shall be available only after the Secretary, in con22 sultation with the Maritime Administration, completes a 

23 plan detailing by program or activity and by object class 

24 how such funding will be expended at the Academy, and 
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1 this plan is approved by the House and Senate Commit2 tees on Appropriations. 

3 SHIP DISPOSAL

4 For necessary expenses related to the disposal of ob5 solete vessels in the National Defense Reserve Fleet of the 

6 Maritime Administration, $15,000,000, to remain avail7 able until expended. 

8 ASSISTANCE TO SMALL SHIPYARDS

9 To make grants to qualified shipyards as authorized 

10 under section 3506 of Public Law 109–163 or section 

11 54101 of title 46, United States Code, $20,000,000, to 

12 remain available until expended: Provided, That to be con13 sidered for assistance, a qualified shipyard shall submit 

14 an application for assistance no later than 60 days after 

15 enactment of this Act: Provided further, That from appli16 cations submitted under the previous proviso, the Sec17 retary of Transportation shall make grants no later than 

18 120 days after enactment of this Act in such amounts as 

19 the Secretary determines: Provided further, That not to 

20 exceed 2 percent of the funds appropriated under this 

21 heading shall be available for necessary costs of grant ad22 ministration. 
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1 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of guaranteed loans, as authorized, 

5 $13,531,000, of which $10,000,000 shall remain available 

6 until expended: Provided, That such costs, including the 

7 cost of modifying such loans, shall be as defined in section 

8 502 of the Congressional Budget Act of 1974, as amend9 ed: Provided further, That not to exceed $3,531,000 shall 

10 be available for administrative expenses to carry out the 

11 guaranteed loan program, which shall be transferred to 

12 and merged with the appropriation for ‘‘Operations and 

13 Training’’, Maritime Administration. 

14 SHIP CONSTRUCTION

15 (RESCISSION)

16 Of the unobligated balances available under this 

17 heading, $1,381,802 are rescinded. 

18 ADMINISTRATIVE PROVISIONS—MARITIME

19 ADMINISTRATION

20 SEC. 175. Notwithstanding any other provision of 

21 this Act, the Maritime Administration is authorized to fur22 nish utilities and services and make necessary repairs in 

23 connection with any lease, contract, or occupancy involving 

24 Government property under control of the Maritime Ad25 ministration, and payments received therefor shall be cred26 ited to the appropriation charged with the cost thereof: 
68 

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1 Provided, That rental payments under any such lease, con2 tract, or occupancy for items other than such utilities, 

3 services, or repairs shall be covered into the Treasury as 

4 miscellaneous receipts. 

5 SEC. 176. No obligations shall be incurred during the 

6 current fiscal year from the construction fund established 

7 by the Merchant Marine Act, 1936 (46 U.S.C. 53101 note 

8 (cds)), or otherwise, in excess of the appropriations and 

9 limitations contained in this Act or in any prior appropria10 tions Act. 

11 SEC. 177. Section 51509 of title 46, United States 

12 Code, is amended in subsection (b) by deleting ‘‘$4,000’’ 

13 and inserting in lieu thereof ‘‘$8,000’’ and by inserting 

14 ‘‘tuition,’’ after ‘‘uniforms,’’. 

15 PIPELINE AND HAZARDOUS MATERIALS SAFETY

16 ADMINISTRATION

17 OPERATIONS

18 (PIPELINE SAFETY FUND)

19 For necessary operational expenses of the Pipeline 

20 and Hazardous Materials Safety Administration, 

21 $19,130,000, of which $639,000 shall be derived from the 

22 Pipeline Safety Fund: Provided, That $1,000,000 shall be 

23 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 

24 safety information grants to communities’’ as authorized 

25 in section 60130 of title 49, United States Code: Provided 
69 

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1 further, That grants described under the previous proviso 

2 shall be awarded within 120 days of enactment of this Act. 

3 HAZARDOUS MATERIALS SAFETY

4 For expenses necessary to discharge the hazardous 

5 materials safety functions of the Pipeline and Hazardous 

6 Materials Safety Administration, $28,000,000, of which 

7 $1,802,000 shall remain available until September 30, 

8 2011: Provided, That up to $800,000 in fees collected 

9 under 49 U.S.C. 5108(g) shall be deposited in the general 

10 fund of the Treasury as offsetting receipts: Provided fur11 ther, That there may be credited to this appropriation, to 

12 be available until expended, funds received from States, 

13 counties, municipalities, other public authorities, and pri14 vate sources for expenses incurred for training, for reports 

15 publication and dissemination, and for travel expenses in16 curred in performance of hazardous materials exemptions 

17 and approvals functions. 

18 PIPELINE SAFETY

19 (PIPELINE SAFETY FUND)

20 (OIL SPILL LIABILITY TRUST FUND)

21 For expenses necessary to conduct the functions of 

22 the pipeline safety program, for grants-in-aid to carry out 

23 a pipeline safety program, as authorized by 49 U.S.C. 

24 60107, and to discharge the pipeline program responsibil25 ities of the Oil Pollution Act of 1990, $93,291,000, of 

26 which $18,810,000 shall be derived from the Oil Spill Li-
70 

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1 ability Trust Fund and shall remain available until Sep2 tember 30, 2011; and of which $74,481,000 shall be de3 rived from the Pipeline Safety Fund, of which 

4 $40,081,000 shall remain available until September 30, 

5 2011: Provided, That not less than $1,043,000 of the 

6 funds provided under this heading shall be for the one7 call State grant program. 

8 EMERGENCY PREPAREDNESS GRANTS

9 (EMERGENCY PREPAREDNESS FUND)

10 For necessary expenses to carry out 49 U.S.C. 

11 5128(b), $188,000, to be derived from the Emergency 

12 Preparedness Fund, to remain available until September 

13 30, 2010: Provided, That not more than $28,318,000 shall 

14 be made available for obligation in fiscal year 2009 from 

15 amounts made available by 49 U.S.C. 5116(i) and 

16 5128(b)–(c): Provided further, That none of the funds 

17 made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 

18 shall be made available for obligation by individuals other 

19 than the Secretary of Transportation, or her designee. 

20 RESEARCH AND INNOVATIVE TECHNOLOGY

21 ADMINISTRATION

22 RESEARCH AND DEVELOPMENT

23 For necessary expenses of the Research and Innova24 tive Technology Administration, $12,000,000, of which 

25 $6,036,000 shall remain available until September 30, 

26 2011: Provided, That there may be credited to this appro-
71 

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1 priation, to be available until expended, funds received 

2 from States, counties, municipalities, other public authori3 ties, and private sources for expenses incurred for train4 ing. 

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Inspector 

8 General to carry out the provisions of the Inspector Gen9 eral Act of 1978, as amended, $72,200,000: Provided, 

10 That the Inspector General shall have all necessary au11 thority, in carrying out the duties specified in the Inspec12 tor General Act, as amended (5 U.S.C. App. 3), to inves13 tigate allegations of fraud, including false statements to 

14 the government (18 U.S.C. 1001), by any person or entity 

15 that is subject to regulation by the Department: Provided 

16 further, That the funds made available under this heading 

17 shall be used to investigate, pursuant to section 41712 of 

18 title 49, United States Code: (1) unfair or deceptive prac19 tices and unfair methods of competition by domestic and 

20 foreign air carriers and ticket agents; and (2) the compli21 ance of domestic and foreign air carriers with respect to 

22 item (1) of this proviso. 
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1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Surface Transpor4 tation Board, including services authorized by 5 U.S.C. 

5 3109, $26,847,000: Provided, That notwithstanding any 

6 other provision of law, not to exceed $1,250,000 from fees 

7 established by the Chairman of the Surface Transpor8 tation Board shall be credited to this appropriation as off9 setting collections and used for necessary and authorized 

10 expenses under this heading: Provided further, That the 

11 sum herein appropriated from the general fund shall be 

12 reduced on a dollar-for-dollar basis as such offsetting col13 lections are received during fiscal year 2009, to result in 

14 a final appropriation from the general fund estimated at 

15 no more than $25,597,000. 

16 GENERAL PROVISIONS

17 SEC. 180. During the current fiscal year applicable 

18 appropriations to the Department of Transportation shall 

19 be available for maintenance and operation of aircraft; 

20 hire of passenger motor vehicles and aircraft; purchase of 

21 liability insurance for motor vehicles operating in foreign 

22 countries on official department business; and uniforms or 

23 allowances therefor, as authorized by law (5 U.S.C. 5901– 

24 5902). 
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1 SEC. 181. Appropriations contained in this Act for 

2 the Department of Transportation shall be available for 

3 services as authorized by 5 U.S.C. 3109, but at rates for 

4 individuals not to exceed the per diem rate equivalent to 

5 the rate for an Executive Level IV. 

6 SEC. 182. None of the funds in this Act shall be avail7 able for salaries and expenses of more than 110 political 

8 and Presidential appointees in the Department of Trans9 portation: Provided, That none of the personnel covered 

10 by this provision may be assigned on temporary detail out11 side the Department of Transportation. 

12 SEC. 183. None of the funds in this Act shall be used 

13 to implement section 404 of title 23, United States Code. 

14 SEC. 184. (a) No recipient of funds made available 

15 in this Act shall disseminate personal information (as de16 fined in 18 U.S.C. 2725(3)) obtained by a State depart17 ment of motor vehicles in connection with a motor vehicle 

18 record as defined in 18 U.S.C. 2725(1), except as provided 

19 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

20 2721. 

21 (b) Notwithstanding subsection (a), the Secretary 

22 shall not withhold funds provided in this Act for any 

23 grantee if a State is in noncompliance with this provision. 

24 SEC. 185. Funds received by the Federal Highway 

25 Administration, Federal Transit Administration, and Fed-
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1 eral Railroad Administration from States, counties, mu2 nicipalities, other public authorities, and private sources 

3 for expenses incurred for training may be credited respec4 tively to the Federal Highway Administration’s ‘‘Federal5 Aid Highways’’ account, the Federal Transit Administra6 tion’s ‘‘Research and University Research Centers’’ ac7 count, and to the Federal Railroad Administration’s 

8 ‘‘Safety and Operations’’ account, except for State rail 

9 safety inspectors participating in training pursuant to 49 

10 U.S.C. 20105. 

11 SEC. 186. Funds provided or limited in this Act 

12 under the appropriate accounts within the Federal High13 way Administration, the Federal Railroad Administration 

14 and the Federal Transit Administration shall be made 

15 available for the eligible programs, projects and activities 

16 of the corresponding amounts identified in the explanatory 

17 statement accompanying this Act for ‘‘Ferry Boats and 

18 Ferry Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate 

19 Maintenance Discretionary’’, ‘‘Transportation, Commu20 nity and System Preservation Program’’, ‘‘Delta Region 

21 Transportation Development Program’’, ‘‘Rail Line Relo22 cation and Improvement Program’’, ‘‘Rail-highway cross23 ing hazard eliminations’’, ‘‘Alternatives analysis’’, and 

24 ‘‘Bus and bus facilities’’. 
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1 SEC. 187. Notwithstanding any other provisions of 

2 law, rule or regulation, the Secretary of Transportation 

3 is authorized to allow the issuer of any preferred stock 

4 heretofore sold to the Department to redeem or repur5 chase such stock upon the payment to the Department of 

6 an amount determined by the Secretary. 

7 SEC. 188. None of the funds in this Act to the De8 partment of Transportation may be used to make a grant 

9 unless the Secretary of Transportation notifies the House 

10 and Senate Committees on Appropriations not less than 

11 3 full business days before any discretionary grant award, 

12 letter of intent, or full funding grant agreement totaling 

13 $500,000 or more is announced by the department or its 

14 modal administrations from: (1) any discretionary grant 

15 program of the Federal Highway Administration including 

16 the emergency relief program; (2) the airport improvement 

17 program of the Federal Aviation Administration; or (3) 

18 any program of the Federal Transit Administration other 

19 than the formula grants and fixed guideway modernization 

20 programs: Provided, That the Secretary gives concurrent 

21 notification to the House and Senate Committees on Ap22 propriations for any ‘‘quick release’’ of funds from the 

23 emergency relief program: Provided further, That no noti24 fication shall involve funds that are not available for obli25 gation. 
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1 SEC. 189. Rebates, refunds, incentive payments, 

2 minor fees and other funds received by the Department 

3 of Transportation from travel management centers, 

4 charge card programs, the subleasing of building space, 

5 and miscellaneous sources are to be credited to appropria6 tions of the Department of Transportation and allocated 

7 to elements of the Department of Transportation using 

8 fair and equitable criteria and such funds shall be avail9 able until expended. 

10 SEC. 190. Amounts made available in this or any 

11 other Act that the Secretary determines represent im12 proper payments by the Department of Transportation to 

13 a third party contractor under a financial assistance 

14 award, which are recovered pursuant to law, shall be avail15 able— 

16 (1) to reimburse the actual expenses incurred 

17 by the Department of Transportation in recovering 

18 improper payments; and 

19 (2) to pay contractors for services provided in 

20 recovering improper payments or contractor support 

21 in the implementation of the Improper Payments In22 formation Act of 2002: Provided, That amounts in 

23 excess of that required for paragraphs (1) and (2)— 

24 (A) shall be credited to and merged with 

25 the appropriation from which the improper pay-
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1 ments were made, and shall be available for the 

2 purposes and period for which such appropria3 tions are available; or 

4 (B) if no such appropriation remains avail5 able, shall be deposited in the Treasury as mis6 cellaneous receipts: Provided, That prior to the 

7 transfer of any such recovery to an appropria8 tions account, the Secretary shall notify the 

9 House and Senate Committees on Appropria10 tions of the amount and reasons for such trans11 fer: Provided further, That for purposes of this 

12 section, the term ‘‘improper payments’’, has the 

13 same meaning as that provided in section 

14 2(d)(2) of Public Law 107–300. 

15 SEC. 191. Notwithstanding any other provision of 

16 law, if any funds provided in or limited by this Act are 

17 subject to a reprogramming action that requires notice to 

18 be provided to the House and Senate Committees on Ap19 propriations, said reprogramming action shall be approved 

20 or denied solely by the Committees on Appropriations: 

21 Provided, That the Secretary may provide notice to other 

22 congressional committees of the action of the Committees 

23 on Appropriations on such reprogramming but not sooner 

24 than 30 days following the date on which the reprogram-
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1 ming action has been approved or denied by the House 

2 and Senate Committees on Appropriations. 

3 SEC. 192. (a) None of the funds appropriated or oth4 erwise made available under this Act to the Surface Trans5 portation Board of the Department of Transportation may 

6 be used to take any action to allow any activity described 

7 in subsection (b) in a case, matter, or declaratory order 

8 involving a railroad, or an entity claiming or seeking au9 thority to operate as a railroad, unless the Board receives 

10 written assurance from the Governor, or the Governor’s 

11 designee, of the State in which such activity will occur that 

12 such railroad or entity has agreed to comply with State 

13 and local regulations that establish public health, safety, 

14 and environmental standards for the activities described 

15 in subsection (b), other than zoning laws or regulations. 

16 (b) Activities referred to in subsection (a) are activi17 ties that occur at a solid waste rail transfer facility involv18 ing— 

19 (1) the collection, storage, or transfer of solid 

20 waste (as defined in section 1004 of the Solid Waste 

21 Disposal Act (42 U.S.C. 6903)) outside of original 

22 shipping containers; or 

23 (2) the separation or processing of solid waste 

24 (including baling, crushing, compacting, and shred25 ding). 
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1 SEC. 193. None of the funds appropriated or other2 wise made available under this Act may be used by the 

3 Surface Transportation Board of the Department of 

4 Transportation to charge or collect any filing fee for rate 

5 complaints filed with the Board in an amount in excess 

6 of the amount authorized for district court civil suit filing 

7 fees under section 1914 of title 28, United States Code. 

8 SEC. 194. Of the funds made available or limited by 

9 this Act, which are not otherwise allocated under this Act 

10 or under SAFETEA–LU (Public Law 109–59) or nec11 essary to fulfill existing agreements between the Depart12 ment of Transportation and metropolitan areas under the 

13 ‘‘Urban Partnerships’’ and ‘‘Congestion-Reduction Dem14 onstration’’ programs, not more than 10 percent of such 

15 funds for any program that is allocated at the discretion 

16 of the Secretary may be expended in furtherance of the 

17 Department of Transportation’s ‘‘National Strategy to 

18 Reduce Congestion on America’s Transportation Net19 work’’ issued May 2006 by Secretary of Transportation, 

20 the Honorable Norman Mineta; also known as the ‘‘Con21 gestion Initiative’’ or any other new congestion initiative. 

22 SEC. 195. Of the funds available for Ferry Boats and 

23 Ferry Terminal Facilities, $1,000,000 shall be for Mis24 souri River, Route 240, Saline and Howard Counties for 
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1 alternative transportation (including ferryboat service) 

2 during bridge replacement. 

3 SEC. 196. Notwithstanding any other provision of 

4 law, the State of New Mexico may use funds apportioned 

5 to the State under section 104(b)(2) of title 23, United 

6 States Code, for the congestion mitigation and air quality 

7 improvement program under section 149 of title 23, 

8 United States Code, to support the operation of commuter 

9 rail service between Belen and Bernalillo, New Mexico. 

10 SEC. 197. Notwithstanding any other provision of 

11 law, funds made available in fiscal years 2006 through 

12 2009 for item number 598 in section 3044(a) of Public 

13 Law 109–59 that are unobligated or unexpended in a 

14 grant shall be made available to OATS, Incorporated for 

15 buses and bus-related facilities. 

16 SEC. 198. Notwithstanding any other provision of 

17 law, funds made available in fiscal years 2006 through 

18 2009 for item number 1152 in section 1702 of Public Law 

19 109–59 that are unobligated or unexpended shall be made 

20 available for maintenance, repair and reconstruction of the 

21 Tucker Bridge in the City of St. Louis, Missouri. 

22 SEC. 199. The Department of Transportation, includ23 ing the Federal Highway Administration and National 

24 Highway Traffic Safety Administration, shall conduct a 

25 study of the fuel consumption savings and safety ramifica-
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1 tions generated by the expanded use of Neighborhood 

2 Electric Vehicles, as defined by Federal Motor Vehicle 

3 Safety Standard No. 500 (49 CFR 571.500), on roadways 

4 with a maximum speed limit of 40 miles per hour. 

5 TITLE II 

6 DEPARTMENT OF HOUSING AND URBAN 

7 DEVELOPMENT 

8 EXECUTIVE DIRECTION

9 For necessary salaries and expenses for Executive Di10 rection, $24,791,000, of which not to exceed $4,047,480 

11 shall be available for the immediate Office of the Secretary 

12 and Deputy Secretary; not to exceed $1,681,140 shall be 

13 available for the Office of Hearings and Appeals; not to 

14 exceed $567,240 shall be available for the Office of Small 

15 and Disadvantaged Business Utilization, not to exceed 

16 $750,360 shall be available for the immediate Office of 

17 the Chief Financial Officer; not to exceed $1,580,000 shall 

18 be available for the immediate Office of the General Coun19 sel; not to exceed $2,828,630 shall be available to the Of20 fice of the Assistant Secretary for Congressional and 

21 Intergovernmental Relations; not to exceed $2,694,500 

22 shall be for the Office of the Assistant Secretary for Public 

23 Affairs; not to exceed $1,047,000 shall be available for 

24 the Office of the Assistant Secretary for Administration; 

25 not to exceed $1,669,430 shall be available to the Office 
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1 of the Assistant Secretary for Public and Indian Housing; 

2 not to exceed $1,778,650 shall be available to the Office 

3 of the Assistant Secretary for Community Planning and 

4 Development; not to exceed $3,936,000 shall be available 

5 to the Office of the Assistant Secretary for Housing, Fed6 eral Housing Commissioner; not to exceed $1,490,850 

7 shall be available to the Office of the Assistant Secretary 

8 for Policy Development and Research; and not to exceed 

9 $719,820 shall be available to the Office of the Assistant 

10 Secretary for Fair Housing and Equal Opportunity: Pro11 vided, That the Secretary of the Department of Housing 

12 and Urban Development is authorized to transfer funds 

13 appropriated for any office funded under this heading to 

14 any other office funded under this heading following the 

15 written notification to the House and Senate Committees 

16 on Appropriations: Provided further, That no appropria17 tion for any office shall be increased or decreased by more 

18 than 5 percent by all such transfers: Provided further, 

19 That notice of any change in funding greater than 5 per20 cent shall be submitted for prior approval to the House 

21 and Senate Committees on Appropriations: Provided fur22 ther, That the Secretary shall provide the Committees on 

23 Appropriations quarterly written notification regarding 

24 the status of pending congressional reports: Provided fur25 ther, That not to exceed $25,000 of the amount made 
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1 available under this paragraph for the immediate Office 

2 of the Secretary shall be available for official reception and 

3 representation expenses as the Secretary may determine. 

4 ADMINISTRATION, OPERATIONS AND MANAGEMENT

5 For necessary salaries and expenses for administra6 tion, operations and management for the Department of 

7 Housing and Urban Development, $527,433,640, of which 

8 not to exceed $75,510,000 shall be available for the per9 sonnel compensation and benefits of the Office of Adminis10 tration; not to exceed $11,003,940 shall be available for 

11 the personnel compensation and benefits of the Office of 

12 Departmental Operations and Coordination; not to exceed 

13 $48,817,430 shall be available for the personnel com14 pensation and benefits of the Office of Field Policy and 

15 Management; not to exceed $13,438,200 shall be available 

16 for the personnel compensation and benefits of the Office 

17 of the Chief Procurement Officer; not to exceed 

18 $34,028,820 shall be available for the personnel com19 pensation and benefits of the Office of the Chief Financial 

20 Officer; not to exceed $84,837,460 shall be available for 

21 the personnel compensation and benefits of the Office of 

22 the General Counsel; not to exceed $3,085,120 shall be 

23 available for the personnel compensation and benefits of 

24 the Office of Departmental Equal Employment Oppor25 tunity; not to exceed $1,215,280 shall be available for the 
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1 personnel compensation and benefits for the Center for 

2 Faith-Based and Community Initiatives; and not to exceed 

3 $255,497,390 shall be available for non-personnel ex4 penses of the Department of Housing and Urban Develop5 ment: Provided, That, funds provided under this heading 

6 may be used for necessary administrative and non-admin7 istrative expenses of the Department of Housing and 

8 Urban Development, not otherwise provided for, including 

9 purchase of uniforms, or allowances therefor, as author10 ized by 5 U.S.C. 5901–5902; hire of passenger motor vehi11 cles; services as authorized by 5 U.S.C. 3109: Provided 

12 further, That notwithstanding any other provision of law, 

13 funds appropriated under this heading may be used for 

14 advertising and promotional activities that support the 

15 housing mission area: Provided further, That the Secretary 

16 of Housing and Urban Development is authorized to 

17 transfer funds appropriated for any office included in Ad18 ministration, Operations and Management to any other of19 fice included in Administration, Operations and Manage20 ment only after such transfer has been submitted to, and 

21 received prior written approval by, the House and Senate 

22 Committees on Appropriations: Provided further, That no 

23 appropriation for any office shall be increased or de24 creased by more than 10 percent by all such transfers un-
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1 less written notification to the House and Senate Commit2 tees on Appropriations is provided in advance. 

3 PERSONNEL COMPENSATION AND BENEFITS

4 PUBLIC AND INDIAN HOUSING

5 For necessary personnel compensation and benefits 

6 expenses of the Office of Public and Indian Housing, 

7 $190,390,100. 

8 COMMUNITY PLANNING AND DEVELOPMENT

9 For necessary personnel compensation and benefits 

10 expenses of the Office of Community Planning and Devel11 opment mission area, $94,233,700. 

12 HOUSING

13 For necessary personnel compensation and benefits 

14 expenses of the Office of Housing, $363,198,000. 

15 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

16 ASSOCIATION

17 For necessary personnel compensation and benefits 

18 expenses of the Office of the Government National Mort19 gage Association, $10,000,000. 

20 POLICY DEVELOPMENT AND RESEARCH

21 For necessary personnel compensation and benefits 

22 expenses of the Office of Policy Development and Re23 search, $18,070,850. 
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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 For necessary personnel compensation and benefits 

3 expenses of the Office of Fair Housing and Equal Oppor4 tunity, $69,020,990. 

5 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

6 CONTROL

7 For necessary personnel compensation and benefits 

8 expenses of the Office of Healthy Homes and Lead Haz9 ard Control, $6,727,950. 

10 PUBLIC AND INDIAN HOUSING

11 TENANT-BASED RENTAL ASSISTANCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For activities and assistance for the provision of ten14 ant-based rental assistance authorized under the United 

15 States Housing Act of 1937, as amended (42 U.S.C. 1437 

16 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

17 $16,703,000,000, to remain available until expended, of 

18 which $12,503,000,000 shall be available on October 1, 

19 2008, and $4,200,000,000 shall be available on October 

20 1, 2009: Provided, That the amounts made available under 

21 this heading are provided as follows: 

22 (1) $14,827,000,000 shall be available for re23 newals of expiring section 8 tenant-based annual 

24 contributions contracts (including renewals of en25 hanced vouchers under any provision of law author26 izing such assistance under section 8(t) of the Act): 
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1 Provided, That notwithstanding any other provision 

2 of law, from amounts provided under this paragraph 

3 and any carryover, the Secretary for the calendar 

4 year 2009 funding cycle shall provide renewal fund5 ing for each public housing agency based on voucher 

6 management system (VMS) leasing and cost data 

7 for the most recent Federal fiscal year and by apply8 ing the 2009 Annual Adjustment Factor as estab9 lished by the Secretary, and by making any nec10 essary adjustments for the costs associated with de11 posits to family self-sufficiency program escrow ac12 counts or first-time renewals: Provided further, That 

13 none of the funds provided under this paragraph 

14 may be used to support a total number of unit 

15 months under lease which exceeds a public housing 

16 agency’s authorized level of units under contract: 

17 Provided further, That the Secretary shall, to the ex18 tent necessary to stay within the amount specified 

19 under this paragraph (except as otherwise modified 

20 under this Act), pro rate each public housing agen21 cy’s allocation otherwise established pursuant to this 

22 paragraph: Provided further, That except as provided 

23 in the last two provisos, the entire amount specified 

24 under this paragraph (except as otherwise modified 

25 under this Act) shall be obligated to the public hous-
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1 ing agencies based on the allocation and pro rata 

2 method described above and the Secretary shall no3 tify public housing agencies of their annual budget 

4 not later than 60 days after enactment of this Act: 

5 Provided further, That public housing agencies par6 ticipating in the Moving to Work demonstration 

7 shall be funded pursuant to their Moving to Work 

8 agreements and shall be subject to the same pro 

9 rata adjustments under the previous provisos: Pro10 vided further, That up to $100,000,000 shall be 

11 available only: (1) to adjust the allocations for public 

12 housing agencies, after application for an adjust13 ment by a public housing agency that experienced a 

14 significant increase, as determined by the Secretary, 

15 in renewal costs of tenant-based rental assistance re16 sulting from unforeseen circumstances or from port17 ability under section 8(r) of the Act; (2) for adjust18 ments for public housing agencies with voucher leas19 ing rates at the end of the calendar year that exceed 

20 the average leasing for the 12-month period used to 

21 establish the allocation; and (3) for vouchers that 

22 were not in use during the 12-month period in order 

23 to be available to meet a commitment pursuant to 

24 section 8(o)(13) of the Act. 
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1 (2) $200,000,000 for section 8 rental assistance 

2 for relocation and replacement of housing units that 

3 are demolished or disposed of pursuant to the Omni4 bus Consolidated Rescissions and Appropriations Act 

5 of 1996 (Public Law 104–134), conversion of section 

6 23 projects to assistance under section 8, the family 

7 unification program under section 8(x) of the Act, 

8 relocation of witnesses in connection with efforts to 

9 combat crime in public and assisted housing pursu10 ant to a request from a law enforcement or prosecu11 tion agency, enhanced vouchers under any provision 

12 of law authorizing such assistance under section 8(t) 

13 of the Act, HOPE VI vouchers, mandatory and vol14 untary conversions, and tenant protection assistance 

15 including replacement and relocation assistance or 

16 for project based assistance to prevent the displace17 ment of unassisted elderly tenants currently residing 

18 in section 202 properties financed between 1959 and 

19 1974 that are refinanced pursuant to Public Law 

20 106–569, as amended or under the authority as pro21 vided under this Act: Provided, That the Secretary 

22 shall provide replacement vouchers for all units that 

23 were occupied within the previous 24 months that 

24 cease to be available as assisted housing, subject 

25 only to the availability of funds. 
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1 (3) up to $7,929,000 may be transferred to the 

2 Working Capital Fund for systems development for 

3 the Tenant-Based Rental Assistance Program fund4 ed under this heading: Provided, That funding pro5 vided under this section shall not be made available 

6 until the voucher management system leasing and 

7 cost data is made available to the public on the De8 partment of Housing and Urban Development 

9 website. 

10 (4) $1,500,000,000 for administrative and 

11 other expenses of public housing agencies in admin12 istering the section 8 tenant-based rental assistance 

13 program and which up to $50,000,000 shall be 

14 available to the Secretary to allocate to public hous15 ing agencies that need additional funds to admin16 ister their section 8 programs, including fees associ17 ated with section 8 tenant protection rental assist18 ance, the administration of the disaster related 

19 vouchers, Veterans Affairs Supportive Housing 

20 vouchers, and other incremental vouchers: Provided, 

21 That no less than $1,400,000,000 of the amount 

22 provided in this paragraph shall be allocated to pub23 lic housing agencies for the calendar year 2009 

24 funding cycle based on section 8(q) of the Act (and 

25 related Appropriation Act provisions) as in effect im-
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1 mediately before the enactment of the Quality Hous2 ing and Work Responsibility Act of 1998 (Public 

3 Law 105–276): Provided further, That if the 

4 amounts made available under this paragraph are 

5 insufficient to pay the amounts determined under 

6 the previous proviso, the Secretary may decrease the 

7 amounts allocated to agencies by a uniform percent8 age applicable to all agencies receiving funding 

9 under this paragraph or may, to the extent nec10 essary to provide full payment of amounts deter11 mined under the previous proviso, utilize unobligated 

12 balances, including recaptures and carryovers, re13 maining from funds appropriated to the Department 

14 of Housing and Urban Development under this 

15 heading, the heading ‘‘Annual Contributions for As16 sisted Housing’’, and the heading ‘‘Housing Certifi17 cate Fund’’, for fiscal year 2008 and prior fiscal 

18 years, notwithstanding the purposes for which such 

19 amounts were appropriated: Provided further, That 

20 amounts provided under this paragraph shall be only 

21 for activities related to the provision of tenant-based 

22 rental assistance authorized under section 8, includ23 ing related development activities: Provided further, 

24 That of the total amount provided under this para25 graph, $50,000,000 shall be made available for fam-
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1 ily self-sufficiency coordinators under section 23 of 

2 the Act. 

3 (5) $20,000,000 for incremental voucher assist4 ance through the Family Unification Program: Pro5 vided, That the assistance made available under this 

6 paragraph shall continue to remain available for 

7 family unification upon turnover: Provided further, 

8 That the Secretary of Housing and Urban Develop9 ment shall make such funding available, notwith10 standing section 204 (competition provision) of this 

11 title, to entities with demonstrated experience and 

12 resources for supportive services. 

13 (6) $75,000,000 for incremental rental voucher 

14 assistance for use through a supported housing pro15 gram administered in conjunction with the Depart16 ment of Veterans Affairs as authorized under section 

17 8(o)(19) of the United States Housing Act of 1937: 

18 Provided, That the Secretary of Housing and Urban 

19 Development shall make such funding available, not20 withstanding section 204 (competition provision) of 

21 this title, to public housing agencies that partner 

22 with eligible VA Medical Centers or other entities as 

23 designated by the Secretary of the Department of 

24 Veterans Affairs, based on geographical need for 

25 such assistance as identified by the Secretary of the 
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1 Department of Veterans Affairs, public housing 

2 agency administrative performance, and other fac3 tors as specified by the Secretary of Housing and 

4 Urban Development in consultation with the Sec5 retary of the Department of Veterans Affairs: Pro6 vided further, That the Secretary of Housing and 

7 Urban Development may waive, or specify alter8 native requirements for (in consultation with the 

9 Secretary of the Department of Veterans Affairs), 

10 any provision of any statute or regulation that the 

11 Secretary of Housing and Urban Development ad12 ministers in connection with the use of funds made 

13 available under this paragraph (except for require14 ments related to fair housing, nondiscrimination, 

15 labor standards, and the environment), upon a find16 ing by the Secretary that any such waivers or alter17 native requirements are necessary for the effective 

18 delivery and administration of such voucher assist19 ance: Provided further, That assistance made avail20 able under this paragraph shall continue to remain 

21 available for homeless veterans upon turn-over. 

22 (7) $39,000,000 for Housing Assistance Pay23 ments to prevent the involuntary displacement of 

24 low-income elderly and disabled families (for dis25 abled families, this applies to any disabled member 
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1 of the family) displaced by Hurricanes Katrina and 

2 Rita after the Disaster Housing Assistance Program 

3 (DHAP) ends. 

4 PROJECT-BASED RENTAL ASSISTANCE

5 (INCLUDING TRANSFER OF FUNDS)

6 For activities and assistance for the provision of 

7 project-based subsidy contracts under the United States 

8 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

9 Act’’), not otherwise provided for, $6,700,000,000, to re10 main available until expended, shall be available on Octo11 ber 1, 2008, and $1,750,200,000, to remain available until 

12 expended, shall be available on October 1, 2009: Provided, 

13 That the amounts made available under this heading are 

14 provided as follows: 

15 (1) $8,208,200,000 shall be available for expir16 ing or terminating section 8 project-based subsidy 

17 contracts (including section 8 moderate rehabilita18 tion contracts), for amendments to section 8 project19 based subsidy contracts (including section 8 mod20 erate rehabilitation contracts), for contracts entered 

21 into pursuant to section 441 of the McKinney-Vento 

22 Homeless Assistance Act (42 U.S.C. 11401), for re23 newal of section 8 contracts for units in projects 

24 that are subject to approved plans of action under 

25 the Emergency Low Income Housing Preservation 

26 Act of 1987 or the Low-Income Housing Preserva-
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1 tion and Resident Homeownership Act of 1990, and 

2 for administrative and other expenses associated 

3 with project-based activities and assistance funded 

4 under this paragraph. 

5 (2) Up to $232,000,000 shall be available for 

6 performance-based contract administrators for sec7 tion 8 project-based assistance: Provided, That the 

8 Secretary of Housing and Urban Development may 

9 also use such amounts for performance-based con10 tract administrators for the administration of: inter11 est reduction payments pursuant to section 236(a) 

12 of the National Housing Act (12 U.S.C. 1715z– 

13 1(a)); rent supplement payments pursuant to section 

14 101 of the Housing and Urban Development Act of 

15 1965 (12 U.S.C. 1701s); section 236(f)(2) rental as16 sistance payments (12 U.S.C. 1715z–1(f)(2)); 

17 project rental assistance contracts for the elderly 

18 under section 202(c)(2) of the Housing Act of 1959 

19 (12 U.S.C. 1701q); project rental assistance con20 tracts for supportive housing for persons with dis21 abilities under section 811(d)(2) of the Cranston22 Gonzalez National Affordable Housing Act (42 

23 U.S.C. 8013(d)(2)); project assistance contracts pur24 suant to section 202(h) of the Housing Act of 1959 

25 (Public Law 86–372; 73 Stat. 667); and loans under 
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1 section 202 of the Housing Act of 1959 (Public Law 

2 86–372; 73 Stat. 667). 

3 (3) Up to $10,000,000 may be transferred to 

4 the Working Capital Fund and shall be used for the 

5 development and maintenance of support systems 

6 needed to adequately administer and monitor the 

7 project-based section 8 program. 

8 (4) Amounts recaptured under this heading, the 

9 heading ‘‘Annual Contributions for Assisted Hous10 ing’’, or the heading ‘‘Housing Certificate Fund’’ 

11 may be used for renewals of or amendments to sec12 tion 8 project-based contracts or for performance13 based contract administrators, notwithstanding the 

14 purposes for which such amounts were appropriated. 

15 PUBLIC HOUSING CAPITAL FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Public Housing Capital Fund Program to 

18 carry out capital and management activities for public 

19 housing agencies, as authorized under section 9 of the 

20 United States Housing Act of 1937 (42 U.S.C. 1437g) 

21 (the ‘‘Act’’) $2,444,000,000, to remain available until 

22 September 30, 2012: Provided, That notwithstanding any 

23 other provision of law or regulation, during fiscal year 

24 2009 the Secretary of Housing and Urban Development 

25 may not delegate to any Department official other than 

26 the Deputy Secretary and the Assistant Secretary for 
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1 Public and Indian Housing any authority under paragraph 

2 (2) of section 9(j) regarding the extension of the time peri3 ods under such section: Provided further, That for pur4 poses of such section 9(j), the term ‘‘obligate’’ means, with 

5 respect to amounts, that the amounts are subject to a 

6 binding agreement that will result in outlays, immediately 

7 or in the future: Provided further, That of the total 

8 amount provided under this heading, up to $12,000,000 

9 shall be for carrying out activities under section 9(h) of 

10 such Act; up to $14,577,000 may be transferred to the 

11 Working Capital Fund; and up to $15,345,000 shall be 

12 to support the ongoing Public Housing Financial and 

13 Physical Assessment activities of the Real Estate Assess14 ment Center (REAC): Provided further, That no funds 

15 may be used under this heading for the purposes specified 

16 in section 9(k) of the Act: Provided further, That of the 

17 total amount provided under this heading, not to exceed 

18 $20,000,000 shall be available for the Secretary to make 

19 grants, notwithstanding section 204 of this Act, to public 

20 housing agencies for emergency capital needs including 

21 safety and security measures necessary to address crime 

22 and drug-related criminal activity as well as needs result23 ing from unforeseen or unpreventable emergencies and 

24 natural disasters occurring in fiscal year 2009: Provided 

25 further, That of the total amount provided under this 
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1 heading, $40,000,000 shall be for supportive services, 

2 service coordinators and congregate services as authorized 

3 by section 34 of the Act (42 U.S.C. 1437z–6) and the 

4 Native American Housing Assistance and Self-Determina5 tion Act of 1996 (25 U.S.C. 4101 et seq.): Provided fur6 ther, That of the total amount provided under this heading 

7 up to $8,820,000 is to support the costs of administrative 

8 and judicial receiverships. 

9 PUBLIC HOUSING OPERATING FUND

10 For 2009 payments to public housing agencies for the 

11 operation and management of public housing, as author12 ized by section 9(e) of the United States Housing Act of 

13 1937 (42 U.S.C. 1437g(e)), $4,400,000,000; of which 

14 $5,940,000 shall be for competitive grants and contracts 

15 to third parties for the provision of technical assistance 

16 to public housing agencies related to the transition and 

17 implementation of asset-based management in public 

18 housing: Provided, That, in fiscal year 2009 and all fiscal 

19 years hereafter, no amounts under this heading in any ap20 propriations Act may be used for payments to public hous21 ing agencies for the costs of operation and management 

22 of public housing for any year prior to the current year 

23 of such Act: Provided further, That no funds may be used 

24 under this heading for the purposes specified in section 

25 9(k) of the United States Housing Act of 1937. 
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1 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

2 HOUSING (HOPE VI)

3 For grants to public housing agencies for demolition, 

4 site revitalization, replacement housing, and tenant-based 

5 assistance grants to projects as authorized by section 24 

6 of the United States Housing Act of 1937 (42 U.S.C. 

7 1437v), $100,000,000, to remain available until Sep8 tember 30, 2009, of which the Secretary of Housing and 

9 Urban Development shall use $2,400,000 for technical as10 sistance and contract expertise, to be provided directly or 

11 indirectly by grants, contracts or cooperative agreements, 

12 including training and cost of necessary travel for partici13 pants in such training, by or to officials and employees 

14 of the department and of public housing agencies and to 

15 residents: Provided, That none of such funds shall be used 

16 directly or indirectly by granting competitive advantage in 

17 awards to settle litigation or pay judgments, unless ex18 pressly permitted herein. 

19 NATIVE AMERICAN HOUSING BLOCK GRANTS

20 For the Native American Housing Block Grants pro21 gram, as authorized under title I of the Native American 

22 Housing Assistance and Self-Determination Act of 1996 

23 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 

24 remain available until expended: Provided, That, notwith25 standing the Native American Housing Assistance and 

26 Self-Determination Act of 1996, to determine the amount 
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1 of the allocation under title I of such Act for each Indian 

2 tribe, the Secretary shall apply the formula under section 

3 302 of such Act with the need component based on single4 race Census data and with the need component based on 

5 multi-race Census data, and the amount of the allocation 

6 for each Indian tribe shall be the greater of the two result7 ing allocation amounts: Provided further, That of the 

8 amounts made available under this heading, $4,000,000 

9 shall be contracted for assistance for a national organiza10 tion representing Native American Housing interests for 

11 providing training and technical assistance to Indian 

12 Housing authorities and tribally designated housing enti13 ties as authorized under NAHASDA; and $4,250,000 

14 shall be to support the inspection of Indian housing units, 

15 contract expertise, training, and technical assistance in 

16 the training, oversight, and management of such Indian 

17 housing and tenant-based assistance, including up to 

18 $300,000 for related travel: Provided further, That of the 

19 amount provided under this heading, $2,000,000 shall be 

20 made available for the cost of guaranteed notes and other 

21 obligations, as authorized by title VI of NAHASDA: Pro22 vided further, That such costs, including the costs of modi23 fying such notes and other obligations, shall be as defined 

24 in section 502 of the Congressional Budget Act of 1974, 

25 as amended: Provided further, That these funds are avail-
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1 able to subsidize the total principal amount of any notes 

2 and other obligations, any part of which is to be guaran3 teed, not to exceed $17,000,000. 

4 NATIVE HAWAIIAN HOUSING BLOCK GRANT

5 For the Native Hawaiian Housing Block Grant pro6 gram, as authorized under title VIII of the Native Amer7 ican Housing Assistance and Self-Determination Act of 

8 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain 

9 available until expended: Provided, That of this amount, 

10 $299,211 shall be for training and technical assistance ac11 tivities, including up to $100,000 for related travel by Ha12 waii-based HUD employees. 

13 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

14 ACCOUNT

15 For the cost of guaranteed loans, as authorized by 

16 section 184 of the Housing and Community Development 

17 Act of 1992 (12 U.S.C. 1715z–13a), $9,000,000, to re18 main available until expended: Provided, That such costs, 

19 including the costs of modifying such loans, shall be as 

20 defined in section 502 of the Congressional Budget Act 

21 of 1974: Provided further, That these funds are available 

22 to subsidize total loan principal, any part of which is to 

23 be guaranteed, up to $420,000,000: Provided further, 

24 That up to $750,000 shall be for administrative contract 

25 expenses including management processes and systems to 

26 carry out the loan guarantee program. 
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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184A of the Housing and Community Develop5 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,044,000, to 

6 remain available until expended: Provided, That such 

7 costs, including the costs of modifying such loans, shall 

8 be as defined in section 502 of the Congressional Budget 

9 Act of 1974: Provided further, That these funds are avail10 able to subsidize total loan principal, any part of which 

11 is to be guaranteed, not to exceed $41,504,255. 

12 COMMUNITY PLANNING AND DEVELOPMENT

13 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

14 (INCLUDING TRANSFER OF FUNDS)

15 For carrying out the Housing Opportunities for Per16 sons with AIDS program, as authorized by the AIDS 

17 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

18 $315,100,000, to remain available until September 30, 

19 2010, except that amounts allocated pursuant to section 

20 854(c)(3) of such Act shall remain available until Sep21 tember 30, 2011: Provided, That the Secretary shall renew 

22 all expiring contracts for permanent supportive housing 

23 that were funded under section 854(c)(3) of such Act that 

24 meet all program requirements before awarding funds for 

25 new contracts and activities authorized under this section: 

26 Provided further, That the Secretary may use not to ex-
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1 ceed $1,485,000 of the funds under this heading for train2 ing, oversight, and technical assistance activities: Provided 

3 further, That of the total amount made available under 

4 this heading, not to exceed $1,750,000 may be transferred 

5 to the Working Capital Fund. 

6 RURAL HOUSING AND ECONOMIC DEVELOPMENT

7 For the Office of Rural Housing and Economic De8 velopment in the Department of Housing and Urban De9 velopment, $30,000,000, to remain available until ex10 pended, which amount shall be competitively awarded by 

11 September 1, 2008, to Indian tribes, State housing finance 

12 agencies, State community and/or economic development 

13 agencies, local rural nonprofits and community develop14 ment corporations to support innovative housing and eco15 nomic development activities in rural areas: Provided, 

16 That of the total amount made available under this head17 ing, not less than $12,000,000 shall be made available to 

18 promote economic development and entrepreneurship for 

19 federally recognized Indian Tribes, through activities in20 cluding the capitalization of revolving loan programs and 

21 business planning and development, funding is also made 

22 available for technical assistance to increase capacity 

23 through training and outreach activities. 
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1 COMMUNITY DEVELOPMENT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For assistance to units of State and local govern4 ment, and to other entities, for economic and community 

5 development activities, and for other purposes, 

6 $3,889,465,000, to remain available until September 30, 

7 2011, unless otherwise specified: Provided, That of the 

8 total amount provided, $3,593,430,000 is for carrying out 

9 the community development block grant program under 

10 title I of the Housing and Community Development Act 

11 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

12 et seq.): Provided further, That unless explicitly provided 

13 for under this heading (except for planning grants pro14 vided in the second paragraph and amounts made avail15 able under the third paragraph), not to exceed 20 percent 

16 of any grant made with funds appropriated under this 

17 heading shall be expended for planning and management 

18 development and administration: Provided further, That of 

19 the total amount made available under this heading, up 

20 to $3,175,000 may be transferred to the Working Capital 

21 Fund: Provided further, That $5,000,000 is for technical 

22 assistance as authorized by section 107(b)(4) of such Act: 

23 Provided further, That $65,000,000 shall be for grants to 

24 Indian tribes notwithstanding section 106(a)(1) of such 

25 Act, of which, notwithstanding any other provision of law 

26 (including section 305 of this Act), up to $3,960,000 may 
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1 be used for emergencies that constitute imminent threats 

2 to health and safety. 

3 Of the amount made available under this heading, 

4 $200,574,000 shall be available for grants for the Eco5 nomic Development Initiative (EDI) to finance a variety 

6 of targeted economic investments in accordance with the 

7 terms and conditions specified in the explanatory state8 ment accompanying this Act: Provided, That none of the 

9 funds provided under this paragraph may be used for pro10 gram operations: Provided further, That, for fiscal years 

11 2006, 2007, 2008 and 2009, no unobligated funds for 

12 EDI grants may be used for any purpose except acquisi13 tion, planning, design, purchase of equipment, revitaliza14 tion, redevelopment or construction. 

15 Of the amount made available under this heading, 

16 $22,286,000 shall be available for neighborhood initiatives 

17 that are utilized to improve the conditions of distressed 

18 and blighted areas and neighborhoods, to stimulate invest19 ment, economic diversification, and community revitaliza20 tion in areas with population outmigration or a stagnating 

21 or declining economic base, or to determine whether hous22 ing benefits can be integrated more effectively with welfare 

23 reform initiatives: Provided, That amounts made available 

24 under this paragraph shall be provided in accordance with 
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1 the terms and conditions specified in the explanatory 

2 statement accompanying this Act. 

3 The referenced statement of managers under this 

4 heading in title III of division A of Public Law 109–115 

5 is deemed to be amended with respect to item number 889 

6 by striking ‘‘Perry County, Pennsylvania to develop an in7 dustrial park in New Bloomfield’’ and inserting ‘‘Perry 

8 County, Pennsylvania to develop an industrial park in 

9 Penn Township/Duncannon’’. 

10 The referenced statement of managers under the 

11 heading ‘‘Community Planning and Development’’ in title 

12 II of division K of Public Law 110–161 is deemed to be 

13 amended by striking: ‘‘Golden Castings Foundry Demoli14 tion and Site Remediation Project to raze and remediate 

15 the site of the former Golden Castings Foundry for the 

16 demolition and environmental remediation costs of the 

17 Golden Castings foundry site’’ and inserting ‘‘To reme18 diate the former site of the Columbus Wood Treating 

19 Plant in Columbus, Indiana’’. 

20 COMMUNITY DEVELOPMENT LOAN GUARANTEES

21 PROGRAM ACCOUNT

22 For the cost of guaranteed loans, $6,000,000, to re23 main available until September 30, 2010, as authorized 

24 by section 108 of the Housing and Community Develop25 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

26 costs, including the cost of modifying such loans, shall be 
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1 as defined in section 502 of the Congressional Budget Act 

2 of 1974: Provided further, That these funds are available 

3 to subsidize total loan principal, any part of which is to 

4 be guaranteed, not to exceed $275,000,000, notwith5 standing any aggregate limitation on outstanding obliga6 tions guaranteed in section 108(k) of the Housing and 

7 Community Development Act of 1974, as amended. 

8 HOME INVESTMENT PARTNERSHIPS PROGRAM

9 (INCLUDING TRANSFER OF FUNDS)

10 For the HOME investment partnerships program, as 

11 authorized under title II of the Cranston-Gonzalez Na12 tional Affordable Housing Act, as amended, 

13 $1,966,640,000, to remain available until September 30, 

14 2011, of which $4,200,000 may be transferred to the 

15 Working Capital Fund: Provided, That up to $15,000,000 

16 shall be available for technical assistance: Provided fur17 ther, That, in prior appropriations Acts for Community 

18 Housing Development Organizations technical assistance, 

19 and that still remain available, may be used for HOME 

20 technical assistance notwithstanding the purposes for 

21 which such amounts were appropriated: Provided further, 

22 That, from amounts appropriated or otherwise made avail23 able under this heading, $10,000,000 may be made avail24 able to promote broader participation in homeownership, 

25 through the American Dream Downpayment Initiative, as 

26 such initiative is set forth under section 271 of the Cran-
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1 ston-Gonzalez National Affordable Housing Act (42 

2 U.S.C. 12821). 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For the Self-Help and Assisted Homeownership Op6 portunity Program, as authorized under section 11 of the 

7 Housing Opportunity Program Extension Act of 1996, as 

8 amended, $66,000,000, to remain available until Sep9 tember 30, 2011: Provided, That of the total amount pro10 vided under this heading, $27,000,000 shall be made 

11 available to the Self-Help and Assisted Homeownership 

12 Opportunity Program as authorized under section 11 of 

13 the Housing Opportunity Program Extension Act of 1996, 

14 as amended: Provided further, That $35,000,000 shall be 

15 made available for the second, third and fourth capacity 

16 building activities authorized under section 4(a) of the 

17 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note): 

18 Provided further, That $4,000,000 shall be made available 

19 to carry out capacity building activities as authorized 

20 under section 6301 through 6305 in Public Law 110–246. 

21 HOMELESS ASSISTANCE GRANTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For the emergency shelter grants program as author24 ized under subtitle B of title IV of the McKinney-Vento 

25 Homeless Assistance Act, as amended; the supportive 

26 housing program as authorized under subtitle C of title 
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1 IV of such Act; the section 8 moderate rehabilitation sin2 gle room occupancy program as authorized under the 

3 United States Housing Act of 1937, as amended, to assist 

4 homeless individuals pursuant to section 441 of the 

5 McKinney-Vento Homeless Assistance Act; and the shelter 

6 plus care program as authorized under subtitle F of title 

7 IV of such Act, $1,667,000,000, of which $1,662,000,000 

8 shall remain available until September 30, 2011, and of 

9 which $5,000,000 shall remain available until expended 

10 for rehabilitation projects with 10-year grant terms: Pro11 vided, That of the amount provided, $10,000,000 shall be 

12 made available to conduct a demonstration program on the 

13 prevention of homelessness among the Nation’s veterans: 

14 Provided further, That the Secretary shall work in coordi15 nation with the Department of Veterans Affairs and the 

16 Department of Labor to select a limited number of urban 

17 and rural sites in which to carry out this demonstration: 

18 Provided further, That in selecting sites, the Secretary 

19 shall evaluate the rate of homelessness among veterans in 

20 the area, and the experience of the grantees in coordi21 nating with Department of Veterans Affairs and the De22 partment of Labor to enable veterans to access main23 stream programs: Provided further, That of the sites se24 lected, up to three shall have a high number of service 

25 members separating from the military and transitioning 
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1 into civilian life: Provided further, That the Secretary shall 

2 also select up to four sites located in rural areas to evalu3 ate how to effectively serve veterans in rural areas, many 

4 of whom may have been part of the National Guard, may 

5 have limited access to the Department of Veterans Affairs 

6 medical centers, and may have dependent family members: 

7 Provided further, That funding made available under this 

8 demonstration shall be available for housing and appro9 priate services to prevent veterans and their families from 

10 becoming homeless or reduce the length of time veterans 

11 and their families are homeless: Provided further, That of 

12 the amounts made available under this heading, not to ex13 ceed $750,000 may be available for an evaluation of this 

14 demonstration: Provided further, That not less than 30 

15 percent of funds made available, excluding amounts pro16 vided for renewals under the shelter plus care program, 

17 shall be used for permanent housing for individuals and 

18 families: Provided further, That all funds awarded for 

19 services shall be matched by not less than 25 percent in 

20 funding by each grantee: Provided further, That the Sec21 retary shall renew on an annual basis expiring contracts 

22 or amendments to contracts funded under the shelter plus 

23 care program if the program is determined to be needed 

24 under the applicable continuum of care and meets appro25 priate program requirements and financial standards, as 
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1 determined by the Secretary: Provided further, That all 

2 awards of assistance under this heading shall be required 

3 to coordinate and integrate homeless programs with other 

4 mainstream health, social services, and employment pro5 grams for which homeless populations may be eligible, in6 cluding Medicaid, State Children’s Health Insurance Pro7 gram, Temporary Assistance for Needy Families, Food 

8 Stamps, and services funding through the Mental Health 

9 and Substance Abuse Block Grant, Workforce Investment 

10 Act, and the Welfare-to-Work grant program: Provided 

11 further, That up to $8,000,000 of the funds appropriated 

12 under this heading shall be available for the national 

13 homeless data analysis project and technical assistance: 

14 Provided further, That of the total amount made available 

15 under this heading, not to exceed $2,675,000 may be 

16 transferred to the Working Capital Fund: Provided fur17 ther, That $3,000,000 of the funds appropriated under 

18 this heading shall be used to conduct research on homeless 

19 issues, including homeless prevention and youth homeless20 ness: Provided further, That all balances for Shelter Plus 

21 Care renewals previously funded from the Shelter Plus 

22 Care Renewal account and transferred to this account 

23 shall be available, if recaptured, for Shelter Plus Care re24 newals in fiscal year 2009. This heading in the Depart25 ment of Housing and Urban Development Appropriations 
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1 Act, 2008 is amended by inserting the following new pro2 viso after the third proviso: ‘‘Provided further, That the 

3 Secretary may renew grants made under this demonstra4 tion program and may treat such original grants and any 

5 such renewal grants as if these grants were made under 

6 the supportive housing program:’’. 

7 HOUSING PROGRAMS

8 HOUSING FOR THE ELDERLY

9 (INCLUDING TRANSFER OF FUNDS)

10 For capital advances, including amendments to cap11 ital advance contracts, for housing for the elderly, as au12 thorized by section 202 of the Housing Act of 1959, as 

13 amended, and for project rental assistance for the elderly 

14 under section 202(c)(2) of such Act, including amend15 ments to contracts for such assistance and renewal of ex16 piring contracts for such assistance for up to a 1-year 

17 term, and for supportive services associated with the hous18 ing, $765,000,000, to remain available until September 

19 30, 2013, of which up to $661,400,000 shall be for capital 

20 advance and project-based rental assistance awards, in21 cluding up to $15,000,000 for a demonstration program 

22 that leverages project awards with other sources of devel23 opment financing, such as tax credits, to expand housing 

24 assistance provided that such project applications shall be 

25 reviewed and processed by State housing tax credit agen26 cies once the Secretary has made project awards from 
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1 among project applications: Provided, That, of the amount 

2 provided under this heading, up to $80,000,000 shall be 

3 for service coordinators and the continuation of existing 

4 congregate service grants for residents of assisted housing 

5 projects, and of which up to $25,000,000 shall be for 

6 grants under section 202b of the Housing Act of 1959 

7 (12 U.S.C. 1701q–2) for conversion of eligible projects 

8 under such section to assisted living or related use and 

9 for emergency capital repairs as determined by the Sec10 retary: Provided further, That of the amount made avail11 able under this heading, $20,000,000 shall be available to 

12 the Secretary of Housing and Urban Development only for 

13 making competitive grants to private nonprofit organiza14 tions and consumer cooperatives for covering costs of ar15 chitectural and engineering work, site control, and other 

16 planning relating to the development of supportive housing 

17 for the elderly that is eligible for assistance under section 

18 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Pro19 vided further, That amounts under this heading shall be 

20 available for Real Estate Assessment Center inspections 

21 and inspection-related activities associated with section 

22 202 capital advance projects: Provided further, That up 

23 to $2,000,000 of the total amount made available under 

24 this heading shall be for technical assistance to improve 

25 grant applications and to facilitate the development of 
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1 housing for the elderly under section 202 of the Housing 

2 Act of 1959, and supportive housing for persons with dis3 abilities under section 811 of the Cranston-Gonzales Na4 tional Affordable Housing Act: Provided further, That of 

5 the total amount made available under this heading, 

6 $1,600,000 may be transferred to the Working Capital 

7 Fund: Provided further, That the Secretary may waive the 

8 provisions of section 202 governing the terms and condi9 tions of project rental assistance, except that the initial 

10 contract term for such assistance shall not exceed 5 years 

11 in duration. 

12 HOUSING FOR PERSONS WITH DISABILITIES

13 (INCLUDING TRANSFER OF FUNDS)

14 For capital advance contracts, including amendments 

15 to capital advance contracts, for supportive housing for 

16 persons with disabilities, as authorized by section 811 of 

17 the Cranston-Gonzalez National Affordable Housing Act 

18 (42 U.S.C. 8013), for project rental assistance for sup19 portive housing for persons with disabilities under section 

20 811(d)(2) of such Act, including amendments to contracts 

21 for such assistance and renewal of expiring contracts for 

22 such assistance for up to a 1-year term, and for supportive 

23 services associated with the housing for persons with dis24 abilities as authorized by section 811(b)(1) of such Act, 

25 and for tenant-based rental assistance contracts entered 

26 into pursuant to section 811 of such Act, $250,000,000, 
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1 to remain available until September 30, 2013: Provided, 

2 That of the total amount made available under this head3 ing, $1,600,000 may be transferred to the Working Cap4 ital Fund: Provided further, That up to $10,000,000 shall 

5 be for a demonstration program that leverages project 

6 awards with other sources of development financing, such 

7 as tax credit incentives, to expand housing assistance pro8 vided that such project applications shall be reviewed and 

9 processed by State housing tax credit agencies once the 

10 Secretary has made project awards from among project 

11 applications: Provided further, That, of the amount pro12 vided under this heading, $87,100,000 shall be for amend13 ments or renewal of tenant-based assistance contracts en14 tered into prior to fiscal year 2005 (only one amendment 

15 authorized for any such contract): Provided further, That 

16 all tenant-based assistance made available under this 

17 heading shall continue to remain available only to persons 

18 with disabilities: Provided further, That the Secretary may 

19 waive the provisions of section 811 governing the terms 

20 and conditions of project rental assistance and tenant21 based assistance, except that the initial contract term for 

22 such assistance shall not exceed 5 years in duration: Pro23 vided further, That amounts made available under this 

24 heading shall be available for Real Estate Assessment 
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1 Center Inspections and inspection-related activities associ2 ated with section 811 Capital Advance Projects. 

3 HOUSING COUNSELING ASSISTANCE

4 For contracts, grants, and other assistance excluding 

5 loans, as authorized under section 106 of the Housing and 

6 Urban Development Act of 1968, as amended, 

7 $65,000,000, to remain available until September 30, 

8 2010: Provided, That funds shall be used for providing 

9 counseling and advice to tenants and homeowners, both 

10 current and prospective, with respect to property mainte11 nance, financial management/literacy, and such other mat12 ters as may be appropriate to assist them in improving 

13 their housing conditions, meeting their financial needs, 

14 and fulfilling the responsibilities of tenancy or homeowner15 ship; for program administration; and for housing coun16 selor training. 

17 OTHER ASSISTED HOUSING PROGRAMS

18 RENTAL HOUSING ASSISTANCE

19 For amendments to contracts under section 101 of 

20 the Housing and Urban Development Act of 1965 (12 

21 U.S.C. 1701s) and section 236(f)(2) of the National 

22 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in23 sured rental housing projects, $27,600,000, to remain 

24 available until expended. 
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1 RENT SUPPLEMENT

2 (RESCISSION)

3 Of the amounts made available under the heading 

4 ‘‘Rent Supplement’’ in Public Law 98–63 for amendments 

5 to contracts under section 101 of the Housing and Urban 

6 Development Act of 1965 (12 U.S.C. 1701s) and section 

7 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

8 1) in State-aided, non-insured rental housing projects, 

9 $37,600,000 are rescinded. 

10 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

11 FUND

12 For necessary expenses as authorized by the National 

13 Manufactured Housing Construction and Safety Stand14 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

15 $16,000,000, to remain available until expended, of which 

16 $10,600,000 is to be derived from the Manufactured 

17 Housing Fees Trust Fund: Provided, That not to exceed 

18 the total amount appropriated under this heading shall be 

19 available from the general fund of the Treasury to the ex20 tent necessary to incur obligations and make expenditures 

21 pending the receipt of collections to the Fund pursuant 

22 to section 620 of such Act: Provided further, That the 

23 amount made available under this heading from the gen24 eral fund shall be reduced as such collections are received 

25 during fiscal year 2009 so as to result in a final fiscal 

26 year 2009 appropriation from the general fund estimated 
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1 at not more than $5,400,000 and fees pursuant to such 

2 section 620 shall be modified as necessary to ensure such 

3 a final fiscal year 2009 appropriation: Provided further, 

4 That for the dispute resolution and installation programs, 

5 the Secretary of Housing and Urban Development may 

6 assess and collect fees from any program participant: Pro7 vided further, That such collections shall be deposited into 

8 the Fund, and the Secretary, as provided herein, may use 

9 such collections, as well as fees collected under section 

10 620, for necessary expenses of such Act: Provided further, 

11 That notwithstanding the requirements of section 620 of 

12 such Act, the Secretary may carry out responsibilities of 

13 the Secretary under such Act through the use of approved 

14 service providers that are paid directly by the recipients 

15 of their services. 

16 FEDERAL HOUSING ADMINISTRATION

17 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

19 During fiscal year 2009, commitments to guarantee 

20 loans to carry out the purposes of section 203(b) of the 

21 National Housing Act, as amended, shall not exceed a loan 

22 principal of $185,000,000,000. 

23 During fiscal year 2009, obligations to make direct 

24 loans to carry out the purposes of section 204(g) of the 

25 National Housing Act, as amended, shall not exceed 

26 $50,000,000: Provided, That the foregoing amount shall 
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1 be for loans to nonprofit and governmental entities in con2 nection with sales of single family real properties owned 

3 by the Secretary and formerly insured under the Mutual 

4 Mortgage Insurance Fund. 

5 For administrative contract expenses, $140,000,000, 

6 of which not less than $70,794,000 may be transferred 

7 to the Working Capital Fund solely to modernize, improve 

8 and maintain technology systems and infrastructure for 

9 the Federal Housing Administration, and of which up to 

10 $10,000,000 shall be for education and outreach of FHA 

11 single family loan products, including printing costs: Pro12 vided, That to the extent guaranteed loan commitments 

13 exceed $65,500,000,000 on or before April 1, 2009, an 

14 additional $1,400 for administrative contract expenses 

15 shall be available for each $1,000,000 in additional guar16 anteed loan commitments (including a pro rata amount 

17 for any amount below $1,000,000), but in no case shall 

18 funds made available by this proviso exceed $30,000,000. 

19 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the cost of guaranteed loans, as authorized by 

22 sections 238 and 519 of the National Housing Act (12 

23 U.S.C. 1715z–3 and 1735c), including the cost of loan 

24 guarantee modifications, as that term is defined in section 

25 502 of the Congressional Budget Act of 1974, as amend26 ed, $8,600,000, to remain available until expended: Pro-
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1 vided, That commitments to guarantee loans shall not ex2 ceed $45,000,000,000 in total loan principal, any part of 

3 which is to be guaranteed. 

4 Gross obligations for the principal amount of direct 

5 loans, as authorized by sections 204(g), 207(l), 238, and 

6 519(a) of the National Housing Act, shall not exceed 

7 $50,000,000, of which not to exceed $30,000,000 shall be 

8 for bridge financing in connection with the sale of multi9 family real properties owned by the Secretary and for10 merly insured under such Act; and of which not to exceed 

11 $20,000,000 shall be for loans to nonprofit and govern12 mental entities in connection with the sale of single-family 

13 real properties owned by the Secretary and formerly in14 sured under such Act. 

15 For administrative expenses necessary to carry out 

16 the guaranteed and direct loan programs, $48,871,000, of 

17 which at least $47,871,000 shall be for administrative 

18 contracts and up to $1,000,000 shall be for consumer edu19 cation and outreach for FHA loan products: Provided, 

20 That to the extent guaranteed loan commitments exceed 

21 $8,426,000,000 on or before April 1, 2009, an additional 

22 $1,980 for administrative contract expenses shall be avail23 able for each $1,000,000 in additional guaranteed loan 

24 commitments over $8,426,000,000 (including a pro rata 

25 amount for any increment below $1,000,000), but in no 
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1 case shall funds made available by this proviso exceed 

2 $14,000,000. 

3 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

4 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

5 GUARANTEE PROGRAM ACCOUNT

6 New commitments to issue guarantees to carry out 

7 the purposes of section 306 of the National Housing Act, 

8 as amended (12 U.S.C. 1721(g)), shall not exceed 

9 $200,000,000,000, to remain available until September 

10 30, 2010: Provided, That to the extent new guarantees 

11 of mortgage-backed securities exceed $75,000,000,000 on 

12 or before April 1, 2009, an additional $1,000 for adminis13 trative contract expenses shall be available for each 

14 $1,000,000 in additional guaranteed loan commitments 

15 (including a pro rata amount for any amount below 

16 $1,000,000) but in no case shall funds made available by 

17 this proviso exceed $14,000,000. 

18 POLICY DEVELOPMENT AND RESEARCH

19 RESEARCH AND TECHNOLOGY

20 For contracts, grants, and necessary expenses of pro21 grams of research and studies relating to housing and 

22 urban problems, not otherwise provided for, as authorized 

23 by title V of the Housing and Urban Development Act 

24 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

25 out the functions of the Secretary of Housing and Urban 
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1 Development under section 1(a)(1)(i) of Reorganization 

2 Plan No. 2 of 1968, $59,624,000, to remain available 

3 until September 30, 2010: Provided, That of the funds 

4 made available under this heading, $23,000,000 is for 

5 grants pursuant to section 107 of the Housing and Com6 munity Development Act of 1974 (42 U.S.C. 5307): Pro7 vided further, That $2,000,000 shall be available for the 

8 Secretary to conduct a comprehensive study to be man9 aged by the Office of Policy Development and Research, 

10 to analyze the administrative costs necessary to carry-out 

11 the tenant-based voucher program: Provided further, That 

12 of the total amount made available, $5,000,000 shall be 

13 made available for the Secretary to carryout a national 

14 competitive program for advance technology for housing 

15 construction and building materials to benefit the Amer16 ican public and of which up to $2,000,000 may be made 

17 available for technology directly related to disaster prone 

18 areas. 

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 FAIR HOUSING ACTIVITIES

21 For contracts, grants, and other assistance, not oth22 erwise provided for, as authorized by title VIII of the Civil 

23 Rights Act of 1968, as amended by the Fair Housing 

24 Amendments Act of 1988, and section 561 of the Housing 

25 and Community Development Act of 1987, as amended, 
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1 $56,000,000, to remain available until September 30, 

2 2010, of which $29,000,000 shall be to carry out activities 

3 pursuant to such section 561 of which up to $2,000,000 

4 shall be made available to carryout authorized activities 

5 to protect the public from mortgage rescue scams: Pro6 vided, That notwithstanding 31 U.S.C. 3302, the Sec7 retary may assess and collect fees to cover the costs of 

8 the Fair Housing Training Academy, and may use such 

9 funds to provide such training: Provided further, That no 

10 funds made available under this heading shall be used to 

11 lobby the executive or legislative branches of the Federal 

12 Government in connection with a specific contract, grant 

13 or loan: Provided further, That of the funds made available 

14 under this heading, $500,000 shall be available to the Sec15 retary of Housing and Urban Development for the cre16 ation and promotion of translated materials and other pro17 grams that support the assistance of persons with limited 

18 English proficiency in utilizing the services provided by 

19 the Department of Housing and Urban Development. 

20 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

21 CONTROL

22 LEAD HAZARD REDUCTION

23 For the Lead Hazard Reduction Program, as author24 ized by section 1011 of the Residential Lead-Based Paint 

25 Hazard Reduction Act of 1992, $145,000,000, to remain 
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1 available until September 30, 2010, of which not less than 

2 $14,600,000 shall be for the Healthy Homes Initiative, 

3 pursuant to sections 501 and 502 of the Housing and 

4 Urban Development Act of 1970 that shall include re5 search, studies, testing, and demonstration efforts, includ6 ing education and outreach concerning lead-based paint 

7 poisoning and other housing-related diseases and hazards: 

8 Provided, That for purposes of environmental review, pur9 suant to the National Environmental Policy Act of 1969 

10 (42 U.S.C. 4321 et seq.) and other provisions of law that 

11 further the purposes of such Act, a grant under the 

12 Healthy Homes Initiative, Operation Lead Elimination 

13 Action Plan (LEAP), or the Lead Technical Studies pro14 gram under this heading or under prior appropriations 

15 Acts for such purposes under this heading, shall be consid16 ered to be funds for a special project for purposes of sec17 tion 305(c) of the Multifamily Housing Property Disposi18 tion Reform Act of 1994: Provided further, That of the 

19 total amount made available under this heading, 

20 $48,000,000 shall be made available on a competitive 

21 basis for areas with the highest lead paint abatement 

22 needs: Provided further, That each recipient of funds pro23 vided under the second proviso shall make a matching con24 tribution in an amount not less than 25 percent: Provided 

25 further, That the Secretary may waive the matching re-
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1 quirement cited in the preceding proviso on a case by case 

2 basis if the Secretary determines that such a waiver is nec3 essary to advance the purposes of this program: Provided 

4 further, That each applicant shall submit a detailed plan 

5 and strategy that demonstrates adequate capacity that is 

6 acceptable to the Secretary to carry out the proposed use 

7 of funds pursuant to a notice of funding availability: Pro8 vided further, That amounts made available under this 

9 heading in prior appropriations Acts, and that still remain 

10 available, may be used for any purpose under this heading 

11 notwithstanding the purpose for which such amounts were 

12 appropriated: Provided further, That of the total amount 

13 made available under this heading, $250,000 shall be allo14 cated through the Office of Healthy Homes and Lead 

15 Hazard Control to conduct communications and outreach 

16 to potential applicants to the Lead Hazard Reduction 

17 Demonstration Grant program. 

18 MANAGEMENT AND ADMINISTRATION

19 WORKING CAPITAL FUND

20 For additional capital for the Working Capital Fund 

21 (42 U.S.C. 3535) for the development of, modifications 

22 to, and infrastructure for Department-wide information 

23 technology systems, for the continuing operation and 

24 maintenance of both Department-wide and program-spe25 cific information systems, and for program-related devel-
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1 opment activities, $200,000,000, to remain available until 

2 September 30, 2010: Provided, That any amounts trans3 ferred to this Fund under this Act shall remain available 

4 until expended: Provided further, That any amounts trans5 ferred to this Fund from amounts appropriated by pre6 viously enacted appropriations Acts or from within this 

7 Act may be used only for the purposes specified under this 

8 Fund, in addition to the purposes for which such amounts 

9 were appropriated. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary salaries and expenses of the Office of 

12 Inspector General in carrying out the Inspector General 

13 Act of 1978, as amended, $115,000,000: Provided, That 

14 the Inspector General shall have independent authority 

15 over all personnel issues within this office. 

16 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

17 SALARIES AND EXPENSES

18 For carrying out the Federal Housing Enterprises 

19 Financial Safety and Soundness Act of 1992, including 

20 not to exceed $500 for official reception and representa21 tion expenses, $66,600,000, to remain available until ex22 pended, to be derived from the Federal Housing Enter23 prises Oversight Fund: Provided, That the Director shall 

24 submit a spending plan for the amounts provided under 

25 this heading no later than January 15, 2009: Provided 

26 further, That not less than 80 percent of the total amount 
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1 made available under this heading shall be used only for 

2 examination, supervision, and capital oversight of the en3 terprises (as such term is defined in section 1303 of the 

4 Federal Housing Enterprises Financial Safety and Sound5 ness Act of 1992 (12 U.S.C. 4502)) to ensure that the 

6 enterprises are operating in a financially safe and sound 

7 manner and complying with the capital requirements 

8 under Subtitle B of such Act: Provided further, That not 

9 to exceed the amount provided herein shall be available 

10 from the general fund of the Treasury to the extent nec11 essary to incur obligations and make expenditures pending 

12 the receipt of collections to the Fund: Provided further, 

13 That the general fund amount shall be reduced as collec14 tions are received during the fiscal year so as to result 

15 in a final appropriation from the general fund estimated 

16 at not more than $0. 

17 GENERAL PROVISIONS

18 (INCLUDING RESCISSION OF FUNDS)

19 SEC. 201. Fifty percent of the amounts of budget au20 thority, or in lieu thereof 50 percent of the cash amounts 

21 associated with such budget authority, that are recaptured 

22 from projects described in section 1012(a) of the Stewart 

23 B. McKinney Homeless Assistance Amendments Act of 

24 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

25 case of cash, shall be remitted to the Treasury, and such 
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1 amounts of budget authority or cash recaptured and not 

2 rescinded or remitted to the Treasury shall be used by 

3 State housing finance agencies or local governments or 

4 local housing agencies with projects approved by the Sec5 retary of Housing and Urban Development for which set6 tlement occurred after January 1, 1992, in accordance 

7 with such section. Notwithstanding the previous sentence, 

8 the Secretary may award up to 15 percent of the budget 

9 authority or cash recaptured and not rescinded or remitted 

10 to the Treasury to provide project owners with incentives 

11 to refinance their project at a lower interest rate. 

12 SEC. 202. None of the amounts made available under 

13 this Act may be used during fiscal year 2009 to investigate 

14 or prosecute under the Fair Housing Act any otherwise 

15 lawful activity engaged in by one or more persons, includ16 ing the filing or maintaining of a non-frivolous legal ac17 tion, that is engaged in solely for the purpose of achieving 

18 or preventing action by a Government official or entity, 

19 or a court of competent jurisdiction. 

20 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

21 of the AIDS Housing Opportunity Act (42 U.S.C. 

22 12903(c)(1)(A)), from any amounts made available under 

23 this title for fiscal year 2009 that are allocated under such 

24 section, the Secretary of Housing and Urban Development 
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1 shall allocate and make a grant, in the amount determined 

2 under subsection (b), for any State that— 

3 (1) received an allocation in a prior fiscal year 

4 under clause (ii) of such section; and 

5 (2) is not otherwise eligible for an allocation for 

6 fiscal year 2009 under such clause (ii) because the 

7 areas in the State outside of the metropolitan statis8 tical areas that qualify under clause (i) in fiscal year 

9 2009 do not have the number of cases of acquired 

10 immunodeficiency syndrome (AIDS) required under 

11 such clause. 

12 (b) The amount of the allocation and grant for any 

13 State described in subsection (a) shall be an amount based 

14 on the cumulative number of AIDS cases in the areas of 

15 that State that are outside of metropolitan statistical 

16 areas that qualify under clause (i) of such section 

17 854(c)(1)(A) in fiscal year 2009, in proportion to AIDS 

18 cases among cities and States that qualify under clauses 

19 (i) and (ii) of such section and States deemed eligible 

20 under subsection (a). 

21 (c) Notwithstanding any other provision of law, the 

22 amount allocated for fiscal year 2009 under section 854(c) 

23 of the AIDS Housing Opportunity Act (42 U.S.C. 

24 12903(c)), to the City of New York, New York, on behalf 

25 of the New York-Wayne-White Plains, New York-New 
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1 Jersey Metropolitan Division (hereafter ‘‘metropolitan di2 vision’’) of the New York-Newark-Edison, NY-NJ-PA 

3 Metropolitan Statistical Area, shall be adjusted by the 

4 Secretary of Housing and Urban Development by: (1) allo5 cating to the City of Jersey City, New Jersey, the propor6 tion of the metropolitan area’s or division’s amount that 

7 is based on the number of cases of AIDS reported in the 

8 portion of the metropolitan area or division that is located 

9 in Hudson County, New Jersey, and adjusting for the pro10 portion of the metropolitan division’s high incidence bonus 

11 if this area in New Jersey also has a higher than average 

12 per capita incidence of AIDS; and (2) allocating to the 

13 City of Paterson, New Jersey, the proportion of the metro14 politan area’s or division’s amount that is based on the 

15 number of cases of AIDS reported in the portion of the 

16 metropolitan area or division that is located in Bergen 

17 County and Passaic County, New Jersey, and adjusting 

18 for the proportion of the metropolitan division’s high inci19 dence bonus if this area in New Jersey also has a higher 

20 than average per capita incidence of AIDS. The recipient 

21 cities shall use amounts allocated under this subsection 

22 to carry out eligible activities under section 855 of the 

23 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 

24 their respective portions of the metropolitan division that 

25 is located in New Jersey. 
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1 (d) Notwithstanding any other provision of law, the 

2 amount allocated for fiscal year 2009 under section 854(c) 

3 of the AIDS Housing Opportunity Act (42 U.S.C. 

4 12903(c)) to areas with a higher than average per capita 

5 incidence of AIDS, shall be adjusted by the Secretary on 

6 the basis of area incidence reported over a 3 year period. 

7 SEC. 204. Except as explicitly provided in law, any 

8 grant, cooperative agreement or other assistance made 

9 pursuant to title II of this Act shall be made on a competi10 tive basis and in accordance with section 102 of the De11 partment of Housing and Urban Development Reform Act 

12 of 1989 (42 U.S.C. 3545). 

13 SEC. 205. Funds of the Department of Housing and 

14 Urban Development subject to the Government Corpora15 tion Control Act or section 402 of the Housing Act of 

16 1950 shall be available, without regard to the limitations 

17 on administrative expenses, for legal services on a contract 

18 or fee basis, and for utilizing and making payment for 

19 services and facilities of the Federal National Mortgage 

20 Association, Government National Mortgage Association, 

21 Federal Home Loan Mortgage Corporation, Federal Fi22 nancing Bank, Federal Reserve banks or any member 

23 thereof, Federal Home Loan banks, and any insured bank 

24 within the meaning of the Federal Deposit Insurance Cor25 poration Act, as amended (12 U.S.C. 1811–1831). 
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1 SEC. 206. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 207. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are sub9 ject to the Government Corporation Control Act, are here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available to each such 

12 corporation or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2009 for such corporation or agen17 cy except as hereinafter provided: Provided, That collec18 tions of these corporations and agencies may be used for 

19 new loan or mortgage purchase commitments only to the 

20 extent expressly provided for in this Act (unless such loans 

21 are in support of other forms of assistance provided for 

22 in this or prior appropriations Acts), except that this pro23 viso shall not apply to the mortgage insurance or guaranty 

24 operations of these corporations, or where loans or mort-
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1 gage purchases are necessary to protect the financial in2 terest of the United States Government. 

3 SEC. 208. None of the funds provided in this title 

4 for technical assistance, training, or management improve5 ments may be obligated or expended unless the Secretary 

6 of Housing and Urban Development provides to the Com7 mittees on Appropriations a description of each proposed 

8 activity and a detailed budget estimate of the costs associ9 ated with each program, project or activity as part of the 

10 Budget Justifications. For fiscal year 2009, the Secretary 

11 shall transmit this information to the Committees by 

12 March 15, 2009 for 30 days of review. 

13 SEC. 209. The Secretary of Housing and Urban De14 velopment shall provide quarterly reports to the House 

15 and Senate Committees on Appropriations regarding all 

16 uncommitted, unobligated, recaptured and excess funds in 

17 each program and activity within the jurisdiction of the 

18 Department and shall submit additional, updated budget 

19 information to these Committees upon request. 

20 SEC. 210. (a) Notwithstanding any other provision 

21 of law, the amount allocated for fiscal year 2009 under 

22 section 854(c) of the AIDS Housing Opportunity Act (42 

23 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

24 on behalf of the Wilmington, Delaware-Maryland-New 

25 Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
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1 vision’’), shall be adjusted by the Secretary of Housing 

2 and Urban Development by allocating to the State of New 

3 Jersey the proportion of the metropolitan division’s 

4 amount that is based on the number of cases of AIDS 

5 reported in the portion of the metropolitan division that 

6 is located in New Jersey, and adjusting for the proportion 

7 of the metropolitan division’s high incidence bonus if this 

8 area in New Jersey also has a higher than average per 

9 capita incidence of AIDS. The State of New Jersey shall 

10 use amounts allocated to the State under this subsection 

11 to carry out eligible activities under section 855 of the 

12 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

13 portion of the metropolitan division that is located in New 

14 Jersey. 

15 (b) Notwithstanding any other provision of law, the 

16 Secretary of Housing and Urban Development shall allo17 cate to Wake County, North Carolina, the amounts that 

18 otherwise would be allocated for fiscal year 2009 under 

19 section 854(c) of the AIDS Housing Opportunity Act (42 

20 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

21 on behalf of the Raleigh-Cary, North Carolina Metropoli22 tan Statistical Area. Any amounts allocated to Wake 

23 County shall be used to carry out eligible activities under 

24 section 855 of such Act (42 U.S.C. 12904) within such 

25 metropolitan statistical area. 
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1 (c) Notwithstanding section 854(c) of the AIDS 

2 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec3 retary of Housing and Urban Development may adjust the 

4 allocation of the amounts that otherwise would be allo5 cated for fiscal year 2009 under section 854(c) of such 

6 Act, upon the written request of an applicant, in conjunc7 tion with the State(s), for a formula allocation on behalf 

8 of a metropolitan statistical area, to designate the State 

9 or States in which the metropolitan statistical area is lo10 cated as the eligible grantee(s) of the allocation. In the 

11 case that a metropolitan statistical area involves more 

12 than one State, such amounts allocated to each State shall 

13 be in proportion to the number of cases of AIDS reported 

14 in the portion of the metropolitan statistical area located 

15 in that State. Any amounts allocated to a State under this 

16 section shall be used to carry out eligible activities within 

17 the portion of the metropolitan statistical area located in 

18 that State. 

19 SEC. 211. The President’s formal budget request for 

20 fiscal year 2010, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 
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1 SEC. 212. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, the States of Alaska, Iowa, and Mississippi shall 

5 not be required to include a resident of public housing or 

6 a recipient of assistance provided under section 8 of the 

7 United States Housing Act of 1937 on the board of direc8 tors or a similar governing board of such agency or entity 

9 as required under section (2)(b) of such Act. Each public 

10 housing agency or other entity that administers Federal 

11 housing assistance under section 8 for the Housing Au12 thority of the county of Los Angeles, California and the 

13 States of Alaska, Iowa and Mississippi that chooses not 

14 to include a resident of Public Housing or a recipient of 

15 section 8 assistance on the board of directors or a similar 

16 governing board shall establish an advisory board of not 

17 less than six residents of public housing or recipients of 

18 section 8 assistance to provide advice and comment to the 

19 public housing agency or other administering entity on 

20 issues related to public housing and section 8. Such advi21 sory board shall meet not less than quarterly. 

22 SEC. 213. (a) Notwithstanding any other provision 

23 of law, subject to the conditions listed in subsection (b), 

24 for fiscal years 2008 and 2009, the Secretary of Housing 

25 and Urban Development may authorize the transfer of 
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1 some or all project-based assistance, debt and statutorily 

2 required low-income and very low-income use restrictions, 

3 associated with one or more multifamily housing project 

4 to another multifamily housing project or projects. 

5 (b) The transfer authorized in subsection (a) is sub6 ject to the following conditions: 

7 (1) The number of low-income and very low-in8 come units and the net dollar amount of Federal as9 sistance provided by the transferring project shall 

10 remain the same in the receiving project or projects. 

11 (2) The transferring project shall, as deter12 mined by the Secretary, be either physically obsolete 

13 or economically non-viable. 

14 (3) The receiving project or projects shall meet 

15 or exceed applicable physical standards established 

16 by the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the 

24 receiving project or projects shall not be required to 

25 vacate their units in the transferring project or 
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1 projects until new units in the receiving project are 

2 available for occupancy. 

3 (6) The Secretary determines that this transfer 

4 is in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (c)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, 

11 such project by the Secretary. 

12 (8) If the transferring project meets the re13 quirements of subsection (c)(2)(E), the owner or 

14 mortgagor of the receiving project or projects shall 

15 execute and record either a continuation of the exist16 ing use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) Any financial risk to the FHA General and 

21 Special Risk Insurance Fund, as determined by the 

22 Secretary, would be reduced as a result of a transfer 

23 completed under this section. 
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1 (10) The Secretary determines that Federal li2 ability with regard to this project will not be in3 creased. 

4 (c) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the stat7 ute and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following con11 ditions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act; 

14 (B) housing that has project-based assist15 ance attached to the structure including 

16 projects undergoing mark to market debt re17 structuring under the Multifamily Assisted 

18 Housing Reform and Affordability Housing Act; 

19 (C) housing that is assisted under section 

20 202 of the Housing Act of 1959 as amended by 

21 section 801 of the Cranston-Gonzales National 

22 Affordable Housing Act; 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959, as such sec25 tion existed before the enactment of the Cran-
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1 ston-Gonzales National Affordable Housing Act; 

2 or 

3 (E) housing or vacant land that is subject 

4 to a use agreement; 

5 (3) the term ‘‘project-based assistance’’ 

6 means— 

7 (A) assistance provided under section 8(b) 

8 of the United States Housing Act of 1937; 

9 (B) assistance for housing constructed or 

10 substantially rehabilitated pursuant to assist11 ance provided under section 8(b)(2) of such Act 

12 (as such section existed immediately before Oc13 tober 1, 1983); 

14 (C) rent supplement payments under sec15 tion 101 of the Housing and Urban Develop16 ment Act of 1965; 

17 (D) interest reduction payments under sec18 tion 236 and/or additional assistance payments 

19 under section 236(f)(2) of the National Hous20 ing Act; and 

21 (E) assistance payments made under sec22 tion 202(c)(2) of the Housing Act of 1959; 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 
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1 debt, and statutorily required use low-income and 

2 very low-income restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 SEC. 214. The funds made available for Native Alas12 kans under the heading ‘‘Native American Housing Block 

13 Grants’’ in title III of this Act shall be allocated to the 

14 same Native Alaskan housing block grant recipients that 

15 received funds in fiscal year 2005. 

16 SEC. 215. No funds provided under this title may be 

17 used for an audit of the Government National Mortgage 

18 Association that makes applicable requirements under the 

19 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

20 SEC. 216. (a) No assistance shall be provided under 

21 section 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f) to any individual who— 

23 (1) is enrolled as a student at an institution of 

24 higher education (as defined under section 102 of 
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1 the Higher Education Act of 1965 (20 U.S.C. 

2 1002)); 

3 (2) is under 24 years of age; 

4 (3) is not a veteran; 

5 (4) is unmarried; 

6 (5) does not have a dependent child; 

7 (6) is not a person with disabilities, as such 

8 term is defined in section 3(b)(3)(E) of the United 

9 States Housing Act of 1937 (42 U.S.C. 

10 1437a(b)(3)(E)) and was not receiving assistance 

11 under such section 8 as of November 30, 2005; and 

12 (7) is not otherwise individually eligible, or has 

13 parents who, individually or jointly, are not eligible, 

14 to receive assistance under section 8 of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f). 

16 (b) For purposes of determining the eligibility of a 

17 person to receive assistance under section 8 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f), any finan19 cial assistance (in excess of amounts received for tuition) 

20 that an individual receives under the Higher Education 

21 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

22 sources, or an institution of higher education (as defined 

23 under the Higher Education Act of 1965 (20 U.S.C. 

24 1002)), shall be considered income to that individual, ex-
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1 cept for a person over the age of 23 with dependent chil2 dren. 

3 SEC. 217. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act 

5 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

6 Urban Development may, until September 30, 2009, in7 sure and enter into commitments to insure mortgages 

8 under section 255 of the National Housing Act (12 U.S.C. 

9 1715z–20). 

10 SEC. 218. Notwithstanding any other provision of 

11 law, in fiscal year 2009, in managing and disposing of any 

12 multifamily property that is owned or has a mortgage held 

13 by the Secretary of Housing and Urban Development, the 

14 Secretary shall maintain any rental assistance payments 

15 under section 8 of the United States Housing Act of 1937 

16 and other programs that are attached to any dwelling 

17 units in the property. To the extent the Secretary deter18 mines, in consultation with the tenants and the local gov19 ernment, that such a multifamily property owned or held 

20 by the Secretary is not feasible for continued rental assist21 ance payments under such section 8 or other programs, 

22 based on consideration of (1) the costs of rehabilitating 

23 and operating the property and all available Federal, 

24 State, and local resources, including rent adjustments 

25 under section 524 of the Multifamily Assisted Housing 
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1 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 

2 (2) environmental conditions that cannot be remedied in 

3 a cost-effective fashion, the Secretary may, in consultation 

4 with the tenants of that property, contract for project5 based rental assistance payments with an owner or owners 

6 of other existing housing properties, or provide other rent7 al assistance. The Secretary shall also take appropriate 

8 steps to ensure that project-based contracts remain in ef9 fect prior to foreclosure, subject to the exercise of contrac10 tual abatement remedies to assist relocation of tenants for 

11 imminent major threats to health and safety. After dis12 position of any multifamily property described under this 

13 section, the contract and allowable rent levels on such 

14 properties shall be subject to the requirements under sec15 tion 524 of MAHRAA. 

16 SEC. 219. Section 24 of the United States Housing 

17 Act of 1937 (42 U.S.C. 1437v) is amended— 

18 (1) in subsection (m)(1), by striking ‘‘2003’’ 

19 and inserting ‘‘2009’’; and 

20 (2) in subsection (o), by striking ‘‘September 

21 30, 2007’’ and inserting ‘‘September 30, 2009’’. 

22 SEC. 220. Public housing agencies that own and oper23 ate 400 or fewer public housing units may elect to be ex24 empt from any asset management requirement imposed by 

25 the Secretary of Housing and Urban Development in con-
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1 nection with the operating fund rule: Provided, That an 

2 agency seeking a discontinuance of a reduction of subsidy 

3 under the operating fund formula shall not be exempt 

4 from asset management requirements. 

5 SEC. 221. The Secretary of Housing and Urban De6 velopment shall report quarterly to the House of Rep7 resentatives and Senate Committees on Appropriations on 

8 HUD’s use of all sole source contracts, including terms 

9 of the contracts, cost, and a substantive rationale for 

10 using a sole source contract. 

11 SEC. 222. (a) The amounts provided under the sub12 heading ‘‘Program Account’’ under the heading ‘‘Commu13 nity Development Loan Guarantees’’ may be used to guar14 antee, or make commitments to guarantee, notes, or other 

15 obligations issued by any State on behalf of non-entitle16 ment communities in the State in accordance with the re17 quirements of section 108 of the Housing and Community 

18 Development Act of 1974: Provided, That, any State re19 ceiving such a guarantee or commitment shall distribute 

20 all funds subject to such guarantee to the units of general 

21 local government in non-entitlement areas that received 

22 the commitment. 

23 (b) Not later than 60 days after the date of enact24 ment of this Act, the Secretary of Housing and Urban 

25 Development shall promulgate regulations governing the 
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1 administration of the funds described under subsection 

2 (a). 

3 SEC. 223. (a) REQUIRED SUBMISSIONS FOR FISCAL

4 YEARS 2008 AND 2009.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date of enactment of this Act, the Secretary of 

7 Housing and Urban Development shall submit to the 

8 relevant authorizing committees and to the Commit9 tees on Appropriations of the Senate and the House 

10 of Representatives for fiscal years 2008 and 2009— 

11 (A) a complete and accurate accounting of 

12 the actual project-based renewal costs for 

13 project-based assistance under section 8 of the 

14 United States Housing Act of 1937 (42 U.S.C. 

15 1437f); 

16 (B) revised estimates of the funding need17 ed to fully fund all 12 months of all project18 based contracts under such section 8, including 

19 project-based contracts that expire in fiscal year 

20 2008 and fiscal year 2009; and 

21 (C) all sources of funding that will be used 

22 to fully fund all 12 months of the project-based 

23 contracts for fiscal years 2008 and 2009. 

24 (2) UPDATED INFORMATION.—At any time 

25 after the expiration of the 60-day period described 
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1 in paragraph (1), the Secretary may submit correc2 tions or updates to the information required under 

3 paragraph (1), if upon completion of an audit of the 

4 project-based assistance program under section 8 of 

5 the United States Housing Act of 1937 (42 U.S.C. 

6 1437f), such audit reveals additional information 

7 that may provide Congress a more complete under8 standing of the Secretary’s implementation of the 

9 project-based assistance program under such section 

10 8. 

11 (b) REQUIRED SUBMISSIONS FOR FISCAL YEAR

12 2010.—As part of the Department of Housing and Urban 

13 Development’s budget request for fiscal year 2010, the 

14 Secretary of Housing and Urban Development shall sub15 mit to the relevant authorizing committees and to the 

16 Committees on Appropriations of the Senate and the 

17 House of Representatives complete and detailed informa18 tion, including a project-by-project analysis, that verifies 

19 that such budget request will fully fund all project-based 

20 contracts under section 8 of the United States Housing 

21 Act of 1937 (42 U.S.C. 1437f) in fiscal year 2010, includ22 ing expiring project-based contracts. 

23 SEC. 224. No official or employee of the Department 

24 of Housing and Urban Development shall be designated 

25 as an allotment holder unless the Office of the Chief Fi-
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1 nancial Officer has determined that such allotment holder 

2 has implemented an adequate system of funds control and 

3 has received training in funds control procedures and di4 rectives. The Chief Financial Officer shall ensure that, not 

5 later than 90 days after the date of enactment of this Act, 

6 a trained allotment holder shall be designated for each 

7 HUD subaccount under the headings ‘‘Executive Direc8 tion’’ and ‘‘Administration, Operations, and Management’’ 

9 as well as each account receiving appropriations for ‘‘per10 sonnel compensation and benefits’’ within the Department 

11 of Housing and Urban Development. 

12 SEC. 225. Payment of attorney fees in program-re13 lated litigation must be paid from individual program of14 fice personnel benefits and compensation funding. The an15 nual budget submission for program office personnel ben16 efit and compensation funding must include program-re17 lated litigation costs for attorney fees as a separate line 

18 item request. 

19 SEC. 226. Of the unobligated balances remaining 

20 from funds appropriated under the heading ‘‘Tenant21 Based Rental Assistance’’ under the Department of Hous22 ing and Urban Development Appropriations Act, 2008, 

23 $800,000,000 are rescinded from the $4,158,000,000 

24 which are available on October 1, 2008. Such amount shall 

25 be derived from reductions to public housing agencies’ cal-
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1 endar year 2009 allocations based on amounts in public 

2 housing agencies’ net restricted assets accounts (in ac3 cordance with VMS data in calendar year 2008 that is 

4 verifiable and complete), as determined by the Secretary. 

5 SEC. 227. Section 683(2) of the Housing and Com6 munity Development Act of 1992 (42 U.S.C. 13641(2)) 

7 is amended— 

8 (1) in subparagraph (F), by striking ‘‘and’’; 

9 (2) in subparagraph (G) by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by adding a new subparagraph (H) as fol12 lows: 

13 ‘‘(H) housing that is assisted under section 

14 811 of the Cranston-Gonzalez Affording Hous15 ing Act (42 U.S.C. 8013).’’. 

16 SEC. 228. The Home Investment Partnerships Act 

17 (42 U.S.C. 12721 et seq.) is amended— 

18 (1) in section 233(d)(1) by striking ‘‘20’’ and 

19 inserting ‘‘40’’; 

20 (2) in section 233(e) by striking ‘‘40’’ and in21 serting ‘‘25’’; 

22 (3) in section 243(b), in the second sentence, by 

23 striking ‘‘20’’ and inserting ‘‘40’’; and 
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1 (4) in section 271(i) by striking ‘‘Act after De2 cember 31, 2007’’ and inserting ‘‘section after De3 cember 31, 2011’’. 

4 SEC. 229. The Secretary of the Department of Hous5 ing and Urban Development (the ‘‘Secretary’’) shall for 

6 fiscal year 2009 and thereafter, notify the public through 

7 the Federal Register and other means, as determined ap8 propriate, of the issuance of a notice of the availability 

9 of assistance or notice of funding availability (NOFA) for 

10 any program or discretionary fund administered by the 

11 Secretary that is to be competitively awarded. Notwith12 standing any other provision of law, for fiscal year 2009 

13 and thereafter, the Secretary may make the NOFA avail14 able only on the Internet at the appropriate government 

15 website or websites or through other electronic media, as 

16 determined by the Secretary. 

17 SEC. 230. Amounts made available under previous 

18 appropriations Acts for the provision of technical assist19 ance under section 514(f)(3) of the Multifamily Assisted 

20 Housing Reform and Affordability Act of 1997 (MAHRA) 

21 (42 U.S.C. 1437f note), and which amounts currently re22 main available under such section, may be used to assist 

23 eligible multifamily housing projects, as defined in section 

24 512(2) of MAHRA, notwithstanding section 1303 of Divi-
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1 sion B of the Emergency Supplemental Act, 2002 (Public 

2 Law 107–117). 

3 SEC. 231. Section 203(b)(2) of the National Housing 

4 Act (12 U.S.C. 1709(b)(2)) is amended— 

5 (1) by inserting ‘‘not to exceed the lesser of’’ 

6 after ‘‘in an amount’’; 

7 (2) by striking subparagraphs (A) and (B) and 

8 inserting the following— 

9 ‘‘(A)(i) in the case of a 1-family residence, 

10 the median 1-family house price in the area, as 

11 determined by the Secretary; and in the case of 

12 a 2-, 3-, or 4-family residence, the percentage 

13 of such median price that bears the same ratio 

14 to such median price as the dollar amount limi15 tation in effect under section 305(a)(2) of the 

16 Federal Home Loan Mortgage Corporation Act 

17 (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-family 

18 residence, respectively, bears to the dollar 

19 amount limitation in effect under such section 

20 for a 1-family residence; or 

21 ‘‘(ii) the dollar amount limitation deter22 mined under such section 305(a)(2) for a resi23 dence of the applicable size; except that the dol24 lar amount limitation in effect for any area 
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1 under this subparagraph may not be less than 

2 the greater of— 

3 ‘‘(I) the dollar amount limitation in 

4 effect under this section for the area on 

5 October 21, 1998, or 

6 ‘‘(II) 65 percent of the dollar limita7 tion determined under such section 

8 305(a)(2) for a residence of the applicable 

9 size; and 

10 ‘‘(B) not to exceed the appraised value of 

11 the property, plus any initial service charges, 

12 appraisal, inspection and other fees in connec13 tion with the mortgage as approved by the Sec14 retary.’’; 

15 (3) in the first undesignated paragraph— 

16 (A) by inserting ‘‘or in the case of a geo17 graphic region not encompassed within a metro18 politan statistical area established by the Office 

19 of Management and Budget, such other geo20 graphic region as determined by the Secretary’’ 

21 after ‘‘Office of Management and Budget’’; 

22 (B) by striking the second sentence (defin23 ing the term ‘‘average closing cost’’); and 

24 (C) by striking the last undesignated para25 graph. 
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1 SEC. 232. PREPAYMENT OF DEBT AND REHABILITA2 TION FUNDING. (a) Section 811(a) of the American 

3 Homeownership and Economic Opportunity Act of 2000 

4 is amended by inserting after ‘‘Cranston-Gonzalez Na5 tional Housing Act),’’ the following: ‘‘for which the Sec6 retary’s consent to prepayment is required,’’. 

7 (b)(1) Subsection (a)(1) of such Act is amended by 

8 inserting ‘‘project-based’’ after both ‘‘original loan agree9 ment or any’’ and after ‘‘1937 (or any other’’; and 

10 (2) Subsection (a)(1) of such Act is further amended 

11 by striking everything after ‘‘(12 U.S.C. 1701s))’’ and in12 serting in lieu thereof ‘‘any successor project-based rental 

13 assistance program, relating to the project, except that if, 

14 such project-based rental assistance is no longer available 

15 to the project as a result of insufficient amounts of appro16 priated funds for such purpose, or is no longer available 

17 on terms that would provide the project with income equiv18 alent to the project-based rental assistance, the project19 based rental assistance contract shall be deemed termi20 nated, including all obligations and restrictions there21 under, and the project owner may charge tenants rent suf22 ficient for the project owner to meet debt service payments 

23 and operating cost requirements approved by the Sec24 retary. Such contract termination shall be an eligibility 

25 event for purposes of section 8(t) of the United States 
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1 Housing Act of 1937 (42 U.S.C. 1437f(t)) and the tenants 

2 of such project shall be eligible for enhanced vouchers in 

3 accordance with such section; and’’. 

4 (3)(A) Subsection (a)(2) of such Act is amended by 

5 striking ‘‘a lower interest rate’’ through ‘‘to such loan’’ 

6 and inserting a new paragraph as follows: 

7 ‘‘(A) a lower interest rate on the principal 

8 of the loan for the project and in reductions in 

9 debt service related to such loan, or’’; and 

10 (B) Subsection (a)(2) of such Act is amended by add11 ing new subparagraph (B) as follows: 

12 ‘‘(B) a transaction in which the project 

13 owner will address the physical needs of the 

14 project. Any approved funding must meet a cost 

15 benefit analysis, as established by the Sec16 retary, that the benefit of the transaction out17 weighs the cost of the transaction.’’. 

18 SEC. 233. USE OF SURPLUS FEDERAL PROPERTY

19 FOR THE HOMELESS. No property identified by the Sec20 retary of Housing and Urban Development as surplus 

21 Federal property for use to assist the homeless shall be 

22 made available to any homeless group unless the group 

23 is a member in good standing under any of HUD’s home24 less assistance programs or is in good standing with any 

25 other program which receives funds from any other Fed-
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1 eral or State agency or entity: Provided, That an exception 

2 may be made for an entity not involved with Federal 

3 homeless programs to use surplus Federal property for the 

4 homeless only after the Secretary or another responsible 

5 Federal agency has fully and comprehensively reviewed all 

6 relevant finances of the entity, the track record of the enti7 ty in assisting the homeless, the ability of the entity to 

8 manage the property, including all costs, the ability of the 

9 entity to administer homeless programs in a manner that 

10 is effective to meet the needs of the homeless population 

11 that is expected to use the property and any other related 

12 issues that demonstrate a commitment to assist the home13 less: Provided further, That the Secretary shall not require 

14 the agency to have cash in hand in order to demonstrate 

15 financial ability but may rely on the entity’s prior dem16 onstrated fundraising ability or commitments for in-kind 

17 donations of goods and services: Provided further, That the 

18 Secretary shall make all such information and its decision 

19 regarding the award of the surplus property available to 

20 the committees of jurisdiction, including a full justification 

21 of the appropriateness of the use of the property to assist 

22 the homeless as well as the appropriateness of the group 

23 seeking to obtain the property to use such property to as24 sist the homeless. 
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1 SEC. 234. Notwithstanding provisions of the United 

2 States Housing Act of 1937 (Public Law 93–383), fund3 ing provided under the headings ‘‘Tenant-Based Rental 

4 Assistance’’ and ‘‘Public Housing Capital Fund’’ provided 

5 in Public Law 109–115 and Public Law 110–5 in order 

6 to assist public housing agencies located within the most 

7 heavily impacted areas of Louisiana and Mississippi that 

8 are subject to a declaration by the President of a major 

9 disaster under the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 

11 connection with Hurricane Katrina or Rita, shall remain 

12 available in fiscal year 2009 for a public housing agency 

13 to combine assistance provided under sections 9(d) and 

14 (e) of the United States Housing Act of 1937 and assist15 ance provided under section 8(o) of such Act, for the pur16 pose of facilitating the prompt, flexible and efficient use 

17 of funds provided under these sections of the Act to assist 

18 families who were receiving housing assistance under the 

19 Act immediately prior to Hurricane Katrina or Rita and 

20 were displaced from their housing by the hurricanes. 

21 SEC. 235. The Secretary of Housing and Urban De22 velopment shall increase, pursuant to this section, the 

23 number of Moving-to-Work agencies authorized under sec24 tion 204, title II, of the Departments of Veterans Affairs 

25 and Housing and Urban Development and Independent 
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1 Agencies Appropriations Act, 1996 (Public Law 104–134; 

2 110 Stat. 1321–281) by adding to the program three Pub3 lic Housing Agencies that meet the following require4 ments: is a High Performing Agency under the Public 

5 Housing Assessment System (PHAS) and is a HOPE VI 

6 agency. No PHA shall be granted this designation through 

7 this section that administers in excess of 5,000 aggregate 

8 housing vouchers and public housing units. No PHA 

9 granted this designation through this section shall receive 

10 more funding than they otherwise would have received ab11 sent this designation. 

12 This title may be cited as the ‘‘Department of Hous13 ing and Urban Development Appropriations Act, 2009’’. 

14 TITLE III 

15 RELATED AGENCIES 

16 ARCHITECTURAL AND TRANSPORTATION BARRIERS

17 COMPLIANCE BOARD

18 SALARIES AND EXPENSES

19 For expenses necessary for the Architectural and 

20 Transportation Barriers Compliance Board, as authorized 

21 by section 502 of the Rehabilitation Act of 1973, as 

22 amended, $6,550,000: Provided, That, notwithstanding 

23 any other provision of law, there may be credited to this 

24 appropriation funds received for publications and training 

25 expenses. 
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1 FEDERAL MARITIME COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Maritime 

4 Commission as authorized by section 201(d) of the Mer5 chant Marine Act, 1936, as amended (46 U.S.C. App. 

6 1111), including services as authorized by 5 U.S.C. 3109; 

7 hire of passenger motor vehicles as authorized by 31 

8 U.S.C. 1343(b); and uniforms or allowances therefor, as 

9 authorized by 5 U.S.C. 5901–5902, $23,949,000: Pro10 vided, That not to exceed $2,000 shall be available for offi11 cial reception and representation expenses. 

12 NATIONAL TRANSPORTATION SAFETY BOARD

13 SALARIES AND EXPENSES

14 For necessary expenses of the National Transpor15 tation Safety Board, including hire of passenger motor ve16 hicles and aircraft; services as authorized by 5 U.S.C. 

17 3109, but at rates for individuals not to exceed the per 

18 diem rate equivalent to the rate for a GS–15; uniforms, 

19 or allowances therefor, as authorized by law (5 U.S.C. 

20 5901–5902) $91,000,000, of which not to exceed $2,000 

21 may be used for official reception and representation ex22 penses. The amounts made available to the National 

23 Transportation Safety Board in this Act include amounts 

24 necessary to make lease payments due in fiscal year 2009 

25 only, on an obligation incurred in fiscal year 2001 for a 
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1 capital lease: Provided, That of the funds provided, up to 

2 $100,000 shall be provided through reimbursement to the 

3 Department of Transportation’s Office of Inspector Gen4 eral to audit NTSB’s financial statements. 

5 (RESCISSION)

6 Of the available unobligated balances made available 

7 under this heading in Public Law 106–246, $671,275 are 

8 rescinded. 

9 NEIGHBORHOOD REINVESTMENT CORPORATION

10 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

11 CORPORATION

12 For payment to the Neighborhood Reinvestment Cor13 poration for use in neighborhood reinvestment activities, 

14 as authorized by the Neighborhood Reinvestment Corpora15 tion Act (42 U.S.C. 8101–8107), $131,000,000, of which 

16 $5,000,000 shall be for a multi-family rental housing pro17 gram: Provided, That of the amounts made available 

18 under this heading, $6,000,000 shall be made available 

19 to conduct a consumer mortgage public education cam20 paign: Provided further, That funding amounts provided 

21 under the previous proviso shall be available for campaign 

22 development, production, and outreach activities. 

23 For an additional amount, $25,000,000 shall be 

24 made available until expended to the Neighborhood Rein25 vestment Corporation for mortgage foreclosure mitigation 

26 activities, under the following terms and conditions: 
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1 (1) The Neighborhood Reinvestment Corpora2 tion (‘‘NRC’’), shall make grants to counseling inter3 mediaries approved by the Department of Housing 

4 and Urban Development (HUD) (with match to be 

5 determined by the NRC based on affordability and 

6 the economic conditions of an area; a match also 

7 may be waived by the NRC based on the aforemen8 tioned conditions) to provide mortgage foreclosure 

9 mitigation assistance primarily to States and areas 

10 with high rates of defaults and foreclosures pri11 marily in the subprime housing market to help elimi12 nate the default and foreclosure of mortgages of 

13 owner-occupied single-family homes that are at risk 

14 of such foreclosure. Other than areas with high rates 

15 of defaults and foreclosures, grants may also be pro16 vided to approved counseling intermediaries based on 

17 a geographic analysis of the Nation by the NRC 

18 which determines where there is a prevalence of 

19 subprime mortgages that are risky and likely to fail, 

20 including any trends for mortgages that are likely to 

21 default and face foreclosure. A State Housing Fi22 nance Agency may also be eligible where the State 

23 Housing Finance Agency meets all the requirements 

24 under this paragraph. A HUD-approved counseling 

25 intermediary shall meet certain mortgage foreclosure 
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1 mitigation assistance counseling requirements, as de2 termined by the NRC, and shall be approved by 

3 HUD or the NRC as meeting these requirements. 

4 (2) Mortgage foreclosure mitigation assistance 

5 shall only be made available to homeowners of 

6 owner-occupied homes with mortgages in default or 

7 in danger of default. These mortgages shall likely be 

8 subject to a foreclosure action and homeowners will 

9 be provided such assistance that shall consist of ac10 tivities that are likely to prevent foreclosures and re11 sult in the long-term affordability of the mortgage 

12 retained pursuant to such activity or another posi13 tive outcome for the homeowner. No funds made 

14 available under this paragraph may be provided di15 rectly to lenders or homeowners to discharge out16 standing mortgage balances or for any other direct 

17 debt reduction payments. 

18 (3) The use of Mortgage Foreclosure Mitigation 

19 Assistance by approved counseling intermediaries 

20 and State Housing Finance Agencies shall involve a 

21 reasonable analysis of the borrower’s financial situa22 tion, an evaluation of the current value of the prop23 erty that is subject to the mortgage, counseling re24 garding the assumption of the mortgage by another 

25 non-Federal party, counseling regarding the possible 
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1 purchase of the mortgage by a non-Federal third 

2 party, counseling and advice of all likely restruc3 turing and refinancing strategies or the approval of 

4 a work-out strategy by all interested parties. 

5 (4) NRC may provide up to 15 percent of the 

6 total funds under this paragraph to its own charter 

7 members with expertise in foreclosure prevention 

8 counseling, subject to a certification by the NRC 

9 that the procedures for selection do not consist of 

10 any procedures or activities that could be construed 

11 as an unacceptable conflict of interest or have the 

12 appearance of impropriety. 

13 (5) HUD-approved counseling entities and 

14 State Housing Finance Agencies receiving funds 

15 under this paragraph shall have demonstrated expe16 rience in successfully working with financial institu17 tions as well as borrowers facing default, delin18 quency and foreclosure as well as documented coun19 seling capacity, outreach capacity, past successful 

20 performance and positive outcomes with documented 

21 counseling plans (including post mortgage fore22 closure mitigation counseling), loan workout agree23 ments and loan modification agreements. NRC may 

24 use other criteria to demonstrate capacity in under25 served areas. 
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1 (6) Of the total amount made available under 

2 this paragraph, up to $5,000,000 may be made 

3 available to build the mortgage foreclosure and de4 fault mitigation counseling capacity of counseling 

5 intermediaries through NRC training courses with 

6 HUD-approved counseling intermediaries and their 

7 partners, except that private financial institutions 

8 that participate in NRC training shall pay market 

9 rates for such training. 

10 (7) Of the total amount made available under 

11 this paragraph, up to 4 percent may be used for as12 sociated administrative expenses for the NRC to 

13 carry out activities provided under this section. 

14 (8) Mortgage foreclosure mitigation assistance 

15 grants may include a budget for outreach and adver16 tising, and training, as determined by the NRC. 

17 (9) The NRC shall report bi-annually to the 

18 House and Senate Committees on Appropriations as 

19 well as the Senate Banking Committee and House 

20 Financial Services Committee on its efforts to miti21 gate mortgage default. Such reports shall identify 

22 successful strategies and methods for preserving 

23 homeownership and the long-term affordability of at24 risk mortgages and shall include recommended ef25 forts that will or likely can assist in the success of 
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1 this program as well as an analysis of any policy and 

2 procedures that failed to result in successful mort3 gage foreclosure mitigation. The report shall include 

4 an analysis of the details and use of any post mitiga5 tion counseling of assisted borrowers designed to en6 sure the continued long-term affordability of the 

7 mortgages which were the subject of the mortgage 

8 foreclosure mitigation assistance. 

9 UNITED STATES INTERAGENCY COUNCIL ON

10 HOMELESSNESS

11 OPERATING EXPENSES

12 For necessary expenses (including payment of sala13 ries, authorized travel, hire of passenger motor vehicles, 

14 the rental of conference rooms, and the employment of ex15 perts and consultants under section 3109 of title 5, United 

16 States Code) of the United States Interagency Council on 

17 Homelessness in carrying out the functions pursuant to 

18 title II of the McKinney-Vento Homeless Assistance Act, 

19 as amended, $2,660,000: Provided, That no funds may be 

20 used to pay the salaries and benefits of any employee of 

21 the United States Interagency Council on Homelessness 

22 that spends more than 20 days outside of the United 

23 States while not on annual leave. 
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1 Title II of the McKinney-Vento Homeless Assistance 

2 Act, as amended, is amended in section 209 by striking 

3 ‘‘2008’’ and inserting ‘‘2012’’. 

4 TITLE IV 

5 GENERAL PROVISIONS—THIS ACT 

6 SEC. 401. Such sums as may be necessary for fiscal 

7 year 2009 pay raises for programs funded in this Act shall 

8 be absorbed within the levels appropriated in this Act or 

9 previous appropriations Acts. 

10 SEC. 402. None of the funds in this Act shall be used 

11 for the planning or execution of any program to pay the 

12 expenses of, or otherwise compensate, non-Federal parties 

13 intervening in regulatory or adjudicatory proceedings 

14 funded in this Act. 

15 SEC. 403. None of the funds appropriated in this Act 

16 shall remain available for obligation beyond the current 

17 fiscal year, nor may any be transferred to other appropria18 tions, unless expressly so provided herein. 

19 SEC. 404. The expenditure of any appropriation 

20 under this Act for any consulting service through procure21 ment contract pursuant to section 3109 of title 5, United 

22 States Code, shall be limited to those contracts where such 

23 expenditures are a matter of public record and available 

24 for public inspection, except where otherwise provided 
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1 under existing law, or under existing Executive order 

2 issued pursuant to existing law. 

3 SEC. 405. Except as otherwise provided in this Act, 

4 none of the funds provided in this Act, provided by pre5 vious appropriations Acts to the agencies or entities fund6 ed in this Act that remain available for obligation or ex7 penditure in fiscal year 2009, or provided from any ac8 counts in the Treasury derived by the collection of fees 

9 and available to the agencies funded by this Act, shall be 

10 available for obligation or expenditure through a re11 programming of funds that: (1) creates a new program; 

12 (2) eliminates a program, project, or activity; (3) increases 

13 funds or personnel for any program, project, or activity 

14 for which funds have been denied or restricted by the Con15 gress; (4) proposes to use funds directed for a specific ac16 tivity by either the House or Senate Committees on Ap17 propriations for a different purpose; (5) augments existing 

18 programs, projects, or activities in excess of $5,000,000 

19 or 10 percent, whichever is less; (6) reduces existing pro20 grams, projects, or activities by $5,000,000 or 10 percent, 

21 whichever is less; or (7) creates, reorganizes, or restruc22 tures a branch, division, office, bureau, board, commis23 sion, agency, administration, or department different from 

24 the budget justifications submitted to the Committees on 

25 Appropriations or the table accompanying the explanatory 
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1 statement accompanying this Act, whichever is more de2 tailed, unless prior approval is received from the House 

3 and Senate Committees on Appropriations: Provided, That 

4 not later than 60 days after the date of enactment of this 

5 Act, each agency funded by this Act shall submit a report 

6 to the Committees on Appropriations of the Senate and 

7 of the House of Representatives to establish the baseline 

8 for application of reprogramming and transfer authorities 

9 for the current fiscal year: Provided further, That the re10 port shall include: (1) a table for each appropriation with 

11 a separate column to display the President’s budget re12 quest, adjustments made by Congress, adjustments due to 

13 enacted rescissions, if appropriate, and the fiscal year en14 acted level; (2) a delineation in the table for each appro15 priation both by object class and program, project, and 

16 activity as detailed in the budget appendix for the respec17 tive appropriation; and (3) an identification of items of 

18 special congressional interest: Provided further, That the 

19 amount appropriated or limited for salaries and expenses 

20 for an agency shall be reduced by $100,000 per day for 

21 each day after the required date that the report has not 

22 been submitted to the Congress. 

23 SEC. 406. Except as otherwise specifically provided 

24 by law, not to exceed 50 percent of unobligated balances 

25 remaining available at the end of fiscal year 2009 from 
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1 appropriations made available for salaries and expenses 

2 for fiscal year 2009 in this Act, shall remain available 

3 through September 30, 2010, for each such account for 

4 the purposes authorized: Provided, That a request shall 

5 be submitted to the Committees on Appropriations for ap6 proval prior to the expenditure of such funds: Provided 

7 further, That these requests shall be made in compliance 

8 with reprogramming guidelines. 

9 SEC. 407. All Federal agencies and departments that 

10 are funded under this Act shall issue a report to the House 

11 and Senate Committees on Appropriations on all sole 

12 source contracts by no later than July 31, 2008. Such re13 port shall include the contractor, the amount of the con14 tract and the rationale for using a sole source contract. 

15 SEC. 408. (a) None of the funds made available in 

16 this Act may be obligated or expended for any employee 

17 training that— 

18 (1) does not meet identified needs for knowl19 edge, skills, and abilities bearing directly upon the 

20 performance of official duties; 

21 (2) contains elements likely to induce high lev22 els of emotional response or psychological stress in 

23 some participants; 
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1 (3) does not require prior employee notification 

2 of the content and methods to be used in the train3 ing and written end of course evaluation; 

4 (4) contains any methods or content associated 

5 with religious or quasi-religious belief systems or 

6 ‘‘new age’’ belief systems as defined in Equal Em7 ployment Opportunity Commission Notice N– 

8 915.022, dated September 2, 1988; or 

9 (5) is offensive to, or designed to change, par10 ticipants’ personal values or lifestyle outside the 

11 workplace. 

12 (b) Nothing in this section shall prohibit, restrict, or 

13 otherwise preclude an agency from conducting training 

14 bearing directly upon the performance of official duties. 

15 SEC. 409. No funds in this Act may be used to sup16 port any Federal, State, or local projects that seek to use 

17 the power of eminent domain, unless eminent domain is 

18 employed only for a public use: Provided, That for pur19 poses of this section, public use shall not be construed to 

20 include economic development that primarily benefits pri21 vate entities: Provided further, That any use of funds for 

22 mass transit, railroad, airport, seaport or highway projects 

23 as well as utility projects which benefit or serve the gen24 eral public (including energy-related, communication-re25 lated, water-related and wastewater-related infrastruc-
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1 ture), other structures designated for use by the general 

2 public or which have other common-carrier or public-util3 ity functions that serve the general public and are subject 

4 to regulation and oversight by the government, and 

5 projects for the removal of an immediate threat to public 

6 health and safety or brownsfield as defined in the Small 

7 Business Liability Relief and Brownsfield Revitalization 

8 Act (Public Law 107–118) shall be considered a public 

9 use for purposes of eminent domain. 

10 SEC. 410. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 411. No part of any appropriation contained in 

16 this Act shall be available to pay the salary for any person 

17 filling a position, other than a temporary position, for18 merly held by an employee who has left to enter the Armed 

19 Forces of the United States and has satisfactorily com20 pleted his period of active military or naval service, and 

21 has within 90 days after his release from such service or 

22 from hospitalization continuing after discharge for a pe23 riod of not more than 1 year, made application for restora24 tion to his former position and has been certified by the 

25 Office of Personnel Management as still qualified to per-
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1 form the duties of his former position and has not been 

2 restored thereto. 

3 SEC. 412. No funds appropriated pursuant to this 

4 Act may be expended by an entity unless the entity agrees 

5 that in expending the assistance the entity will comply 

6 with sections 2 through 4 of the Act of March 3, 1933 

7 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer8 ican Act’’). 

9 SEC. 413. No funds appropriated or otherwise made 

10 available under this Act shall be made available to any 

11 person or entity that has been convicted of violating the 

12 Buy American Act (41 U.S.C. 10a–10c). 

13 This Act may be cited as the ‘‘Transportation, Hous14 ing and Urban Development, and Related Agencies Appro15 priations Act, 2009’’. 
Calendar No. 878 

110TH CONGRESS 

2D SESSION S. 3261 

[Report No. 110–418] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2009, and for other purment, and related agencies for the fiscal year Transportation and Housing and Urban DevelopJULY 14, 2008 

Read twice and placed on the calendar