II 

Calendar No. 272 

110TH CONGRESS 

1ST SESSION S. 1789 

[Report No. 110–131] 

Making appropriations for the Departments of Transportation and Housing 

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

September 30, 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2007 

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, 2008, 

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, 2008, 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 $95,197,000, of which not to exceed $2,314,274 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $736,833 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $18,719,099 

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

13 not to exceed $11,874,050 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $10,416,963 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,384,312 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $24,007,990 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $1,987,803 shall be available for the Office of Public Af22 fairs; not to exceed $1,534,557 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $1,334,596 shall be available for the Office of Small and 

25 Disadvantaged Business Utilization; not to exceed 
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1 $8,299,072 for the Office of Intelligence, Security, and 

2 Emergency Response; and not to exceed $11,587,000 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. 

22 OFFICE OF CIVIL RIGHTS

23 For necessary expenses of the Office of Civil Rights, 

24 $9,140,900. 
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation 

4 planning, research, systems development, development ac5 tivities, and making grants, to remain available until ex6 pended, $14,115,000. 

7 WORKING CAPITAL FUND

8 Necessary expenses for operating costs and capital 

9 outlays of the Working Capital Fund, not to exceed 

10 $128,094,000, shall be paid from appropriations made 

11 available to the Department of Transportation: Provided, 

12 That such services shall be provided on a competitive basis 

13 to entities within the Department of Transportation: Pro14 vided further, That the above limitation on operating ex15 penses shall not apply to non-DOT entities: Provided fur16 ther, That no funds appropriated in this Act to an agency 

17 of the Department shall be transferred to the Working 

18 Capital Fund without the approval of the agency modal 

19 administrator: Provided further, That no assessments may 

20 be levied against any program, budget activity, subactivity 

21 or project funded by this Act unless notice of such assess22 ments and the basis therefor are presented to the House 

23 and Senate Committees on Appropriations and are ap24 proved by such Committees. 
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1 MINORITY BUSINESS RESOURCE CENTER PROGRAM

2 For the cost of guaranteed loans, $370,000, as au3 thorized by 49 U.S.C. 332: Provided, That such costs, in4 cluding the cost of modifying such loans, shall be as de5 fined in section 502 of the Congressional Budget Act of 

6 1974: Provided further, That these funds are available to 

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

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

9 administrative expenses to carry out the guaranteed loan 

10 program, $521,000. 

11 MINORITY BUSINESS OUTREACH

12 For necessary expenses of Minority Business Re13 source Center outreach activities, $2,970,000, to remain 

14 available until September 30, 2009: Provided, That not15 withstanding 49 U.S.C. 332, these funds may be used for 

16 business opportunities related to any mode of transpor17 tation. 

18 PAYMENTS TO AIR CARRIERS

19 (AIRPORT AND AIRWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 In addition to funds made available from any other 

22 source to carry out the essential air service program under 

23 49 U.S.C. 41731 through 41742, $60,000,000, to be de24 rived from the Airport and Airway Trust Fund, to remain 

25 available until expended: Provided, That, in determining 

26 between or among carriers competing to provide service 
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1 to a community, the Secretary may consider the relative 

2 subsidy requirements of the carriers: Provided further, 

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

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

5 current fiscal year, the Secretary shall transfer such sums 

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

7 program from any available amounts appropriated to or 

8 directly administered by the Office of the Secretary for 

9 such fiscal year. 

10 COMPENSATION FOR AIR CARRIERS

11 (RESCISSION)

12 Of the remaining unobligated balances under section 

13 101(a)(2) of Public Law 107–42, $22,000,000 are re14 scinded. 

15 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

16 SECRETARY OF TRANSPORTATION

17 SEC. 101. The Secretary of Transportation is author18 ized to transfer the unexpended balances available for the 

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

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

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

22 Act to the Department of Transportation may be obligated 

23 for the Office of the Secretary of Transportation to ap24 prove assessments or reimbursable agreements pertaining 

25 to funds appropriated to the modal administrations in this 

26 Act, except for activities underway on the date of enact-
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1 ment of this Act, unless such assessments or agreements 

2 have completed the normal reprogramming process for 

3 Congressional notification. 

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

5 this Act may be obligated or expended to establish or im6 plement a program under which essential air service com7 munities are required to assume subsidy costs commonly 

8 referred to as the EAS local participation program. 

9 FEDERAL AVIATION ADMINISTRATION

10 OPERATIONS

11 (AIRPORT AND AIRWAY TRUST FUND)

12 For necessary expenses of the Federal Aviation Ad13 ministration, not otherwise provided for, including oper14 ations and research activities related to commercial space 

15 transportation, administrative expenses for research and 

16 development, establishment of air navigation facilities, the 

17 operation (including leasing) and maintenance of aircraft, 

18 subsidizing the cost of aeronautical charts and maps sold 

19 to the public, lease or purchase of passenger motor vehi20 cles for replacement only, in addition to amounts made 

21 available by Public Law 108–176, $8,761,783,000, of 

22 which $6,400,580,000 shall be derived from the Airport 

23 and Airway Trust Fund, of which not to exceed 

24 $6,964,813,000 shall be available for air traffic organiza25 tion activities; not to exceed $1,092,103,000 shall be avail26 able for aviation safety activities; not to exceed 
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1 $12,837,437 shall be available for commercial space trans2 portation activities; not to exceed $103,848,661 shall be 

3 available for financial services activities; not to exceed 

4 $91,214,239 shall be available for human resources pro5 gram activities; not to exceed $290,872,359 shall be avail6 able for region and center operations and regional coordi7 nation activities; not to exceed $166,541,633 shall be 

8 available for staff offices; and not to exceed $39,552,285 

9 shall be available for information services: Provided, That 

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

11 aviation safety budget activity, may be transferred to any 

12 budget activity under this heading: Provided further, That 

13 no transfer may increase or decrease any appropriation 

14 by more than 2 percent: Provided further, That any trans15 fer in excess of 2 percent shall be treated as a reprogram16 ming of funds under section 405 of this Act and shall not 

17 be available for obligation or expenditure except in compli18 ance with the procedures set forth in that section: Pro19 vided further, That the Secretary utilize not less than 

20 $20,000,000 of the funds provided for aviation safety ac21 tivities to pay for staff increases in the Office of Aviation 

22 Flight Standards and the Office of Aircraft Certification: 

23 Provided further, That none of the funds provided for in24 creases to the staffs of the aviation flight standards and 

25 aircraft certification offices shall be used for other pur-
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1 poses: Provided further, That not later than March 31 of 

2 each fiscal year hereafter, the Administrator of the Fed3 eral Aviation Administration shall transmit to Congress 

4 an annual update to the report submitted to Congress in 

5 December 2004 pursuant to section 221 of Public Law 

6 108–176: Provided further, That the amount herein appro7 priated shall be reduced by $100,000 for each day after 

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

9 Congress: Provided further, That not later than March 31 

10 of each fiscal year hereafter, the Administrator shall 

11 transmit to Congress a companion report that describes 

12 a comprehensive strategy for staffing, hiring, and training 

13 flight standards and aircraft certification staff in a format 

14 similar to the one utilized for the controller staffing plan, 

15 including stated attrition estimates and numerical hiring 

16 goals by fiscal year: Provided further, That the amount 

17 herein appropriated shall be reduced by $100,000 per day 

18 for each day after March 31 that such report has not been 

19 submitted to Congress: Provided further, That none of the 

20 funds in this Act shall be available for the Federal Avia21 tion Administration to finalize or implement any regula22 tion that would promulgate new aviation user fees not spe23 cifically authorized by law after the date of the enactment 

24 of this Act: Provided further, That there may be credited 

25 to this appropriation funds received from States, counties, 
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1 municipalities, foreign authorities, other public authori2 ties, and private sources, for expenses incurred in the pro3 vision of agency services, including receipts for the mainte4 nance and operation of air navigation facilities, and for 

5 issuance, renewal or modification of certificates, including 

6 airman, aircraft, and repair station certificates, or for 

7 tests related thereto, or for processing major repair or al8 teration forms: Provided further, That of the funds appro9 priated under this heading, not less than $8,500,000 shall 

10 be for the contract tower cost-sharing program: Provided 

11 further, That none of the funds in this Act shall be avail12 able for paying premium pay under 5 U.S.C. 5546(a) to 

13 any Federal Aviation Administration employee unless such 

14 employee actually performed work during the time cor15 responding to such premium pay: Provided further, That 

16 none of the funds in this Act for aeronautical charting 

17 and cartography are available for activities conducted by, 

18 or coordinated through, the Working Capital Fund: Pro19 vided further, That none of the funds in this Act may be 

20 obligated or expended for an employee of the Federal 

21 Aviation Administration to purchase a store gift card or 

22 gift certificate through use of a Government-issued credit 

23 card. 
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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of air navi6 gation and experimental facilities and equipment, as au7 thorized under part A of subtitle VII of title 49, United 

8 States Code, including initial acquisition of necessary sites 

9 by lease or grant; engineering and service testing, includ10 ing construction of test facilities and acquisition of nec11 essary sites by lease or grant; construction and furnishing 

12 of quarters and related accommodations for officers and 

13 employees of the Federal Aviation Administration sta14 tioned at remote localities where such accommodations are 

15 not available; and the purchase, lease, or transfer of air16 craft from funds available under this heading, including 

17 aircraft for aviation regulation and certification; to be de18 rived from the Airport and Airway Trust Fund, 

19 $2,516,920,000, of which $2,056,947,000 shall remain 

20 available until September 30, 2010, and of which 

21 $459,973,000 shall remain available until September 30, 

22 2008: Provided, That there may be credited to this appro23 priation funds received from States, counties, municipali24 ties, other public authorities, and private sources, for ex25 penses incurred in the establishment and modernization 

26 of air navigation facilities: Provided further, That upon ini-
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1 tial submission to the Congress of the fiscal year 2009 

2 President’s budget, the Secretary of Transportation shall 

3 transmit to the Congress a comprehensive capital invest4 ment plan for the Federal Aviation Administration which 

5 includes funding for each budget line item for fiscal years 

6 2009 through 2013, with total funding for each year of 

7 the plan constrained to the funding targets for those years 

8 as estimated and approved by the Office of Management 

9 and Budget. 

10 RESEARCH, ENGINEERING, AND DEVELOPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 For necessary expenses, not otherwise provided for, 

13 for research, engineering, and development, as authorized 

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

15 Code, including construction of experimental facilities and 

16 acquisition of necessary sites by lease or grant, 

17 $148,800,000, to be derived from the Airport and Airway 

18 Trust Fund and to remain available until September 30, 

19 2010: Provided, That there may be credited to this appro20 priation as offsetting collections, funds received from 

21 States, counties, municipalities, other public authorities, 

22 and private sources, which shall be available for expenses 

23 incurred for research, engineering, and development. 
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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For liquidation of obligations incurred for grants-in6 aid for airport planning and development, and noise com7 patibility planning and programs as authorized under sub8 chapter I of chapter 471 and subchapter I of chapter 475 

9 of title 49, United States Code, and under other law au10 thorizing such obligations; for procurement, installation, 

11 and commissioning of runway incursion prevention devices 

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

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

14 for inspection activities and administration of airport safe15 ty programs, including those related to airport operating 

16 certificates under section 44706 of title 49, United States 

17 Code, $4,399,000,000 to be derived from the Airport and 

18 Airway Trust Fund and to remain available until ex19 pended: Provided, That none of the funds under this head20 ing shall be available for the planning or execution of pro21 grams the obligations for which are in excess of 

22 $3,514,500,000 in fiscal year 2008, notwithstanding sec23 tion 47117(g) of title 49, United States Code: Provided 

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

25 be available for the replacement of baggage conveyor sys26 tems, reconfiguration of terminal baggage areas, or other 
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1 airport improvements that are necessary to install bulk ex2 plosive detection systems: Provided further, That notwith3 standing any other provision of law, of funds limited under 

4 this heading, not more than $80,676,000 shall be obli5 gated for administration, not less than $10,000,000 shall 

6 be available for the airport cooperative research program, 

7 not less than $18,712,000 shall be for Airport Technology 

8 Research and $10,000,000 shall be available and trans9 ferred to the account available to administer the small 

10 community air service development program, to remain 

11 available until expended. 

12 (RESCISSION)

13 Of the amounts authorized for the fiscal year ending 

14 September 30, 2007, and prior years under sections 

15 48103 and 48112 of title 49, United States Code, 

16 $185,500,000 are rescinded. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

18 ADMINISTRATION

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

20 to compensate in excess of 375 technical staff-years under 

21 the federally funded research and development center con22 tract between the Federal Aviation Administration and the 

23 Center for Advanced Aviation Systems Development dur24 ing fiscal year 2008. 

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

26 to pursue or adopt guidelines or regulations requiring air-
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1 port sponsors to provide to the Federal Aviation Adminis2 tration without cost building construction, maintenance, 

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

4 buildings for services relating to air traffic control, air 

5 navigation, or weather reporting: Provided, That the pro6 hibition of funds in this section does not apply to negotia7 tions between the agency and airport sponsors to achieve 

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

9 grant assurances that require airport sponsors to provide 

10 land without cost to the FAA for air traffic control facili11 ties. 

12 SEC. 112. The Administrator of the Federal Aviation 

13 Administration may reimburse amounts made available to 

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

15 49 U.S.C. 45303: Provided, That during fiscal year 2008, 

16 49 U.S.C. 41742(b) shall not apply, and any amount re17 maining in such account at the close of that fiscal year 

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

19 the subsequent fiscal year. 

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

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

22 appropriation current at the time of collection, to be 

23 merged with and available for the same purposes of such 

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

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

3 it appears and inserting ‘‘2008,’’. 

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

5 striking ‘‘2006,’’ and inserting ‘‘2008,’’. 

6 (c) Section 44310 of such title is amended by striking 

7 ‘‘March 30, 2008’’ and inserting ‘‘December 31, 2008’’. 

8 SEC. 115. (a) IN GENERAL.—A pilot who has at9 tained 60 years of age may serve as a pilot of an aircraft 

10 operated by an air carrier engaged in operations under 

11 part 121 of title 14, Code of Federal Regulations, until 

12 attaining 65 years of age only if the pilot serves— 

13 (1) as a required pilot in multi-crew aircraft op14 erations; and 

15 (2) with another pilot serving as a required 

16 pilot in such multi-crew aircraft operations who has 

17 not yet attained 60 years of age. 

18 (b) SUNSET OF AGE-60 RULE.— 

19 (1) IN GENERAL.—Section 121.383(c) of title 

20 14, Code of Federal Regulations shall have no fur21 ther force or effect. 

22 (2) REGULATIONS.—Not later than 30 days 

23 after paragraph (1) takes effect, the Secretary of 

24 Transportation shall take such action as may be nec25 essary to implement paragraph (1) and to modify 
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1 the regulations relating to pilot privileges by reason 

2 of age. 

3 (c) APPLICABILITY.—The provisions of subsection (a) 

4 shall not provide a basis for a claim of seniority under 

5 any labor agreement in effect between a recognized bar6 gaining unit for pilots and an air carrier engaged in oper7 ations under part 121 of title 14, Code of Federal Regula8 tions, that is made by a person who was a pilot and who 

9 attained 60 years of age before this section takes effect 

10 and is seeking a position as a pilot with such air carrier 

11 following that person’s termination or cessation of employ12 ment or promotion or transfer to another position with 

13 such air carrier pursuant to section 121.383(c) of title 14, 

14 Code of Federal Regulations, as in effect on the day before 

15 the effective date of this section. 

16 (d) GAO REPORT AFTER MODIFICATION OF AGE-60 

17 STANDARD.—Not later than 24 months after the effective 

18 date described in subsection (e), the Comptroller General 

19 of the United States shall report to the Senate Committee 

20 on Commerce, Science, and Transportation and the House 

21 of Representatives Committee on Transportation and In22 frastructure concerning the effect on aviation safety, if 

23 any, of the modification of the age standard contained in 

24 subsection (a). 
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1 (e) EFFECTIVE DATE.—This section shall take effect 

2 30 days after the date of the enactment of this Act. 

3 FEDERAL HIGHWAY ADMINISTRATION

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 Not to exceed $377,556,000, together with advances 

6 and reimbursements received by the Federal Highway Ad7 ministration, shall be paid in accordance with law from 

8 appropriations made available by this Act to the Federal 

9 Highway Administration for necessary expenses for ad10 ministration and operation. 

11 FEDERAL-AID HIGHWAYS

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 (INCLUDING TRANSFER OF FUNDS)

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

16 the implementation or execution of programs, the obliga17 tions for which are in excess of $40,216,051,359 for Fed18 eral-aid highways and highway safety construction pro19 grams for fiscal year 2008: Provided, That within the 

20 $40,216,051,359 obligation limitation on Federal-aid 

21 highways and highway safety construction programs, not 

22 more than $429,800,000 shall be available for the imple23 mentation or execution of programs for transportation re24 search (chapter 5 of title 23, United States Code; sections 

25 111, 5505, and 5506 of title 49, United States Code; and 

26 title 5 of Public Law 109–59) for fiscal year 2008: Pro-
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1 vided further, That this limitation on transportation re2 search programs shall not apply to any authority pre3 viously made available for obligation: Provided further, 

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

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

6 cover the costs of services of expert firms, including coun7 sel, in the field of municipal and project finance to assist 

8 in the underwriting and servicing of Federal credit instru9 ments and all or a portion of the costs to the Federal gov10 ernment of servicing such credit instruments: Provided 

11 further, That such fees are available until expended to pay 

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

13 in addition to administrative expenses that are also avail14 able for such purpose, and are not subject to any obliga15 tion limitation or the limitation on administrative expenses 

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

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (HIGHWAY TRUST FUND)

19 Notwithstanding any other provision of law, for car20 rying out the provisions of title 23, United States Code, 

21 that are attributable to Federal-aid highways, not other22 wise provided, including reimbursement for sums ex23 pended pursuant to the provisions of 23 U.S.C. 308, 

24 $40,955,051,359 or so much thereof as may be available 

25 in and derived from the Highway Trust Fund (other than 
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1 the Mass Transit Account), to remain available until ex2 pended. 

3 (RESCISSION)

4 (HIGHWAY TRUST FUND)

5 Of the unobligated balances of funds apportioned to 

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

7 Code, $2,890,000,000 are rescinded: Provided, That such 

8 rescission shall not apply to the funds distributed in ac9 cordance with sections 130(f) and 104(b)(5) of title 23, 

10 United States Code; sections 133(d)(1) and 163 of such 

11 title, as in effect on the day before the date of enactment 

12 of Public Law 109–59; and the first sentence of section 

13 133(d)(3)(A) of such title. 

14 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

15 For necessary expenses for West Virginia corridor H 

16 of the Appalachian Development Highway System as au17 thorized under section 1069(y) of Public Law 102–240, 

18 as amended, $20,000,000, to remain available until ex19 pended. 

20 DELTA REGIONAL TRANSPORTATION DEVELOPMENT

21 PROGRAM

22 For necessary expenses for the Delta Regional Trans23 portation Development Program as authorized under sec24 tion 1308 of Public Law 109–59, $20,000,000, to remain 

25 available until expended. 
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1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 120. (a) For fiscal year 2008, the Secretary of 

4 Transportation shall— 

5 (1) not distribute from the obligation limitation 

6 for Federal-aid highways amounts authorized for ad7 ministrative expenses and programs by section 

8 104(a) of title 23, United States Code; programs 

9 funded from the administrative takedown authorized 

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

11 (as in effect on the date before the date of enact12 ment of the Safe, Accountable, Flexible, Efficient 

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

14 highway use tax evasion program; amounts des15 ignated under section 124; and the Bureau of 

16 Transportation Statistics; 

17 (2) not distribute an amount from the obliga18 tion limitation for Federal-aid highways that is equal 

19 to the unobligated balance of amounts made avail20 able from the Highway Trust Fund (other than the 

21 Mass Transit Account) for Federal-aid highways and 

22 highway safety programs for previous fiscal years 

23 the funds for which are allocated by the Secretary; 

24 (3) determine the ratio that— 
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1 (A) the obligation limitation for Federal2 aid highways, less the aggregate of amounts not 

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

4 to 

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

6 appropriated for Federal-aid highways and 

7 highway safety construction programs (other 

8 than sums authorized to be appropriated for 

9 provisions of law described in paragraphs (1) 

10 through (9) of subsection (b) and sums author11 ized to be appropriated for section 105 of title 

12 23, United States Code, equal to the amount 

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

14 year), less the aggregate of the amounts not 

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

16 this subsection; 

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

18 Federal-aid highways, less the aggregate amounts 

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

20 sections 1301, 1302, and 1934 of the Safe, Account21 able, Flexible, Efficient Transportation Equity Act: 

22 A Legacy for Users; sections 117 (but individually 

23 for each project numbered 1 through 3676 listed in 

24 the table contained in section 1702 of the Safe, Ac25 countable, Flexible, Efficient Transportation Equity 
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1 Act: A Legacy for Users) and 144(g) of title 23, 

2 United States Code; and section 14501 of title 40, 

3 United States Code, so that the amount of obliga4 tion authority available for each of such sections is 

5 equal to the amount determined by multiplying the 

6 ratio determined under paragraph (3) by the sums 

7 authorized to be appropriated for that section for 

8 the fiscal year; and 

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

10 of title 23, United States Code; 

11 (5) distribute the obligation limitation provided 

12 for Federal-aid highways, less the aggregate 

13 amounts not distributed under paragraphs (1) and 

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

15 for each of the programs that are allocated by the 

16 Secretary under the Safe, Accountable, Flexible, Ef17 ficient Transportation Equity Act: A Legacy for 

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

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

20 by multiplying the ratio determined under paragraph 

21 (3) by the amounts authorized to be appropriated 

22 for each such program for such fiscal year; and 

23 (6) distribute the obligation limitation provided 

24 for Federal-aid highways, less the aggregate 

25 amounts not distributed under paragraphs (1) and 
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1 (2) and amounts distributed under paragraphs (4) 

2 and (5), for Federal-aid highways and highway safe3 ty construction programs (other than the amounts 

4 apportioned for the equity bonus program, but only 

5 to the extent that the amounts apportioned for the 

6 equity bonus program for the fiscal year are greater 

7 than $2,639,000,000, and the Appalachian develop8 ment highway system program) that are apportioned 

9 by the Secretary under the Safe, Accountable, Flexi10 ble, Efficient Transportation Equity Act: A Legacy 

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

12 ratio that— 

13 (A) amounts authorized to be appropriated 

14 for such programs that are apportioned to each 

15 State for such fiscal year, bear to 

16 (B) the total of the amounts authorized to 

17 be appropriated for such programs that are ap18 portioned to all States for such fiscal year. 

19 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

20 The obligation limitation for Federal-aid highways shall 

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

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

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

24 9 of the Federal-Aid Highway Act of 1981; (4) under sub25 sections (b) and (j) of section 131 of the Surface Trans-
25 

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1 portation Assistance Act of 1982; (5) under subsections 

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

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

4 sections 1103 through 1108 of the Intermodal Surface 

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

6 157 of title 23, United States Code, as in effect on the 

7 day before the date of the enactment of the Transpor8 tation Equity Act for the 21st Century; (8) under section 

9 105 of title 23, United States Code, as in effect for fiscal 

10 years 1998 through 2004, but only in an amount equal 

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

12 Federal-aid highway programs for which obligation au13 thority was made available under the Transportation Eq14 uity Act for the 21st Century or subsequent public laws 

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

16 only to the extent that the obligation authority has not 

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

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

19 $639,000,000 for each of fiscal years 2005 through 2008; 

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

21 Flexible, Efficient Transportation Equity Act: A Legacy 

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

23 with that section were not subject to a limitation on obli24 gations at the time at which the funds were initially made 

25 available for obligation. 
26 

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1 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU2 THORITY.—Notwithstanding subsection (a), the Secretary 

3 shall, after August 1 of such fiscal year, revise a distribu4 tion of the obligation limitation made available under sub5 section (a) if the amount distributed cannot be obligated 

6 during that fiscal year and redistribute sufficient amounts 

7 to those States able to obligate amounts in addition to 

8 those previously distributed during that fiscal year, giving 

9 priority to those States having large unobligated balances 

10 of funds apportioned under sections 104 and 144 of title 

11 23, United States Code. 

12 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

13 TRANSPORTATION RESEARCH PROGRAMS.—The obliga14 tion limitation shall apply to transportation research pro15 grams carried out under chapter 5 of title 23, United 

16 States Code, and title V (research title) of the Safe, Ac17 countable, Flexible, Efficient Transportation Equity Act: 

18 A Legacy for Users, except that obligation authority made 

19 available for such programs under such limitation shall re20 main available for a period of 3 fiscal years and shall be 

21 in addition to the amount of any limitation imposed on 

22 obligations for Federal-aid highway and highway safety 

23 construction programs for future fiscal years. 

24 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

25 FUNDS.— 
27 

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

2 the date of the distribution of obligation limitation 

3 under subsection (a), the Secretary shall distribute 

4 to the States any funds that— 

5 (A) are authorized to be appropriated for 

6 such fiscal year for Federal-aid highways pro7 grams; and 

8 (B) the Secretary determines will not be 

9 allocated to the States, and will not be available 

10 for obligation, in such fiscal year due to the im11 position of any obligation limitation for such 

12 fiscal year. 

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

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

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

16 (3) AVAILABILITY.—Funds distributed under 

17 paragraph (1) shall be available for any purposes de18 scribed in section 133(b) of title 23, United States 

19 Code. 

20 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli21 gation limitation distributed for a fiscal year under sub22 section (a)(4) for the provision specified in subsection 

23 (a)(4) shall— 

24 (1) remain available until used for obligation of 

25 funds for that provision; and 
28 

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1 (2) be in addition to the amount of any limita2 tion imposed on obligations for Federal-aid highway 

3 and highway safety construction programs for future 

4 fiscal years. 

5 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

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

7 obligation authority distributed for such fiscal year 

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

9 through 3676 listed in the table contained in section 

10 1702 of the Safe, Accountable, Flexible, Efficient 

11 Transportation Equity Act: A Legacy for Users may 

12 be obligated for any other project in such section in 

13 the same State. 

14 (2) RESTORATION.—Obligation authority used 

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

16 the original purpose on the date on which obligation 

17 authority is distributed under this section for the 

18 next fiscal year following obligation under paragraph 

19 (1). 

20 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

21 Nothing in this section shall be construed to limit the dis22 tribution of obligation authority under subsection 

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

24 greater than 3676 listed in the table contained in section 
29 

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1 1702 of the Safe, Accountable, Flexible, Efficient Trans2 portation Equity Act: A Legacy for Users. 

3 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re4 ceived by the Bureau of Transportation Statistics from the 

5 sale of data products, for necessary expenses incurred pur6 suant to 49 U.S.C. 111 may be credited to the Federal7 aid highways account for the purpose of reimbursing the 

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

9 be subject to the obligation limitation for Federal-aid 

10 highways and highway safety construction. 

11 (RESCISSION)

12 SEC. 122. Of the amounts made available under sec13 tion 104(a) of title 23, United States Code, $43,358,601 

14 are rescinded. 

15 (RESCISSION)

16 SEC. 123. Of the unobligated balances made available 

17 under section 188(a)(1) of title 23, United States Code, 

18 as in effect on the day before the date of enactment of 

19 Public Law 109–59, and under section 608(a)(1) of such 

20 title, $187,146,000 are rescinded. 

21 SEC. 124. Notwithstanding any other provision of 

22 law, funds authorized under section 110 of title 23, United 

23 States Code, for fiscal year 2008 shall be designated for 

24 projects and competitive initiatives as listed in the report 

25 accompanying this Act. 
30 

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1 SEC. 125. Not less than 15 days prior to waiving, 

2 under her statutory authority, any Buy America require3 ment for Federal-aid highway projects, the Secretary of 

4 Transportation shall make an informal public notice and 

5 comment opportunity on the intent to issue such waiver 

6 and the reasons therefor. The Secretary shall provide an 

7 annual report to the Appropriations Committees of the 

8 Congress on any waivers granted under the Buy America 

9 requirements. 

10 SEC. 126. Notwithstanding section 378 of the De11 partment of Transportation and Related Agencies Appro12 priations Act, 2001 (Public Law 106–346; 114 Stat. 

13 1356A–38), amounts made available under that section 

14 for a project for construction of and improvements to 

15 North Shore Road in Swain County, North Carolina, that 

16 remain unobligated and unexpended after issuance of the 

17 record of decision for that project may be used to imple18 ment the selected alternative included in the record of de19 cision. 

20 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

21 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

22 (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 (LIMITATION ON OBLIGATIONS)

24 (HIGHWAY TRUST FUND)

25 For payment of obligations incurred for administra26 tion of motor carrier safety operations and programs pur-
31 

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1 suant to section 31104(i) of title 49, United States Code, 

2 and sections 4127 and 4134 of Public Law 109–59, 

3 $231,469,553, to be derived from the Highway Trust 

4 Fund (other than the Mass Transit Account), together 

5 with advances and reimbursements received by the Fed6 eral Motor Carrier Safety Administration, the sum of 

7 which shall remain available until expended: Provided, 

8 That none of the funds derived from the Highway Trust 

9 Fund in this Act shall be available for the implementation, 

10 execution or administration of programs, the obligations 

11 for which are in excess of $231,469,553, for ‘‘Motor Car12 rier Safety Operations and Programs’’, of which 

13 $7,550,000, to remain available for obligation until Sep14 tember 30, 2010, is for the research and technology pro15 gram and $1,000,000 shall be available for commercial 

16 motor vehicle operator’s grants to carry out section 4134 

17 of Public Law 109–59: Provided further, That notwith18 standing any other provision of law, none of the funds 

19 under this heading for outreach and education shall be 

20 available for transfer. 
32 

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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (INCLUDING RESCISSION)

6 For payment of obligations incurred in carrying out 

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

8 31313 of title 49, United States Code, and sections 4126 

9 and 4128 of Public Law 109–59, $300,000,000, to be de10 rived from the Highway Trust Fund (other than the Mass 

11 Transit Account) and to remain available until expended: 

12 Provided, That none of the funds in this Act shall be avail13 able for the implementation or execution of programs, the 

14 obligations for which are in excess of $300,000,000, for 

15 ‘‘Motor Carrier Safety Grants’’; of which $202,000,000 

16 shall be available for the motor carrier safety assistance 

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

18 49, United States Code; $25,000,000 shall be available for 

19 the commercial driver’s license improvements program to 

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

21 $32,000,000 shall be available for the border enforcement 

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

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

24 performance and registration information system manage25 ment program to carry out sections 31106(b) and 31109 

26 of title 49, United States Code; $25,000,000 shall be 
33 

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1 available for the commercial vehicle information systems 

2 and networks deployment program to carry out section 

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

4 for the safety data improvement program to carry out sec5 tion 4128 of Public Law 109–59; and $8,000,000 shall 

6 be available for the commercial driver’s license information 

7 system modernization program to carry out section 

8 31309(e) of title 49, United States Code: Provided further, 

9 That of the funds made available for the motor carrier 

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

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

12 That $11,260,214 in unobligated balances are rescinded. 

13 MOTOR CARRIER SAFETY

14 (HIGHWAY TRUST FUND)

15 (RESCISSION)

16 Of the amounts made available under this heading 

17 in prior appropriations Acts, $32,187,720 in unobligated 

18 balances are rescinded. 

19 NATIONAL MOTOR CARRIER SAFETY PROGRAM

20 (HIGHWAY TRUST FUND)

21 (RESCISSION)

22 Of the amounts made available under this hearing in 

23 prior appropriations Act, $5,212,858 in unobligated bal24 ances are rescinded. 
34 

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1 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

2 SAFETY ADMINISTRATION

3 SEC. 130. Funds appropriated or limited in this Act 

4 shall be subject to the terms and conditions stipulated in 

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

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

7 a report to the House and Senate Appropriations Commit8 tees annually on the safety and security of transportation 

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

10 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

11 OPERATIONS AND RESEARCH

12 For expenses necessary to discharge the functions of 

13 the Secretary, with respect to traffic and highway safety 

14 under chapter 301 of title 49, United States Code, and 

15 part C of subtitle VI of title 49, United States Code, 

16 $124,406,000, of which $26,156,000 shall remain avail17 able until September 30, 2010: Provided, That none of the 

18 funds appropriated by this Act may be obligated or ex19 pended to plan, finalize, or implement any rulemaking to 

20 add to section 575.104 of title 49 of the Code of Federal 

21 Regulations any requirement pertaining to a grading 

22 standard that is different from the three grading stand23 ards (treadwear, traction, and temperature resistance) al24 ready in effect. 
35 

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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, $107,750,000, to be de7 rived from the Highway Trust Fund (other than the Mass 

8 Transit Account) and to remain available until expended: 

9 Provided, That none of the funds in this Act shall be avail10 able for the planning or execution of programs the total 

11 obligations for which, in fiscal year 2008, are in excess 

12 of $107,750,000 for programs authorized under 23 U.S.C. 

13 403. 

14 NATIONAL DRIVER REGISTER

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in carrying out 

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

20 to be derived from the Highway Trust Fund (other than 

21 the Mass Transit Account) and to remain available until 

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

23 in this Act shall be available for the implementation or 

24 execution of programs the total obligations for which, in 

25 fiscal year 2008, are in excess of $4,000,000 for the Na26 tional Driver Register authorized under such chapter. 
36 

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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

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

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

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

9 $599,250,000 to be derived from the Highway Trust Fund 

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

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

12 planning or execution of programs the total obligations for 

13 which, in fiscal year 2008, are in excess of $599,250,000 

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

15 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

16 2011 of Public Law 109–59, of which $225,000,000 shall 

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

18 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

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

20 ‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406; 

21 $34,500,000 shall be for ‘‘State Traffic Safety Informa22 tion System Improvements’’ under 23 U.S.C. 408; 

23 $131,000,000 shall be for ‘‘Alcohol-Impaired Driving 

24 Countermeasures Incentive Grant Program’’ under 23 

25 U.S.C. 410; $18,250,000 shall be for ‘‘Administrative Ex26 penses’’ under section 2001(a)(11) of Public Law 109– 
37 

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1 59; $29,000,000 shall be for ‘‘High Visibility Enforcement 

2 Program’’ under section 2009 of Public Law 109–59; 

3 $6,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec4 tion 2010 of Public Law 109–59; and $6,000,000 shall 

5 be for ‘‘Child Safety and Child Booster Seat Safety Incen6 tive Grants’’ under section 2011 of Public Law 109–59: 

7 Provided further, That none of these funds shall be used 

8 for construction, rehabilitation, or remodeling costs, or for 

9 office furnishings and fixtures for State, local or private 

10 buildings or structures: Provided further, That not to ex11 ceed $500,000 of the funds made available for section 410 

12 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

13 shall be available for technical assistance to the States: 

14 Provided further, That not to exceed $750,000 of the 

15 funds made available for the ‘‘High Visibility Enforcement 

16 Program’’ shall be available for the evaluation required 

17 under section 2009(f) of Public Law 109–59. 

18 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

19 TRAFFIC SAFETY ADMINISTRATION

20 (INCLUDING RESCISSIONS)

21 SEC. 140. Notwithstanding any other provision of law 

22 or limitation on the use of funds made available under 

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

24 $130,000 shall be made available to the National Highway 

25 Traffic Safety Administration, out of the amount limited 

26 for section 402 of title 23, United States Code, to pay 
38 

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1 for travel and related expenses for State management re2 views and to pay for core competency development train3 ing and related expenses for highway safety staff. 

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

5 heading ‘‘Operations and Research (Liquidation of Con6 tract Authorization) (Limitation on Obligations) (High7 way Trust Fund)’’ in prior appropriations Acts, 

8 $12,197,113.60 in unobligated balances are rescinded. 

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

10 heading ‘‘National Driver Register (Liquidation of Con11 tract Authorization) (Limitation on Obligations) (High12 way Trust Fund)’’ in prior appropriations Acts, 

13 $119,914.61 in unobligated balances are rescinded. 

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

15 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

16 Contract Authorization) (Limitation on Obligations) 

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

18 $10,528,958 in unobligated balances are rescinded. 

19 FEDERAL RAILROAD ADMINISTRATION

20 SAFETY AND OPERATIONS

21 For necessary expenses of the Federal Railroad Ad22 ministration, not otherwise provided for, $151,186,000, of 

23 which $12,268,890 shall remain available until expended. 
39 

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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $36,250,000, to remain available until ex4 pended. 

5 CAPITAL ASSISTANCE TO STATES—INTERCITY

6 PASSENGER RAIL SERVICE

7 To enable the Federal Railroad Administrator to 

8 make grants to States for the capital costs of improving 

9 existing intercity passenger rail service and providing new 

10 intercity passenger rail, $100,000,000, to remain available 

11 until expended: Provided, That grants shall be provided 

12 to a State only on a reimbursable basis: Provided further, 

13 That grants cover no more than 50 percent of the total 

14 capital cost of a project selected for funding: Provided fur15 ther, That no later than eight months following enactment 

16 of this Act, the Secretary shall establish and publish cri17 teria for project selection, set a deadline for grant applica18 tions, and provide a schedule for project selection: Pro19 vided further, That the provisions of section 24312 of title 

20 49, United States Code, shall apply to grantees assisted 

21 under this paragraph: Provided further, That to be eligible 

22 for this assistance, States must include intercity passenger 

23 rail service as an integral part of statewide transportation 

24 planning as required under section 135 of title 23, United 

25 States Code: Provided further, That the specific project 

26 must be on the Statewide Transportation Improvement 
40 

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1 Plan at the time of the application to qualify: Provided 

2 further, That the Secretary give priority to applications for 

3 projects that improve the safety and reliability of intercity 

4 passenger trains, involve a commitment by freight rail5 roads to an enforceable on-time performance of passenger 

6 trains of 80 percent or greater, involve a commitment by 

7 freight railroads of financial resources commensurate with 

8 the benefit expected to their operations, improve or extend 

9 service on a route that requires little or no Federal assist10 ance for its operations, involve a commitment by States 

11 or railroads of financial resources to improve the safety 

12 of highway/rail grade crossings over which the passenger 

13 service operates. 

14 RAILROAD REHABILITATION AND IMPROVEMENT

15 PROGRAM

16 The Secretary of Transportation is authorized to 

17 issue to the Secretary of the Treasury notes or other obli18 gations pursuant to section 512 of the Railroad Revitaliza19 tion and Regulatory Reform Act of 1976 (Public Law 94– 

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

21 may be necessary to pay any amounts required pursuant 

22 to the guarantee of the principal amount of obligations 

23 under sections 511 through 513 of such Act, such author24 ity to exist as long as any such guaranteed obligation is 

25 outstanding: Provided, That pursuant to section 502 of 

26 such Act, as amended, no new direct loans or loan guar-
41 

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1 antee commitments shall be made using Federal funds for 

2 the credit risk premium during fiscal year 2008. 

3 OPERATING GRANTS TO THE NATIONAL RAILROAD

4 PASSENGER CORPORATION

5 To enable the Secretary of Transportation to make 

6 quarterly grants to the National Railroad Passenger Cor7 poration for operation of intercity passenger rail, 

8 $485,000,000 to remain available until expended: Pro9 vided, That the Secretary of Transportation shall approve 

10 funding to cover operating losses for the Corporation only 

11 after receiving and reviewing a grant request for each spe12 cific train route: Provided further, That each such grant 

13 request shall be accompanied by a detailed financial anal14 ysis, revenue projection, and capital expenditure projection 

15 justifying the Federal support to the Secretary’s satisfac16 tion: Provided further, That the Corporation is directed to 

17 achieve savings through operating efficiencies including, 

18 but not limited to, modifications to food and beverage 

19 service and first class service: Provided further, That the 

20 Inspector General of the Department of Transportation 

21 shall report to the House and Senate Committees on Ap22 propriations beginning three months after the date of the 

23 enactment of this Act and quarterly thereafter with esti24 mates of the savings accrued as a result of all operational 

25 reforms instituted by the Corporation: Provided further, 

26 That not later than 120 days after enactment of this Act, 
42 

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1 the Corporation shall transmit to the House and Senate 

2 Committees on Appropriations the status of its plan to 

3 improve the financial performance of food and beverage 

4 service and its plan to improve the financial performance 

5 of first class service (including sleeping car service): Pro6 vided further, That the Corporation shall report quarterly 

7 to the House and Senate Committees on Appropriations 

8 on its progress against the milestones and target dates 

9 contained in the plan provided in fiscal year 2007 and 

10 quantify savings realized to date on a monthly basis com11 pared to those projected in the plan, identify any changes 

12 in the plan or delays in implementing these plans, and 

13 identify the causes of delay and proposed corrective meas14 ures: Provided further, That not later than 90 days after 

15 enactment of this Act, the Corporation shall transmit, in 

16 electronic format, to the Secretary, the House and Senate 

17 Committees on Appropriations, the House Committee on 

18 Transportation and Infrastructure and the Senate Com19 mittee on Commerce, Science, and Transportation a com20 prehensive business plan approved by the Board of Direc21 tors for fiscal year 2008 under section 24104(a) of title 

22 49, United States Code: Provided further, That the busi23 ness plan shall include, as applicable, targets for ridership, 

24 revenues, and capital and operating expenses: Provided 

25 further, That the plan shall also include a separate ac-
43 

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1 counting of such targets for the Northeast Corridor; com2 muter service; long-distance Amtrak service; State-sup3 ported service; each intercity train route, including Auto4 train; and commercial activities including contract oper5 ations: Provided further, That the business plan shall in6 clude a description of the work to be funded, along with 

7 cost estimates and an estimated timetable for completion 

8 of the projects covered by this business plan: Provided fur9 ther, That the Corporation shall continue to provide 

10 monthly reports in electronic format regarding the pend11 ing business plan, which shall describe the work completed 

12 to date, any changes to the business plan, and the reasons 

13 for such changes, and shall identify all sole source contract 

14 awards which shall be accompanied by a justification as 

15 to why said contract was awarded on a sole source basis: 

16 Provided further, That the Corporation’s business plan 

17 and all subsequent supplemental plans shall be displayed 

18 on the Corporation’s website within a reasonable time19 frame following their submission to the appropriate enti20 ties: Provided further, That the leases and contracts en21 tered into by the Corporation in any year that the Cor22 poration receives a Federal subsidy after the date of enact23 ment of the Act, regardless of the place the same may 

24 be executed, shall be governed by the laws of the District 

25 of Columbia: Provided further, That none of the funds 
44 

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1 under this heading may be obligated or expended until the 

2 Corporation agrees to continue abiding by the provisions 

3 of paragraphs 1, 2, 5, 9, and 11 of the summary of condi4 tions for the direct loan agreement of June 28, 2002, in 

5 the same manner as in effect on the date of enactment 

6 of this Act: Provided further, That none of the funds pro7 vided in this Act may be used after March 1, 2006, to 

8 support any route on which Amtrak offers a discounted 

9 fare of more than 50 percent off the normal, peak fare: 

10 Provided further, That the preceding proviso does not 

11 apply to routes where the operating loss as a result of the 

12 discount is covered by a State and the State participates 

13 in the setting of fares. 

14 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

15 RAILROAD PASSENGER CORPORATION

16 To enable the Secretary of Transportation to make 

17 quarterly grants to the National Railroad Passenger Cor18 poration for the maintenance and repair of capital infra19 structure owned by the Corporation, including railroad 

20 equipment, rolling stock, legal mandates and other serv21 ices, $885,000,000, to remain available until expended, of 

22 which not to exceed $285,000,000 shall be for debt service 

23 obligations: Provided, That the Secretary may retain up 

24 to one-quarter of one percent of the funds under this head25 ing to fund the oversight by the Federal Railroad Adminis26 tration of the design and implementation of capital 
45 

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1 projects funded by grants made under this heading: Pro2 vided further, That the Secretary shall approve funding 

3 for capital expenditures, including advance purchase or4 ders of materials, for the Corporation only after receiving 

5 and reviewing a grant request for each specific capital 

6 grant justifying the Federal support to the Secretary’s 

7 satisfaction: Provided further, That none of the funds 

8 under this heading may be used to subsidize operating 

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

10 the funds under this heading may be used for capital 

11 projects not approved by the Secretary of Transportation 

12 or on the Corporation’s fiscal year 2008 business plan: 

13 Provided further, That $35,000,000 of amounts made 

14 available under this heading shall be available until ex15 pended for capital improvements if the Corporation dem16 onstrates to the Secretary’s satisfaction that the Corpora17 tion has achieved operational savings and met ridership 

18 and revenue targets as defined in the Corporation’s busi19 ness plan: Provided further, That of the funds provided 

20 under this section, not less than $5,000,000 shall be ex21 pended for the development and implementation of a man22 agerial cost accounting system, which includes average 

23 and marginal unit cost capability: Provided further, That 

24 within 90 days of enactment, the Department of Trans25 portation Inspector General shall review and comment to 
46 

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1 the Secretary of Transportation and the House and Sen2 ate Committees on Appropriations upon the strengths and 

3 weaknesses of the system being developed by the Corpora4 tion and how it best can be implemented to improve deci5 sion making by the Board of Directors and management 

6 of the Corporation: Provided further, That not later than 

7 180 days after the enactment of this Act, the Secretary, 

8 in consultation with the Corporation and the States on 

9 the Northeast Corridor, shall establish a common defini10 tion of what is determined to be a ‘‘state of good repair’’ 

11 on the Northeast Corridor and report its findings, includ12 ing definitional areas of disagreement, to the House and 

13 Senate Committees on Appropriations, the House Com14 mittee on Transportation and Infrastructure and the Sen15 ate Committee on Commerce, Science, and Transpor16 tation. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

18 ADMINISTRATION

19 SEC. 150. Notwithstanding any other provision of 

20 this Act, funds provided in this Act for the National Rail21 road Passenger Corporation shall immediately cease to be 

22 available to said Corporation in the event that the Cor23 poration contracts to have services provided at or from 

24 any location outside the United States. For purposes of 

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

26 that was, as of July 1, 2006, performed by a full-time 
47 

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1 or part-time Amtrak employee whose base of employment 

2 is located within the United States. 

3 SEC. 151. Not later than January 1, 2008, the Fed4 eral Railroad Administrator shall submit a report, and 

5 quarterly reports thereafter, to the House and Senate 

6 Committees on Appropriations detailing the Administra7 tor’s efforts at improving the on-time performance of Am8 trak intercity rail service operating on non-Amtrak owned 

9 property. Such reports shall compare the most recent ac10 tual on-time performance data to pre-established on-time 

11 performance goals that the Administrator shall set for 

12 each rail service, identified by route. Such reports shall 

13 also include whatever other information and data regard14 ing the on-time performance of Amtrak trains the Admin15 istrator deems to be appropriate. 

16 SEC. 152. The Secretary may purchase promotional 

17 items of nominal value for use in public outreach activities 

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

19 That the Secretary shall prescribe guidelines for the ad20 ministration of such purchases and use. 

21 SEC. 153. Hereafter, any lease or contract entered 

22 into between the National Railroad Passenger Corporation 

23 and the State of Maryland or any department or agency 

24 of the State of Maryland, after the date of the enactment 
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1 of this Act, shall be governed by the laws of the District 

2 of Columbia. 

3 FEDERAL TRANSIT ADMINISTRATION

4 ADMINISTRATIVE EXPENSES

5 For necessary administrative expenses of the Federal 

6 Transit Administration’s programs authorized by chapter 

7 53 of title 49, United States Code, $88,795,000: Provided, 

8 That of the funds available under this heading, not to ex9 ceed $910,239 shall be available for the Office of the Ad10 ministrator; not to exceed $6,353,739 shall be available 

11 for the Office of Administration; not to exceed $4,545,039 

12 shall be available for the Office of the Chief Counsel; not 

13 to exceed $1,480,289 shall be available for the Office of 

14 Communication and Congressional Affairs; not to exceed 

15 $8,741,339 shall be available for the Office of Program 

16 Management; not to exceed $10,857,698 shall be available 

17 for the Office of Budget and Policy; not to exceed 

18 $4,943,589 shall be available for the Office of Research, 

19 Demonstration and Innovation; not to exceed $3,234,489 

20 shall be available for the Office of Civil Rights; not to ex21 ceed $4,458,289 shall be available for the Office of Plan22 ning; not to exceed $22,551,290 shall be available for re23 gional offices; and not to exceed $20,719,000 shall be 

24 available for the central account: Provided further, That 

25 the Administrator is authorized to transfer funds appro-
49 

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1 priated for an office of the Federal Transit Administra2 tion: Provided further, That no appropriation for an office 

3 shall be increased or decreased by more than a total of 

4 5 percent during the fiscal year by all such transfers: Pro5 vided further, That any change in funding greater than 

6 5 percent shall be submitted for approval to the House 

7 and Senate Committees on Appropriations: Provided fur8 ther, That any funding transferred from the central ac9 count shall be submitted for approval to the House and 

10 Senate Committees on Appropriations: Provided further, 

11 That none of the funds provided or limited in this Act 

12 may be used to create a permanent office of transit secu13 rity under this heading: Provided further, That of the 

14 funds in this Act available for the execution of contracts 

15 under section 5327(c) of title 49, United States Code, 

16 $2,000,000 shall be reimbursed to the Department of 

17 Transportation’s Office of Inspector General for costs as18 sociated with audits and investigations of transit-related 

19 issues, including reviews of new fixed guideway systems: 

20 Provided further, That upon submission to the Congress 

21 of the fiscal year 2009 President’s budget, the Secretary 

22 of Transportation shall transmit to Congress the annual 

23 report on new starts, including proposed allocations of 

24 funds for fiscal year 2009. 
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1 FORMULA AND BUS GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORITY)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (INCLUDING RESCISSION)

6 For payment of obligations incurred in carrying out 

7 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 

8 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 

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

10 $6,855,000,000, to be derived from the Mass Transit Ac11 count of the Highway Trust Fund and to remain available 

12 until expended: Provided, That funds available for the im13 plementation or execution of programs authorized under 

14 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

15 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

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

17 obligations of $7,872,893,000 in fiscal year 2008: Pro18 vided further, That except as provided in section 

19 3044(b)(1) of Public Law 109–59, funds made available 

20 to carry out 49 U.S.C. 5308 shall instead be available to 

21 carry out 49 U.S.C. 5309(b)(3): Provided further, That 

22 $28,660,920 in unobligated balances are rescinded. 

23 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

25 5312–5315, 5322, and 5506, $65,500,000, to remain 

26 available until expended: Provided, That $9,300,000 is 
51 

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1 available to carry out the transit cooperative research pro2 gram under section 5313 of title 49, United States Code, 

3 $4,300,000 is available for the National Transit Institute 

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

5 $7,000,000 is available for university transportation cen6 ters program under section 5506 of title 49, United States 

7 Code: Provided further, That $44,900,000 is available to 

8 carry out national research programs under sections 5312, 

9 5313, 5314, and 5322 of title 49, United States Code. 

10 CAPITAL INVESTMENT GRANTS

11 (INCLUDING RESCISSION)

12 For necessary expenses to carry out section 5309 of 

13 title 49, United States Code, $1,566,000,000, to remain 

14 available until expended: Provided, That of the funds 

15 available under this heading, amounts are to be made 

16 available as follows: 

17 For section 5309(m)(6)(B) of title 49, United 

18 States Code, $15,000,000. 

19 For section 5309(m)(6)(C) of title 49, United 

20 States Code, $5,000,000. 

21 For the following sections of Public Law 109– 

22 59: 

23 Section 3043(b)(9), $11,200,000; 

24 Section 3043(d)(35), $18,965,043; 

25 Section 3043(d)(10), $70,000,000; 

26 Section 3043(b)(18), $5,000,000; 
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1 Section 3043(b)(1), $13,000,000; 

2 Section 3043(b)(15), $65,000,000; 

3 Section 3043(b)(21), $125,000,000; 

4 Section 3043(b)(23), $20,000,000; 

5 Section 3043(b)(22), $35,000,000; 

6 Section 3043(c)(231), $30,000,000; 

7 Section 3043(a)(19), $90,000,000; 

8 Section 3043(a)(9), $70,000,000; 

9 Section 3043(a)(7), $51,560,484; 

10 Section 3043(a)(5), $36,500,000; 

11 Section 3043(a)(31), $35,000,000; 

12 Section 3043(a)(16), $55,192,995; 

13 Section 3043(b)(20), $200,000,000; 

14 Section 3043(b)(27), $80,000,000; 

15 Section 3043(a)(20), $33,516,444; 

16 Section 3043(b)(5), $86,250,000; 

17 Section 3043(b)(30), $80,000,000; 

18 Section 3043(a)(30), $70,000,000; 

19 Section 3043(c)(134), $35,000,000; 

20 Section 3043(b)(23), $21,200,000; 

21 Section 3043(d)(39), $3,000,000; 

22 Section 3043(b)(14), $500,000; 

23 Section 3043(c)(86), $20,000,000; 

24 Section 3043(c)(43), $5,000,000; 

25 Section 3043(c)(153), $20,000,000; and 
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1 Section 3043(c)(258), $5,000,000. 

2 For the Jacksonville Rapid Transit System 

3 Phase 1, Forida, $9,870,000; 

4 For North Corridor BRT, Houston and South5 east Corridor BRT, Texas, $15,000,000; 

6 For San Francisco Muni Third Street Light 

7 Rail, California, $10,000,000; 

8 For Mid-Jordan Light Rail Extension, 

9 $20,000,000; and 

10 For METRA Connects, Illinois, $1,300,000: 

11 Provided further, That of the funds available under this 

12 heading, amounts are to be made available under section 

13 5309(e). 

14 For the following sections of Public Law 109–59: 

15 section 3043(c)(201), $3,000,000; 

16 section 3043(c)(177), $3,000,000; 

17 section 3043(d)(3), $1,500,000; 

18 section 3043(c)(182), $2,500,000; 

19 section 3043(c)(79), $2,000,000; 

20 section 3043(c)(197), $6,000,000; 

21 section 3043(c)(173), $1,000,000; and 

22 section 3043(c)(95), $14,250,000. 

23 For State Avenue Corridor BRT, Wyandotte County, 

24 Kansas, $1,500,000; and 

25 For Troost Corridor BRT, Missouri, $6,260,000. 
54 

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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

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

6 made available for obligation, or to any other authority 

7 previously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of 

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

10 Transit Administration, Capital investment grants’’ and 

11 bus and bus facilities under ‘‘Federal Transit Administra12 tion, Formula and bus grants’’ for projects specified in 

13 this Act or identified in reports accompanying this Act not 

14 obligated by September 30, 2010, and other recoveries, 

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

16 5309. 

17 SEC. 162. Notwithstanding any other provision of 

18 law, any funds appropriated before October 1, 2007, under 

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

20 that remain available for expenditure, may be transferred 

21 to and administered under the most recent appropriation 

22 heading for any such section. 

23 SEC. 163. Notwithstanding any other provision of 

24 law, unobligated funds made available for a new fixed 

25 guideway systems projects under the heading ‘‘Federal 
55 

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1 Transit Administration, Capital Investment Grants’’ in 

2 any appropriations Act prior to this Act may be used dur3 ing this fiscal year to satisfy expenses incurred for such 

4 projects. 

5 SEC. 164. In regard to the Central Link Initial Seg6 ment Project, to the extent that funds remain available 

7 within the current budget for the project, the Secretary 

8 shall amend the Full Funding Grant Agreement for said 

9 project to allow remaining funds to be used to support 

10 completion of the Airport Link extension of said project. 

11 SEC. 165. Amounts provided for a high capacity fixed 

12 guideway light rail and mass transit project for the City 

13 of Albuquerque, New Mexico, in Public Laws 106–49, 

14 106–346 and 107–87 shall be available for bus and bus 

15 facilities. 

16 SEC. 166. Any unobligated amounts made available 

17 for the Commuter Rail, Albuquerque to Santa Fe, New 

18 Mexico under the heading ‘‘Capital Investment Grants’’ 

19 under the heading ‘‘Federal Transit Administration’’ in 

20 title I of division A of the Transportation, Treasury, 

21 Housing and Urban Development, the Judiciary, the Dis22 trict of Columbia, and Independent Agencies Appropria23 tions Act, 2006 (Public Law 109–115; 119 Stat. 2418) 

24 shall be made available for public transportation buses, 

25 equipment and facilities related to such buses, and inter-
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1 modal terminal in Albuquerque and Santa Fe, New Mex2 ico, subject to the requirements under section 5309 of title 

3 49, United States Code. 

4 SEC. 167. Notwithstanding any other provision of 

5 law, funds made available for the ‘‘Las Vegas Resort Cor6 ridor Fixed Guideway Project’’, the ‘‘CATRAIL RTC Rail 

7 Project’’, and the ‘‘Las Vegas, Nevada Monorail Project’’ 

8 in Nevada in Public Laws 107–87, 108–7, 108–199 and 

9 108–447 may be made available to the Regional Transpor10 tation Commission of Southern Nevada for bus or bus fa11 cilities projects eligible under section 5307 or section 5309 

12 of title 49, United States Code, and shall remain available 

13 until expended. 

14 SEC. 168. The second sentence of section 321 of the 

15 Department of Transportation and Related Agencies Ap16 propriations Act, 1986 (99 Stat. 1287) is repealed. 

17 SAINT LAWRENCE SEAWAY DEVELOPMENT

18 CORPORATION

19 The Saint Lawrence Seaway Development Corpora20 tion is hereby authorized to make such expenditures, with21 in the limits of funds and borrowing authority available 

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

23 such contracts and commitments without regard to fiscal 

24 year limitations as provided by section 104 of the Govern25 ment Corporation Control Act, as amended, as may be 
57 

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1 necessary in carrying out the programs set forth in the 

2 Corporation’s budget for the current fiscal year. 

3 OPERATIONS AND MAINTENANCE

4 (HARBOR MAINTENANCE TRUST FUND)

5 For necessary expenses for operations and mainte6 nance of those portions of the Saint Lawrence Seaway op7 erated and maintained by the Saint Lawrence Seaway De8 velopment Corporation, $17,392,000, to be derived from 

9 the Harbor Maintenance Trust Fund, pursuant to Public 

10 Law 99–662. 

11 MARITIME ADMINISTRATION

12 MARITIME SECURITY PROGRAM

13 For necessary expenses to maintain and preserve a 

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

15 needs of the United States, $156,000,000, to remain avail16 able until expended. 

17 OPERATIONS AND TRAINING

18 For necessary expenses of operations and training ac19 tivities authorized by law, $122,890,545, of which 

20 $24,720,000 shall remain available until September 30, 

21 2008, for salaries and benefits of employees of the United 

22 States Merchant Marine Academy; of which $13,850,000 

23 shall remain available until expended for capital improve24 ments at the United States Merchant Marine Academy; 

25 and of which $10,500,000 shall remain available until ex-
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1 pended for maintenance and repair of Schoolships at State 

2 Maritime Schools. 

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, $18,000,000, to remain avail7 able until expended. 

8 ASSISTANCE TO SMALL SHIPYARDS

9 To make grants for capital improvements and related 

10 infrastructure improvements at qualified shipyards that 

11 will facilitate the efficiency, cost-effectiveness, and quality 

12 of domestic ship construction for commercial and Federal 

13 Government use as authorized under section 3506 of Pub14 lic Law 109–163, $20,000,000, to remain available until 

15 expended: Provided, That to be considered for assistance, 

16 a qualified shipyard shall submit an application for assist17 ance no later than 60 days after enactment of this Act: 

18 Provided further, That from applications submitted under 

19 the previous proviso, the Secretary of Transportation shall 

20 make grants no later than 120 days after enactment of 

21 this Act in such amounts as the Secretary determines: 

22 Provided further, That not to exceed 2 percent of the funds 

23 appropriated under this heading shall be available for nec24 essary costs of grant administration. 
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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 $13,408,000, 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 the Inspector General shall re10 port to the House and Senate Committees on Appropria11 tions by March 30, 2007, on whether the Maritime Admin12 istration is in compliance with the recommendations con13 tained in the Inspector General’s audit reports on the title 

14 XI program: Provided further, That not to exceed 

15 $3,408,000 shall be available for administrative expenses 

16 to carry out the guaranteed loan program, which shall be 

17 transferred to and merged with the appropriation for ‘‘Op18 erations and Training’’, Maritime Administration. 

19 SHIP CONSTRUCTION

20 (RESCISSION)

21 Of the unobligated balances available under this 

22 heading, $4,614,545 are rescinded. 

23 ADMINISTRATIVE PROVISIONS—MARITIME

24 ADMINISTRATION

25 SEC. 170. Notwithstanding any other provision of 

26 this Act, the Maritime Administration is authorized to fur-
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1 nish utilities and services and make necessary repairs in 

2 connection with any lease, contract, or occupancy involving 

3 Government property under control of the Maritime Ad4 ministration, and payments received therefor shall be cred5 ited to the appropriation charged with the cost thereof: 

6 Provided, That rental payments under any such lease, con7 tract, or occupancy for items other than such utilities, 

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

9 miscellaneous receipts. 

10 SEC. 171. No obligations shall be incurred during the 

11 current fiscal year from the construction fund established 

12 by the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 

13 et seq.), or otherwise, in excess of the appropriations and 

14 limitations contained in this Act or in any prior appropria15 tions Act. 

16 PIPELINE AND HAZARDOUS MATERIALS SAFETY

17 ADMINISTRATION

18 ADMINISTRATIVE EXPENSES

19 For necessary administrative expenses of the Pipeline 

20 and Hazardous Materials Safety Administration, 

21 $18,130,000, of which $639,000 shall be derived from the 

22 Pipeline Safety Fund. 

23 HAZARDOUS MATERIALS SAFETY

24 For expenses necessary to discharge the hazardous 

25 materials safety functions of the Pipeline and Hazardous 

26 Materials Safety Administration, $27,003,000, of which 
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1 $1,761,000 shall remain available until September 30, 

2 2010: Provided, That up to $1,200,000 in fees collected 

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

4 fund of the Treasury as offsetting receipts: Provided fur5 ther, That there may be credited to this appropriation, to 

6 be available until expended, funds received from States, 

7 counties, municipalities, other public authorities, and pri8 vate sources for expenses incurred for training, for reports 

9 publication and dissemination, and for travel expenses in10 curred in performance of hazardous materials exemptions 

11 and approvals functions. 

12 PIPELINE SAFETY

13 (PIPELINE SAFETY FUND)

14 (OIL SPILL LIABILITY TRUST FUND)

15 For expenses necessary to conduct the functions of 

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

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

18 60107, and to discharge the pipeline program responsibil19 ities of the Oil Pollution Act of 1990, $82,404,000, of 

20 which $18,810,000 shall be derived from the Oil Spill Li21 ability Trust Fund and shall remain available until Sep22 tember 30, 2010; of which $63,594,000 shall be derived 

23 from the Pipeline Safety Fund, of which $32,967,000 

24 shall remain available until September 30, 2010: Provided, 

25 That not less than $1,043,000 of the funds provided under 

26 this heading shall be for the one-call State grant program. 
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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

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

4 5128(b), $188,000, to be derived from the Emergency 

5 Preparedness Fund, to remain available until September 

6 30, 2009: Provided, That not more than $28,318,000 shall 

7 be made available for obligation in fiscal year 2008 from 

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

9 5128(b)–(c): Provided further, That none of the funds 

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

11 shall be made available for obligation by individuals other 

12 than the Secretary of Transportation, or her designee. 

13 RESEARCH AND INNOVATIVE TECHNOLOGY

14 ADMINISTRATION

15 RESEARCH AND DEVELOPMENT

16 For necessary expenses of the Research and Innova17 tive Technology Administration, $12,000,000, of which 

18 $6,036,000 shall remain available until September 30, 

19 2010: Provided, That there may be credited to this appro20 priation, to be available until expended, funds received 

21 from States, counties, municipalities, other public authori22 ties, and private sources for expenses incurred for train23 ing. 
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $66,400,000: Provided, 

6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 

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

11 that is subject to regulation by the Department: Provided 

12 further, That the funds made available under this heading 

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

14 title 49, United States Code: (1) unfair or deceptive prac15 tices and unfair methods of competition by domestic and 

16 foreign air carriers and ticket agents; and (2) the compli17 ance of domestic and foreign air carriers with respect to 

18 item (1) of this proviso. 

19 SURFACE TRANSPORTATION BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Surface Transpor22 tation Board, including services authorized by 5 U.S.C. 

23 3109, $25,000,000: Provided, That notwithstanding any 

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

25 established by the Chairman of the Surface Transpor-
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1 tation Board shall be credited to this appropriation as off2 setting collections and used for necessary and authorized 

3 expenses under this heading: Provided further, That the 

4 sum herein appropriated from the general fund shall be 

5 reduced on a dollar-for-dollar basis as such offsetting col6 lections are received during fiscal year 2008, to result in 

7 a final appropriation from the general fund estimated at 

8 no more than $23,750,000. 

9 GENERAL PROVISIONS—DEPARTMENT OF

10 TRANSPORTATION

11 (INCLUDING TRANSFERS OF FUNDS)

12 SEC. 180. During the current fiscal year applicable 

13 appropriations to the Department of Transportation shall 

14 be available for maintenance and operation of aircraft; 

15 hire of passenger motor vehicles and aircraft; purchase of 

16 liability insurance for motor vehicles operating in foreign 

17 countries on official department business; and uniforms or 

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

19 5902). 

20 SEC. 181. Appropriations contained in this Act for 

21 the Department of Transportation shall be available for 

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

23 individuals not to exceed the per diem rate equivalent to 

24 the rate for an Executive Level IV. 
65 

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1 SEC. 182. None of the funds in this Act shall be avail2 able for salaries and expenses of more than 110 political 

3 and Presidential appointees in the Department of Trans4 portation: Provided, That none of the personnel covered 

5 by this provision may be assigned on temporary detail out6 side the Department of Transportation. 

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

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

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

10 in this Act shall disseminate personal information (as de11 fined in 18 U.S.C. 2725(3)) obtained by a State depart12 ment of motor vehicles in connection with a motor vehicle 

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

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

15 2721. 

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

17 shall not withhold funds provided in this Act for any 

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

19 SEC. 185. Funds received by the Federal Highway 

20 Administration, Federal Transit Administration, and Fed21 eral Railroad Administration from States, counties, mu22 nicipalities, other public authorities, and private sources 

23 for expenses incurred for training may be credited respec24 tively to the Federal Highway Administration’s ‘‘Federal25 Aid Highways’’ account, the Federal Transit Administra-
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1 tion’s ‘‘Research and University Research Centers’’ ac2 count, and to the Federal Railroad Administration’s 

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

4 safety inspectors participating in training pursuant to 49 

5 U.S.C. 20105. 

6 SEC. 186. Notwithstanding any other provisions of 

7 law, rule or regulation, the Secretary of Transportation 

8 is authorized to allow the issuer of any preferred stock 

9 heretofore sold to the Department to redeem or repur10 chase such stock upon the payment to the Department of 

11 an amount determined by the Secretary. 

12 SEC. 187. None of the funds in this Act to the De13 partment of Transportation may be used to make a grant 

14 unless the Secretary of Transportation notifies the House 

15 and Senate Committees on Appropriations not less than 

16 3 full business days before any discretionary grant award, 

17 letter of intent, or full funding grant agreement totaling 

18 $1,000,000 or more is announced by the department or 

19 its modal administrations from: (1) any discretionary 

20 grant program of the Federal Highway Administration in21 cluding the emergency relief program; (2) the airport im22 provement program of the Federal Aviation Administra23 tion; or (3) any program of the Federal Transit Adminis24 tration other than the formula grants and fixed guideway 
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1 modernization programs: Provided, That no notification 

2 shall involve funds that are not available for obligation. 

3 SEC. 188. Rebates, refunds, incentive payments, 

4 minor fees and other funds received by the Department 

5 of Transportation from travel management centers, 

6 charge card programs, the subleasing of building space, 

7 and miscellaneous sources are to be credited to appropria8 tions of the Department of Transportation and allocated 

9 to elements of the Department of Transportation using 

10 fair and equitable criteria and such funds shall be avail11 able until expended. 

12 SEC. 189. Amounts made available in this or any 

13 other Act that the Secretary determines represent im14 proper payments by the Department of Transportation to 

15 a third party contractor under a financial assistance 

16 award, which are recovered pursuant to law, shall be avail17 able— 

18 (1) to reimburse the actual expenses incurred 

19 by the Department of Transportation in recovering 

20 improper payments; and 

21 (2) to pay contractors for services provided in 

22 recovering improper payments or contractor support 

23 in the implementation of the Improper Payments In24 formation Act of 2002: Provided, That amounts in 

25 excess of that required for paragraphs (1) and (2)— 
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1 (A) shall be credited to and merged with 

2 the appropriation from which the improper pay3 ments were made, and shall be available for the 

4 purposes and period for which such appropria5 tions are available; or 

6 (B) if no such appropriation remains avail7 able, shall be deposited in the Treasury as mis8 cellaneous receipts: Provided, That prior to the 

9 transfer of any such recovery to an appropria10 tions account, the Secretary shall notify the 

11 House and Senate Committees on Appropria12 tions of the amount and reasons for such trans13 fer: Provided further, That for purposes of this 

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

15 same meaning as that provided in section 

16 2(d)(2) of Public Law 107–300. 

17 SEC. 190. Notwithstanding any other provision of 

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

19 subject to a reprogramming action that requires notice to 

20 be provided to the House and Senate Committees on Ap21 propriations, said reprogramming action shall be approved 

22 or denied solely by the Committees on Appropriations: 

23 Provided, That the Secretary may provide notice to other 

24 congressional committees of the action of the Committees 

25 on Appropriations on such reprogramming but not sooner 
69 

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1 than 30 days following the date on which the reprogram2 ming action has been approved or denied by the House 

3 and Senate Committees on Appropriations. 

4 SEC. 191. Out of funds appropriated or otherwise 

5 made available under this Act to the Surface Transpor6 tation Board of the Department of Transportation, when 

7 considering cases, matters, or declaratory orders before 

8 the Board involving a railroad, or an entity claiming or 

9 seeking authority to operate as a railroad, and the trans10 portation of solid waste (as defined in section 1004 of 42 

11 U.S.C. 6903), the Board shall consider any activity involv12 ing the receipt, delivery, sorting, handling or transfer in13 transit outside of a sealed container, storage other than 

14 inside a sealed container, or other processing of solid 

15 waste to be an activity over which the Board does not have 

16 jurisdiction. 

17 SEC. 192. None of the funds appropriated or other18 wise made available under this Act may be used by the 

19 Surface Transportation Board of the Department of 

20 Transportation to charge or collect any filing fee for rate 

21 complaints filed with the Board in an amount in excess 

22 of the amount authorized for district court civil suit filing 

23 fees under section 1914 of title 28, United States Code. 
70 

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1 SEC. 193. Not later than 90 days after the date of 

2 the enactment of this Act, the Inspector General of the 

3 Department of Transportation shall— 

4 (1) conduct an investigation of rail service dis5 ruptions since 2004 and incidents since 2004 in 

6 which rail carriers failed to timely deliver various 

7 commodities, such as coal, wheat, ethanol, and lum8 ber; and 

9 (2) submit a report containing legislative and 

10 regulatory recommendations designed to reduce such 

11 disruptions and incidents and to improve railroad 

12 service to— 

13 (A) the Committee on Appropriations of 

14 the Senate; 

15 (B) the Committee on Appropriations of 

16 the House of Representatives; 

17 (C) the Committee on Commerce, Science, 

18 and Transportation of the Senate; and 

19 (D) the Committee on Transportation and 

20 Infrastructure of the House of Representatives. 

21 This title may be cited as the ‘‘Department of Trans22 portation Appropriations Act, 2008’’. 
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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 OFFICE OF THE SECRETARY

5 SALARIES AND EXPENSES

6 For necessary salaries and expenses of the Office of 

7 the Secretary of Housing and Urban Development, 

8 $3,930,000: Provided, That not to exceed $25,000 of this 

9 amount shall be available for official reception and rep10 resentation expenses. 

11 EXECUTIVE OPERATIONS

12 OFFICE OF HEARINGS AND APPEALS

13 For the necessary salaries and expenses of the Office 

14 of Hearings and Appeals, $1,490,000. 

15 OFFICE OF SMALL AND DISADVANTAGED BUSINESS

16 UTLILIZATION

17 For the necessary salaries and expenses of the Office 

18 of Small and Disadvantaged Business Utilization, 

19 $510,000. 

20 OFFICE OF THE CHIEF FINANCIAL OFFICER

21 For the necessary salaries and expenses of the Office 

22 of the Chief Financial Officer, $43,750,000. 

23 OFFICE OF THE GENERAL COUNSEL

24 For the necessary salaries and expenses of the Office 

25 of the General Counsel, $86,820,000. 
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1 OFFICE OF THE CHIEF PROCUREMENT OFFICER

2 For the necessary salaries and expenses of the Office 

3 of the Chief Procurement Officer, $13,500,000. 

4 CENTER FOR FAITH-BASED AND COMMUNITY INITIATIVES

5 For necessary salaries and expenses of the Center for 

6 Faith-Based and Community Initiatives, $1,860,000. 

7 OFFICE OF THE ASSISTANT SECRETARY FOR

8 CONGRESSIONAL AND INTERGOVERNMENTAL RELATIONS

9 For necessary salaries and expenses of the Office of 

10 the Assistant Secretary for Congressional and Intergov11 ernmental Relations, $2,670,000: Provided, That the Sec12 retary shall provide the Committee on Appropriations 

13 quarterly written notification regarding the status of 

14 pending congressional reports. 

15 OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC

16 AFFAIRS

17 For necessary salaries and expenses of the Office of 

18 the Assistant Secretary for Public Affairs, $2,630,000. 

19 OFFICE OF DEPARTMENTAL EQUAL EMPLOYMENT

20 OPPORTUNITY

21 For the necessary salaries and expenses of the Office 

22 of Departmental Equal Employment Opportunity, 

23 $3,440,000. 
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1 ADMINISTRATIVE ACTIVITIES

2 OFFICE OF THE ASSISTANT SECRETARY FOR

3 ADMINISTRATION

4 For necessary salaries and expenses of the Office of 

5 the Assistant Secretary for Administration, $1,480,000. 

6 ADMINISTRATION SALARIES AND EXPENSES

7 For necessary salaries and expenses of the Office of 

8 Administration, $252,010,000: Provided, That, funds pro9 vided under the heading may be used for necessary admin10 istrative and non-administrative expenses of the Depart11 ment of Housing and Urban Development, not otherwise 

12 provided for, including purchase of uniforms, or allow13 ances therefor, as authorized by 5 U.S.C. 5901–5902; hire 

14 of passenger motor vehicles; services as authorized by 5 

15 U.S.C. 3109. 

16 OFFICE OF DEPARTMENTAL OPERATIONS AND

17 COORDINATION

18 For the necessary salaries and expenses of the Office 

19 of Departmental Operations and Coordination, 

20 $12,520,000. 

21 OFFICE OF FIELD POLICY AND MANAGEMENT

22 For the necessary salaries and expenses of the Office 

23 of Field Policy and Management, $47,730,000. 
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1 PUBLIC AND INDIAN HOUSING

2 OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AND

3 INDIAN HOUSING

4 For necessary salaries and expenses of the Office of 

5 the Assistant Secretary for Public and Indian Housing, 

6 $1,620,000. 

7 PUBLIC AND INDIAN HOUSING SALARIES AND EXPENSES

8 For necessary salaries and expenses of the Office of 

9 Public and Indian Housing, $188,340,000. 

10 TENANT-BASED RENTAL ASSISTANCE

11 (INCLUDING TRANSFER OF FUNDS)

12 For activities and assistance for the provision of ten13 ant-based rental assistance authorized under the United 

14 States Housing Act of 1937, as amended (42 U.S.C. 1437 

15 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

16 $16,598,694,000, to remain available until expended, of 

17 which $12,398,694,000 shall be available on October 1, 

18 2007, and $4,200,000,000 shall be available on October 

19 1, 2008: Provided, That the amounts made available under 

20 this heading are provided as follows: 

21 (1) $14,936,200,000 for renewals of expiring 

22 section 8 tenant-based annual contributions con23 tracts (including renewals of enhanced vouchers 

24 under any provision of law authorizing such assist25 ance under section 8(t) of the Act): Provided, That 

26 notwithstanding any other provision of law, from 
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1 amounts provided under this paragraph, the Sec2 retary for the calendar year 2008 funding cycle shall 

3 provide renewal funding for each public housing 

4 agency based on voucher management system (VMS) 

5 leasing and cost data for the most recently com6 pleted period of 12 consecutive months for which the 

7 Secretary determines the data is verifiable and com8 plete and by applying the 2008 Annual Adjustment 

9 Factor as established by the Secretary, and by mak10 ing any necessary adjustments for the costs associ11 ated with the first-time renewal of tenant protection 

12 or HOPE VI vouchers or vouchers that were not in 

13 use during the 12-month period in order to be avail14 able to meet a commitment pursuant to section 

15 8(o)(13) of the Act: Provided further, That notwith16 standing the first proviso, except for applying the 

17 2008 Annual Adjustment Factor and making any 

18 other specified adjustments, public housing agencies 

19 specified in category 1 below shall receive funding 

20 for calendar year 2008 based on the higher of the 

21 amounts the agencies would receive under the first 

22 proviso or the amounts the agencies received in cal23 endar year 2007, and public housing agencies speci24 fied in categories 2 and 3 below shall receive funding 

25 for calendar year 2008 equal to the amounts the 
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1 agencies received in calendar year 2007, except that 

2 public housing agencies specified in categories 1 and 

3 2 below shall receive funding under this proviso only 

4 if, and to the extent that, any such public housing 

5 agency submits a plan, approved by the Secretary, 

6 that demonstrates that the agency can effectively 

7 use within 12 months the funding that the agency 

8 would receive under this proviso that is in addition 

9 to the funding that the agency would receive under 

10 the first proviso: (1) public housing agencies that 

11 are eligible for assistance under section 901 in Pub12 lic Law 109–148 (119 Stat. 2781) or are located in 

13 the same counties as those eligible under section 901 

14 and operate voucher programs under section 8(o) of 

15 the United States Housing Act of 1937 but do not 

16 operate public housing under section 9 of such Act, 

17 and any public housing agency that otherwise quali18 fies under this category must demonstrate that they 

19 have experienced a loss of rental housing stock as a 

20 result of the 2005 hurricanes; (2) public housing 

21 agencies that would receive less funding under the 

22 first proviso than they would receive under this pro23 viso and that have been placed in receivership within 

24 the 24 months preceding the date of enactment of 

25 this Act; and (3) public housing agencies that spent 
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1 more in calendar year 2007 than the total of the 

2 amounts of any such public housing agency’s alloca3 tion amount for calendar year 2007 and the amount 

4 of any such public housing agency’s available hous5 ing assistance payments undesignated funds balance 

6 from calendar year 2006 and the amount of any 

7 such public housing agency’s available administrative 

8 fees undesignated funds balance through calendar 

9 year 2007: Provided further, That up to 

10 $100,000,000 shall be available only: (1) to adjust 

11 the allocations for public housing agencies, after ap12 plication for an adjustment by a public housing 

13 agency that experienced a significant increase, as de14 termined by the Secretary, in renewal costs resulting 

15 from unforeseen circumstances or from portability 

16 under section 8(r) of the Act of tenant-based rental 

17 assistance; and (2) for adjustments for public hous18 ing agencies that could experience a significant de19 crease in voucher funding that could result in the 

20 risk of loss of voucher units due to the use of VMS 

21 data based on a 12-month period: Provided further, 

22 That none of the funds provided under the first pro23 viso in this section may be used to support a total 

24 number of unit months under lease which exceeds a 

25 public housing agency’s authorized level of units 
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1 under contract: Provided further, That the Secretary 

2 shall, to the extent necessary to stay within the 

3 amount provided under this paragraph, pro rate 

4 each public housing agency’s allocation otherwise es5 tablished pursuant to this paragraph: Provided fur6 ther, That except as provided in the following pro7 viso, the entire amount provided under this para8 graph shall be obligated to the public housing agen9 cies based on the allocation and pro rata method de10 scribed above and the Secretary shall notify public 

11 housing agencies of their annual budget not later 

12 than 90 days after enactment of this Act: Provided 

13 further, That public housing agencies participating 

14 in the Moving to Work demonstration shall be fund15 ed pursuant to their Moving to Work agreements 

16 and shall be subject to the same pro rata adjust17 ments under the previous proviso; 

18 (2) $150,000,000 for section 8 rental assistance 

19 for relocation and replacement of housing units that 

20 are demolished or disposed of pursuant to the Omni21 bus Consolidated Rescissions and Appropriations Act 

22 of 1996 (Public Law 104–134), conversion of section 

23 23 projects to assistance under section 8, the family 

24 unification program under section 8(x) of the Act, 

25 relocation of witnesses in connection with efforts to 
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1 combat crime in public and assisted housing pursu2 ant to a request from a law enforcement or prosecu3 tion agency, enhanced vouchers under any provision 

4 of law authorizing such assistance under section 8(t) 

5 of the Act, HOPE VI vouchers, mandatory and vol6 untary conversions, and tenant protection assistance 

7 including replacement and relocation assistance: Pro8 vided, That the Secretary shall provide replacement 

9 vouchers for all units that cease to be available as 

10 assisted housing due to demolition, disposition, or 

11 conversion, subject only to the availability of funds; 

12 (3) $50,000,000 for family self-sufficiency coor13 dinators under section 23 of the Act; 

14 (4) up to $6,494,000 may be transferred to the 

15 Working Capital Fund; 

16 (5) $1,351,000,000 for administrative and 

17 other expenses of public housing agencies in admin18 istering the section 8 tenant-based rental assistance 

19 program, of which up to $5,000,000 shall be avail20 able as an incentive bonus as determined by the Sec21 retary for administrative expenses for PHAs that 

22 voluntarily consolidate, and which up to $35,000,000 

23 shall be available to the Secretary to allocate to pub24 lic housing agencies that need additional funds to 

25 administer their section 8 programs, with up to 
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1 $30,000,000 to be for fees associated with section 8 

2 tenant protection rental assistance: Provided, That 

3 no less than $1,311,000,000 of the amount provided 

4 in this paragraph shall be allocated for the calendar 

5 year 2008 funding cycle on a basis to public housing 

6 agencies as provided in section 8(q) of the Act as in 

7 effect immediately before the enactment of the Qual8 ity Housing and Work Responsibility Act of 1998 

9 (Public Law 105–276): Provided further, That if the 

10 amounts made available under this paragraph are 

11 insufficient to pay the amounts required by this 

12 paragraph, the Secretary may decrease the amounts 

13 allocated to agencies by a uniform prorated percent14 age applicable to all agencies receiving funding 

15 under this paragraph or may, to the extent nec16 essary to provide full payment of amounts required 

17 under this paragraph, utilize unobligated balances, 

18 including recaptures and carryovers, remaining from 

19 funds appropriated to the Department of Housing 

20 and Urban Development under this heading, the 

21 heading ‘‘Annual Contributions for Assisted Hous22 ing’’, the heading ‘‘Housing Certificate Fund’’, and 

23 the heading ‘‘Project-based rental assistance’’, for 

24 fiscal year 2007 and prior years, notwithstanding 

25 the purposes for which such amounts were appro-
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1 priated: Provided further, That all amounts provided 

2 under this paragraph shall be only for activities re3 lated to the provision of tenant-based rental assist4 ance authorized under section 8, including related 

5 development activities; 

6 (6) $30,000,000 for incremental voucher assist7 ance through the Family Unification Program; and 

8 (7) $75,000,000 for incremental rental voucher 

9 assistance for use through a supported housing pro10 gram administered in conjunction with the Depart11 ment of Veterans Affairs as authorized under section 

12 8(o)(19) of the United States Housing Act of 1937: 

13 Provided, That the Secretary of Housing and Urban 

14 Development shall make such funding available, not15 withstanding section 305 (competition provision) of 

16 this title, to public housing agencies that partner 

17 with eligible VA Medical Centers or other entities as 

18 designated by the Secretary of the Department of 

19 Veterans Affairs, based on geographical need for 

20 such assistance as identified by the Secretary of the 

21 Department of Veterans Affairs, public housing 

22 agency administrative performance, and other fac23 tors as specified by the Secretary of Housing and 

24 Urban Development in consultation with the Sec25 retary of the Department of Veterans Affairs: Pro-
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1 vided further, That the Secretary of Housing and 

2 Urban Development may waive, or specify alter3 native requirements for (in consultation with the 

4 Secretary of the Department of Veterans Affairs), 

5 any provision of any statute or regulation that the 

6 Secretary of Housing and Urban Development ad7 ministers in connection with the use of funds made 

8 available under this paragraph (except for require9 ments related to fair housing, nondiscrimination, 

10 labor standards, and the environment), upon a find11 ing by the Secretary that any such waivers or alter12 native requirements are necessary for the effective 

13 delivery and administration of such voucher assist14 ance: Provided further, That assistance made avail15 able under this paragraph shall continue to remain 

16 available for homeless veterans upon turnover. 

17 HOUSING CERTIFICATE FUND

18 (RESCISSION)

19 Of the unobligated balances, including recaptures and 

20 carryover, remaining from funds appropriated to the De21 partment of Housing and Urban Development under this 

22 heading, the heading ‘‘Annual contributions for assisted 

23 housing’’, the heading ‘‘Tenant-based rental assistance’’, 

24 and the heading ‘‘Project-based rental assistance’’, for fis25 cal year 2007 and prior years, $1,100,000,000 are re26 scinded, to be effected by the Secretary no later than Sep-
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1 tember 30, 2008: Provided, That, if insufficient funds 

2 exist under these headings, the remaining balance may be 

3 derived from any other heading under this title: Provided 

4 further, That the Secretary shall notify the Committees 

5 on Appropriations 30 days in advance of the rescission of 

6 any funds derived from the headings specified above: Pro7 vided further, That any such balances governed by re8 allocation provisions under the statute authorizing the 

9 program for which the funds were originally appropriated 

10 shall be available for the rescission: Provided further, That 

11 any obligated balances of contract authority from fiscal 

12 year 1974 and prior that have been terminated shall be 

13 cancelled. 

14 PROJECT-BASED RENTAL ASSISTANCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities and assistance for the provision of 

17 project-based subsidy contracts under the United States 

18 Housing Act of 1937, as amended (42 U.S.C. 1437 et 

19 seq.) (‘‘the Act’’ herein), not otherwise provided for, 

20 $5,813,000,000, to remain available until expended: Pro21 vided, That the amounts made available under this head22 ing are provided as follows: 

23 (1) up to $5,522,810,000 for expiring or termi24 nating section 8 project-based subsidy contracts (in25 cluding section 8 moderate rehabilitation contracts), 

26 for amendments to section 8 project-based subsidy 
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1 contracts (including section 8 moderate rehabilita2 tion contracts), for contracts entered into pursuant 

3 to section 441 of the McKinney-Vento Homeless As4 sistance Act, for renewal of section 8 contracts for 

5 units in projects that are subject to approved plans 

6 of action under the Emergency Low Income Housing 

7 Preservation Act of 1987 or the Low-Income Hous8 ing Preservation and Resident Homeownership Act 

9 of 1990, and for administrative and other expenses 

10 associated with project-based activities and assist11 ance funded under this paragraph. 

12 (2) not to exceed $286,230,000 for perform13 ance-based contract administrators for section 8 

14 project-based assistance: Provided, That the Sec15 retary may also use such amounts for performance16 based contract administrators for: interest reduction 

17 payments pursuant to section 236(a) of the National 

18 Housing Act (12 U.S.C. 1715z–1(a)); rent supple19 ment payments pursuant to section 101 of the 

20 Housing and Urban Development Act of 1965 (12 

21 U.S.C. 1701s); section 236(f)(2) rental assistance 

22 payments (12 U.S.C. 1715z–1(f)(2)); project rental 

23 assistance contracts for the elderly under section 

24 202(c)(2) of the Housing Act of 1959, as amended 

25 (12 U.S.C. 1701q, 1701q–1); project rental assist-
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1 ance contracts for supportive housing for persons 

2 with disabilities under section 811(d)(2) of the 

3 Cranston-Gonzalez National Affordable Housing 

4 Act; project assistance contracts pursuant to section 

5 202(h) of the Housing Act of 1959 (Public Law 86– 

6 372; 73 Stat. 667); and loans under section 202 of 

7 the Housing Act of 1959 (Public Law 86–372; 73 

8 Stat. 667). 

9 (3) not to exceed $3,960,000 may be trans10 ferred to the Working Capital Fund; and 

11 (4) amounts recaptured under this heading, the 

12 heading ‘‘Annual Contributions for Assisted Hous13 ing’’, or the heading ‘‘Housing Certificate Fund’’ 

14 may be used for renewals of or amendments to sec15 tion 8 project-based contracts or for performance16 based contract administrators, notwithstanding the 

17 purposes for which such amounts were appropriated. 

18 PUBLIC HOUSING CAPITAL FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Public Housing Capital Fund Program to 

21 carry out capital and management activities for public 

22 housing agencies, as authorized under section 9 of the 

23 United States Housing Act of 1937, as amended (42 

24 U.S.C. 1437g) (the ‘‘Act’’) $2,500,000,000, to remain 

25 available until September 30, 2011: Provided, That not26 withstanding any other provision of law or regulation, dur-
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1 ing fiscal year 2008, the Secretary may not delegate to 

2 any Department official other than the Deputy Secretary 

3 and the Assistant Secretary for Public and Indian Hous4 ing any authority under paragraph (2) of section 9(j) re5 garding the extension of the time periods under such sec6 tion: Provided further, That for purposes of such section 

7 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

8 that the amounts are subject to a binding agreement that 

9 will result in outlays, immediately or in the future: Pro10 vided further, That of the total amount provided under 

11 this heading, up to $14,890,000 shall be for carrying out 

12 activities under section 9(h) of such Act; not to exceed 

13 $16,847,000 may be transferred to the Working Capital 

14 Fund; and up to $15,345,000 shall be to support the on15 going Public Housing Financial and Physical Assessment 

16 activities of the Real Estate Assessment Center (REAC): 

17 Provided further, That no funds may be used under this 

18 heading for the purposes specified in section 9(k) of the 

19 United States Housing Act of 1937, as amended: Provided 

20 further, That of the total amount provided under this 

21 heading, not to exceed $20,000,000 may be available for 

22 the Secretary of Housing and Urban Development to 

23 make grants, notwithstanding section 305 of this Act, to 

24 public housing agencies for emergency capital needs re25 sulting from unforeseen or unpreventable emergencies and 
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1 natural disasters occurring in fiscal year 2008: Provided 

2 further, That of the total amount provided under this 

3 heading, $40,000,000 shall be for supportive services, 

4 service coordinators and congregate services as authorized 

5 by section 34 of the Act and the Native American Housing 

6 Assistance and Self-Determination Act of 1996: Provided 

7 further, That of the total amount provided under this 

8 heading up to $8,820,000 is to support the costs of admin9 istrative and judicial receiverships. 

10 PUBLIC HOUSING OPERATING FUND

11 For 2008 payments to public housing agencies for the 

12 operation and management of public housing, as author13 ized by section 9(e) of the United States Housing Act of 

14 1937, as amended (42 U.S.C. 1437g(e)), $4,200,000,000; 

15 of which $5,940,000 shall be for technical assistance re16 lated to the transition and implementation of asset-based 

17 management in public housing: Provided, That, in fiscal 

18 year 2008 and all fiscal years hereafter, no amounts under 

19 this heading in any appropriations Act may be used for 

20 payments to public housing agencies for the costs of oper21 ation and management of public housing for any year 

22 prior to the current year of such Act: Provided further, 

23 That no funds may be used under this heading for the 

24 purposes specified in section 9(k) of the United States 

25 Housing Act of 1937, as amended. 
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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, as amended, 

7 $100,000,000, to remain available until September 30, 

8 2008, of which not to exceed $1,980,000 may be used for 

9 technical assistance and contract expertise, to be provided 

10 directly or indirectly by grants, contracts or cooperative 

11 agreements, including training and cost of necessary travel 

12 for participants in such training, by or to officials and em13 ployees of the department and of public housing agencies 

14 and to residents: Provided, That none of such funds shall 

15 be used directly or indirectly by granting competitive ad16 vantage in awards to settle litigation or pay judgments, 

17 unless expressly permitted herein. 

18 NATIVE AMERICAN HOUSING BLOCK GRANTS

19 (INCLUDING TRANSFER OF FUNDS)

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.), $630,000,000, 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, $2,000,000 

9 shall be contracted through the Secretary as technical as10 sistance and capacity building to be used by the National 

11 American Indian Housing Council in support of the imple12 mentation of NAHASDA; and $4,250,000 shall be to sup13 port the inspection of Indian housing units, contract ex14 pertise, training, and technical assistance in the training, 

15 oversight, and management of such Indian housing and 

16 tenant-based assistance, including up to $300,000 for re17 lated travel: Provided further, That of the amount pro18 vided under this heading, $1,980,000 shall be made avail19 able for the cost of guaranteed notes and other obligations, 

20 as authorized by title VI of NAHASDA: Provided further, 

21 That such costs, including the costs of modifying such 

22 notes and other obligations, shall be as defined in section 

23 502 of the Congressional Budget Act of 1974, as amend24 ed: Provided further, That these funds are available to sub25 sidize the total principal amount of any notes and other 
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1 obligations, any part of which is to be guaranteed, not to 

2 exceed $17,000,000. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native Amer6 ican Housing Assistance and Self-Determination Act of 

7 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to remain 

8 available until expended, of which $300,000 shall be for 

9 training and technical assistance activities. 

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of guaranteed loans, as authorized by 

14 section 184 of the Housing and Community Development 

15 Act of 1992 (12 U.S.C. 1715z–13a), $7,450,000, to re16 main available until expended: Provided, That such costs, 

17 including the costs of modifying such loans, shall be as 

18 defined in section 502 of the Congressional Budget Act 

19 of 1974, as amended: Provided further, That these funds 

20 are available to subsidize total loan principal, any part of 

21 which is to be guaranteed, up to $367,000,000. 

22 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

23 PROGRAM ACCOUNT

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of guaranteed loans, as authorized by 

26 section 184A of the Housing and Community Develop-
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1 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,044,000, to 

2 remain available until expended: Provided, That such 

3 costs, including the costs of modifying such loans, shall 

4 be as defined in section 502 of the Congressional Budget 

5 Act of 1974, as amended: Provided further, That these 

6 funds are available to subsidize total loan principal, any 

7 part of which is to be guaranteed, not to exceed 

8 $41,504,255. 

9 COMMUNITY PLANNING AND DEVELOPMENT

10 OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY

11 PLANNING AND DEVELOPMENT

12 SALARIES AND EXPENSES

13 For necessary salaries and expenses of the Office of 

14 the Assistant Secretary for Community Planning and De15 velopment, $1,520,000. 

16 COMMUNITY PLANNING AND DEVELOPMENT SALARIES

17 AND EXPENSES

18 For necessary salaries and expenses of the Office of 

19 Community Planning and Development mission area, 

20 $93,770,000. 

21 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the Housing Opportunities for Per24 sons with AIDS program, as authorized by the AIDS 

25 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

26 $300,100,000, to remain available until September 30, 
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1 2009, except that amounts allocated pursuant to section 

2 854(c)(3) of such Act shall remain available until Sep3 tember 30, 2010: Provided, That the Secretary shall renew 

4 all expiring contracts for permanent supportive housing 

5 that were funded under section 854(c)(3) of such Act that 

6 meet all program requirements before awarding funds for 

7 new contracts and activities authorized under this section: 

8 Provided further, That the Secretary may use not to ex9 ceed $1,485,000 of the funds under this heading for train10 ing, oversight, and technical assistance activities; and not 

11 to exceed $1,485,000 may be transferred to the Working 

12 Capital Fund. 

13 RURAL HOUSING AND ECONOMIC DEVELOPMENT

14 For the Office of Rural Housing and Economic De15 velopment in the Department of Housing and Urban De16 velopment, $17,000,000, to remain available until ex17 pended, which amount shall be competitively awarded by 

18 September 1, 2008, to Indian tribes, State housing finance 

19 agencies, State community and/or economic development 

20 agencies, local rural nonprofits and community develop21 ment corporations to support innovative housing and eco22 nomic development activities in rural areas. 

23 COMMUNITY DEVELOPMENT FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 For assistance to units of State and local govern26 ment, and to other entities, for economic and community 
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1 development activities, and for other purposes, 

2 $4,060,000,000, to remain available until September 30, 

3 2010, unless otherwise specified: Provided, That of the 

4 amount provided, $3,705,430,000 is for carrying out the 

5 community development block grant program under title 

6 I of the Housing and Community Development Act of 

7 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et 

8 seq.): Provided further, That unless explicitly provided for 

9 under this heading (except for planning grants provided 

10 in the second paragraph and amounts made available 

11 under the third paragraph), not to exceed 20 percent of 

12 any grant made with funds appropriated under this head13 ing shall be expended for planning and management devel14 opment and administration: Provided further, That not to 

15 exceed $1,570,000 may be transferred to the Working 

16 Capital Fund: Provided further, That $3,000,000 is for 

17 technical assistance as authorized by section 107(b)(4) of 

18 such Act: Provided further, That $62,000,000 shall be for 

19 grants to Indian tribes notwithstanding section 106(a)(1) 

20 of such Act, of which, notwithstanding any other provision 

21 of law (including section 305 of this Act), up to 

22 $3,960,000 may be used for emergencies that constitute 

23 imminent threats to health and safety. 

24 Of the amount made available under this heading, 

25 $248,000,000 shall be available for grants for the Eco-
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1 nomic Development Initiative (EDI) to finance a variety 

2 of targeted economic investments: Provided, That none of 

3 the funds provided under this paragraph may be used for 

4 program operations: Provided further, That, for fiscal 

5 years 2006, 2007, and 2008, no unobligated funds for 

6 EDI grants may be used for any purpose except acquisi7 tion, planning, design, purchase of equipment, revitaliza8 tion, redevelopment or construction. 

9 Of the amount made available under this heading, 

10 $40,000,000 shall be available for neighborhood initiatives 

11 that are utilized to improve the conditions of distressed 

12 and blighted areas and neighborhoods, to stimulate invest13 ment, economic diversification, and community revitaliza14 tion in areas with population outmigration or a stagnating 

15 or declining economic base, or to determine whether hous16 ing benefits can be integrated more effectively with welfare 

17 reform initiatives. 

18 COMMUNITY DEVELOPMENT LOAN GUARANTEES

19 PROGRAM ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For the cost of guaranteed loans, $6,000,000, to re22 main available until September 30, 2009, as authorized 

23 by section 108 of the Housing and Community Develop24 ment Act of 1974, as amended: Provided, That such costs, 

25 including the cost of modifying such loans, shall be as de26 fined in section 502 of the Congressional Budget Act of 
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1 1974, as amended: Provided further, That these funds are 

2 available to subsidize total loan principal, any part of 

3 which is to be guaranteed, not to exceed $275,000,000, 

4 notwithstanding any aggregate limitation on outstanding 

5 obligations guaranteed in section 108(k) of the Housing 

6 and Community Development Act of 1974, as amended. 

7 BROWNFIELDS REDEVELOPMENT

8 For competitive economic development grants, as au9 thorized by section 108(q) of the Housing and Community 

10 Development Act of 1974, as amended, for Brownfields 

11 redevelopment projects, $10,000,000, to remain available 

12 until September 30, 2009. 

13 HOME INVESTMENT PARTNERSHIPS PROGRAM

14 (INCLUDING TRANSFER OF FUNDS)

15 For the HOME investment partnerships program, as 

16 authorized under title II of the Cranston-Gonzalez Na17 tional Affordable Housing Act, as amended, 

18 $1,970,000,000, to remain available until September 30, 

19 2010, of which not to exceed $3,465,000 may be trans20 ferred to the Working Capital Fund: Provided, That up 

21 to $15,000,000 shall be available for technical assistance: 

22 Provided further, That of the total amount provided in this 

23 paragraph, up to $150,000,000 shall be available for hous24 ing counseling under section 106 of the Housing and 

25 Urban Development Act of 1968. 
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1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For the Self-Help and Assisted Homeownership Op4 portunity Program, as authorized under section 11 of the 

5 Housing Opportunity Program Extension Act of 1996, as 

6 amended, $70,000,000, to remain available until Sep7 tember 30, 2010: Provided, That of the total amount pro8 vided under this heading, $26,500,000 shall be made 

9 available to the Self-Help and Assisted Homeownership 

10 Opportunity Program as authorized under section 11 of 

11 the Housing Opportunity Program Extension Act of 1996, 

12 as amended: Provided further, That $33,500,000 shall be 

13 made available for the first four capacity building activi14 ties authorized under section 4(b)(3) of the HUD Dem15 onstration Act of 1993 (42 U.S.C. 9816 note), as in effect 

16 immediately before June 12, 1997 and of which up to 

17 $5,000,000 may be made available for rural capacity 

18 building activities: Provided further, That of the total 

19 amount made available under this heading; $3,000,000 

20 shall be made available to the Housing Assistance Council; 

21 $2,000,000 shall be made available to the National Amer22 ican Indian Housing Council; $3,000,000 shall be made 

23 available as a grant to the Raza Development Fund of 

24 La Raza for the HOPE Fund, of which $500,000 is for 

25 technical assistance and fund management, and 
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1 $2,500,000 is for investments in the HOPE Fund and fi2 nancing to affiliated organizations; and $2,000,000 shall 

3 be made available as a grant to the Housing Partnership 

4 Network for operating expenses and a program of afford5 able housing acquisition and rehabilitation. 

6 HOMELESS ASSISTANCE GRANTS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the emergency shelter grants program as author9 ized under subtitle B of title IV of the McKinney-Vento 

10 Homeless Assistance Act, as amended; the supportive 

11 housing program as authorized under subtitle C of title 

12 IV of such Act; the section 8 moderate rehabilitation sin13 gle room occupancy program as authorized under the 

14 United States Housing Act of 1937, as amended, to assist 

15 homeless individuals pursuant to section 441 of the 

16 McKinney-Vento Homeless Assistance Act; and the shelter 

17 plus care program as authorized under subtitle F of title 

18 IV of such Act, $1,585,990,000, of which $1,580,990,000 

19 shall remain available until September 30, 2010, and of 

20 which $5,000,000 shall remain available until expended 

21 for rehabilitation projects with ten-year grant terms: Pro22 vided, That of the amounts provided, $25,000,000 shall 

23 be set aside to conduct a demonstration program for the 

24 rapid re-housing of homeless families: Provided further, 

25 That of amounts made available in the preceding proviso, 

26 not to exceed $3,000,000 may be used to conduct an eval-
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1 uation of this demonstration program: Provided further, 

2 That funding made available for this demonstration pro3 gram shall be used by the Secretary, expressly for the pur4 poses of providing housing and services to homeless fami5 lies in order to evaluate the effectiveness of the rapid re6 housing approach in addressing the needs of homeless 

7 families: Provided further, That not less than 30 percent 

8 of funds made available, excluding amounts provided for 

9 renewals under the shelter plus care program, shall be 

10 used for permanent housing for individuals and families: 

11 Provided further, That all funds awarded for services shall 

12 be matched by 25 percent in funding by each grantee: Pro13 vided further, That the Secretary shall renew on an annual 

14 basis expiring contracts or amendments to contracts fund15 ed under the shelter plus care program if the program is 

16 determined to be needed under the applicable continuum 

17 of care and meets appropriate program requirements and 

18 financial standards, as determined by the Secretary: Pro19 vided further, That all awards of assistance under this 

20 heading shall be required to coordinate and integrate 

21 homeless programs with other mainstream health, social 

22 services, and employment programs for which homeless 

23 populations may be eligible, including Medicaid, State 

24 Children’s Health Insurance Program, Temporary Assist25 ance for Needy Families, Food Stamps, and services fund-
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1 ing through the Mental Health and Substance Abuse 

2 Block Grant, Workforce Investment Act, and the Welfare3 to-Work grant program: Provided further, That up to 

4 $8,000,000 of the funds appropriated under this heading 

5 shall be available for the national homeless data analysis 

6 project and technical assistance: Provided further, That 

7 not to exceed $2,475,000 of the funds appropriated under 

8 this heading may be transferred to the Working Capital 

9 Fund: Provided further, That all balances for Shelter Plus 

10 Care renewals previously funded from the Shelter Plus 

11 Care Renewal account and transferred to this account 

12 shall be available, if recaptured, for Shelter Plus Care re13 newals in fiscal year 2008. 

14 HOUSING PROGRAMS

15 OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING, 

16 FEDERAL HOUSING COMMISSIONER

17 SALARIES AND EXPENSES

18 For necessary salaries and expenses of the Office of 

19 the Assistant Secretary for Housing, Federal Housing 

20 Commissioner, $3,420,000. 

21 HOUSING SALARIES AND EXPENSES

22 For necessary salaries and expenses of the Office of 

23 Housing, $351,560,000: Provided, That notwithstanding 

24 any other provision of law, funds appropriated under this 

25 heading may be used for advertising and promotional ac26 tivities that support the housing mission area. 
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1 HOUSING FOR THE ELDERLY

2 (INCLUDING TRANSFER OF FUNDS)

3 For capital advances, including amendments to cap4 ital advance contracts, for housing for the elderly, as au5 thorized by section 202 of the Housing Act of 1959, as 

6 amended, and for project rental assistance for the elderly 

7 under section 202(c)(2) of such Act, including amend8 ments to contracts for such assistance and renewal of ex9 piring contracts for such assistance for up to a 1-year 

10 term, and for supportive services associated with the hous11 ing, $735,000,000, to remain available until September 

12 30, 2011, of which up to $603,900,000 shall be for capital 

13 advance and project-based rental assistance awards: Pro14 vided, That, of the amount provided under this heading, 

15 up to $60,000,000 shall be for service coordinators and 

16 the continuation of existing congregate service grants for 

17 residents of assisted housing projects, and of which up to 

18 $24,750,000 shall be for grants under section 202b of the 

19 Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion 

20 of eligible projects under such section to assisted living 

21 or related use and for emergency capital repairs as deter22 mined by the Secretary: Provided further, That of the 

23 amount made available under this heading, $20,000,000 

24 shall be available to the Secretary of Housing and Urban 

25 Development only for making competitive grants to pri26 vate nonprofit organizations and consumer cooperatives 
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1 for covering costs of architectural and engineering work, 

2 site control, and other planning relating to the develop3 ment of supportive housing for the elderly that is eligible 

4 for assistance under section 202 of the Housing Act of 

5 1959 (12 U.S.C. 1701q): Provided further, That amounts 

6 under this heading shall be available for Real Estate As7 sessment Center inspections and inspection-related activi8 ties associated with section 202 capital advance projects: 

9 Provided further, That not to exceed $1,400,000 of the 

10 total amount made available under this heading may be 

11 transferred to the Working Capital Fund: Provided fur12 ther, That the Secretary may waive the provisions of sec13 tion 202 governing the terms and conditions of project 

14 rental assistance, except that the initial contract term for 

15 such assistance shall not exceed 5 years in duration. 

16 HOUSING FOR PERSONS WITH DISABILITIES

17 (INCLUDING TRANSFER OF FUNDS)

18 For capital advance contracts, including amendments 

19 to capital advance contracts, for supportive housing for 

20 persons with disabilities, as authorized by section 811 of 

21 the Cranston-Gonzalez National Affordable Housing Act 

22 (42 U.S.C. 8013), for project rental assistance for sup23 portive housing for persons with disabilities under section 

24 811(d)(2) of such Act, including amendments to contracts 

25 for such assistance and renewal of expiring contracts for 

26 such assistance for up to a 1-year term, and for supportive 
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1 services associated with the housing for persons with dis2 abilities as authorized by section 811(b)(1) of such Act, 

3 and for tenant-based rental assistance contracts entered 

4 into pursuant to section 811 of such Act, $237,000,000, 

5 to remain available until September 30, 2011: Provided, 

6 That not to exceed $600,000 may be transferred to the 

7 Working Capital Fund: Provided further, That, of the 

8 amount provided under this heading $74,745,000 shall be 

9 for amendments or renewal of tenant-based assistance 

10 contracts entered into prior to fiscal year 2005 (only one 

11 amendment authorized for any such contract): Provided 

12 further, That all tenant-based assistance made available 

13 under this heading shall continue to remain available only 

14 to persons with disabilities: Provided further, That the 

15 Secretary may waive the provisions of section 811 gov16 erning the terms and conditions of project rental assist17 ance and tenant-based assistance, except that the initial 

18 contract term for such assistance shall not exceed 5 years 

19 in duration: Provided further, That amounts made avail20 able under this heading shall be available for Real Estate 

21 Assessment Center Inspections and inspection-related ac22 tivities associated with section 811 Capital Advance 

23 Projects. 
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1 OTHER ASSISTED HOUSING PROGRAMS

2 RENTAL HOUSING ASSISTANCE

3 For amendments to contracts under section 101 of 

4 the Housing and Urban Development Act of 1965 (12 

5 U.S.C. 1701s) and section 236(f)(2) of the National 

6 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in7 sured rental housing projects, $27,600,000, to remain 

8 available until expended. 

9 (RESCISSION)

10 Of the amounts made available under the heading 

11 ‘‘Rent Supplement’’ in Public Law 98–63 for amendments 

12 to contracts under section 101 of the Housing and Urban 

13 Development Act of 1965 (12 U.S.C. 1701s) and section 

14 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

15 1) in State-aided, non-insured rental housing projects, 

16 $27,600,000 are rescinded. 

17 FLEXIBLE SUBSIDY FUND

18 (TRANSFER OF FUNDS)

19 From the Rental Housing Assistance Fund, all un20 committed balances of excess rental charges as of Sep21 tember 30, 2007, and any collections made during fiscal 

22 year 2008 and all subsequent fiscal years, shall be trans23 ferred to the Flexible Subsidy Fund, as authorized by sec24 tion 236(g) of the National Housing Act, as amended. 
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1 MANUFACTURED HOUSING FEES TRUST FUND

2 For necessary expenses as authorized by the National 

3 Manufactured Housing Construction and Safety Stand4 ards Act of 1974, as amended (42 U.S.C. 5401 et seq.), 

5 up to $16,000,000, to remain available until expended, to 

6 be derived from the Manufactured Housing Fees Trust 

7 Fund: Provided, That not to exceed the total amount ap8 propriated under this heading shall be available from the 

9 general fund of the Treasury to the extent necessary to 

10 incur obligations and make expenditures pending the re11 ceipt of collections to the Fund pursuant to section 620 

12 of such Act: Provided further, That the amount made 

13 available under this heading from the general fund shall 

14 be reduced as such collections are received during fiscal 

15 year 2008 so as to result in a final fiscal year 2008 appro16 priation from the general fund estimated at not more than 

17 $0 and fees pursuant to such section 620 shall be modified 

18 as necessary to ensure such a final fiscal year 2008 appro19 priation: Provided further, That for the dispute resolution 

20 and installation programs, the Secretary of Housing and 

21 Urban Development may assess and collect fees from any 

22 program participant: Provided further, That such collec23 tions shall be deposited into the Fund, and the Secretary, 

24 as provided herein, may use such collections, as well as 

25 fees collected under section 620, for necessary expenses 
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1 of such Act: Provided further, That notwithstanding the 

2 requirements of section 620 of such Act, the Secretary 

3 may carry out responsibilities of the Secretary under such 

4 Act through the use of approved service providers that are 

5 paid directly by the recipients of their services. 

6 FEDERAL HOUSING ADMINISTRATION

7 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 During fiscal year 2008, commitments to guarantee 

10 loans to carry out the purposes of section 203(b) of the 

11 National Housing Act, as amended, shall not exceed a loan 

12 principal of $185,000,000,000. 

13 During fiscal year 2008, obligations to make direct 

14 loans to carry out the purposes of section 204(g) of the 

15 National Housing Act, as amended, shall not exceed 

16 $50,000,000: Provided, That the foregoing amount shall 

17 be for loans to nonprofit and governmental entities in con18 nection with sales of single family real properties owned 

19 by the Secretary and formerly insured under the Mutual 

20 Mortgage Insurance Fund. 

21 For administrative contract expenses, $77,400,000, 

22 of which not to exceed $25,550,000 may be transferred 

23 to the Working Capital Fund, and of which up to 

24 $5,000,000 shall be for education and outreach of FHA 

25 single family loan products: Provided, That to the extent 

26 guaranteed loan commitments exceed $65,500,000,000 on 
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1 or before April 1, 2008, an additional $1,400 for adminis2 trative contract expenses shall be available for each 

3 $1,000,000 in additional guaranteed loan commitments 

4 (including a pro rata amount for any amount below 

5 $1,000,000), but in no case shall funds made available by 

6 this proviso exceed $30,000,000. 

7 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the cost of guaranteed loans, as authorized by 

10 sections 238 and 519 of the National Housing Act (12 

11 U.S.C. 1715z–3 and 1735c), including the cost of loan 

12 guarantee modifications, as that term is defined in section 

13 502 of the Congressional Budget Act of 1974, as amend14 ed, $8,600,000, to remain available until expended: Pro15 vided, That commitments to guarantee loans shall not ex16 ceed $45,000,000,000 in total loan principal, any part of 

17 which is to be guaranteed. 

18 Gross obligations for the principal amount of direct 

19 loans, as authorized by sections 204(g), 207(l), 238, and 

20 519(a) of the National Housing Act, shall not exceed 

21 $50,000,000, of which not to exceed $30,000,000 shall be 

22 for bridge financing in connection with the sale of multi23 family real properties owned by the Secretary and for24 merly insured under such Act; and of which not to exceed 

25 $20,000,000 shall be for loans to nonprofit and govern26 mental entities in connection with the sale of single-family 
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1 real properties owned by the Secretary and formerly in2 sured under such Act. 

3 For administrative contract expenses necessary to 

4 carry out the guaranteed and direct loan programs, 

5 $78,111,000, of which not to exceed $15,692,000 may be 

6 transferred to the Working Capital Fund: Provided, That 

7 to the extent guaranteed loan commitments exceed 

8 $8,426,000,000 on or before April 1, 2008, an additional 

9 $1,980 for administrative contract expenses shall be avail10 able for each $1,000,000 in additional guaranteed loan 

11 commitments over $8,426,000,000 (including a pro rata 

12 amount for any increment below $1,000,000), but in no 

13 case shall funds made available by this proviso exceed 

14 $14,400,000. 

15 For discount sales of multifamily real property under 

16 sections 207(1) or 246 of the National Housing Act (12 

17 U.S.C. 1713(l), 1715z–11), section 203 of the Housing 

18 and Community Development Amendments of 1978 (12 

19 U.S.C. 1701z–11), or section 204 of the Departments of 

20 Veterans Affairs and Housing and Urban Development, 

21 and Independent Agencies Appropriations Act, 1997 (12 

22 U.S.C. 1715z–11a), and for discount loan sales under sec23 tion 207(k) of the National Housing Act (12 U.S.C. 

24 1713(k)), section 203(k) of the Housing and Community 

25 Development Amendments of 1978 (12 U.S.C. 1701z– 
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1 11(k)), or section 204(a) of the Departments of Veterans 

2 Affairs and Housing and Urban Development, and Inde3 pendent Agencies Act, 1997 (12 U.S.C. 1715z–11a(a)), 

4 $5,000,000, to remain available until September 30, 2009. 

5 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

6 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

7 ASSOCIATION

8 SALARIES AND EXPENSES

9 For the necessary salaries and expenses of the Office 

10 of the Government National Mortgage Association, 

11 $9,530,000. 

12 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

13 GUARANTEE PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 New commitments to issue guarantees to carry out 

16 the purposes of section 306 of the National Housing Act, 

17 as amended (12 U.S.C. 1721(g)), shall not exceed 

18 $200,000,000,000, to remain available until September 

19 30, 2009. 

20 POLICY DEVELOPMENT AND RESEARCH

21 OFFICE OF THE ASSISTANT SECRETARY FOR POLICY

22 DEVELOPMENT AND RESEARCH

23 SALARIES AND EXPENSES

24 For necessary salaries and expenses of the Office of 

25 the Assistant Secretary for Policy Development and Re26 search, $1,570,000. 
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1 POLICY DEVELOPMENT AND RESEARCH SALARIES AND

2 EXPENSES

3 For necessary salaries and expenses of the Office of 

4 Policy Development and Research, $19,310,000. 

5 RESEARCH AND TECHNOLOGY

6 For contracts, grants, and necessary expenses of pro7 grams of research and studies relating to housing and 

8 urban problems, not otherwise provided for, as authorized 

9 by title V of the Housing and Urban Development Act 

10 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ11 ing carrying out the functions of the Secretary under sec12 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, 

13 $59,040,000, to remain available until September 30, 

14 2009: Provided, That of the total amount provided under 

15 this heading, $5,000,000 shall be for the Partnership for 

16 Advancing Technology in Housing (PATH) Initiative: 

17 Provided further, That of the funds made available under 

18 this heading, $20,600,000 is for grants pursuant to sec19 tion 107 of the Housing and Community Development Act 

20 of 1974, as amended, as follows: $3,000,000 to support 

21 Alaska Native serving institutions and Native Hawaiian 

22 serving institutions as defined under the Higher Edu23 cation Act, as amended; $2,600,000 for tribal colleges and 

24 universities to build, expand, renovate, and equip their fa25 cilities and to expand the role of the colleges into the com26 munity through the provision of needed services such as 
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1 health programs, job training and economic development 

2 activities; $9,000,000 for the Historically Black Colleges 

3 and Universities program, of which up to $2,000,000 may 

4 be used for technical assistance; and $6,000,000 for the 

5 Hispanic Serving Institutions Program. 

6 FAIR HOUSING AND EQUAL OPPORTUNITY

7 OFFICE OF THE ASSISTANT SECRETARY FOR FAIR

8 HOUSING AND EQUAL OPPORTUNITY

9 SALARIES AND EXPENSES

10 For necessary salaries and expenses of the Office of 

11 the Assistant Secretary for Fair Housing and Equal Op12 portunity, $1,490,000. 

13 FAIR HOUSING AND EQUAL OPPORTUNITY SALARIES AND

14 EXPENSES

15 For the necessary salaries and expenses of the Office 

16 of Fair Housing and Equal Opportunity, $69,390,000. 

17 FAIR HOUSING ACTIVITIES

18 For contracts, grants, and other assistance, not oth19 erwise provided for, as authorized by title VIII of the Civil 

20 Rights Act of 1968, as amended by the Fair Housing 

21 Amendments Act of 1988, and section 561 of the Housing 

22 and Community Development Act of 1987, as amended, 

23 $52,000,000, to remain available until September 30, 

24 2009, of which $25,000,000 shall be to carry out activities 

25 pursuant to such section 561: Provided, That notwith26 standing 31 U.S.C. 3302, the Secretary may assess and 
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1 collect fees to cover the costs of the Fair Housing Training 

2 Academy, and may use such funds to provide such train3 ing: Provided further, That no funds made available under 

4 this heading shall be used to lobby the executive or legisla5 tive branches of the Federal Government in connection 

6 with a specific contract, grant or loan. 

7 OFFICE OF LEAD HAZARD CONTROL

8 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

9 CONTROL

10 SALARIES AND EXPENSES

11 For the necessary salaries and expenses of the Office 

12 of Healthy Homes and Lead Hazard Control, $6,140,000. 

13 LEAD HAZARD REDUCTION

14 For the Lead Hazard Reduction Program, as author15 ized by section 1011 of the Residential Lead-Based Paint 

16 Hazard Reduction Act of 1992, $151,000,000, to remain 

17 available until September 30, 2009, of which $8,800,000 

18 shall be for the Healthy Homes Initiative, pursuant to sec19 tions 501 and 502 of the Housing and Urban Develop20 ment Act of 1970 that shall include research, studies, test21 ing, and demonstration efforts, including education and 

22 outreach concerning lead-based paint poisoning and other 

23 housing-related diseases and hazards: Provided, That for 

24 purposes of environmental review, pursuant to the Na25 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

26 et seq.) and other provisions of law that further the pur-
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1 poses of such Act, a grant under the Healthy Homes Ini2 tiative, Operation Lead Elimination Action Plan (LEAP), 

3 or the Lead Technical Studies program under this heading 

4 or under prior appropriations Acts for such purposes 

5 under this heading, shall be considered to be funds for 

6 a special project for purposes of section 305(c) of the Mul7 tifamily Housing Property Disposition Reform Act of 

8 1994: Provided further, That of the total amount made 

9 available under this heading, $48,000,000 shall be made 

10 available on a competitive basis for areas with the highest 

11 lead paint abatement needs: Provided further, That each 

12 applicant shall submit a detailed plan and strategy that 

13 demonstrates adequate capacity that is acceptable to the 

14 Secretary to carry out the proposed use of funds pursuant 

15 to a Notice of Funding Availability: Provided further, That 

16 of the total amount made available under this heading, 

17 $2,000,000 shall be available for the Big Buy Program 

18 to be managed by the Office of Healthy Homes and Lead 

19 Hazard Control. 

20 WORKING CAPITAL FUND

21 For additional capital for the Working Capital Fund 

22 (42 U.S.C. 3535) for the development of, modifications 

23 to, and infrastructure for Department-wide information 

24 technology systems, for the continuing operation and 

25 maintenance of both Department-wide and program-spe26 cific information systems, and for program-related devel-
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1 opment activities, $175,000,000, to remain available until 

2 September 30, 2009: 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 (INCLUDING TRANSFER OF FUNDS)

12 For necessary salaries and expenses of the Office of 

13 Inspector General in carrying out the Inspector General 

14 Act of 1978, as amended, $112,000,000: Provided, That 

15 the Inspector General shall have independent authority 

16 over all personnel issues within this office. 

17 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the Federal Housing Enterprises 

21 Financial Safety and Soundness Act of 1992, including 

22 not to exceed $500 for official reception and representa23 tion expenses, $66,000,000, to remain available until ex24 pended, to be derived from the Federal Housing Enter25 prises Oversight Fund: Provided, That the Director shall 

26 submit a spending plan for the amounts provided under 
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1 this heading no later than January 15, 2008: Provided 

2 further, That not less than 80 percent of the total amount 

3 made available under this heading shall be used only for 

4 examination, supervision, and capital oversight of the en5 terprises (as such term is defined in section 1303 of the 

6 Federal Housing Enterprises Financial Safety and Sound7 ness Act of 1992 (12 U.S.C. 4502)) to ensure that the 

8 enterprises are operating in a financially safe and sound 

9 manner and complying with the capital requirements 

10 under Subtitle B of such Act: Provided further, That not 

11 to exceed the amount provided herein shall be available 

12 from the general fund of the Treasury to the extent nec13 essary to incur obligations and make expenditures pending 

14 the receipt of collections to the Fund: Provided further, 

15 That the general fund amount shall be reduced as collec16 tions are received during the fiscal year so as to result 

17 in a final appropriation from the general fund estimated 

18 at not more than $0. 

19 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

20 URBAN DEVELOPMENT

21 SEC. 201. Fifty percent of the amounts of budget au22 thority, or in lieu thereof 50 percent of the cash amounts 

23 associated with such budget authority, that are recaptured 

24 from projects described in section 1012(a) of the Stewart 

25 B. McKinney Homeless Assistance Amendments Act of 
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1 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

2 case of cash, shall be remitted to the Treasury, and such 

3 amounts of budget authority or cash recaptured and not 

4 rescinded or remitted to the Treasury shall be used by 

5 State housing finance agencies or local governments or 

6 local housing agencies with projects approved by the Sec7 retary of Housing and Urban Development for which set8 tlement occurred after January 1, 1992, in accordance 

9 with such section. Notwithstanding the previous sentence, 

10 the Secretary may award up to 15 percent of the budget 

11 authority or cash recaptured and not rescinded or remitted 

12 to the Treasury to provide project owners with incentives 

13 to refinance their project at a lower interest rate. 

14 SEC. 202. None of the amounts made available under 

15 this Act may be used during fiscal year 2008 to investigate 

16 or prosecute under the Fair Housing Act any otherwise 

17 lawful activity engaged in by one or more persons, includ18 ing the filing or maintaining of a non-frivolous legal ac19 tion, that is engaged in solely for the purpose of achieving 

20 or preventing action by a Government official or entity, 

21 or a court of competent jurisdiction. 

22 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

23 of the AIDS Housing Opportunity Act (42 U.S.C. 

24 12903(c)(1)(A)), from any amounts made available under 

25 this title for fiscal year 2008 that are allocated under such 
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1 section, the Secretary of Housing and Urban Development 

2 shall allocate and make a grant, in the amount determined 

3 under subsection (b), for any State that— 

4 (1) received an allocation in a prior fiscal year 

5 under clause (ii) of such section; and 

6 (2) is not otherwise eligible for an allocation for 

7 fiscal year 2008 under such clause (ii) because the 

8 areas in the State outside of the metropolitan statis9 tical areas that qualify under clause (i) in fiscal year 

10 2008 do not have the number of cases of acquired 

11 immunodeficiency syndrome (AIDS) required under 

12 such clause. 

13 (b) The amount of the allocation and grant for any 

14 State described in subsection (a) shall be an amount based 

15 on the cumulative number of AIDS cases in the areas of 

16 that State that are outside of metropolitan statistical 

17 areas that qualify under clause (i) of such section 

18 854(c)(1)(A) in fiscal year 2008, in proportion to AIDS 

19 cases among cities and States that qualify under clauses 

20 (i) and (ii) of such section and States deemed eligible 

21 under subsection (a). 

22 (c) Notwithstanding any other provision of law, the 

23 amount allocated for fiscal year 2008 under section 854(c) 

24 of the AIDS Housing Opportunity Act (42 U.S.C. 

25 12903(c)), to the City of New York, New York, on behalf 
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1 of the New York-Wayne-White Plains, New York-New 

2 Jersey Metropolitan Division (hereafter ‘‘metropolitan di3 vision’’) of the New York-Newark-Edison, NY–NJ–PA 

4 Metropolitan Statistical Area, shall be adjusted by the 

5 Secretary of Housing and Urban Development by: (1) allo6 cating to the City of Jersey City, New Jersey, the propor7 tion of the metropolitan area’s or division’s amount that 

8 is based on the number of cases of AIDS reported in the 

9 portion of the metropolitan area or division that is located 

10 in Hudson County, New Jersey, and adjusting for the pro11 portion of the metropolitan division’s high incidence bonus 

12 if this area in New Jersey also has a higher than average 

13 per capita incidence of AIDS; and (2) allocating to the 

14 City of Paterson, New Jersey, the proportion of the metro15 politan area’s or division’s amount that is based on the 

16 number of cases of AIDS reported in the portion of the 

17 metropolitan area or division that is located in Bergen 

18 County and Passaic County, New Jersey, and adjusting 

19 for the proportion of the metropolitan division’s high inci20 dence bonus if this area in New Jersey also has a higher 

21 than average per capita incidence of AIDS. The recipient 

22 cities shall use amounts allocated under this subsection 

23 to carry out eligible activities under section 855 of the 

24 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 
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1 their respective portions of the metropolitan division that 

2 is located in New Jersey. 

3 (d) Notwithstanding any other provision of law, the 

4 amount allocated for fiscal year 2008 under section 854(c) 

5 of the AIDS Housing Opportunity Act (42 U.S.C. 

6 12903(c)) to areas with a higher than average per capita 

7 incidence of AIDS, shall be adjusted by the Secretary on 

8 the basis of area incidence reported over a three year pe9 riod. 

10 SEC. 204. Except as explicitly provided in law, any 

11 grant, cooperative agreement or other assistance made 

12 pursuant to title II of this Act shall be made on a competi13 tive basis and in accordance with section 102 of the De14 partment of Housing and Urban Development Reform Act 

15 of 1989. 

16 SEC. 205. Funds of the Department of Housing and 

17 Urban Development subject to the Government Corpora18 tion Control Act or section 402 of the Housing Act of 

19 1950 shall be available, without regard to the limitations 

20 on administrative expenses, for legal services on a contract 

21 or fee basis, and for utilizing and making payment for 

22 services and facilities of the Federal National Mortgage 

23 Association, Government National Mortgage Association, 

24 Federal Home Loan Mortgage Corporation, Federal Fi25 nancing Bank, Federal Reserve banks or any member 
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1 thereof, Federal Home Loan banks, and any insured bank 

2 within the meaning of the Federal Deposit Insurance Cor3 poration Act, as amended (12 U.S.C. 1811–1831). 

4 SEC. 206. Unless otherwise provided for in this Act 

5 or through a reprogramming of funds, no part of any ap6 propriation for the Department of Housing and Urban 

7 Development shall be available for any program, project 

8 or activity in excess of amounts set forth in the budget 

9 estimates submitted to Congress. 

10 SEC. 207. Corporations and agencies of the Depart11 ment of Housing and Urban Development which are sub12 ject to the Government Corporation Control Act, as 

13 amended, are hereby authorized to make such expendi14 tures, within the limits of funds and borrowing authority 

15 available to each such corporation or agency and in ac16 cordance with law, and to make such contracts and com17 mitments without regard to fiscal year limitations as pro18 vided by section 104 of such Act as may be necessary in 

19 carrying out the programs set forth in the budget for 2008 

20 for such corporation or agency except as hereinafter pro21 vided: Provided, That collections of these corporations and 

22 agencies may be used for new loan or mortgage purchase 

23 commitments only to the extent expressly provided for in 

24 this Act (unless such loans are in support of other forms 

25 of assistance provided for in this or prior appropriations 
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1 Acts), except that this proviso shall not apply to the mort2 gage insurance or guaranty operations of these corpora3 tions, or where loans or mortgage purchases are necessary 

4 to protect the financial interest of the United States Gov5 ernment. 

6 SEC. 208. None of the funds provided in this title 

7 for technical assistance, training, or management improve8 ments may be obligated or expended unless HUD provides 

9 to the Committees on Appropriations a description of each 

10 proposed activity and a detailed budget estimate of the 

11 costs associated with each program, project or activity as 

12 part of the Budget Justifications. For fiscal year 2008, 

13 HUD shall transmit this information to the Committees 

14 by March 15, 2008 for 30 days of review. 

15 SEC. 209. The Secretary of Housing and Urban De16 velopment shall provide quarterly reports to the House 

17 and Senate Committees on Appropriations regarding all 

18 uncommitted, unobligated, recaptured and excess funds in 

19 each program and activity within the jurisdiction of the 

20 Department and shall submit additional, updated budget 

21 information to these Committees upon request. 

22 SEC. 210. (a) Notwithstanding any other provision 

23 of law, the amount allocated for fiscal year 2008 under 

24 section 854(c) of the AIDS Housing Opportunity Act (42 

25 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
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1 on behalf of the Wilmington, Delaware-Maryland-New 

2 Jersey Metropolitan Division (hereafter ‘‘metropolitan di3 vision’’), shall be adjusted by the Secretary of Housing 

4 and Urban Development by allocating to the State of New 

5 Jersey the proportion of the metropolitan division’s 

6 amount that is based on the number of cases of AIDS 

7 reported in the portion of the metropolitan division that 

8 is located in New Jersey, and adjusting for the proportion 

9 of the metropolitan division’s high incidence bonus if this 

10 area in New Jersey also has a higher than average per 

11 capita incidence of AIDS. The State of New Jersey shall 

12 use amounts allocated to the State under this subsection 

13 to carry out eligible activities under section 855 of the 

14 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

15 portion of the metropolitan division that is located in New 

16 Jersey. 

17 (b) Notwithstanding any other provision of law, the 

18 Secretary of Housing and Urban Development shall allo19 cate to Wake County, North Carolina, the amounts that 

20 otherwise would be allocated for fiscal year 2008 under 

21 section 854(c) of the AIDS Housing Opportunity Act (42 

22 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

23 on behalf of the Raleigh-Cary, North Carolina Metropoli24 tan Statistical Area. Any amounts allocated to Wake 

25 County shall be used to carry out eligible activities under 
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1 section 855 of such Act (42 U.S.C. 12904) within such 

2 metropolitan statistical area. 

3 (c) Notwithstanding section 854(c) of the AIDS 

4 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec5 retary of Housing and Urban Development may adjust the 

6 allocation of the amounts that otherwise would be allo7 cated for fiscal year 2008 under section 854(c) of such 

8 Act, upon the written request of an applicant, in conjunc9 tion with the State(s), for a formula allocation on behalf 

10 of a metropolitan statistical area, to designate the State 

11 or States in which the metropolitan statistical area is lo12 cated as the eligible grantee(s) of the allocation. In the 

13 case that a metropolitan statistical area involves more 

14 than one State, such amounts allocated to each State shall 

15 be in proportion to the number of cases of AIDS reported 

16 in the portion of the metropolitan statistical area located 

17 in that State. Any amounts allocated to a State under this 

18 section shall be used to carry out eligible activities within 

19 the portion of the metropolitan statistical area located in 

20 that State. 

21 SEC. 211. The Secretary of Housing and Urban De22 velopment shall submit an annual report no later than Au23 gust 30, 2008 and annually thereafter to the House and 

24 Senate Committees on Appropriations regarding the num25 ber of Federally assisted units under lease and the per 
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1 unit cost of these units to the Department of Housing and 

2 Urban Development. 

3 SEC. 212. The Department of Housing and Urban 

4 Development shall submit the Department’s fiscal year 

5 2009 congressional budget justifications to the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate using the identical structure provided 

8 under this Act and only in accordance with the direction 

9 specified in the report accompanying this Act. 

10 SEC. 213. Incremental vouchers previously made 

11 available under the heading ‘‘Housing Certificate Fund’’ 

12 or renewed under the heading, ‘‘Tenant-Based Rental As13 sistance,’’ for non-elderly disabled families shall, to the ex14 tent practicable, continue to be provided to non-elderly dis15 abled families upon turnover. 

16 SEC. 214. A public housing agency or such other enti17 ty that administers Federal housing assistance for the 

18 Housing Authority of the county of Los Angeles, Cali19 fornia, the States of Alaska, Iowa, and Mississippi shall 

20 not be required to include a resident of public housing or 

21 a recipient of assistance provided under section 8 of the 

22 United States Housing Act of 1937 on the board of direc23 tors or a similar governing board of such agency or entity 

24 as required under section (2)(b) of such Act. Each public 

25 housing agency or other entity that administers Federal 
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1 housing assistance under section 8 for the Housing Au2 thority of the county of Los Angeles, California and the 

3 States of Alaska, Iowa and Mississippi shall establish an 

4 advisory board of not less than 6 residents of public hous5 ing or recipients of section 8 assistance to provide advice 

6 and comment to the public housing agency or other admin7 istering entity on issues related to public housing and sec8 tion 8. Such advisory board shall meet not less than quar9 terly. 

10 SEC. 215. (a) Notwithstanding any other provision 

11 of law, subject to the conditions listed in subsection (b), 

12 for fiscal years 2008 and 2009, the Secretary may author13 ize the transfer of some or all project-based assistance, 

14 debt and statutorily required low-income and very low-in15 come use restrictions, associated with one or more multi16 family housing project to another multifamily housing 

17 project or projects. 

18 (b) The transfer authorized in subsection (a) is sub19 ject to the following conditions: 

20 (1) the number of low-income and very low-in21 come units and the net dollar amount of Federal as22 sistance provided by the transferring project shall 

23 remain the same in the receiving project or projects; 
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1 (2) the transferring project shall, as determined 

2 by the Secretary, be either physically obsolete or eco3 nomically non-viable; 

4 (3) the receiving project or projects shall meet 

5 or exceed applicable physical standards established 

6 by the Secretary; 

7 (4) the owner or mortgagor of the transferring 

8 project shall notify and consult with the tenants re9 siding in the transferring project and provide a cer10 tification of approval by all appropriate local govern11 mental officials; 

12 (5) the tenants of the transferring project who 

13 remain eligible for assistance to be provided by the 

14 receiving project or projects shall not be required to 

15 vacate their units in the transferring project or 

16 projects until new units in the receiving project are 

17 available for occupancy; 

18 (6) the Secretary determines that this transfer 

19 is in the best interest of the tenants; 

20 (7) if either the transferring project or the re21 ceiving project or projects meets the condition speci22 fied in subsection (c)(2)(A), any lien on the receiving 

23 project resulting from additional financing obtained 

24 by the owner shall be subordinate to any FHA-in-
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1 sured mortgage lien transferred to, or placed on, 

2 such project by the Secretary; 

3 (8) if the transferring project meets the re4 quirements of subsection (c)(2)(E), the owner or 

5 mortgagor of the receiving project or projects shall 

6 execute and record either a continuation of the exist7 ing use agreement or a new use agreement for the 

8 project where, in either case, any use restrictions in 

9 such agreement are of no lesser duration than the 

10 existing use restrictions; 

11 (9) any financial risk to the FHA General and 

12 Special Risk Insurance Fund, as determined by the 

13 Secretary, would be reduced as a result of a transfer 

14 completed under this section; and 

15 (10) the Secretary determines that Federal li16 ability with regard to this project will not be in17 creased. 

18 (c) For purposes of this section— 

19 (1) the terms ‘‘low-income’’ and ‘‘very low-in20 come’’ shall have the meanings provided by the stat21 ute and/or regulations governing the program under 

22 which the project is insured or assisted; 

23 (2) the term ‘‘multifamily housing project’’ 

24 means housing that meets one of the following con25 ditions— 
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1 (A) housing that is subject to a mortgage 

2 insured under the National Housing Act; 

3 (B) housing that has project-based assist4 ance attached to the structure including 

5 projects undergoing mark to market debt re6 structuring under the Multifamily Assisted 

7 Housing Reform and Affordability Housing Act; 

8 (C) housing that is assisted under section 

9 202 of the Housing Act of 1959 as amended by 

10 section 801 of the Cranston-Gonzales National 

11 Affordable Housing Act; 

12 (D) housing that is assisted under section 

13 202 of the Housing Act of 1959, as such sec14 tion existed before the enactment of the Cran15 ston-Gonzales National Affordable Housing Act; 

16 or 

17 (E) housing or vacant land that is subject 

18 to a use agreement; 

19 (3) the term ‘‘project-based assistance’’ 

20 means— 

21 (A) assistance provided under section 8(b) 

22 of the United States Housing Act of 1937; 

23 (B) assistance for housing constructed or 

24 substantially rehabilitated pursuant to assist25 ance provided under section 8(b)(2) of such Act 
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1 (as such section existed immediately before Oc2 tober 1, 1983); 

3 (C) rent supplement payments under sec4 tion 101 of the Housing and Urban Develop5 ment Act of 1965; 

6 (D) interest reduction payments under sec7 tion 236 and/or additional assistance payments 

8 under section 236(f)(2) of the National Hous9 ing Act; and, 

10 (E) assistance payments made under sec11 tion 202(c)(2) of the Housing Act of 1959; 

12 (4) the term ‘‘receiving project or projects’’ 

13 means the multifamily housing project or projects to 

14 which the project-based assistance, debt, and statu15 torily required use low-income and very low-income 

16 restrictions are to be transferred; 

17 (5) the term ‘‘transferring project’’ means the 

18 multifamily housing project which is transferring the 

19 project-based assistance, debt and the statutorily re20 quired low-income and very low-income use restric21 tions to the receiving project; and, 

22 (6) the term ‘‘Secretary’’ means the Secretary 

23 of Housing and Urban Development. 

24 SEC. 216. The funds made available for Native Alas25 kans under the heading ‘‘Native American Housing Block 
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1 Grants’’ in title III of this Act shall be allocated to the 

2 same Native Alaskan housing block grant recipients that 

3 received funds in fiscal year 2005. 

4 SEC. 217. Incremental vouchers made available under 

5 this Act and previously made available under the heading, 

6 ‘‘Housing Certificate Fund’’ or renewed under the head7 ing, ‘‘Tenant-Based Rental Assistance’’, for family unifi8 cation shall, to the extent practicable, continue to be pro9 vided for family unification. 

10 SEC. 218. None of the funds appropriated or other11 wise made available by this Act or any other Act may be 

12 used to develop or impose policies or procedures, including 

13 an account structure, that subjects the Government Na14 tional Mortgage Association to the requirements of the 

15 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

16 This section shall not be construed to exempt that entity 

17 from credit subsidy budgeting or from budget presentation 

18 requirements previously adopted. 

19 SEC. 219. (a) No assistance shall be provided under 

20 section 8 of the United States Housing Act of 1937 (42 

21 U.S.C. 1437f) to any individual who— 

22 (1) is enrolled as a student at an institution of 

23 higher education (as defined under section 102 of 

24 the Higher Education Act of 1965 (20 U.S.C. 

25 1002)); 
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1 (2) is under 24 years of age; 

2 (3) is not a veteran; 

3 (4) is unmarried; 

4 (5) does not have a dependent child; 

5 (6) is not a person with disabilities, as such 

6 term is defined in section 3(b)(3)(E) of the United 

7 States Housing Act of 1937 (42 U.S.C. 

8 1437a(b)(3)(E)) and was not receiving assistance 

9 under such section 8 as of November 30, 2005; and 

10 (7) is not otherwise individually eligible, or has 

11 parents who, individually or jointly, are not eligible, 

12 to receive assistance under section 8 of the United 

13 States Housing Act of 1937 (42 U.S.C. 1437f). 

14 (b) For purposes of determining the eligibility of a 

15 person to receive assistance under section 8 of the United 

16 States Housing Act of 1937 (42 U.S.C. 1437f), any finan17 cial assistance (in excess of amounts received for tuition) 

18 that an individual receives under the Higher Education 

19 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

20 sources, or an institution of higher education (as defined 

21 under the Higher Education Act of 1965 (20 U.S.C. 

22 1002)), shall be considered income to that individual, ex23 cept for a person over the age of 23 with dependent chil24 dren. 
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1 (c) Not later than 30 days after the date of enact2 ment of this Act, the Secretary of Housing and Urban 

3 Development shall issue final regulations to carry out the 

4 provisions of this section. 

5 SEC. 220. Notwithstanding any other provision of 

6 law, in fiscal year 2008, in managing and disposing of any 

7 multifamily property that is owned or held by the Sec8 retary of Housing and Urban Development, the Secretary 

9 shall maintain any rental assistance payments under sec10 tion 8 of the United States Housing Act of 1937 that are 

11 attached to any dwelling units in the property. To the ex12 tent the Secretary determines that such a multifamily 

13 property owned or held by the Secretary is not feasible 

14 for continued rental assistance payments under such sec15 tion 8, based on consideration of the costs of maintaining 

16 such payments for that property or other factors, the Sec17 retary may, in consultation with the tenants of that prop18 erty, contract for project-based rental assistance payments 

19 with an owner or owners of other existing housing prop20 erties, or provide other rental assistance. 

21 SEC. 221. The National Housing Act is amended— 

22 (1) in sections 207(c)(3), 213(b)(2)(B)(i), 

23 221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), 

24 and 234(e)(3)(B) (12 U.S.C. 1713(c)(3), 

25 1715e(b)(2)(B)(i), 1715l(d)(3)(ii)(II), 
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1 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and 

2 1715y(e)(3)(B))— 

3 (A) by striking ‘‘140 percent’’ each place 

4 such term appears and inserting ‘‘170 percent’’; 

5 and 

6 (B) by striking ‘‘170 percent in high cost 

7 areas’’ each place such term appears and in8 serting ‘‘215 percent in high cost areas’’; and 

9 (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. 

10 1715k(d)(3)(B)(iii)(III)) by striking ‘‘206A’’ and all 

11 that follows through ‘‘project-by-project basis’’ and 

12 inserting the following: ‘‘206A of this Act) by not to 

13 exceed 170 percent in any geographical area where 

14 the Secretary finds that cost levels so require and by 

15 not to exceed 170 percent, or 215 percent in high 

16 cost areas, where the Secretary determines it nec17 essary on a project-by-project basis’’. 

18 SEC. 222. Section 24 of the United States Housing 

19 Act of 1937 (42 U.S.C. 1437v) is amended— 

20 (1) in subsection (m)(1), by striking ‘‘2003’’ 

21 and inserting ‘‘2008’’; and 

22 (2) in subsection (o), by striking ‘‘September 

23 30, 2007’’ and inserting ‘‘September 30, 2008’’. 

24 SEC. 223. Public housing agencies that own and oper25 ate 500 or fewer public housing units may elect to be ex-
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1 empt from any asset management requirement imposed by 

2 the Secretary of Housing and Urban Development in con3 nection with the operating fund rule: Provided, That an 

4 agency seeking a discontinuance of a reduction of subsidy 

5 under the operating fund formula shall not be exempt 

6 from asset management requirements. 

7 SEC. 224. With respect to the use of amounts pro8 vided in this Act and in future Acts for the operation, cap9 ital improvement and management of public housing as 

10 authorized by sections 9(d) and 9(e) of the United States 

11 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

12 Secretary shall not impose any requirement or guideline 

13 relating to asset management that restricts or limits in 

14 any way the use of capital funds for central office costs 

15 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

16 Housing Act of 1937 (42 U.S.C. 1437g(g)(1),(2)). 

17 SEC. 225. The Secretary of Housing and Urban De18 velopment shall report quarterly to the House of Rep19 resentatives and Senate Committees on Appropriations on 

20 the status of all section 8 project-based housing, including 

21 the number of all project-based units by region as well 

22 as an analysis of all federally subsidized housing being re23 financed under the Mark-to-Market program. The Sec24 retary shall in the report identify all existing units main25 tained by region as section 8 project-based units and all 
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1 project-based units that have opted out of section 8 or 

2 have otherwise been eliminated as section 8 project-based 

3 units. The Secretary shall identify in detail and by project 

4 all the efforts made by the Department to preserve all sec5 tion 8 project-based housing units and all the reasons for 

6 any units which opted out or otherwise were lost as section 

7 8 project-based units. Such analysis shall include a review 

8 of the impact of the loss any subsidized units in that hous9 ing marketplace, such as the impact of cost and the loss 

10 of available subsidized, low-income housing in areas with 

11 scare housing resources for low-income families. 

12 SEC. 226. The Secretary of Housing and Urban De13 velopment shall report quarterly to the House of Rep14 resentatives and Senate Committees on Appropriations on 

15 HUD’s use of all sole source contracts, including terms 

16 of the contracts, cost and a substantive rationale for using 

17 a sole source contract. 

18 SEC. 227. Section 9(e)(2)(C) of the United States 

19 Housing Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is 

20 amended by adding at the end of the following: 

21 ‘‘(iv) EXISTING CONTRACTS.—The 

22 term of a contract described in clause (i) 

23 that, as of the date of enactment of this 

24 clause, is in repayment and has a term of 

25 not more than 12 years, may be extended 
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1 to a term of not more than 20 years to 

2 permit additional energy conservation im3 provements without requiring the re4 procurement of energy performance con5 tractors.’’. 

6 SEC. 228. The Secretary of Housing and Urban De7 velopment shall increase, pursuant to this section, the 

8 number of Moving-to-Work agencies authorized under sec9 tion 204, title II, of the Departments of Veterans Affairs 

10 and Housing and Urban Development and Independent 

11 Agencies Appropriations Act, 1996 (Public Law 104–134; 

12 110 Stat. 1321–281) by making the Alaska Public Hous13 ing Agency a Moving-to-Work Agency under such section 

14 204. 

15 SEC. 229. (a) The referenced statement of managers 

16 under the heading ‘‘Community Development Fund’’ in 

17 title II of Public Law 108–447 is deemed to be amended 

18 with respect to item number 203 by striking ‘‘equipment’’ 

19 and inserting ‘‘renovation and construction’’. 

20 (b) The referenced statement of managers under the 

21 heading ‘‘Community Development Fund’’ in title III of 

22 division A of Public Law 109–115 is deemed to be amend23 ed with respect to item number 696 by striking ‘‘a Small 

24 Business Development Center’’ and inserting ‘‘for revital-
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1 ization costs at the College of Agriculture Biotechnology 

2 and Natural Resources’’. 

3 (c) The referenced statement of managers under the 

4 heading ‘‘Community Development Fund’’ in title III of 

5 division A of Public Law 109–115 is deemed to be amend6 ed with respect to item number 460 by striking ‘‘Maine7 Mawoshen One Country, Two Worlds Project’’ and insert8 ing ‘‘Sharing Maine’s Maritime Heritage Project—Con9 struction and access to exhibits’’. 

10 (d) The referenced statement of managers under the 

11 heading ‘‘Community Development Fund’’ in title III of 

12 division A of Public Law 109–115 is deemed to be amend13 ed with respect to item number 914 by striking ‘‘the Pas14 time Theatre in Bristol, Rhode Island for building im15 provements’’ and inserting ‘‘the Institute for the Study 

16 and Practice of Nonviolence in Providence, Rhode Island 

17 for building renovations’’. 

18 (e) The referenced statement of managers under the 

19 heading ‘‘Community Development Fund’’ in title III of 

20 division A of Public Law 109–115 is deemed to be amend21 ed with respect to item number 918 by striking ‘‘South 

22 Kingstown’’ and inserting ‘‘Washington County’’. 

23 (f) The referenced statement of managers under the 

24 heading ‘‘Community Development Fund’’ in title III of 

25 division A of Public Law 109–115 is deemed to be amend-
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1 ed with respect to item number 624 by striking ‘‘for the 

2 construction of a new technology building’’ and inserting 

3 ‘‘for renovations to the Wheeling Community Center’’. 

4 SEC. 230. Notwithstanding the limitation in the first 

5 sentence of section 255(g) of the National Housing Act 

6 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

7 Urban Development may, until September 30, 2008, in8 sure and enter into commitments to insure mortgages 

9 under section 255 of the National Housing Act (12 U.S.C. 

10 1715z–20). 

11 SEC. 231. Notwithstanding any other provision of 

12 law, the Secretary of Housing and Urban Development 

13 may not rescind or take any adverse action with respect 

14 to the Moving-to-Work program designation for the Hous15 ing Authority of Baltimore City based on any alleged ad16 ministrative or procedural errors in making such designa17 tion. 

18 This title may be cited as the ‘‘Department of Hous19 ing and Urban Development Appropriations Act, 2008’’. 
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1 TITLE III 

2 INDEPENDENT AGENCIES 

3 ARCHITECTURAL AND TRANSPORTATION BARRIERS

4 COMPLIANCE BOARD

5 SALARIES AND EXPENSES

6 For expenses necessary for the Architectural and 

7 Transportation Barriers Compliance Board, as authorized 

8 by section 502 of the Rehabilitation Act of 1973, as 

9 amended, $6,150,000: Provided, That, notwithstanding 

10 any other provision of law, there may be credited to this 

11 appropriation funds received for publications and training 

12 expenses. 

13 FEDERAL MARITIME COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Maritime 

16 Commission as authorized by section 201(d) of the Mer17 chant Marine Act, 1936, as amended (46 U.S.C. App. 

18 1111), including services as authorized by 5 U.S.C. 3109; 

19 hire of passenger motor vehicles as authorized by 31 

20 U.S.C. 1343(b); and uniforms or allowances therefor, as 

21 authorized by 5 U.S.C. 5901–5902, $22,322,000: Pro22 vided, That not to exceed $2,000 shall be available for offi23 cial reception and representation expenses. 
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1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C. 

6 3109, but at rates for individuals not to exceed the per 

7 diem rate equivalent to the rate for a GS–15; uniforms, 

8 or allowances therefor, as authorized by law (5 U.S.C. 

9 5901–5902) $84,500,000, of which not to exceed $2,000 

10 may be used for official reception and representation ex11 penses. The amounts made available to the National 

12 Transportation Safety Board in this Act include amounts 

13 necessary to make lease payments due in fiscal year 2008 

14 only, on an obligation incurred in fiscal year 2001 for a 

15 capital lease. 

16 NEIGHBORHOOD REINVESTMENT CORPORATION

17 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

18 CORPORATION

19 For payment to the Neighborhood Reinvestment Cor20 poration for use in neighborhood reinvestment activities, 

21 as authorized by the Neighborhood Reinvestment Corpora22 tion Act (42 U.S.C. 8101–8107), $119,800,000, of which 

23 $5,000,000 shall be for a multi-family rental housing pro24 gram. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code) of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $2,300,000. 

12 Title II of the McKinney-Vento Homeless Assistance 

13 Act, as amended, is amended in section 209 by striking 

14 ‘‘2007’’ and inserting ‘‘2008’’. 

15 TITLE IV 

16 GENERAL PROVISIONS THIS ACT 

17 (INCLUDING TRANSFERS OF FUNDS)

18 SEC. 401. Such sums as may be necessary for fiscal 

19 year 2008 pay raises for programs funded in this Act shall 

20 be absorbed within the levels appropriated in this Act or 

21 previous appropriations Acts. 

22 SEC. 402. None of the funds in this Act shall be used 

23 for the planning or execution of any program to pay the 

24 expenses of, or otherwise compensate, non-Federal parties 
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1 intervening in regulatory or adjudicatory proceedings 

2 funded in this Act. 

3 SEC. 403. None of the funds appropriated in this Act 

4 shall remain available for obligation beyond the current 

5 fiscal year, nor may any be transferred to other appropria6 tions, unless expressly so provided herein. 

7 SEC. 404. The expenditure of any appropriation 

8 under this Act for any consulting service through procure9 ment contract pursuant to section 3109 of title 5, United 

10 States Code, shall be limited to those contracts where such 

11 expenditures are a matter of public record and available 

12 for public inspection, except where otherwise provided 

13 under existing law, or under existing Executive order 

14 issued pursuant to existing law. 

15 SEC. 405. Except as otherwise provided in this Act, 

16 none of the funds provided in this Act, provided by pre17 vious appropriations Acts to the agencies or entities fund18 ed in this Act that remain available for obligation or ex19 penditure in fiscal year 2008, or provided from any ac20 counts in the Treasury derived by the collection of fees 

21 and available to the agencies funded by this Act, shall be 

22 available for obligation or expenditure through a re23 programming of funds that: (1) creates a new program; 

24 (2) eliminates a program, project, or activity; (3) increases 

25 funds or personnel for any program, project, or activity 
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1 for which funds have been denied or restricted by the Con2 gress; (4) proposes to use funds directed for a specific ac3 tivity by either the House or Senate Committees on Ap4 propriations for a different purpose; (5) augments existing 

5 programs, projects, or activities in excess of $5,000,000 

6 or 10 percent, whichever is less; (6) reduces existing pro7 grams, projects, or activities by $5,000,000 or 10 percent, 

8 whichever is less; or (7) creates, reorganizes, or restruc9 tures a branch, division, office, bureau, board, commis10 sion, agency, administration, or department different from 

11 the budget justifications submitted to the Committees on 

12 Appropriations or the table accompanying the statement 

13 of the managers accompanying this Act, whichever is more 

14 detailed, unless prior approval is received from the House 

15 and Senate Committees on Appropriations: Provided, That 

16 not later than 60 days after the date of enactment of this 

17 Act, each agency funded by this Act shall submit a report 

18 to the Committees on Appropriations of the Senate and 

19 of the House of Representatives to establish the baseline 

20 for application of reprogramming and transfer authorities 

21 for the current fiscal year: Provided further, That the re22 port shall include: (1) a table for each appropriation with 

23 a separate column to display the President’s budget re24 quest, adjustments made by Congress, adjustments due to 

25 enacted rescissions, if appropriate, and the fiscal year en-
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1 acted level; (2) a delineation in the table for each appro2 priation both by object class and program, project, and 

3 activity as detailed in the budget appendix for the respec4 tive appropriation; and (3) an identification of items of 

5 special congressional interest: Provided further, That the 

6 amount appropriated or limited for salaries and expenses 

7 for an agency shall be reduced by $100,000 per day for 

8 each day after the required date that the report has not 

9 been submitted to the Congress. 

10 SEC. 406. Except as otherwise specifically provided 

11 by law, not to exceed 50 percent of unobligated balances 

12 remaining available at the end of fiscal year 2008 from 

13 appropriations made available for salaries and expenses 

14 for fiscal year 2008 in this Act, shall remain available 

15 through September 30, 2009, for each such account for 

16 the purposes authorized: Provided, That a request shall 

17 be submitted to the Committees on Appropriations for ap18 proval prior to the expenditure of such funds: Provided 

19 further, That these requests shall be made in compliance 

20 with reprogramming guidelines. 

21 SEC. 407. All Federal agencies and departments that 

22 are funded under this Act shall issue a report to the House 

23 and Senate Committees on Appropriations on all sole 

24 source contracts by no later than July 31, 2008. Such re-
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1 port shall include the contractor, the amount of the con2 tract and the rationale for using a sole source contract. 

3 SEC. 408. (a) None of the funds made available in 

4 this Act may be obligated or expended for any employee 

5 training that— 

6 (1) does not meet identified needs for knowl7 edge, skills, and abilities bearing directly upon the 

8 performance of official duties; 

9 (2) contains elements likely to induce high lev10 els of emotional response or psychological stress in 

11 some participants; 

12 (3) does not require prior employee notification 

13 of the content and methods to be used in the train14 ing and written end of course evaluation; 

15 (4) contains any methods or content associated 

16 with religious or quasi-religious belief systems or 

17 ‘‘new age’’ belief systems as defined in Equal Em18 ployment Opportunity Commission Notice N– 

19 915.022, dated September 2, 1988; or 

20 (5) is offensive to, or designed to change, par21 ticipants’ personal values or lifestyle outside the 

22 workplace. 

23 (b) Nothing in this section shall prohibit, restrict, or 

24 otherwise preclude an agency from conducting training 

25 bearing directly upon the performance of official duties. 
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1 SEC. 409. No funds in this Act may be used to sup2 port any Federal, State, or local projects that seek to use 

3 the power of eminent domain, unless eminent domain is 

4 employed only for a public use: Provided, That for pur5 poses of this section, public use shall not be construed to 

6 include economic development that primarily benefits pri7 vate entities: Provided further, That any use of funds for 

8 mass transit, railroad, airport, seaport or highway projects 

9 as well as utility projects which benefit or serve the gen10 eral public (including energy-related, communication-re11 lated, water-related and wastewater-related infrastruc12 ture), other structures designated for use by the general 

13 public or which have other common-carrier or public-util14 ity functions that serve the general public and are subject 

15 to regulation and oversight by the government, and 

16 projects for the removal of an immediate threat to public 

17 health and safety or brownsfield as defined in the Small 

18 Business Liability Relief and Brownsfield Revitalization 

19 Act (Public Law 107–118) shall be considered a public 

20 use for purposes of eminent domain: Provided further, 

21 That the Government Accountability Office, in consulta22 tion with the National Academy of Public Administration, 

23 organizations representing State and local governments, 

24 and property rights organizations, shall conduct a study 

25 to be submitted to the Congress within 12 months of the 
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1 enactment of this Act on the nationwide use of eminent 

2 domain, including the procedures used and the results ac3 complished on a State-by-State basis as well as the impact 

4 on individual property owners and on the affected commu5 nities. 

6 SEC. 410. None of the funds made available in this 

7 Act may be transferred to any department, agency, or in8 strumentality of the United States Government, except 

9 pursuant to a transfer made by, or transfer authority pro10 vided in, this Act or any other appropriations Act. 

11 SEC. 411. No part of any appropriation contained in 

12 this Act shall be available to pay the salary for any person 

13 filling a position, other than a temporary position, for14 merly held by an employee who has left to enter the Armed 

15 Forces of the United States and has satisfactorily com16 pleted his period of active military or naval service, and 

17 has within 90 days after his release from such service or 

18 from hospitalization continuing after discharge for a pe19 riod of not more than 1 year, made application for restora20 tion to his former position and has been certified by the 

21 Office of Personnel Management as still qualified to per22 form the duties of his former position and has not been 

23 restored thereto. 

24 SEC. 412. No funds appropriated pursuant to this 

25 Act may be expended by an entity unless the entity agrees 
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1 that in expending the assistance the entity will comply 

2 with sections 2 through 4 of the Act of March 3, 1933 

3 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer4 ican Act’’). 

5 SEC. 413. No funds appropriated or otherwise made 

6 available under this Act shall be made available to any 

7 person or entity that has been convicted of violating the 

8 Buy American Act (41 U.S.C. 10a–10c). 

9 This Act may be cited as the ‘‘Transportation, Hous10 ing and Urban Development, and Related Agencies Appro11 priations Act, 2008’’. 
Calendar No. 272 

110TH CONGRESS 

1ST SESSION S. 1789 

[Report No. 110–131] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2008, and for other purment, and related agencies for the fiscal year Transportation and Housing and Urban DevelopJULY 16, 2007 

Read twice and placed on the calendar