989 
existing intercity passenger rail service and providing new 
intercity passenger rail service, $90,000,000, to remain 
available until expended: Provided, That grants shall be 
provided to a State only on a reimbursable basis: Provided 
further, That grants cover no more than 50 percent of the 
total capital cost of a project selected for funding: Pro-
vided further, That no more than 10 percent of funds 
made available under this program may be used for plan-
ning activities that lead directly to the development of a 
passenger rail corridor investment plan consistent with the 
requirements established by the Administrator: Provided 
further, That no later than eight months following enact-
ment of this Act, the Secretary shall establish and publish 
criteria for project selection, set a deadline for grant appli-
cations, and provide a schedule for project selection: Pro-
vided further, That to be eligible for this assistance, States 
must include intercity passenger rail service as an integral 
part of statewide transportation planning as required 
under section 135 of title 23, United States Code: Pro-
vided further, That to be eligible for capital assistance the 
specific project must be on the Statewide Transportation 
Improvement Plan at the time of the application to qual-
ify: Provided further, That the Secretary give priority to 
capital and planning applications for projects that improve 
the safety and reliability of intercity passenger trains, in-
990 
volve a commitment by freight railroads to an enforceable 
on-time performance of passenger trains of 80 percent or 
greater, involve a commitment by freight railroads of fi-
nancial resources commensurate with the benefit expected 
to their operations, improve or extend service on a route 
that requires little or no Federal assistance for its oper-
ations, and involve a commitment by States or railroads 
of financial resources to improve the safety of highway/ 
rail grade crossings over which the passenger service oper-
ates: Provided further, That the Administrator is directed 
to report to the Committees on Appropriations not later 
than 180 days upon enactment of this Act detailing the 
recipients and outcomes of grants issued pursuant to Pub-
lic Law 110–116, under this heading, the Capital Assist-
ance to States Program, any and all usage and perform-
ance fees paid to a freight railroad for access to the right 
of way: Provided further, That the Administrator may re-
tain up to one-quarter of 1 percent of the funds provided 
under this heading to fund the award and oversight by 
the Administrator of grants made under this heading. 
RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING PROGRAM 
The Secretary of Transportation is authorized to 
issue to the Secretary of the Treasury notes or other obli-
gations pursuant to section 512 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (Public Law 94–
991 
210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant 
to the guarantee of the principal amount of obligations 
under sections 511 through 513 of such Act, such author-
ity to exist as long as any such guaranteed obligation is 
outstanding: Provided, That pursuant to section 502 of 
such Act, as amended, no new direct loans or loan guar-
antee commitments shall be made using Federal funds for 
the credit risk premium during fiscal year 2009. 
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM 
For necessary expenses of carrying out section 20154 
of title 49, United States Code, as authorized by section 
9002 of Public Law 109–59, $25,000,000, to remain 
available until expended. 
OPERATING GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for operation of intercity passenger rail, 
$550,000,000, to remain available until expended: Pro-
vided, That the Secretary shall withhold such sums as 
shall be necessary for the costs associated with the second 
retroactive wage payment to Amtrak employees and shall 
transmit such funding to the corporation for the sole and 
exclusive purpose of making such payments only at such 
time as said payments are due: Provided further, That
992 
such remaining amounts available under this paragraph 
shall be available for the Secretary to approve funding to 
cover operating losses for the Corporation only after re-
ceiving and reviewing a grant request for each specific 
train route: Provided further, That each such grant re-
quest shall be accompanied by a detailed financial anal-
ysis, revenue projection, and capital expenditure projection 
justifying the Federal support to the Secretary’s satisfac-
tion: Provided further, That the Corporation is directed 
to achieve savings through operating efficiencies including, 
but not limited to, modifications to food and beverage 
service and first class service: Provided further, That the 
Inspector General of the Department of Transportation 
shall report to the House and Senate Committees on Ap-
propriations beginning 3 months after the date of the en-
actment of this Act and quarterly thereafter with esti-
mates of the savings accrued as a result of all operational 
reforms instituted by the Corporation: Provided further, 
That not later than 120 days after enactment of this Act, 
the Corporation shall transmit to the House and Senate 
Committees on Appropriations the status of its plan to 
improve the financial performance of food and beverage 
service and its plan to improve the financial performance 
of first class service (including sleeping car service): Pro-
vided further, That the Corporation shall report quarterly
993 
to the House and Senate Committees on Appropriations 
on its progress against the milestones and target dates 
contained in the plan provided in fiscal year 2008 and 
quantify savings realized to date on a monthly basis com-
pared to those projected in the plan, identify any changes 
in the plan or delays in implementing these plans, and 
identify the causes of delay and proposed corrective meas-
ures: Provided further, That not later than 90 days after 
enactment of this Act, the Corporation shall transmit, in 
electronic format, to the Secretary, the House and Senate 
Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Com-
mittee on Commerce, Science, and Transportation a com-
prehensive business plan approved by the Board of Direc-
tors for fiscal year 2009 under section 24104(a) of title 
49, United States Code: Provided further, That the busi-
ness plan shall include, as applicable, targets for ridership, 
revenues, and capital and operating expenses: Provided 
further, That the plan shall also include a separate ac-
counting of such targets for the Northeast Corridor; com-
muter service; long-distance Amtrak service; State-sup-
ported service; each intercity train route, including Auto-
train; and commercial activities including contract oper-
ations: Provided further, That the business plan shall in-
clude a description of the work to be funded, along with
994 
cost estimates and an estimated timetable for completion 
of the projects covered by this business plan: Provided fur-
ther, That the Corporation shall continue to provide 
monthly reports in electronic format regarding the pend-
ing business plan, which shall describe the work completed 
to date, any changes to the business plan, and the reasons 
for such changes, and shall identify all sole source contract 
awards which shall be accompanied by a justification as 
to why said contract was awarded on a sole source basis: 
Provided further, That the Corporation’s business plan 
and all subsequent supplemental plans shall be displayed 
on the Corporation’s website within a reasonable time-
frame following their submission to the appropriate enti-
ties: Provided further, That none of the funds under this 
heading may be obligated or expended until the Corpora-
tion agrees to continue abiding by the provisions of para-
graphs 1, 2, 5, 9, and 11 of the summary of conditions 
for the direct loan agreement of June 28, 2002, in the 
same manner as in effect on the date of enactment of this 
Act: Provided further, That none of the funds provided in 
this Act may be used after March 1, 2006, to support any 
route on which Amtrak offers a discounted fare of more 
than 50 percent off the normal, peak fare: Provided fur-
ther, That the preceding proviso does not apply to routes 
where the operating loss as a result of the discount is cov-
995 
ered by a State and the State participates in the setting 
of fares: Provided further, That of the amounts made 
available under this heading not less than $18,500,000 
shall be available for the Amtrak Office of Inspector Gen-
eral. 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for the maintenance and repair of capital infra-
structure owned by the Corporation, including railroad 
equipment, rolling stock, legal mandates and other serv-
ices, $940,000,000, to remain available until expended, of 
which not to exceed $285,000,000 shall be for debt service 
obligations: Provided, That the Secretary may retain up 
to one-quarter of 1 percent of the funds under this head-
ing to fund the oversight by the Federal Railroad Adminis-
tration of the design and implementation of capital 
projects funded by grants made under this heading: Pro-
vided further, That the Secretary shall approve funding 
for capital expenditures, including advance purchase or-
ders of materials, for the Corporation only after receiving 
and reviewing a grant request for each specific capital 
grant justifying the Federal support to the Secretary’s 
satisfaction: Provided further, That none of the funds 
under this heading may be used to subsidize operating
996 
losses of the Corporation: Provided further, That none of 
the funds under this heading may be used for capital 
projects not approved by the Secretary of Transportation 
or on the Corporation’s fiscal year 2009 business plan: 
Provided further, That, the business plan shall be accom-
panied by a comprehensive fleet plan for all Amtrak rolling 
stock which shall address the Corporation’s detailed plans 
and timeframes for the maintenance, refurbishment, re-
placement and expansion of the Amtrak fleet: Provided 
further, That said fleet plan shall establish year-specific 
goals and milestones and discuss potential, current, and 
preferred financing options for all such activities. 
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
(RESCISSION) 
Of the amounts made available under this heading 
in Public Laws 109–115 and 110–5, all unobligated bal-
ances as of the date of enactment of this provision are 
hereby rescinded. 
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 151. The Secretary may purchase promotional 
items of nominal value for use in public outreach activities 
to accomplish the purposes of 49 U.S.C. 20134: Provided, 
That the Secretary shall prescribe guidelines for the ad-
ministration of such purchases and use.
997 
SEC. 152. Hereafter, notwithstanding any other pro-
vision of law, funds provided in this Act for the National 
Railroad Passenger Corporation shall immediately cease 
to be available to said Corporation in the event that the 
Corporation contracts to have services provided at or from 
any location outside the United States. For purposes of 
this section, the word ‘‘services’’ shall mean any service 
that was, as of July 1, 2006, performed by a full-time 
or part-time Amtrak employee whose base of employment 
is located within the United States. 
SEC. 153. The Secretary of Transportation may re-
ceive and expend cash, or receive and utilize spare parts 
and similar items, from non-United States Government 
sources to repair damages to or replace United States 
Government owned automated track inspection cars and 
equipment as a result of third party liability for such dam-
ages, and any amounts collected under this section shall 
be credited directly to the Safety and Operations account 
of the Federal Railroad Administration, and shall remain 
available until expended for the repair, operation and 
maintenance of automated track inspection cars and 
equipment in connection with the automated track inspec-
tion program. 
SEC. 154. The Federal Railroad Administrator shall 
submit a quarterly report on April 1, 2009, and quarterly
998 
reports thereafter, to the House and Senate Committees 
on Appropriations detailing the Administrator’s efforts at 
improving the on-time performance of Amtrak intercity 
rail service operating on non-Amtrak owned property. 
Such reports shall compare the most recent actual on-time 
performance data to pre-established on-time performance 
goals that the Administrator shall set for each rail service, 
identified by route. Such reports shall also include what-
ever other information and data regarding the on-time 
performance of Amtrak trains the Administrator deems to 
be appropriate. The amounts made available in this title 
under the heading ‘‘Office of the Secretary, Salaries and 
Expenses’’ shall be reduced $100,000 for each day after 
the first day of each quarter that the quarterly reports 
required by this section are not submitted to the Congress. 
FEDERAL TRANSIT ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary administrative expenses of the Federal 
Transit Administration’s programs authorized by chapter 
53 of title 49, United States Code, $94,413,000: Provided, 
That of the funds available under this heading, not to ex-
ceed $1,800,000 shall be available for travel and not to 
exceed $23,322,000 shall be available for the central ac-
count: Provided further, That any funding transferred 
from the central account shall be submitted for approval
999 
to the House and Senate Committees on Appropriations: 
Provided further, That none of the funds provided or lim-
ited in this Act may be used to create a permanent office 
of transit security under this heading: Provided further, 
That of the funds in this Act available for the execution 
of contracts under section 5327(c) of title 49, United 
States Code, $2,000,000 shall be transferred to the De-
partment of Transportation’s Office of Inspector General 
for costs associated with audits and investigations of tran-
sit-related issues, including reviews of new fixed guideway 
systems: Provided further, That upon submission to the 
Congress of the fiscal year 2010 President’s budget, the 
Secretary of Transportation shall transmit to Congress 
the annual report on new starts, including proposed alloca-
tions of funds for fiscal year 2010. 
FORMULA AND BUS GRANTS 
(LIQUIDATION OF CONTRACT AUTHORITY) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 
5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 
section 3038 of Public Law 105–178, as amended, 
$8,670,000,000 to be derived from the Mass Transit Ac-
count of the Highway Trust Fund and to remain available 
until expended: Provided, That funds available for the im-
1000 
plementation or execution of programs authorized under 
49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
5317, 5320, 5335, 5339, and 5340 and section 3038 of 
Public Law 105–178, as amended, shall not exceed total 
obligations of $8,260,565,000 in fiscal year 2009. 
RESEARCH AND UNIVERSITY RESEARCH CENTERS 
For necessary expenses to carry out 49 U.S.C. 5306, 
5312–5315, 5322, and 5506, $67,000,000, to remain 
available until expended: Provided, That $10,000,000 is 
available to carry out the transit cooperative research pro-
gram under section 5313 of title 49, United States Code, 
$4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and 
$7,000,000 is available for university transportation cen-
ters program under section 5506 of title 49, United States 
Code: Provided further, That $45,700,000 is available to 
carry out national research programs under sections 5312, 
5313, 5314, and 5322 of title 49, United States Code. 
CAPITAL INVESTMENT GRANTS 
For necessary expenses to carry out section 5309 of 
title 49, United States Code, $1,809,250,000, to remain 
available until expended, of which no less than 
$200,000,000 is for section 5309(e) of such title: Pro-
vided, That of the funds available under this heading, 
amounts are to be made available as follows:
1001 
AC 
Transit 
BRT 
Corridor, 
California, 
$4,000,000. 
Bellevue-Redmond BRT, King County, Wash-
ington, $10,952,330. 
BRT, Potomac Yard-Crystal City, City of Alex-
andria and Arlington County, Virginia, $1,000,000. 
BRT, State Avenue Corridor, Wyandotte Coun-
ty, Kansas, $1,500,000. 
Central Corridor Light Rail Transit Project, 
Minnesota, $20,000,000. 
Central 
Florida 
Commuter 
Rail, 
Florida, 
$13,000,000. 
Central Link Initial Segment, Seattle, Wash-
ington, $25,962,062. 
Central Phoenix/East Valley Light Rail, Ari-
zona, $91,800,000. 
Charlotte Rapid Transit Extension, North 
Carolina, $20,500,000. 
Commuter Rail Improvements, Fitchburg, Mas-
sachusetts, $30,000,000. 
Commuter Rail Study—Phoenix to Tucson, Ari-
zona, $3,500,000. 
CTA 
Brown 
Line 
(Ravenswood), 
Illinois, 
$30,474,404. 
CTA Circle Line, Illinois, $6,000,000.
1002 
Dallas Area Rapid Transit Northwest/Southeast 
Light Rail MOS, Texas, $87,974,716. 
Downtown Orlando East-West Circulator Sys-
tem, Florida, $8,000,000. 
Dulles 
Corridor 
Metrorail, 
Virginia, 
$29,100,000. 
Honolulu High Capacity Transit Corridor 
Project, Hawaii, $20,000,000. 
Houston Metropolitan Transit Authority Ad-
vanced Transit Program/METRO Solutions Phase 2, 
Texas, $15,000,000. 
Hudson-Bergen MOS–2, Northern, New Jersey, 
$1,103,860. 
I–69 HOV/BRT, Mississippi, $7,650,000. 
Improvements to the Rosslyn Metro Station, 
Virginia, $2,000,000. 
JTA 
BRT 
System, 
Jacksonville, 
Florida, 
$1,280,000. 
Largo Metrorail Extension, District of Colum-
bia/Maryland, $34,700,000. 
Livermore-Amador BRT, Livermore, California, 
$7,990,000. 
Long Island Rail Road East Side Access, New 
York, $209,623,898.
1003 
Mason Corridor BRT, Fort Collins, Colorado, 
$11,182,000. 
MARC 
Capacity 
Improvements, 
Maryland, 
$13,000,000. 
Metra, Illinois, $24,000,000. 
Metro Gold Line Eastside Extension, Los Ange-
les, California, $81,600,000. 
Metrorail Orange Line Extension Project, Flor-
ida, $20,000,000. 
Metro Rapid Bus System Gap Closure, Los An-
geles, California, $332,620. 
Mid-City 
Rapid, 
San 
Diego, 
California, 
$19,485,000. 
Mid Jordan Light Rail Extension, Utah, 
$20,000,000. 
Mountain Links BRT, Flagstaff, Arizona, 
$5,614,200. 
Norfolk LRT, Virginia, $53,592,108. 
North Shore LRT Connector, Pennsylvania, 
$670,885. 
Northern Indiana Commuter Transit District, 
Indiana, $5,000,000. 
Northstar 
Corridor 
Rail, 
Minnesota, 
$71,166,060.
1004 
Pacific Highway South BRT, King County, 
Washington, $281,520. 
Perris 
Valley 
Line, 
Riverside, 
California, 
$45,000,000. 
Pioneer Parkway EmX BRT, Springfield, Or-
egon, $296,000. 
San Francisco Muni Third Street Light Rail— 
Central Subway Project, California, $10,000,000. 
Second Avenue Subway Phase 1, New York, 
$277,697,000. 
South Corridor BRT, Kent County, Michigan, 
$600,000. 
South Corridor I–205/Portland Mall LRT, Or-
egon, $81,600,000. 
South County Commuter Rail, Wickford Junc-
tion Station, Rhode Island, $1,345,500. 
South Sacramento Light Rail Extension, Cali-
fornia, $7,000,000. 
Southeast 
Corridor, 
LRT, 
Colorado, 
$1,031,210. 
Stamford 
Urban 
Transitway, 
Connecticut, 
$3,650,000. 
Streetcar Loop, Portland, Oregon, $45,000,000. 
Trans-Hudson Midtown Corridor, New Jersey, 
$48,000,000.
1005 
Troost Corridor BRT, Kansas City, Missouri, 
$125,200. 
Tucson Modern Streetcar/Light Rail Transit 
System, Tucson, Arizona, $2,000,000. 
University Link LRT Extension, Washington, 
$100,000,000. 
Van Ness BRT Project, San Francisco, Cali-
fornia, $400,000. 
VRE Rolling Stock, Virginia, $5,000,000. 
Weber County to Salt Lake City Commuter 
Rail, Utah, $81,600,000. 
West Corridor LRT, Colorado, $60,000,000. 
Wilshire Boulevard Bus-Only Lane, Los Ange-
les, California, $9,857,097. 
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 
ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 160. The limitations on obligations for the pro-
grams of the Federal Transit Administration shall not 
apply to any authority under 49 U.S.C. 5338, previously 
made available for obligation, or to any other authority 
previously made available for obligation. 
SEC. 161. Notwithstanding any other provision of 
law, funds appropriated or limited by this Act under the 
Federal Transit Administration, Capital Investment 
Grants account and for bus and bus facilities under the
1006 
Federal Transit Administration, Formula and Bus Grants 
account for projects specified in this Act or identified in 
reports accompanying this Act not obligated by September 
30, 2011, and other recoveries, shall be directed to 
projects eligible to use the funds for the purposes for 
which they were originally provided. 
SEC. 162. Notwithstanding any other provision of 
law, any funds appropriated before October 1, 2008, under 
any section of chapter 53 of title 49, United States Code, 
that remain available for expenditure, may be transferred 
to and administered under the most recent appropriation 
heading for any such section. 
SEC. 163. Notwithstanding any other provision of 
law, unobligated funds made available for new fixed guide-
way system projects under the heading ‘‘Federal Transit 
Administration, Capital investment grants’’ in any appro-
priations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects. 
SEC. 164. During fiscal year 2009, each Federal 
Transit Administration grant for a project that involves 
the acquisition or rehabilitation of a bus to be used in pub-
lic transportation shall be funded for 90 percent of the 
net capital costs of a biodiesel bus or a factory-installed 
or retrofitted hybrid electric propulsion system and any 
equipment related to such a system: Provided, That the
1007 
Secretary shall have the discretion to determine, through 
practicable administrative procedures, the costs attrib-
utable to the system and related-equipment. 
SEC. 165. Notwithstanding any other provision of 
law, in regard to the Central Link Initial Segment Project, 
to the extent that Federal funds remain available within 
the current budget for the project, the Secretary shall, im-
mediately upon the date of enactment of this Act, amend 
the Full Funding Grant Agreement for said project to 
allow remaining Federal funds to be used to support com-
pletion of the Airport Link extension of said project. 
SEC. 166. Any unexpended funds in Federal Transit 
Administration grant numbers KS–03–0018 and KS–03– 
0032 shall be made available, at the request of the State, 
for a bus rapid transit project and related capital pur-
chases and facility improvements, in Johnson County, 
Kansas City, KS under the terms and conditions required 
to carry out section 5309(b)(3) of title 49, United States 
Code to the extent applicable. 
SEC. 167. Of the balances available for this fiscal 
year to carry out 49 U.S.C. 5309(b) left to the discretion 
of the Secretary of Transportation, $100,000,000 are per-
manently rescinded. 
SEC. 168. None of the funds provided or limited 
under this Act may be used to issue a final regulation
1008 
under section 5309 of title 49, United States Code, except 
that the Federal Transit Administration may continue to 
review comments received on the proposed rule (Docket 
No. FTA–2006–25737). 
SEC. 169. Funds made available for Alaska or Hawaii 
ferry boats or ferry terminal facilities pursuant to 49 
U.S.C. 5309(m)(2)(B) may be used to construct new ves-
sels and facilities, or to improve existing vessels and facili-
ties, including both the passenger and vehicle-related ele-
ments of such vessels and facilities, and for repair facili-
ties: Provided, That not more than $4,000,000 of the 
funds 
made 
available 
pursuant 
to 
U.S.C. 
5309(m)(2)(B) may be used by the City and County of 
Honolulu to operate a passenger ferry boat service dem-
onstration project to test the viability of different intra- 
island ferry boat routes and technologies. 
SEC. 170. Notwithstanding any other provision of 
law, unobligated funds or recoveries under section 5309 
of title 49, United States Code, that are available to the 
Secretary of Transportation for reallocation shall be di-
rected to projects eligible to use the funds for the purposes 
for which they were originally provided. 
SEC. 171. Notwithstanding any other provision of 
law, the $2,695,000 appropriated for the Charlotte Rapid 
Transit 
Extension—Northeast 
Corridor 
Light 
Rail
1009 
Project, North Carolina under the Alternatives Analysis 
Account in division K of the Consolidated Appropriations 
Act, 2008 (Public Law 110–161) shall be used for the 
Charlotte Rapid Transit Extension—Northeast Corridor 
to carry out new fixed guideway or extension to existing 
fixed guideway activities described in section 5309 of title 
49, United States Code. 
SAINT LAWRENCE SEAWAY DEVELOPMENT 
CORPORATION 
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, with-
in the limits of funds and borrowing authority available 
to the Corporation, and in accord with law, and to make 
such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended, as may be 
necessary in carrying out the programs set forth in the 
Corporation’s budget for the current fiscal year. 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operations, maintenance, 
and capital asset renewal of those portions of the Saint 
Lawrence Seaway owned, operated, and maintained by the 
Saint 
Lawrence 
Seaway 
Development 
Corporation, 
$31,842,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99–662.
1010 
MARITIME ADMINISTRATION 
MARITIME SECURITY PROGRAM 
For necessary expenses to maintain and preserve a 
U.S.-flag merchant fleet to serve the national security 
needs of the United States, $174,000,000, to remain avail-
able until expended. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training ac-
tivities authorized by law, $123,360,000, of which 
$10,500,000 shall remain available until expended for 
maintenance and repair of Schoolships at State Maritime 
Schools, of which $8,150,000 shall remain available until 
expended for capital improvements at the United States 
Merchant Marine Academy, and of which $53,208,000 
shall be available for operations at the United States Mer-
chant Marine Academy: Provided, That amounts appor-
tioned for the United States Merchant Marine Academy 
shall be available only upon allotments made personally 
by the Secretary of Transportation and not a designee: 
Provided further, That the Superintendent, Deputy Super-
intendent and the Director of the Office of Resource Man-
agement of the United States Merchant Marine Academy 
may not be allotment holders for the United States Mer-
chant Marine Academy, and the Administrator of Mari-
time Administration shall hold all allotments made by the 
Secretary of Transportation under the previous proviso:
1011 
Provided further, That 50 percent of the funding made 
available for the United States Merchant Marine Academy 
under this heading shall be available only after the Sec-
retary, in consultation with the Maritime Administration, 
completes a plan detailing by program or activity and by 
object class how such funding will be expended at the 
Academy, and this plan is submitted to the House and 
Senate Committees on Appropriations. 
SHIP DISPOSAL 
For necessary expenses related to the disposal of ob-
solete vessels in the National Defense Reserve Fleet of the 
Maritime Administration, $15,000,000, to remain avail-
able until expended. 
ASSISTANCE TO SMALL SHIPYARDS 
To make grants to qualified shipyards as authorized 
under section 3506 of Public Law 109–163 or section 
54101 of title 46, United States Code, $17,500,000, to 
remain available until expended: Provided, That to be con-
sidered for assistance, a qualified shipyard shall submit 
an application for assistance no later than 60 days after 
enactment of this Act: Provided further, That from appli-
cations submitted under the previous proviso, the Sec-
retary of Transportation shall make grants no later than 
120 days after enactment of this Act in such amounts as 
the Secretary determines: Provided further, That not to 
exceed 2 percent of the funds appropriated under this
1012 
heading shall be available for necessary costs of grant ad-
ministration. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For administrative expenses to carry out the guaran-
teed loan program, not to exceed $3,531,000, which shall 
be transferred to and merged with the appropriation for 
‘‘Operations and Training’’, Maritime Administration. 
SHIP CONSTRUCTION 
(RESCISSION) 
Of the unobligated balances available under this 
heading, $1,382,554 are rescinded. 
ADMINISTRATIVE PROVISIONS—MARITIME 
ADMINISTRATION 
SEC. 175. Notwithstanding any other provision of 
this Act, the Maritime Administration is authorized to fur-
nish utilities and services and make necessary repairs in 
connection with any lease, contract, or occupancy involving 
Government property under control of the Maritime Ad-
ministration, and payments received therefor shall be cred-
ited to the appropriation charged with the cost thereof: 
Provided, That rental payments under any such lease, con-
tract, or occupancy for items other than such utilities, 
services, or repairs shall be covered into the Treasury as 
miscellaneous receipts.
1013 
SEC. 176. No obligations shall be incurred during the 
current fiscal year from the construction fund established 
by the Merchant Marine Act, 1936 (46 U.S.C. 53101 note 
(cds)), or otherwise, in excess of the appropriations and 
limitations contained in this Act or in any prior appropria-
tions Act. 
SEC. 177. Section 51509 of title 46, United States 
Code, is amended in subsection (b) by deleting ‘‘$4,000’’ 
and inserting in lieu thereof ‘‘$8,000’’ and by inserting 
‘‘tuition,’’ after ‘‘uniforms,’’. 
PIPELINE AND HAZARDOUS MATERIALS SAFETY 
ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
(PIPELINE SAFETY FUND) 
For necessary operational expenses of the Pipeline 
and 
Hazardous 
Materials 
Safety 
Administration, 
$19,130,000, of which $639,000 shall be derived from the 
Pipeline Safety Fund: Provided, That $1,000,000 shall be 
transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 
safety information grants to communities’’ as authorized 
in section 60130 of title 49, United States Code: Provided 
further, That grants described under the previous proviso 
shall be awarded within 120 days of enactment of this Act. 
HAZARDOUS MATERIALS SAFETY 
For expenses necessary to discharge the hazardous 
materials safety functions of the Pipeline and Hazardous
1014 
Materials Safety Administration, $32,000,000, of which 
$3,302,000 shall remain available until September 30, 
2011: Provided, That up to $800,000 in fees collected 
under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided fur-
ther, That there may be credited to this appropriation, to 
be available until expended, funds received from States, 
counties, municipalities, other public authorities, and pri-
vate sources for expenses incurred for training, for reports 
publication and dissemination, and for travel expenses in-
curred in performance of hazardous materials exemptions 
and approvals functions. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
(OIL SPILL LIABILITY TRUST FUND) 
For expenses necessary to conduct the functions of 
the pipeline safety program, for grants-in-aid to carry out 
a pipeline safety program, as authorized by 49 U.S.C. 
60107, and to discharge the pipeline program responsibil-
ities of the Oil Pollution Act of 1990, $93,291,000, of 
which $18,810,000 shall be derived from the Oil Spill Li-
ability Trust Fund and shall remain available until Sep-
tember 30, 2011; and of which $74,481,000 shall be de-
rived from the Pipeline Safety Fund, of which 
$40,081,000 shall remain available until September 30, 
2011: Provided, That not less than $1,043,000 of the
1015 
funds provided under this heading shall be for the one- 
call State grant program. 
EMERGENCY PREPAREDNESS GRANTS 
(EMERGENCY PREPAREDNESS FUND) 
For necessary expenses to carry out 49 U.S.C. 
5128(b), $188,000, to be derived from the Emergency 
Preparedness Fund, to remain available until September 
30, 2010: Provided, That not more than $28,318,000 shall 
be made available for obligation in fiscal year 2009 from 
amounts made available by 49 U.S.C. 5116(i) and 
5128(b)–(c): Provided further, That none of the funds 
made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 
shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his or her des-
ignee. 
RESEARCH AND INNOVATIVE TECHNOLOGY 
ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the Research and Innova-
tive Technology Administration, $12,900,000, of which 
$6,936,000 shall remain available until September 30, 
2011: Provided, That there may be credited to this appro-
priation, to be available until expended, funds received 
from States, counties, municipalities, other public authori-
ties, and private sources for expenses incurred for train-
ing.
1016 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General to carry out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $71,400,000: Provided, 
That the Inspector General shall have all necessary au-
thority, in carrying out the duties specified in the Inspec-
tor General Act, as amended (5 U.S.C. App. 3), to inves-
tigate allegations of fraud, including false statements to 
the government (18 U.S.C. 1001), by any person or entity 
that is subject to regulation by the Department: Provided 
further, That the funds made available under this heading 
shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive prac-
tices and unfair methods of competition by domestic and 
foreign air carriers and ticket agents; and (2) the compli-
ance of domestic and foreign air carriers with respect to 
item (1) of this proviso. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transpor-
tation Board, including services authorized by 5 U.S.C. 
3109, $26,847,000: Provided, That notwithstanding any 
other provision of law, not to exceed $1,250,000 from fees 
established by the Chairman of the Surface Transpor-
1017 
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized 
expenses under this heading: Provided further, That the 
sum herein appropriated from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting col-
lections are received during fiscal year 2009, to result in 
a final appropriation from the general fund estimated at 
no more than $25,597,000. 
GENERAL PROVISIONS—DEPARTMENT OF 
TRANSPORTATION 
SEC. 180. During the current fiscal year applicable 
appropriations to the Department of Transportation shall 
be available for maintenance and operation of aircraft; 
hire of passenger motor vehicles and aircraft; purchase of 
liability insurance for motor vehicles operating in foreign 
countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901– 
5902). 
SEC. 181. Appropriations contained in this Act for 
the Department of Transportation shall be available for 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to 
the rate for an Executive Level IV. 
SEC. 182. None of the funds in this Act shall be avail-
able for salaries and expenses of more than 110 political
1018 
and Presidential appointees in the Department of Trans-
portation: Provided, That none of the personnel covered 
by this provision may be assigned on temporary detail out-
side the Department of Transportation. 
SEC. 183. None of the funds in this Act shall be used 
to implement section 404 of title 23, United States Code. 
SEC. 184. (a) No recipient of funds made available 
in this Act shall disseminate personal information (as de-
fined in 18 U.S.C. 2725(3)) obtained by a State depart-
ment of motor vehicles in connection with a motor vehicle 
record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 
2721. 
(b) Notwithstanding subsection (a), the Secretary 
shall not withhold funds provided in this Act for any 
grantee if a State is in noncompliance with this provision. 
SEC. 185. Funds received by the Federal Highway 
Administration, Federal Transit Administration, and Fed-
eral Railroad Administration from States, counties, mu-
nicipalities, other public authorities, and private sources 
for expenses incurred for training may be credited respec-
tively to the Federal Highway Administration’s ‘‘Federal- 
Aid Highways’’ account, the Federal Transit Administra-
tion’s ‘‘Research and University Research Centers’’ ac-
count, and to the Federal Railroad Administration’s
1019 
‘‘Safety and Operations’’ account, except for State rail 
safety inspectors participating in training pursuant to 49 
U.S.C. 20105. 
SEC. 186. Funds provided or limited in this Act 
under the appropriate accounts within the Federal High-
way Administration, the Federal Railroad Administration 
and the Federal Transit Administration shall be for the 
eligible programs, projects and activities in the cor-
responding amounts identified in the explanatory state-
ment accompanying this Act for ‘‘Ferry Boats and Ferry 
Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Main-
tenance Discretionary’’, ‘‘Transportation, Community and 
System Preservation Program’’, ‘‘Delta Region Transpor-
tation Development Program’’, ‘‘Rail Line Relocation and 
Improvement Program’’, ‘‘Rail-highway crossing hazard 
eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus 
facilities’’. 
SEC. 187. Notwithstanding any other provisions of 
law, rule or regulation, the Secretary of Transportation 
is authorized to allow the issuer of any preferred stock 
heretofore sold to the Department to redeem or repur-
chase such stock upon the payment to the Department of 
an amount determined by the Secretary. 
SEC. 188. None of the funds in this Act to the De-
partment of Transportation may be used to make a grant
1020 
unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 
3 full business days before any discretionary grant award, 
letter of intent, or full funding grant agreement totaling 
$500,000 or more is announced by the department or its 
modal administrations from: (1) any discretionary grant 
program of the Federal Highway Administration including 
the emergency relief program; (2) the airport improvement 
program of the Federal Aviation Administration; (3) any 
grant from the Federal Railroad Administration; or (4) 
any program of the Federal Transit Administration other 
than the formula grants and fixed guideway modernization 
programs: Provided, That the Secretary gives concurrent 
notification to the House and Senate Committees on Ap-
propriations for any ‘‘quick release’’ of funds from the 
emergency relief program: Provided further, That no noti-
fication shall involve funds that are not available for obli-
gation. 
SEC. 189. Rebates, refunds, incentive payments, 
minor fees and other funds received by the Department 
of Transportation from travel management centers, 
charge card programs, the subleasing of building space, 
and miscellaneous sources are to be credited to appropria-
tions of the Department of Transportation and allocated 
to elements of the Department of Transportation using
1021 
fair and equitable criteria and such funds shall be avail-
able until expended. 
SEC. 190. Amounts made available in this or any 
other Act that the Secretary determines represent im-
proper payments by the Department of Transportation to 
a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be avail-
able— 
(1) to reimburse the actual expenses incurred 
by the Department of Transportation in recovering 
improper payments; and 
(2) to pay contractors for services provided in 
recovering improper payments or contractor support 
in the implementation of the Improper Payments In-
formation Act of 2002: Provided, That amounts in 
excess of that required for paragraphs (1) and (2)— 
(A) shall be credited to and merged with 
the appropriation from which the improper pay-
ments were made, and shall be available for the 
purposes and period for which such appropria-
tions are available; or 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to the transfer of any such recovery to an ap-
1022 
propriations account, the Secretary shall notify 
the House and Senate Committees on Appro-
priations of the amount and reasons for such 
transfer: Provided further, That for purposes of 
this section, the term ‘‘improper payments’’, 
has the same meaning as that provided in sec-
tion 2(d)(2) of Public Law 107–300. 
SEC. 191. Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, said reprogramming action shall be approved 
or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other 
congressional committees of the action of the Committees 
on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogram-
ming action has been approved or denied by the House 
and Senate Committees on Appropriations. 
SEC. 192. (a) None of the funds appropriated or oth-
erwise made available under this Act to the Surface Trans-
portation Board of the Department of Transportation may 
be used to take any action to allow any activity described 
in subsection (b) in a case, matter, or declaratory order 
involving a railroad, or an entity claiming or seeking au-
1023 
thority to operate as a railroad, unless the Board receives 
written assurance from the Governor, or the Governor’s 
designee, of the State in which such activity will occur that 
such railroad or entity has agreed to comply with State 
and local regulations that establish public health, safety, 
and environmental standards for the activities described 
in subsection (b), other than zoning laws or regulations. 
(b) Activities referred to in subsection (a) are activi-
ties that occur at a solid waste rail transfer facility involv-
ing— 
(1) the collection, storage, or transfer of solid 
waste (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)) outside of original 
shipping containers; or 
(2) the separation or processing of solid waste 
(including baling, crushing, compacting, and shred-
ding). 
SEC. 193. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
complaints filed with the Board in an amount in excess 
of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
1024 
SEC. 194. Of the funds made available or limited by 
this Act, which are not otherwise allocated under this Act 
or under SAFETEA–LU (Public Law 109–59) or nec-
essary to fulfill existing agreements between the Depart-
ment of Transportation and metropolitan areas under the 
‘‘Urban Partnerships’’ and ‘‘Congestion-Reduction Dem-
onstration’’ programs, not more than 10 percent of such 
funds for any program that is allocated at the discretion 
of the Secretary may be expended in furtherance of the 
Department of Transportation’s ‘‘National Strategy to 
Reduce Congestion on America’s Transportation Net-
work’’ issued May 2006 by Secretary of Transportation, 
the Honorable Norman Mineta; also known as the ‘‘Con-
gestion Initiative’’ or any other new congestion initiative. 
SEC. 195. Of the funds available for Ferry Boats and 
Ferry Terminal Facilities, $950,000 shall be for Missouri 
River, Route 240, Saline and Howard Counties for ex-
penses, including reimbursement of previously incurred ex-
penses, for alternative transportation (including ferryboat 
service) during bridge replacement. 
SEC. 196. Notwithstanding any other provision of 
law, the State of New Mexico may use funds apportioned 
to the State under section 104(b)(2) of title 23, United 
States Code, for the congestion mitigation and air quality 
improvement program under section 149 of title 23,
1025 
United States Code, to support the operation of commuter 
rail service between Belen and Bernalillo, New Mexico. 
SEC. 197. Notwithstanding any other provision of 
law, funds made available in fiscal years 2006 through 
2009 for item number 598 in section 3044(a) of Public 
Law 109–59 that are unobligated or unexpended in a 
grant shall be made available to OATS, Incorporated for 
buses and bus-related facilities. 
SEC. 198. Notwithstanding any other provision of 
law, funds made available in fiscal years 2006 through 
2009 for item number 1152 in section 1702 of Public Law 
109–59 that are unobligated or unexpended shall be made 
available for maintenance, repair and reconstruction of the 
Tucker Bridge in the City of St. Louis, Missouri. 
SEC. 199. Notwithstanding any other provision of 
law, section 198 of division K of Public Law 110–161 shall 
continue in effect during fiscal year 2009. 
This title may be cited as the ‘‘Department of Trans-
portation Appropriations Act, 2009’’.
1026 
TITLE II 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
MANAGEMENT AND ADMINISTRATION 
EXECUTIVE DIRECTION 
For necessary salaries and expenses for Executive Di-
rection, $23,799,456, of which not to exceed $3,885,581 
shall be available for the immediate Office of the Secretary 
and Deputy Secretary; not to exceed $1,613,898 shall be 
available for the Office of Hearings and Appeals; not to 
exceed $544,552 shall be available for the Office of Small 
and Disadvantaged Business Utilization; not to exceed 
$720,343 shall be available for the immediate Office of 
the Chief Financial Officer; not to exceed $1,516,800 shall 
be available for the immediate Office of the General Coun-
sel; not to exceed $2,715,488 shall be available to the Of-
fice of the Assistant Secretary for Congressional and 
Intergovernmental Relations; not to exceed $2,586,721 
shall be available for the Office of the Assistant Secretary 
for Public Affairs; not to exceed $1,005,120 shall be avail-
able for the Office of the Assistant Secretary for Adminis-
tration; not to exceed $1,602,655 shall be available to the 
Office of the Assistant Secretary for Public and Indian 
Housing; not to exceed $1,707,499 shall be available to 
the Office of the Assistant Secretary for Community Plan-
1029 
pensation and benefits for the Center for Faith-Based and 
Community Initiatives; and not to exceed $255,497,390 
shall be available for non-personnel expenses of the De-
partment of Housing and Urban Development: Provided, 
That, funds provided under this heading may be used for 
necessary administrative and non-administrative expenses 
of the Department of Housing and Urban Development, 
not otherwise provided for, including purchase of uni-
forms, or allowances therefor, as authorized by 5 U.S.C. 
5901–5902; hire of passenger motor vehicles; services as 
authorized by 5 U.S.C. 3109: Provided further, That not-
withstanding any other provision of law, funds appro-
priated under this heading may be used for advertising 
and promotional activities that support the housing mis-
sion area: Provided further, That the Secretary of Housing 
and Urban Development is authorized to transfer funds 
appropriated for any office included in Administration, 
Operations and Management to any other office included 
in Administration, Operations and Management only after 
such transfer has been submitted to, and received prior 
written approval by, the House and Senate Committees 
on Appropriations: Provided further, That no appropria-
tion for any office shall be increased or decreased by more 
than 10 percent by all such transfers.
1030 
PERSONNEL COMPENSATION AND BENEFITS 
PUBLIC AND INDIAN HOUSING 
For necessary personnel compensation and benefits 
expenses of the Office of Public and Indian Housing, 
$190,390,100. 
COMMUNITY PLANNING AND DEVELOPMENT 
For necessary personnel compensation and benefits 
expenses of the Office of Community Planning and Devel-
opment mission area, $94,233,700. 
HOUSING 
For necessary personnel compensation and benefits 
expenses of the Office of Housing, $363,198,000. 
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE 
ASSOCIATION 
For necessary personnel compensation and benefits 
expenses of the Office of the Government National Mort-
gage Association, $10,000,000, to be derived from the 
GNMA guarantees of mortgage backed securities guaran-
teed loan receipt account. 
POLICY DEVELOPMENT AND RESEARCH 
For necessary personnel compensation and benefits 
expenses of the Office of Policy Development and Re-
search, $18,070,850.
1031 
FAIR HOUSING AND EQUAL OPPORTUNITY 
For necessary personnel compensation and benefits 
expenses of the Office of Fair Housing and Equal Oppor-
tunity, $69,020,990. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
For necessary personnel compensation and benefits 
expenses of the Office of Healthy Homes and Lead Haz-
ard Control, $6,727,950. 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities and assistance for the provision of ten-
ant-based rental assistance authorized under the United 
States Housing Act of 1937, as amended (42 U.S.C. 1437 
et seq.) (‘‘the Act’’ herein), not otherwise provided for, 
$16,817,000,000, to remain available until expended, of 
which $12,817,000,000 shall be available on October 1, 
2008, and $4,000,000,000 shall be available on October 
1, 2009: Provided, That the amounts made available under 
this heading are provided as follows: 
(1) $15,034,071,000 shall be available for re-
newals of expiring section 8 tenant-based annual 
contributions contracts (including renewals of en-
hanced vouchers under any provision of law author-
izing such assistance under section 8(t) of the Act)
1032 
and including renewal of other designated housing 
vouchers initially funded in fiscal year 2008 (such as 
Family Unification, Veterans Affairs Supportive 
Housing Vouchers and Non-elderly Disabled Vouch-
ers): Provided, That notwithstanding any other pro-
vision of law, from amounts provided under this 
paragraph and any carryover, the Secretary for the 
calendar year 2009 funding cycle shall provide re-
newal funding for each public housing agency based 
on voucher management system (VMS) leasing and 
cost data for the most recent Federal fiscal year and 
by applying the 2009 Annual Adjustment Factor as 
established by the Secretary, and by making any 
necessary adjustments for the costs associated with 
deposits to family self-sufficiency program escrow 
accounts or first-time renewals including tenant pro-
tection or HOPE VI vouchers: Provided further, 
That none of the funds provided under this para-
graph may be used to fund a total number of unit 
months under lease which exceeds a public housing 
agency’s authorized level of units under contract: 
Provided further, That the Secretary shall, to the ex-
tent necessary to stay within the amount specified 
under this paragraph (except as otherwise modified 
under this Act), pro rate each public housing agen-
1033 
cy’s allocation otherwise established pursuant to this 
paragraph: Provided further, That except as provided 
in the last two provisos, the entire amount specified 
under this paragraph (except as otherwise modified 
under this Act) shall be obligated to the public hous-
ing agencies based on the allocation and pro rata 
method described above and the Secretary shall no-
tify public housing agencies of their annual budget 
not later than 60 days after enactment of this Act: 
Provided further, That the Secretary may extend the 
60-day notification period with the written approval 
of the House and Senate Committees on Appropria-
tions: Provided further, That public housing agencies 
participating in the Moving to Work demonstration 
shall be funded pursuant to their Moving to Work 
agreements and shall be subject to the same pro 
rata adjustments under the previous provisos: Pro-
vided further, That up to $100,000,000 shall be 
available only: (1) to adjust the allocations for public 
housing agencies, after application for an adjust-
ment by a public housing agency that experienced a 
significant increase, as determined by the Secretary, 
in renewal costs of tenant-based rental assistance re-
sulting from unforeseen circumstances or from port-
ability under section 8(r) of the Act; (2) for adjust-
1034 
ments for public housing agencies with voucher leas-
ing rates at the end of the calendar year that exceed 
the average leasing for the 12-month period used to 
establish the allocation; (3) for adjustments for the 
costs associated with VASH vouchers; and (4) for 
vouchers that were not in use during the 12-month 
period in order to be available to meet a commit-
ment pursuant to section 8(o)(13) of the Act. 
(2) $150,000,000 for section 8 rental assistance 
for relocation and replacement of housing units that 
are demolished or disposed of pursuant to the Omni-
bus Consolidated Rescissions and Appropriations Act 
of 1996 (Public Law 104–134), conversion of section 
23 projects to assistance under section 8, the family 
unification program under section 8(x) of the Act, 
relocation of witnesses in connection with efforts to 
combat crime in public and assisted housing pursu-
ant to a request from a law enforcement or prosecu-
tion agency, enhanced vouchers under any provision 
of law authorizing such assistance under section 8(t) 
of the Act, HOPE VI vouchers, mandatory and vol-
untary conversions, and tenant protection assistance 
including replacement and relocation assistance or 
for project based assistance to prevent the displace-
ment of unassisted elderly tenants currently residing
1035 
in section 202 properties financed between 1959 and 
1974 that are refinanced pursuant to Public Law 
106–569, as amended or under the authority as pro-
vided under this Act: Provided, That the Secretary 
shall provide replacement vouchers for all units that 
were occupied within the previous 24 months that 
cease to be available as assisted housing, subject 
only to the availability of funds. 
(3) Not to exceed $7,929,000 provided under 
this heading may be transferred to the Working 
Capital Fund: Provided, That funding made avail-
able under this section shall not be transferred to 
the Working Capital Fund until the voucher man-
agement system leasing and cost data is made avail-
able to the public on the Department of Housing 
and Urban Development website. 
(4) $1,500,000,000 for administrative and 
other expenses of public housing agencies in admin-
istering the section 8 tenant-based rental assistance 
program and which up to $50,000,000 shall be 
available to the Secretary to allocate to public hous-
ing agencies that need additional funds to admin-
ister their section 8 programs, including fees associ-
ated with section 8 tenant protection rental assist-
ance, the administration of disaster related vouchers,
1036 
Veterans Affairs Supportive Housing vouchers, and 
other incremental vouchers: Provided, That no less 
than $1,400,000,000 of the amount provided in this 
paragraph shall be allocated to public housing agen-
cies for the calendar year 2009 funding cycle based 
on section 8(q) of the Act (and related Appropria-
tion Act provisions) as in effect immediately before 
the enactment of the Quality Housing and Work Re-
sponsibility Act of 1998 (Public Law 105–276): Pro-
vided further, That if the amounts made available 
under this paragraph are insufficient to pay the 
amounts determined under the previous proviso, the 
Secretary may decrease the amounts allocated to 
agencies by a uniform percentage applicable to all 
agencies receiving funding under this paragraph or 
may, to the extent necessary to provide full payment 
of amounts determined under the previous proviso, 
utilize unobligated balances, including recaptures 
and carryovers, remaining from funds appropriated 
to the Department of Housing and Urban Develop-
ment under this heading, for fiscal year 2008 and 
prior fiscal years, notwithstanding the purposes for 
which such amounts were appropriated: Provided 
further, That amounts provided under this para-
graph shall be only for activities related to the provi-
1037 
sion of tenant-based rental assistance authorized 
under section 8, including related development ac-
tivities: Provided further, That of the total amount 
provided under this paragraph, $50,000,000 shall be 
made available for family self-sufficiency coordina-
tors under section 23 of the Act. 
(5) $20,000,000 for incremental voucher assist-
ance through the Family Unification Program: Pro-
vided, That the assistance made available under this 
paragraph shall continue to remain available for 
family unification upon turnover: Provided further, 
That the Secretary of Housing and Urban Develop-
ment shall make such funding available, notwith-
standing section 204 (competition provision) of this 
title, to entities with demonstrated experience and 
resources for supportive services. 
(6) $75,000,000 for incremental rental voucher 
assistance for use through a supported housing pro-
gram administered in conjunction with the Depart-
ment of Veterans Affairs as authorized under section 
8(o)(19) of the United States Housing Act of 1937: 
Provided, That the Secretary of Housing and Urban 
Development shall make such funding available, not-
withstanding section 204 (competition provision) of 
this title, to public housing agencies that partner
1038 
with eligible VA Medical Centers or other entities as 
designated by the Secretary of the Department of 
Veterans Affairs, based on geographical need for 
such assistance as identified by the Secretary of the 
Department of Veterans Affairs, public housing 
agency administrative performance, and other fac-
tors as specified by the Secretary of Housing and 
Urban Development in consultation with the Sec-
retary of the Department of Veterans Affairs: Pro-
vided further, That the Secretary of Housing and 
Urban Development may waive, or specify alter-
native requirements for (in consultation with the 
Secretary of the Department of Veterans Affairs), 
any provision of any statute or regulation that the 
Secretary of Housing and Urban Development ad-
ministers in connection with the use of funds made 
available under this paragraph (except for require-
ments related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a find-
ing by the Secretary that any such waivers or alter-
native requirements are necessary for the effective 
delivery and administration of such voucher assist-
ance: Provided further, That assistance made avail-
able under this paragraph shall continue to remain 
available for homeless veterans upon turn-over.
1039 
(7) $30,000,000 for incremental vouchers under 
section 8 of the Act for nonelderly disabled families: 
Provided, That assistance made available under this 
paragraph shall continue to remain available for the 
same population upon turnover: Provided further, 
That the Secretary of Housing and Urban Develop-
ment shall make such funding available, notwith-
standing section 204 (competition provision) of this 
title, to entities with demonstrated experience and 
resources for supportive services. 
HOUSING CERTIFICATE FUND 
Of the unobligated balances, including recaptures and 
carryover, remaining from funds appropriated to the De-
partment of Housing and Urban Development under this 
heading, the heading ‘‘Annual Contributions for Assisted 
Housing’’ and the heading ‘‘Project-Based Rental Assist-
ance’’, for fiscal year 2009 and prior years may be used 
for renewal of or amendments to section 8 project-based 
contracts and for performance-based contract administra-
tors, notwithstanding the purposes for which such funds 
were appropriated: Provided, That any obligated balances 
of contract authority from fiscal year 1974 and prior that 
have been terminated shall be cancelled.
1040 
PUBLIC HOUSING CAPITAL FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Public Housing Capital Fund Program to 
carry out capital and management activities for public 
housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) 
(the ‘‘Act’’) $2,450,000,000, to remain available until 
September 30, 2012: Provided, That notwithstanding any 
other provision of law or regulation, during fiscal year 
2009 the Secretary of Housing and Urban Development 
may not delegate to any Department official other than 
the Deputy Secretary and the Assistant Secretary for 
Public and Indian Housing any authority under paragraph 
(2) of section 9(j) regarding the extension of the time peri-
ods under such section: Provided further, That for pur-
poses of such section 9(j), the term ‘‘obligate’’ means, with 
respect to amounts, that the amounts are subject to a 
binding agreement that will result in outlays, immediately 
or in the future: Provided further, That of the total 
amount provided under this heading, up to $10,000,000 
shall be for carrying out activities under section 9(h) of 
such Act; not to exceed $14,577,000 may be transferred 
to the Working Capital Fund; and up to $15,345,000 shall 
be to support the ongoing Public Housing Financial and 
Physical Assessment activities of the Real Estate Assess-
1041 
ment Center (REAC): Provided further, That no funds 
may be used under this heading for the purposes specified 
in section 9(k) of the Act: Provided further, That of the 
total amount provided under this heading, not to exceed 
$20,000,000 shall be available for the Secretary to make 
grants, notwithstanding section 204 of this Act, to public 
housing agencies for emergency capital needs including 
safety and security measures necessary to address crime 
and drug-related activity as well as needs resulting from 
unforeseen or unpreventable emergencies and natural dis-
asters excluding Presidentially declared disasters occur-
ring in fiscal year 2009: Provided further, That of the total 
amount provided under this heading, $40,000,000 shall be 
for supportive services, service coordinators and con-
gregate services as authorized by section 34 of the Act 
(42 U.S.C. 1437z–6) and the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4101 et seq.): Provided further, That of the total amount 
provided under this heading up to $8,820,000 is to sup-
port the costs of administrative and judicial receiverships: 
Provided further, That from the funds made available 
under this heading, the Secretary shall provide bonus 
awards in fiscal year 2009 to public housing agencies that 
are designated high performers.
1042 
PUBLIC HOUSING OPERATING FUND 
For 2009 payments to public housing agencies for the 
operation and management of public housing, as author-
ized by section 9(e) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(e)), $4,455,000,000; of which 
$5,940,000 shall be for competitive grants and contracts 
to third parties for the provision of technical assistance 
to public housing agencies related to the transition and 
implementation of asset-based management in public 
housing: Provided, That, in fiscal year 2009 and all fiscal 
years hereafter, no amounts under this heading in any ap-
propriations Act may be used for payments to public hous-
ing agencies for the costs of operation and management 
of public housing for any year prior to the current year 
of such Act: Provided further, That no funds may be used 
under this heading for the purposes specified in section 
9(k) of the United States Housing Act of 1937. 
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC 
HOUSING (HOPE VI) 
For grants to public housing agencies for demolition, 
site revitalization, replacement housing, and tenant-based 
assistance grants to projects as authorized by section 24 
of the United States Housing Act of 1937 (42 U.S.C. 
1437v), $120,000,000, to remain available until Sep-
tember 30, 2010, of which the Secretary of Housing and 
Urban Development shall use $2,400,000 for technical as-
1043 
sistance and contract expertise, to be provided directly or 
indirectly by grants, contracts or cooperative agreements, 
including training and cost of necessary travel for partici-
pants in such training, by or to officials and employees 
of the department and of public housing agencies and to 
residents: Provided, That none of such funds shall be used 
directly or indirectly by granting competitive advantage in 
awards to settle litigation or pay judgments, unless ex-
pressly permitted herein. 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For the Native American Housing Block Grants pro-
gram, as authorized under title I of the Native American 
Housing Assistance and Self-Determination Act of 1996 
(NAHASDA) (25 U.S.C. 4111 et seq.), $645,000,000, to 
remain available until expended: Provided, That, notwith-
standing the Native American Housing Assistance and 
Self-Determination Act of 1996, to determine the amount 
of the allocation under title I of such Act for each Indian 
tribe, the Secretary shall apply the formula under section 
302 of such Act with the need component based on single- 
race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation 
for each Indian tribe shall be the greater of the two result-
ing allocation amounts: Provided further, That of the 
amounts made available under this heading, $3,500,000 
shall be contracted for assistance for a national organiza-
1044 
tion representing Native American housing interests for 
providing training and technical assistance to Indian hous-
ing authorities and tribally designated housing entities as 
authorized under NAHASDA; and $4,250,000 shall be to 
support the inspection of Indian housing units, contract 
expertise, training, and technical assistance in the train-
ing, oversight, and management of such Indian housing 
and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount pro-
vided under this heading, $2,000,000 shall be made avail-
able for the cost of guaranteed notes and other obligations, 
as authorized by title VI of NAHASDA: Provided further, 
That such costs, including the costs of modifying such 
notes and other obligations, shall be as defined in section 
502 of the Congressional Budget Act of 1974, as amend-
ed: Provided further, That these funds are available to sub-
sidize the total principal amount of any notes and other 
obligations, any part of which is to be guaranteed, not to 
exceed $17,000,000. 
NATIVE HAWAIIAN HOUSING BLOCK GRANT 
For the Native Hawaiian Housing Block Grant pro-
gram, as authorized under title VIII of the Native Amer-
ican Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain 
available until expended: Provided, That of this amount, 
$299,211 shall be for training and technical assistance ac-
1045 
tivities, including up to $100,000 for related travel by Ha-
waii-based HUD employees. 
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, as authorized by 
section 184 of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z–13a), $9,000,000, to re-
main available until expended: Provided, That such costs, 
including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to 
be guaranteed, up to $420,000,000: Provided further, 
That up to $750,000 shall be for administrative contract 
expenses including management processes and systems to 
carry out the loan guarantee program. 
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by 
section 184A of the Housing and Community Develop-
ment Act of 1992 (12 U.S.C. 1715z–13b), $1,044,000, to 
remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are avail-
1046 
able to subsidize total loan principal, any part of which 
is to be guaranteed, not to exceed $41,504,255. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS 
Housing Opportunity Act (42 U.S.C. 12901 et seq.), 
$310,000,000, to remain available until September 30, 
2010, except that amounts allocated pursuant to section 
854(c)(3) of such Act shall remain available until Sep-
tember 30, 2011: Provided, That the Secretary shall renew 
all expiring contracts for permanent supportive housing 
that were funded under section 854(c)(3) of such Act that 
meet all program requirements before awarding funds for 
new contracts and activities authorized under this section: 
Provided further, That the Secretary may use not to ex-
ceed $1,485,000 of the funds under this heading for train-
ing, oversight, and technical assistance activities; and not 
to exceed $1,750,000 may be transferred to the Working 
Capital Fund. 
RURAL HOUSING AND ECONOMIC DEVELOPMENT 
For the Office of Rural Housing and Economic De-
velopment in the Department of Housing and Urban De-
velopment, $26,000,000, to remain available until ex-
pended, which amount shall be competitively awarded by
1047 
September 1, 2009, to Indian tribes, State housing finance 
agencies, State community and/or economic development 
agencies, local rural nonprofits and community develop-
ment corporations to support innovative housing and eco-
nomic development activities in rural areas: Provided, 
That of the total amount made available under this head-
ing, not less than $5,000,000 shall be made available to 
promote economic development and entrepreneurship for 
federally recognized Indian Tribes, through activities in-
cluding the capitalization of revolving loan programs and 
business planning and development, funding is also made 
available for technical assistance to increase capacity 
through training and outreach activities. 
COMMUNITY DEVELOPMENT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For assistance to units of State and local govern-
ment, and to other entities, for economic and community 
development 
activities, 
and 
for 
other 
purposes, 
$3,900,000,000, to remain available until September 30, 
2011, unless otherwise specified: Provided, That of the 
total amount provided, $3,641,966,875 is for carrying out 
the community development block grant program under 
title I of the Housing and Community Development Act 
of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 
et seq.): Provided further, That unless explicitly provided 
for under this heading (except for planning grants pro-
1048 
vided in the second paragraph and amounts made avail-
able under the third paragraph), not to exceed 20 percent 
of any grant made with funds appropriated under this 
heading shall be expended for planning and management 
development and administration: Provided further, That of 
the total amount made available under this heading, not 
to exceed $3,175,000 may be transferred to the Working 
Capital Fund: Provided further, That $5,000,000 is for 
technical assistance as authorized by section 107(b)(4) of 
such Act: Provided further, That $65,000,000 shall be for 
grants to Indian tribes notwithstanding section 106(a)(1) 
of such Act, of which, notwithstanding any other provision 
of law (including section 204 of this Act), up to 
$3,960,000 may be used for emergencies that constitute 
imminent threats to health and safety. 
Of the amount made available under this heading, 
$165,311,875 shall be available for grants for the Eco-
nomic Development Initiative (EDI) to finance a variety 
of targeted economic investments in accordance with the 
terms and conditions specified in the explanatory state-
ment accompanying this Act: Provided, That none of the 
funds provided under this paragraph may be used for pro-
gram operations: Provided further, That, for fiscal years 
2007, 2008 and 2009, no unobligated funds for EDI 
grants may be used for any purpose except acquisition,
1049 
planning, design, purchase of equipment, revitalization, re-
development or construction. 
Of the amount made available under this heading, 
$19,546,250 shall be available for neighborhood initiatives 
that are utilized to improve the conditions of distressed 
and blighted areas and neighborhoods, to stimulate invest-
ment, economic diversification, and community revitaliza-
tion in areas with population outmigration or a stagnating 
or declining economic base, or to determine whether hous-
ing benefits can be integrated more effectively with welfare 
reform initiatives: Provided, That amounts made available 
under this paragraph shall be provided in accordance with 
the terms and conditions specified in the explanatory 
statement accompanying this Act. 
The referenced statement of managers under this 
heading in title III of division A of Public Law 109–115 
is deemed to be amended with respect to item number 889 
by striking ‘‘Perry County, Pennsylvania to develop an in-
dustrial park in New Bloomfield’’ and inserting ‘‘Perry 
County, Pennsylvania to develop an industrial park in 
Penn Township/Duncannon’’. 
The referenced statement of managers under the 
heading ‘‘Community Planning and Development’’ in title 
II of division K of Public Law 110–161 is deemed to be 
amended by striking: ‘‘Golden Castings Foundry Demoli-
1050 
tion and Site Remediation Project to raze and remediate 
the site of the former Golden Castings Foundry for the 
demolition and environmental remediation costs of the 
Golden Castings foundry site’’ and inserting ‘‘To reme-
diate the former site of the Columbus Wood Treating 
Plant in Columbus, Indiana’’. 
The referenced explanatory statement under this 
heading in Public Law 110–161 is deemed to be amended 
with respect to the fourth item included in the table found 
on page 2439 with respect to amounts made available for 
the Springfield Boys and Girls Club by striking ‘‘Spring-
field Boys and Girls Club; Community Center; Springfield, 
IL; Planning, development, land acquisition, and construc-
tion costs for a new community center in Springfield.’’ and 
inserting ‘‘City of Springfield for capital costs associated 
with the Edwin Watts Southwind Park’’. 
The referenced statement of managers under the 
heading ‘‘Community Development Fund’’ in title II of di-
vision K of Public Law 110–161 is deemed to be amended 
by striking: ‘‘City of Charlotte, NC for land acquisition 
in the development of the Belvedere Business Park’’ and 
inserting ‘‘City of Charlotte, NC for development of the 
Belvedere Business Park’’.
1051 
COMMUNITY DEVELOPMENT LOAN GUARANTEES 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, $6,000,000, to re-
main available until September 30, 2010, as authorized 
by section 108 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5308): Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $275,000,000, notwith-
standing any aggregate limitation on outstanding obliga-
tions guaranteed in section 108(k) of the Housing and 
Community Development Act of 1974, as amended. 
BROWNFIELDS REDEVELOPMENT 
For competitive economic development grants, as au-
thorized by section 108(q) of the Housing and Community 
Development Act of 1974, as amended, for Brownfields 
redevelopment projects, $10,000,000, to remain available 
until September 30, 2010: Provided, That no funds made 
available under this heading may be used to establish loan 
loss reserves for the section 108 Community Development 
Loan Guarantee program.
1052 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For the HOME investment partnerships program, as 
authorized under title II of the Cranston-Gonzalez Na-
tional 
Affordable 
Housing 
Act, 
as 
amended, 
$1,825,000,000, to remain available until September 30, 
2011, of which not to exceed $4,200,000 may be trans-
ferred to the Working Capital Fund: Provided, That up 
to $12,000,000 shall be available for technical assistance: 
Provided further, That, in prior appropriations Acts for 
Community Housing Development Organizations technical 
assistance, and that still remain available, may be used 
for HOME technical assistance notwithstanding the pur-
poses for which such amounts were appropriated. 
SELF-HELP AND ASSISTED HOMEOWNERSHIP 
OPPORTUNITY PROGRAM 
For the Self-Help and Assisted Homeownership Op-
portunity Program, as authorized under section 11 of the 
Housing Opportunity Program Extension Act of 1996, as 
amended, $64,000,000 to remain available until Sep-
tember 30, 2011: Provided, That of the total amount pro-
vided under this heading, $26,500,000 shall be made 
available to the Self-Help and Assisted Homeownership 
Opportunity Program as authorized under section 11 of 
the Housing Opportunity Program Extension Act of 1996, 
as amended: Provided further, That $34,000,000 shall be
1053 
made available for the second, third and fourth capacity 
building activities authorized under section 4(a) of the 
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 
of which not less than $5,000,000 may be made available 
for rural capacity building activities: Provided further, 
That $3,500,000 shall be made available for capacity 
building activities as authorized in sections 6301 through 
6305 of Public Law 110–246. 
HOMELESS ASSISTANCE GRANTS 
(INCLUDING TRANSFER OF FUNDS) 
For the emergency shelter grants program as author-
ized under subtitle B of title IV of the McKinney-Vento 
Homeless Assistance Act, as amended; the supportive 
housing program as authorized under subtitle C of title 
IV of such Act; the section 8 moderate rehabilitation sin-
gle room occupancy program as authorized under the 
United States Housing Act of 1937, as amended, to assist 
homeless individuals pursuant to section 441 of the 
McKinney-Vento Homeless Assistance Act; and the shelter 
plus care program as authorized under subtitle F of title 
IV of such Act, $1,677,000,000, of which $1,672,000,000 
shall remain available until September 30, 2011, and of 
which $5,000,000 shall remain available until expended 
for rehabilitation projects with 10-year grant terms: Pro-
vided, That of the amount provided, $10,000,000 shall be 
made available to conduct a demonstration program on the
1054 
prevention of homelessness among the Nation’s veterans: 
Provided further, That the Secretary shall work in coordi-
nation with the Department of Veterans Affairs and the 
Department of Labor to select a limited number of urban 
and rural sites in which to carry out this demonstration: 
Provided further, That in selecting sites, the Secretary 
shall evaluate the rate of homelessness among veterans in 
the area, and the experience of the grantees in coordi-
nating with Department of Veterans Affairs and the De-
partment of Labor to enable veterans to access main-
stream programs: Provided further, That of the sites se-
lected, up to three shall have a high number of service 
members separating from the military and transitioning 
into civilian life: Provided further, That the Secretary shall 
also select up to four sites located in rural areas to evalu-
ate how to effectively serve veterans in rural areas, many 
of whom may have been part of the National Guard, may 
have limited access to the Department of Veterans Affairs 
medical centers, and may have dependent family members: 
Provided further, That funding made available under this 
demonstration shall be available for housing and appro-
priate services to prevent veterans and their families from 
becoming homeless or reduce the length of time veterans 
and their families are homeless: Provided further, That of 
the amounts made available under this heading, not to ex-
1055 
ceed $750,000 may be available for an evaluation of this 
demonstration: Provided further, That not less than 30 
percent of funds made available, excluding amounts pro-
vided for renewals under the shelter plus care program, 
shall be used for permanent housing for individuals and 
families: Provided further, That all funds awarded for 
services shall be matched by not less than 25 percent in 
funding by each grantee: Provided further, That for all 
match requirements applicable to funds made available 
under this heading for this fiscal year and prior years, 
a grantee may use (or could have used) as a source of 
match funds other funds administered by the Secretary 
and other Federal agencies unless there is (or was) a spe-
cific statutory prohibition on any such use of any such 
funds: Provided further, That the Secretary shall renew 
on an annual basis expiring contracts or amendments to 
contracts funded under the shelter plus care program if 
the program is determined to be needed under the applica-
ble continuum of care and meets appropriate program re-
quirements and financial standards, as determined by the 
Secretary: Provided further, That all awards of assistance 
under this heading shall be required to coordinate and in-
tegrate homeless programs with other mainstream health, 
social services, and employment programs for which home-
less populations may be eligible, including Medicaid, State
1056 
Children’s Health Insurance Program, Temporary Assist-
ance for Needy Families, Food Stamps, and services fund-
ing through the Mental Health and Substance Abuse 
Block Grant, Workforce Investment Act, and the Welfare- 
to-Work grant program: Provided further, That up to 
$8,000,000 of the funds appropriated under this heading 
shall be available for the national homeless data analysis 
project and technical assistance: Provided further, That of 
the total amount made available under this heading, not 
to exceed $2,675,000 may be transferred to the Working 
Capital Fund: Provided further, That $3,000,000 of the 
funds appropriated under this heading shall be used to 
conduct research on homeless issues, including homeless 
prevention and youth homelessness: Provided further, That 
all balances for Shelter Plus Care renewals previously 
funded from the Shelter Plus Care Renewal account and 
transferred to this account shall be available, if recap-
tured, for Shelter Plus Care renewals in fiscal year 2009: 
Provided further, That this heading in the Department of 
Housing and Urban Development Appropriations Act, 
2008 is amended by inserting the following new proviso 
after the third proviso: ‘‘Provided further, That the Sec-
retary may renew grants made under this demonstration 
program and may treat such original grants and any such
1057 
renewal grants as if these grants were made under the 
supportive housing program:’’. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities and assistance for the provision of 
project-based subsidy contracts under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 
Act’’), not otherwise provided for, $7,100,000,000, to re-
main available until expended, shall be available on Octo-
ber 1, 2008, and $400,000,000, to remain available until 
expended, shall be available on October 1, 2009: Provided, 
That the amounts made available under this heading are 
provided as follows: 
(1) $6,868,000,000 shall be available for expir-
ing or terminating section 8 project-based subsidy 
contracts (including section 8 moderate rehabilita-
tion contracts), for amendments to section 8 project- 
based subsidy contracts (including section 8 mod-
erate rehabilitation contracts), for contracts entered 
into pursuant to section 441 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11401), for re-
newal of section 8 contracts for units in projects 
that are subject to approved plans of action under 
the Emergency Low Income Housing Preservation 
Act of 1987 or the Low-Income Housing Preserva-
1058 
tion and Resident Homeownership Act of 1990, and 
for administrative and other expenses associated 
with project-based activities and assistance funded 
under this paragraph. 
(2) Up to $232,000,000 shall be available for 
performance-based contract administrators for sec-
tion 8 project-based assistance: Provided, That the 
Secretary of Housing and Urban Development may 
also use such amounts for performance-based con-
tract administrators for the administration of: inter-
est reduction payments pursuant to section 236(a) 
of the National Housing Act (12 U.S.C. 1715z– 
1(a)); rent supplement payments pursuant to section 
101 of the Housing and Urban Development Act of 
1965 (12 U.S.C. 1701s); section 236(f)(2) rental as-
sistance 
payments 
(12 
U.S.C. 
1715z–1(f)(2)); 
project rental assistance contracts for the elderly 
under section 202(c)(2) of the Housing Act of 1959 
(12 U.S.C. 1701q); project rental assistance con-
tracts for supportive housing for persons with dis-
abilities under section 811(d)(2) of the Cranston- 
Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(d)(2)); project assistance contracts pur-
suant to section 202(h) of the Housing Act of 1959 
(Public Law 86–372; 73 Stat. 667); and loans under
1059 
section 202 of the Housing Act of 1959 (Public Law 
86–372; 73 Stat. 667). 
(3) Not to exceed $10,000,000 provided under 
this heading may be transferred to the Working 
Capital Fund. 
(4) Amounts recaptured under this heading, the 
heading ‘‘Annual Contributions for Assisted Hous-
ing’’, or the heading ‘‘Housing Certificate Fund’’ 
may be used for renewals of or amendments to sec-
tion 8 project-based contracts or for performance- 
based contract administrators, notwithstanding the 
purposes for which such amounts were appropriated. 
HOUSING FOR THE ELDERLY 
(INCLUDING TRANSFER OF FUNDS) 
For capital advances, including amendments to cap-
ital advance contracts, for housing for the elderly, as au-
thorized by section 202 of the Housing Act of 1959, as 
amended, and for project rental assistance for the elderly 
under section 202(c)(2) of such Act, including amend-
ments to contracts for such assistance and renewal of ex-
piring contracts for such assistance for up to a 1-year 
term, and for supportive services associated with the hous-
ing, $765,000,000, to remain available until September 
30, 2012, of which up to $626,400,000 shall be for capital 
advance and project-based rental assistance awards: Pro-
vided, That, of the amount provided under this heading,
1060 
up to $90,000,000 shall be for service coordinators and 
the continuation of existing congregate service grants for 
residents of assisted housing projects, and of which up to 
$25,000,000 shall be for grants under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion 
of eligible projects under such section to assisted living 
or related use and for substantial and emergency capital 
repairs as determined by the Secretary: Provided further, 
That of the amount made available under this heading, 
$20,000,000 shall be available to the Secretary of Housing 
and Urban Development only for making competitive 
grants to private nonprofit organizations and consumer 
cooperatives for covering costs of architectural and engi-
neering work, site control, and other planning relating to 
the development of supportive housing for the elderly that 
is eligible for assistance under section 202 of the Housing 
Act of 1959 (12 U.S.C. 1701q): Provided further, That 
amounts under this heading shall be available for Real Es-
tate Assessment Center inspections and inspection-related 
activities associated with section 202 capital advance 
projects: Provided further, That up to $2,000,000 of the 
total amount made available under this heading shall be 
for technical assistance to improve grant applications and 
to facilitate the development of housing for the elderly 
under section 202 of the Housing Act of 1959, and sup-
1061 
portive housing for persons with disabilities under section 
811 of the Cranston-Gonzales National Affordable Hous-
ing Act: Provided further, That of the total amount made 
available under this heading, not to exceed $1,600,000 
may be transferred to the Working Capital Fund: Pro-
vided further, That the Secretary may waive the provisions 
of section 202 governing the terms and conditions of 
project rental assistance, except that the initial contract 
term for such assistance shall not exceed 5 years in dura-
tion. 
HOUSING FOR PERSONS WITH DISABILITIES 
(INCLUDING TRANSFER OF FUNDS) 
For capital advance contracts, including amendments 
to capital advance contracts, for supportive housing for 
persons with disabilities, as authorized by section 811 of 
the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), for project rental assistance for sup-
portive housing for persons with disabilities under section 
811(d)(2) of such Act, including amendments to contracts 
for such assistance and renewal of expiring contracts for 
such assistance for up to a 1-year term, and for supportive 
services associated with the housing for persons with dis-
abilities as authorized by section 811(b)(1) of such Act, 
and for tenant-based rental assistance contracts entered 
into pursuant to section 811 of such Act, $250,000,000, 
of which up to $161,300,000 shall be for capital advances
1062 
and project-based rental assistance contracts, to remain 
available until September 30, 2012: Provided, That of the 
total amount made available under this heading, not to 
exceed $1,600,000 may be transferred to the Working 
Capital Fund: Provided further, That, of the amount pro-
vided under this heading, $87,100,000 shall be for amend-
ments or renewal of tenant-based assistance contracts en-
tered into prior to fiscal year 2005 (only one amendment 
authorized for any such contract): Provided further, That 
all tenant-based assistance made available under this 
heading shall continue to remain available only to persons 
with disabilities: Provided further, That the Secretary may 
waive the provisions of section 811 governing the terms 
and conditions of project rental assistance and tenant- 
based assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration: Pro-
vided further, That amounts made available under this 
heading shall be available for Real Estate Assessment 
Center inspections and inspection-related activities associ-
ated with section 811 Capital Advance Projects. 
HOUSING COUNSELING ASSISTANCE 
For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and 
Urban 
Development 
Act 
of 
1968, 
as 
amended, 
$65,000,000, including up to $2,000,000 for administra-
tive contract services, to remain available until September
1063 
30, 2010: Provided, That funds shall be used for providing 
counseling and advice to tenants and homeowners, both 
current and prospective, with respect to property mainte-
nance, financial management/literacy, and such other mat-
ters as may be appropriate to assist them in improving 
their housing conditions, meeting their financial needs, 
and fulfilling the responsibilities of tenancy or homeowner-
ship; for program administration; and for housing coun-
selor training. 
OTHER ASSISTED HOUSING PROGRAMS 
RENTAL HOUSING ASSISTANCE 
For amendments to contracts under section 101 of 
the Housing and Urban Development Act of 1965 (12 
U.S.C. 1701s) and section 236(f)(2) of the National 
Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in-
sured rental housing projects, $27,600,000, to remain 
available until expended. 
RENT SUPPLEMENT 
(RESCISSION) 
Of the amounts recaptured from terminated con-
tracts under section 101 of the Housing and Urban Devel-
opment Act of 1965 (12 U.S.C. 1701s) and section 236 
of the National Housing Act (12 U.S.C. 1715z–1) 
$37,600,000 are rescinded.
1064 
PAYMENT TO MANUFACTURED HOUSING FEES TRUST 
FUND 
For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Stand-
ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 
$16,000,000, to remain available until expended, of which 
$10,600,000 is to be derived from the Manufactured 
Housing Fees Trust Fund: Provided, That not to exceed 
the total amount appropriated under this heading shall be 
available from the general fund of the Treasury to the ex-
tent necessary to incur obligations and make expenditures 
pending the receipt of collections to the Fund pursuant 
to section 620 of such Act: Provided further, That the 
amount made available under this heading from the gen-
eral fund shall be reduced as such collections are received 
during fiscal year 2009 so as to result in a final fiscal 
year 2009 appropriation from the general fund estimated 
at not more than $5,400,000 and fees pursuant to such 
section 620 shall be modified as necessary to ensure such 
a final fiscal year 2009 appropriation: Provided further, 
That for the dispute resolution and installation programs, 
the Secretary of Housing and Urban Development may 
assess and collect fees from any program participant: Pro-
vided further, That such collections shall be deposited into 
the Fund, and the Secretary, as provided herein, may use
1065 
such collections, as well as fees collected under section 
620, for necessary expenses of such Act: Provided further, 
That notwithstanding the requirements of section 620 of 
such Act, the Secretary may carry out responsibilities of 
the Secretary under such Act through the use of approved 
service providers that are paid directly by the recipients 
of their services. 
FEDERAL HOUSING ADMINISTRATION 
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
During fiscal year 2009, commitments to guarantee 
single family loans insured under the Mutual Mortgage In-
surance Fund shall not exceed a loan principal of 
$315,000,000,000. During fiscal year 2009, obligations to 
make direct loans to carry out the purposes of section 
204(g) of the National Housing Act, as amended, shall 
not exceed $50,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental 
entities in connection with sales of single family real prop-
erties owned by the Secretary and formerly insured under 
the Mutual Mortgage Insurance Fund. For administrative 
contract expenses, $116,000,000, of which at least 
$46,794,000 shall, and up to $58,492,500 may, be trans-
ferred to the Working Capital Fund, and of which up to 
$7,500,000 shall be for education and outreach of FHA 
single family loan products: Provided further, That to the
1066 
extent 
guaranteed 
loan 
commitments 
exceed 
$65,500,000,000 on or before April 1, 2009, an additional 
$1,400 for administrative contract expenses shall be avail-
able for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any 
amount below $1,000,000), but in no case shall funds 
made available by this proviso exceed $30,000,000. 
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by 
sections 238 and 519 of the National Housing Act (12 
U.S.C. 1715z–3 and 1735c), including the cost of loan 
guarantee modifications, as that term is defined in section 
502 of the Congressional Budget Act of 1974, as amend-
ed, $8,600,000, to remain available until expended: Pro-
vided, That commitments to guarantee loans shall not ex-
ceed $45,000,000,000 in total loan principal, any part of 
which is to be guaranteed. Gross obligations for the prin-
cipal amount of direct loans, as authorized by sections 
204(g), 207(l), 238, and 519(a) of the National Housing 
Act, shall not exceed $50,000,000, of which not to exceed 
$30,000,000 shall be for bridge financing in connection 
with the sale of multifamily real properties owned by the 
Secretary and formerly insured under such Act; and of 
which not to exceed $20,000,000 shall be for loans to non-
profit and governmental entities in connection with the 
sale of single-family real properties owned by the Sec-
1067 
retary and formerly insured under such Act. For adminis-
trative contract expenses necessary to carry out the guar-
anteed and direct loan programs, $48,871,000, of which 
at least $47,871,000 shall be for administrative contracts 
and up to $1,000,000 shall be for consumer education and 
outreach for FHA loan products. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 
GUARANTEE PROGRAM ACCOUNT 
New commitments to issue guarantees to carry out 
the purposes of section 306 of the National Housing Act, 
as amended (12 U.S.C. 1721(g)), shall not exceed 
$300,000,000,000, to remain available until September 
30, 2010: Provided, That to the extent new guarantees 
of mortgage-backed securities exceed $75,000,000,000 on 
or before April 1, 2009, an additional $1,000 for adminis-
trative contract expenses shall be available for each 
$1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below 
$1,000,000) but in no case shall funds made available by 
this proviso exceed $14,000,000. 
POLICY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and
1068 
urban problems, not otherwise provided for, as authorized 
by title V of the Housing and Urban Development Act 
of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 
out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization 
Plan No. 2 of 1968, $58,000,000, to remain available 
until September 30, 2010: Provided, That of the funds 
made available under this heading, $23,000,000 is for 
grants pursuant to section 107 of the Housing and Com-
munity Development Act of 1974 (42 U.S.C. 5307): Pro-
vided further, That at least $1,000,000 shall be available 
for the Secretary to conduct a comprehensive study to be 
managed by the Office of Policy Development and Re-
search, to analyze the administrative costs necessary to 
carry-out the tenant-based voucher program: Provided fur-
ther, That of the total amount made available, $2,000,000 
may be made available for technology directly related to 
disaster prone areas. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not oth-
erwise provided for, as authorized by title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988, and section 561 of the Housing 
and Community Development Act of 1987, as amended,
1069 
$53,500,000, to remain available until September 30, 
2010, of which $27,500,000 shall be to carry out activities 
pursuant to such section 561 of which up to $2,000,000 
shall be made available to carryout authorized activities 
to protect the public from mortgage rescue scams: Pro-
vided, That notwithstanding 31 U.S.C. 3302, the Sec-
retary may assess and collect fees to cover the costs of 
the Fair Housing Training Academy, and may use such 
funds to provide such training: Provided further, That no 
funds made available under this heading shall be used to 
lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant 
or loan: Provided further, That of the funds made available 
under this heading, $500,000 shall be available to the Sec-
retary of Housing and Urban Development for the cre-
ation and promotion of translated materials and other pro-
grams that support the assistance of persons with limited 
English proficiency in utilizing the services provided by 
the Department of Housing and Urban Development. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
LEAD HAZARD REDUCTION 
For the Lead Hazard Reduction Program, as author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $140,000,000, to remain
1070 
available until September 30, 2010, of which not less than 
$14,600,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and 
Urban Development Act of 1970 that shall include re-
search, studies, testing, and demonstration efforts, includ-
ing education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards: 
Provided, That for purposes of environmental review, pur-
suant to the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and other provisions of law that 
further the purposes of such Act, a grant under the 
Healthy Homes Initiative, Operation Lead Elimination 
Action Plan (LEAP), or the Lead Technical Studies pro-
gram under this heading or under prior appropriations 
Acts for such purposes under this heading, shall be consid-
ered to be funds for a special project for purposes of sec-
tion 305(c) of the Multifamily Housing Property Disposi-
tion Reform Act of 1994: Provided further, That of the 
total amount made available under this heading, 
$48,000,000 shall be made available on a competitive 
basis for areas with the highest lead paint abatement 
needs: Provided further, That each recipient of funds pro-
vided under the second proviso shall make a matching con-
tribution in an amount not less than 25 percent: Provided 
further, That the Secretary may waive the matching re-
1071 
quirement cited in the preceding proviso on a case by case 
basis if the Secretary determines that such a waiver is nec-
essary to advance the purposes of this program: Provided 
further, That each applicant shall submit a detailed plan 
and strategy that demonstrates adequate capacity that is 
acceptable to the Secretary to carry out the proposed use 
of funds pursuant to a notice of funding availability: Pro-
vided further, That amounts made available under this 
heading in prior appropriations Acts, and that still remain 
available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were 
appropriated: Provided further, That of the total amount 
made available under this heading, $250,000 shall be allo-
cated through the Office of Healthy Homes and Lead 
Hazard Control to conduct communications and outreach 
to potential applicants to the Lead Hazard Reduction 
Demonstration Grant program. 
MANAGEMENT AND ADMINISTRATION 
WORKING CAPITAL FUND 
For additional capital for the Working Capital Fund 
(42 U.S.C. 3535) for the development of, modifications 
to, and infrastructure for Department-wide information 
technology systems, for the continuing operation and 
maintenance of both Department-wide and program-spe-
cific information systems, and for program-related devel-
1072 
opment activities, $224,000,000, to remain available until 
September 30, 2010, of which not less than $4,000,000 
shall be used for planning for modernizing, improving and 
maintaining information technology applications and in-
frastructure supporting the FHA: Provided, That any 
amounts transferred to this Fund under this Act shall re-
main available until expended: Provided further, That any 
amounts transferred to this Fund from amounts appro-
priated by previously enacted appropriations Acts or from 
within this Act may be used only for the purposes specified 
under this Fund, in addition to the purposes for which 
such amounts were appropriated: Provided further, That 
up to $15,000,000 may be transferred to this account 
from all other accounts in this title (except for the Office 
of the Inspector General account) that make funds avail-
able for salaries and expenses. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of 
Inspector General in carrying out the Inspector General 
Act of 1978, as amended, $120,000,000: Provided, That 
the Inspector General shall have independent authority 
over all personnel issues within this office.
1073 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded or in the 
case of cash, shall be remitted to the Treasury, and such 
amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by 
State housing finance agencies or local governments or 
local housing agencies with projects approved by the Sec-
retary of Housing and Urban Development for which set-
tlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget 
authority or cash recaptured and not rescinded or remitted 
to the Treasury to provide project owners with incentives 
to refinance their project at a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2009 to investigate 
or prosecute under the Fair Housing Act any otherwise 
lawful activity engaged in by one or more persons, includ-
1074 
ing the filing or maintaining of a non-frivolous legal ac-
tion, that is engaged in solely for the purpose of achieving 
or preventing action by a Government official or entity, 
or a court of competent jurisdiction. 
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under 
this title for fiscal year 2009 that are allocated under such 
section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined 
under subsection (b), for any State that— 
(1) received an allocation in a prior fiscal year 
under clause (ii) of such section; and 
(2) is not otherwise eligible for an allocation for 
fiscal year 2009 under such clause (ii) because the 
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year 
2009 do not have the number of cases of acquired 
immunodeficiency syndrome (AIDS) required under 
such clause. 
(b) The amount of the allocation and grant for any 
State described in subsection (a) shall be an amount based 
on the cumulative number of AIDS cases in the areas of 
that State that are outside of metropolitan statistical 
areas that qualify under clause (i) of such section
1075 
854(c)(1)(A) in fiscal year 2009, in proportion to AIDS 
cases among cities and States that qualify under clauses 
(i) and (ii) of such section and States deemed eligible 
under subsection (a). 
(c) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2009 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of New York, New York, on behalf 
of the New York-Wayne-White Plains, New York-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
vision’’) of the New York-Newark-Edison, NY-NJ-PA 
Metropolitan Statistical Area, shall be adjusted by the 
Secretary of Housing and Urban Development by: (1) allo-
cating to the City of Jersey City, New Jersey, the propor-
tion of the metropolitan area’s or division’s amount that 
is based on the number of cases of AIDS reported in the 
portion of the metropolitan area or division that is located 
in Hudson County, New Jersey, and adjusting for the pro-
portion of the metropolitan division’s high incidence bonus 
if this area in New Jersey also has a higher than average 
per capita incidence of AIDS; and (2) allocating to the 
City of Paterson, New Jersey, the proportion of the metro-
politan area’s or division’s amount that is based on the 
number of cases of AIDS reported in the portion of the 
metropolitan area or division that is located in Bergen
1076 
County and Passaic County, New Jersey, and adjusting 
for the proportion of the metropolitan division’s high inci-
dence bonus if this area in New Jersey also has a higher 
than average per capita incidence of AIDS. The recipient 
cities shall use amounts allocated under this subsection 
to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in 
their respective portions of the metropolitan division that 
is located in New Jersey. 
(d) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2009 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to areas with a higher than average per capita 
incidence of AIDS, shall be adjusted by the Secretary on 
the basis of area incidence reported over a 3 year period. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made 
pursuant to title II of this Act shall be made on a competi-
tive basis and in accordance with section 102 of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations
1077 
on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage 
Association, Government National Mortgage Association, 
Federal Home Loan Mortgage Corporation, Federal Fi-
nancing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank 
within the meaning of the Federal Deposit Insurance Cor-
poration Act, as amended (12 U.S.C. 1811–1831). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban 
Development shall be available for any program, project 
or activity in excess of amounts set forth in the budget 
estimates submitted to Congress. 
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, are here-
by authorized to make such expenditures, within the limits 
of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2009 for such corporation or agen-
1078 
cy except as hereinafter provided: Provided, That collec-
tions of these corporations and agencies may be used for 
new loan or mortgage purchase commitments only to the 
extent expressly provided for in this Act (unless such loans 
are in support of other forms of assistance provided for 
in this or prior appropriations Acts), except that this pro-
viso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial in-
terest of the United States Government. 
SEC. 208. None of the funds provided in this title 
for technical assistance, training, or management improve-
ments may be obligated or expended unless the Secretary 
of Housing and Urban Development provides to the Com-
mittees on Appropriations a description of each proposed 
activity and a detailed budget estimate of the costs associ-
ated with each program, project or activity as part of the 
Budget Justifications. For fiscal year 2009, the Secretary 
shall transmit this information to the Committees by 
March 15, 2009 for 30 days of review. 
SEC. 209. The Secretary of Housing and Urban De-
velopment shall provide quarterly reports to the House 
and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in 
each program and activity within the jurisdiction of the
1079 
Department and shall submit additional, updated budget 
information to these Committees upon request. 
SEC. 210. (a) Notwithstanding any other provision 
of law, the amount allocated for fiscal year 2009 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
on behalf of the Wilmington, Delaware-Maryland-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
vision’’), shall be adjusted by the Secretary of Housing 
and Urban Development by allocating to the State of New 
Jersey the proportion of the metropolitan division’s 
amount that is based on the number of cases of AIDS 
reported in the portion of the metropolitan division that 
is located in New Jersey, and adjusting for the proportion 
of the metropolitan division’s high incidence bonus if this 
area in New Jersey also has a higher than average per 
capita incidence of AIDS. The State of New Jersey shall 
use amounts allocated to the State under this subsection 
to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
portion of the metropolitan division that is located in New 
Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allo-
cate to Wake County, North Carolina, the amounts that
1080 
otherwise would be allocated for fiscal year 2009 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 
on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake 
County shall be used to carry out eligible activities under 
section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area. 
(c) Notwithstanding section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec-
retary of Housing and Urban Development may adjust the 
allocation of the amounts that otherwise would be allo-
cated for fiscal year 2009 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunc-
tion with the State(s), for a formula allocation on behalf 
of a metropolitan statistical area, to designate the State 
or States in which the metropolitan statistical area is lo-
cated as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more 
than one State, such amounts allocated to each State shall 
be in proportion to the number of cases of AIDS reported 
in the portion of the metropolitan statistical area located 
in that State. Any amounts allocated to a State under this 
section shall be used to carry out eligible activities within
1081 
the portion of the metropolitan statistical area located in 
that State. 
SEC. 211. The President’s formal budget request for 
fiscal year 2010, as well as the Department of Housing 
and Urban Development’s congressional budget justifica-
tions to be submitted to the Committees on Appropriations 
of the House of Representatives and the Senate, shall use 
the identical account and sub-account structure provided 
under this Act. 
SEC. 212. A public housing agency or such other enti-
ty that administers Federal housing assistance for the 
Housing Authority of the county of Los Angeles, Cali-
fornia, the States of Alaska, Iowa, and Mississippi shall 
not be required to include a resident of public housing or 
a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of direc-
tors or a similar governing board of such agency or entity 
as required under section (2)(b) of such Act. Each public 
housing agency or other entity that administers Federal 
housing assistance under section 8 for the Housing Au-
thority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not 
to include a resident of Public Housing or a recipient of 
section 8 assistance on the board of directors or a similar 
governing board shall establish an advisory board of not
1082 
less than six residents of public housing or recipients of 
section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on 
issues related to public housing and section 8. Such advi-
sory board shall meet not less than quarterly. 
SEC. 213. (a) Notwithstanding any other provision 
of law, subject to the conditions listed in subsection (b), 
for fiscal years 2008 and 2009, the Secretary of Housing 
and Urban Development may authorize the transfer of 
some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, 
associated with one or more multifamily housing project 
to another multifamily housing project or projects. 
(b) The transfer authorized in subsection (a) is sub-
ject to the following conditions: 
(1) The number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall 
remain the same in the receiving project or projects. 
(2) The transferring project shall, as deter-
mined by the Secretary, be either physically obsolete 
or economically non-viable. 
(3) The receiving project or projects shall meet 
or exceed applicable physical standards established 
by the Secretary.
1084 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions. 
(9) Any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
Secretary, would be reduced as a result of a transfer 
completed under this section. 
(10) The Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the stat-
ute and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following con-
ditions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including 
projects undergoing mark to market debt re-
structuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act;
1085 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such sec-
tion existed before the enactment of the Cran-
ston-Gonzales National Affordable Housing Act; 
or 
(E) housing or vacant land that is subject 
to a use agreement; 
(3) 
the 
term 
‘‘project-based 
assistance’’ 
means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assist-
ance provided under section 8(b)(2) of such Act 
(as such section existed immediately before Oc-
tober 1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Develop-
ment Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments
1086 
under section 236(f)(2) of the National Hous-
ing Act; and 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, 
debt, and statutorily required use low-income and 
very low-income restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
SEC. 214. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title III of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 215. No funds provided under this title may be 
used for an audit of the Government National Mortgage
1087 
Association that makes applicable requirements under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 216. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a 
person to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
1088 
cial assistance (in excess of amounts received for tuition) 
that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined 
under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, ex-
cept for a person over the age of 23 with dependent chil-
dren. 
SEC. 217. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act 
(12 U.S.C. 1715z–20(g)), the Secretary of Housing and 
Urban Development may, until September 30, 2009, in-
sure and enter into commitments to insure mortgages 
under section 255 of the National Housing Act (12 U.S.C. 
1715z–20). 
SEC. 218. Notwithstanding any other provision of 
law, in fiscal year 2009, in managing and disposing of any 
multifamily property that is owned or has a mortgage held 
by the Secretary of Housing and Urban Development, the 
Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 
and other programs that are attached to any dwelling 
units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held
1089 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating 
and operating the property and all available Federal, 
State, and local resources, including rent adjustments 
under section 524 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 
(2) environmental conditions that cannot be remedied in 
a cost-effective fashion, the Secretary may, in consultation 
with the tenants of that property, contract for project- 
based rental assistance payments with an owner or owners 
of other existing housing properties, or provide other rent-
al assistance. The Secretary shall also take appropriate 
steps to ensure that project-based contracts remain in ef-
fect prior to foreclosure, subject to the exercise of contrac-
tual abatement remedies to assist relocation of tenants for 
imminent major threats to health and safety. After dis-
position of any multifamily property described under this 
section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under sec-
tion 524 of MAHRAA. 
SEC. 219. During fiscal year 2009, in the provision 
of rental assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and
1090 
effectiveness of providing such assistance for use in as-
sisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) 
and (18)(B)(iii) of such section 8(o), a family residing in 
an assisted living facility in any such county, on behalf 
of which a public housing agency provides assistance pur-
suant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, 
to pay rent in an amount exceeding 40 percent of the 
monthly adjusted income of the family by such a percent-
age or amount as the Secretary of Housing and Urban 
Development determines to be appropriate. 
SEC. 220. The Secretary of Housing and Urban De-
velopment shall report quarterly to the House of Rep-
resentatives and Senate Committees on Appropriations on 
HUD’s use of all sole source contracts, including terms 
of the contracts, cost, and a substantive rationale for 
using a sole source contract. 
SEC. 221. Notwithstanding any other provision of 
law, the recipient of a grant under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q–2) after Decem-
ber 26, 2000, in accordance with the unnumbered para-
graph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own 
the project and may lend the grant funds to such entity,
1091 
which may be a private nonprofit organization described 
in section 831 of the American Homeownership and Eco-
nomic Opportunity Act of 2000. 
SEC. 222. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitle-
ment communities in the State in accordance with the re-
quirements of section 108 of the Housing and Community 
Development Act of 1974: Provided, That, any State re-
ceiving such a guarantee or commitment shall distribute 
all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received 
the commitment. 
(b) Not later than 60 days after the date of enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall promulgate regulations governing the 
administration of the funds described under subsection 
(a). 
SEC. 223. Section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘2003’’ 
and inserting ‘‘2009’’; and
1092 
(2) in subsection (o), by striking ‘‘September 
30, 2007’’ and inserting ‘‘September 30, 2009’’. 
SEC. 224. (a) REQUIRED SUBMISSIONS FOR FISCAL 
YEARS 2008 AND 2009.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary of 
Housing and Urban Development shall submit to the 
relevant authorizing committees and to the Commit-
tees on Appropriations of the Senate and the House 
of Representatives for fiscal years 2008 and 2009— 
(A) a complete and accurate accounting of 
the actual project-based renewal costs for 
project-based assistance under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f); 
(B) revised estimates of the funding need-
ed to fully fund all 12 months of all project- 
based contracts under such section 8, including 
project-based contracts that expire in fiscal year 
2008 and fiscal year 2009; and 
(C) all sources of funding that will be used 
to fully fund all 12 months of the project-based 
contracts for fiscal years 2008 and 2009. 
(2) UPDATED
INFORMATION.—At any time 
after the expiration of the 60-day period described
1093 
in paragraph (1), the Secretary may submit correc-
tions or updates to the information required under 
paragraph (1), if upon completion of an audit of the 
project-based assistance program under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 
1437f), such audit reveals additional information 
that may provide Congress a more complete under-
standing of the Secretary’s implementation of the 
project-based assistance program under such section 
8. 
(b) REQUIRED SUBMISSIONS
FOR FISCAL YEAR 
2010.—As part of the Department of Housing and Urban 
Development’s budget request for fiscal year 2010, the 
Secretary of Housing and Urban Development shall sub-
mit to the relevant authorizing committees and to the 
Committees on Appropriations of the Senate and the 
House of Representatives complete and detailed informa-
tion, including a project-by-project analysis, that verifies 
that such budget request will fully fund all project-based 
contracts under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f) in fiscal year 2010, includ-
ing expiring project-based contracts. 
SEC. 225. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be ex-
empt from any asset management requirement imposed by
1094 
the Secretary of Housing and Urban Development in con-
nection with the operating fund rule: Provided, That an 
agency seeking a discontinuance of a reduction of subsidy 
under the operating fund formula shall not be exempt 
from asset management requirements. 
SEC. 226. With respect to the use of amounts pro-
vided in this Act and in future Acts for the operation, cap-
ital improvement and management of public housing as 
authorized by sections 9(d) and 9(e) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline 
relating to asset management that restricts or limits in 
any way the use of capital funds for central office costs 
pursuant to section 9(g)(1) or 9(g)(2) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro-
vided, however, that a public housing agency may not use 
capital funds authorized under section 9(d) for activities 
that are eligible under section 9(e) for assistance with 
amounts from the operating fund in excess of the amounts 
permitted under section 9(g)(1) or 9(g)(2). 
SEC. 227. The Secretary of Housing and Urban De-
velopment shall report quarterly to the House of Rep-
resentatives and Senate Committees on Appropriations on 
the status of all section 8 project-based housing, including 
the number of all project-based units by region as well
1095 
as an analysis of all federally subsidized housing being re-
financed under the Mark-to-Market program. The Sec-
retary shall in the report identify all existing units main-
tained by region as section 8 project-based units and all 
project-based units that have opted out of section 8 or 
have otherwise been eliminated as section 8 project-based 
units. The Secretary shall identify in detail and by project 
all the efforts made by the Department to preserve all sec-
tion 8 project-based housing units and all the reasons for 
any units which opted out or otherwise were lost as section 
8 project-based units. Such analysis shall include a review 
of the impact of the loss of any subsidized units in that 
housing marketplace, such as the impact of cost and the 
loss of available subsidized, low-income housing in areas 
with scarce housing resources for low-income families. 
SEC. 228. Section 683(2) of the Housing and Com-
munity Development Act of 1992 (42 U.S.C. 13641(2)) 
is amended— 
(1) in subparagraph (F), by striking ‘‘and’’; 
(2) in subparagraph (G) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding a new subparagraph (H) as fol-
lows:
1096 
‘‘(H) housing that is assisted under section 
811 of the Cranston-Gonzalez Affording Hous-
ing Act (42 U.S.C. 8013).’’. 
SEC. 229. The Home Investment Partnerships Act 
(42 U.S.C. 12721 et seq.) is amended— 
(1) in section 233(d)(1) by striking ‘‘20’’ and 
inserting ‘‘40’’; 
(2) in section 233(e) by striking ‘‘40’’ and in-
serting ‘‘25’’; 
(3) in section 243(b), in the second sentence, by 
striking ‘‘20’’ and inserting ‘‘40’’; and 
(4) in section 271(i) by striking ‘‘Act after De-
cember 31, 2007’’ and inserting ‘‘section after De-
cember 31, 2011’’. 
SEC. 230. No official or employee of the Department 
of Housing and Urban Development shall be designated 
as an allotment holder unless the Office of the Chief Fi-
nancial Officer has determined that such allotment holder 
has implemented an adequate system of funds control and 
has received training in funds control procedures and di-
rectives. The Chief Financial Officer shall ensure that, not 
later than 90 days after the date of enactment of this Act, 
a trained allotment holder shall be designated for each 
HUD subaccount under the headings ‘‘Executive Direc-
tion’’ and ‘‘Administration, Operations, and Management’’
1097 
as well as each account receiving appropriations for ‘‘per-
sonnel compensation and benefits’’ within the Department 
of Housing and Urban Development. 
SEC. 231. Payment of attorney fees in program-re-
lated litigation must be paid from individual program of-
fice personnel benefits and compensation funding. The an-
nual budget submission for program office personnel ben-
efit and compensation funding must include program-re-
lated litigation costs for attorney fees as a separate line 
item request. 
SEC. 232. Of the unobligated balances remaining 
from funds appropriated under the heading ‘‘Tenant- 
Based Rental Assistance’’ under the Department of Hous-
ing and Urban Development Appropriations Act, 2008, 
$750,000,000 are rescinded from the $4,158,000,000 
which are available on October 1, 2008. Such amount shall 
be derived from reductions to public housing agencies’ cal-
endar year 2009 allocations based on amounts in public 
housing agencies’ net restricted assets accounts (in ac-
cordance with VMS data in calendar year 2008 that is 
verifiable and complete), as determined by the Secretary. 
SEC. 233. The Secretary of the Department of Hous-
ing and Urban Development shall for Fiscal Year 2009 
and thereafter, notify the public through the Federal Reg-
ister and other means, as determined appropriate, of the
1098 
issuance of a notice of the availability of assistance or no-
tice of funding availability (NOFA) for any program or 
discretionary fund administered by the Secretary that is 
to be competitively awarded. Notwithstanding any other 
provision of law, for Fiscal Year 2009 and thereafter, the 
Secretary may make the NOFA available only on the 
Internet at the appropriate government website or 
websites or through other electronic media, as determined 
by the Secretary. 
SEC. 234. PREPAYMENT AND REFINANCING. (a) AP-
PROVAL OF PREPAYMENT OF DEBT.—Upon request of the 
project sponsor of a project assisted with a loan under 
section 202 of the Housing Act of 1959 (as in effect before 
the enactment of the Cranston-Gonzalez National Afford-
able Housing Act), for which the Secretary’s consent to 
prepayment is required, the Secretary shall approve the 
prepayment of any indebtedness to the Secretary relating 
to any remaining principal and interest under the loan as 
part of a prepayment plan under which— 
(1) the project sponsor agrees to operate the 
project until the maturity date of the original loan 
under terms at least as advantageous to existing and 
future tenants as the terms required by the original 
loan agreement or any project-based rental assist-
ance payments contract under section 8 of the
1099 
United States Housing Act of 1937 (or any other 
project-based rental housing assistance programs of 
the Department of Housing and Urban Develop-
ment, including the rent supplement program under 
section 101 of the Housing and Urban Development 
Act of 1965 (12 U.S.C. 1701s)) or any successor 
project-based rental assistance program, except as 
provided by subsection (a)(2)(B); and 
(2) the prepayment may involve refinancing of 
the loan if such refinancing results — 
(A) in a lower interest rate on the prin-
cipal of the loan for the project and in reduc-
tions in debt service related to such loan; or 
(B) in the case of a project that is assisted 
with a loan under such section 202 carrying an 
interest rate of 6 percent or lower, a trans-
action under which 
(i) the project owner shall address the 
physical needs of the project; 
(ii) the prepayment plan for the trans-
action, including the refinancing, shall 
meet a cost benefit analysis, as established 
by the Secretary, that the benefit of the 
transaction outweighs the cost of the
1100 
transaction including any increases in rent 
charged to unassisted tenants; 
(iii) the overall cost for providing 
rental assistance under section 8 for the 
project (if any) is not increased, except, 
upon approval by the Secretary to— 
(I) mark-up-to-market contracts 
pursuant to section 524(a)(3) of the 
Multifamily Assisted Housing Reform 
and Affordability Act (42 U.S.C. 
1437f note), as such section is carried 
out by the Secretary for properties 
owned by nonprofit organizations; or 
(II) mark-up-to-budget contracts 
pursuant to section 524(a)(4) of the 
Multifamily Assisted Housing Reform 
and Affordability Act (42 U.S.C. 
1437f note), as such section is carried 
out by the Secretary for properties 
owned by eligible owners ( as such 
term is defined in section 202(k) of 
the Housing Act of 1959 (12 U.S.C. 
1701q(k)); 
(iv) the project owner may charge ten-
ants rent sufficient to meet debt service
1101 
payments and operating cost requirements, 
as approved by the Secretary, if project- 
based rental assistance is not available or 
is insufficient for the debt service and op-
erating cost of the project after refi-
nancing. Such approval by the Secretary— 
(I) shall be the basis for the 
owner to agree to terminate the 
project-based rental assistance con-
tract that is insufficient for the debt 
service and operating cost of the 
project after refinancing; and 
(II) shall be an eligibility event 
for the project for purposes of section 
8(t) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(t)); 
(v) units to be occupied by tenants as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)) shall, upon termination of the oc-
cupancy of such tenants, become eligible 
for project-based assistance under section 
8(o)(13) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)(13)) without
1102 
regard to the percentage limitations pro-
vided in such section; and 
(vi) there shall be a use agreement of 
20 years from the date of the maturity 
date of the original 202 loan for all units, 
including units to be occupied by tenants 
assisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)). 
SEC. 235. USE OF SURPLUS FEDERAL PROPERTY 
FOR THE HOMELESS. No property identified by the Sec-
retary of Housing and Urban Development as surplus 
Federal property for use to assist the homeless shall be 
made available to any homeless group unless the group 
is a member in good standing under any of HUD’s home-
less assistance programs or is in good standing with any 
other program which receives funds from any other Fed-
eral or State agency or entity: Provided, That an exception 
may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the 
homeless only after the Secretary or another responsible 
Federal agency has fully and comprehensively reviewed all 
relevant finances of the entity, the track record of the enti-
ty in assisting the homeless, the ability of the entity to 
manage the property, including all costs, the ability of the
1103 
entity to administer homeless programs in a manner that 
is effective to meet the needs of the homeless population 
that is expected to use the property and any other related 
issues that demonstrate a commitment to assist the home-
less: Provided further, That the Secretary shall not require 
the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity’s prior dem-
onstrated fundraising ability or commitments for in-kind 
donations of goods and services: Provided further, That the 
Secretary shall make all such information and its decision 
regarding the award of the surplus property available to 
the committees of jurisdiction, including a full justification 
of the appropriateness of the use of the property to assist 
the homeless as well as the appropriateness of the group 
seeking to obtain the property to use such property to as-
sist the homeless: Provided further, That, this section shall 
apply to properties in fiscal year 2008 and 2009 made 
available as surplus Federal property for use to assist the 
homeless. 
SEC. 236. The Secretary of Housing and Urban De-
velopment shall increase, pursuant to this section, the 
number of Moving-to-Work agencies authorized under sec-
tion 204, title II, of the Departments of Veterans Affairs 
and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104–134;
1104 
110 Stat. 1321–281) by adding to the program three Pub-
lic Housing Agencies that meet the following require-
ments: is a High Performing Agency under the Public 
Housing Assessment System (PHAS) and is a HOPE VI 
agency. No PHA shall be granted this designation through 
this section that administers in excess of 5,000 aggregate 
housing vouchers and public housing units. No PHA 
granted this designation through this section shall receive 
more funding than they otherwise would have received ab-
sent this designation. 
SEC. 237. Of the unobligated balances remaining 
from funds appropriated to the Department of Housing 
and Urban Development under the fourth paragraph 
under the heading ‘‘General and Special Risk Program 
Account’’ in the Department of Housing and Urban De-
velopment Appropriations Act, 2008, $5,000,000 are re-
scinded: Provided, That with respect to such discount sales 
referenced under such paragraph, notwithstanding any 
other provision of law, in determining the market value 
of any multifamily real property or multifamily loan for 
any noncompetitive sale to a State or local government, 
the Secretary shall in fiscal year 2009 consider, but not 
be limited to, industry standard appraisal practices, in-
cluding the cost of repairs needed to bring the property 
into such condition as to satisfy minimum State and local
1105 
code standards and the cost of maintaining the afford-
ability restrictions imposed by the Secretary on the multi-
family real property or multifamily loan. 
SEC. 238. The Secretary of the Department of Hous-
ing and Urban Development is authorized to transfer up 
to 5 percent of funds appropriated for any account under 
this title under the heading ‘‘Personnel Compensation and 
Benefits’’ to any other account under this title under the 
heading ‘‘Personnel Compensation and Benefits’’ only 
after such transfer has been submitted to, and received 
prior written approval by, the House and Senate Commit-
tees on Appropriations: Provided, That, no appropriation 
for any such account shall be increased or decreased by 
more than 10 percent by all such transfers. 
SEC. 239. The Disaster Housing Assistance Pro-
grams, administered by the Department of Housing and 
Urban Development, shall be considered a ‘‘program of 
the Department of Housing and Urban Development’’ 
under section 904 of the McKinney Act for the purpose 
of income verifications and matching. 
This title may be cited as the ‘‘Department of Hous-
ing and Urban Development Appropriations Act, 2009’’.
1106 
TITLE III 
RELATED AGENCIES 
ARCHITECTURAL AND TRANSPORTATION BARRIERS 
COMPLIANCE BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Architectural and 
Transportation Barriers Compliance Board, as authorized 
by section 502 of the Rehabilitation Act of 1973, as 
amended, $6,550,000: Provided, That, notwithstanding 
any other provision of law, there may be credited to this 
appropriation funds received for publications and training 
expenses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime 
Commission as authorized by section 201(d) of the Mer-
chant Marine Act, 1936, as amended (46 U.S.C. App. 
1111), including services as authorized by 5 U.S.C. 3109; 
hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901–5902, $22,800,000: Pro-
vided, That not to exceed $2,000 shall be available for offi-
cial reception and representation expenses.
1107 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transpor-
tation Safety Board, including hire of passenger motor ve-
hicles and aircraft; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the rate for a GS–15; uniforms, 
or allowances therefor, as authorized by law (5 U.S.C. 
5901–5902) $91,000,000, of which not to exceed $2,000 
may be used for official reception and representation ex-
penses. The amounts made available to the National 
Transportation Safety Board in this Act include amounts 
necessary to make lease payments due in fiscal year 2009 
only, on an obligation incurred in fiscal year 2001 for a 
capital lease. Of the funds provided, up to $100,000 shall 
be provided through reimbursement to the Department of 
Transportation’s Office of Inspector General to audit the 
National Transportation Safety Board’s financial state-
ments. 
(RESCISSION) 
Of the available unobligated balances made available 
under this heading in Public Law 106–246, $671,275 are 
rescinded.
1108 
NEIGHBORHOOD REINVESTMENT CORPORATION 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 
CORPORATION 
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, 
as authorized by the Neighborhood Reinvestment Corpora-
tion Act (42 U.S.C. 8101–8107), $131,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram: Provided, That of the amounts made available 
under this heading, $6,000,000 shall be made available 
to conduct a consumer mortgage public education cam-
paign: Provided further, That funding amounts provided 
under the previous proviso shall be available for campaign 
development, production, and outreach activities. 
For an additional amount, $50,000,000 shall be 
made available until expended to the Neighborhood Rein-
vestment Corporation for mortgage foreclosure mitigation 
activities, under the following terms and conditions: 
(1) The Neighborhood Reinvestment Corpora-
tion (‘‘NRC’’), shall make grants to counseling inter-
mediaries approved by the Department of Housing 
and Urban Development (HUD) (with match to be 
determined by the NRC based on affordability and 
the economic conditions of an area; a match also 
may be waived by the NRC based on the aforemen-
1109 
tioned conditions) to provide mortgage foreclosure 
mitigation assistance primarily to States and areas 
with high rates of defaults and foreclosures pri-
marily in the subprime housing market to help elimi-
nate the default and foreclosure of mortgages of 
owner-occupied single-family homes that are at risk 
of such foreclosure. Other than areas with high rates 
of defaults and foreclosures, grants may also be pro-
vided to approved counseling intermediaries based on 
a geographic analysis of the Nation by the NRC 
which determines where there is a prevalence of 
subprime mortgages that are risky and likely to fail, 
including any trends for mortgages that are likely to 
default and face foreclosure. A State Housing Fi-
nance Agency may also be eligible where the State 
Housing Finance Agency meets all the requirements 
under this paragraph. A HUD-approved counseling 
intermediary shall meet certain mortgage foreclosure 
mitigation assistance counseling requirements, as de-
termined by the NRC, and shall be approved by 
HUD or the NRC as meeting these requirements. 
(2) Mortgage foreclosure mitigation assistance 
shall only be made available to homeowners of 
owner-occupied homes with mortgages in default or 
in danger of default. These mortgages shall likely be
1110 
subject to a foreclosure action and homeowners will 
be provided such assistance that shall consist of ac-
tivities that are likely to prevent foreclosures and re-
sult in the long-term affordability of the mortgage 
retained pursuant to such activity or another posi-
tive outcome for the homeowner. No funds made 
available under this paragraph may be provided di-
rectly to lenders or homeowners to discharge out-
standing mortgage balances or for any other direct 
debt reduction payments. 
(3) The use of Mortgage Foreclosure Mitigation 
Assistance by approved counseling intermediaries 
and State Housing Finance Agencies shall involve a 
reasonable analysis of the borrower’s financial situa-
tion, an evaluation of the current value of the prop-
erty that is subject to the mortgage, counseling re-
garding the assumption of the mortgage by another 
non-Federal party, counseling regarding the possible 
purchase of the mortgage by a non-Federal third 
party, counseling and advice of all likely restruc-
turing and refinancing strategies or the approval of 
a work-out strategy by all interested parties. 
(4) NRC may provide up to 15 percent of the 
total funds under this paragraph to its own charter 
members with expertise in foreclosure prevention
1111 
counseling, subject to a certification by the NRC 
that the procedures for selection do not consist of 
any procedures or activities that could be construed 
as an unacceptable conflict of interest or have the 
appearance of impropriety. 
(5) HUD-approved counseling entities and 
State Housing Finance Agencies receiving funds 
under this paragraph shall have demonstrated expe-
rience in successfully working with financial institu-
tions as well as borrowers facing default, delin-
quency and foreclosure as well as documented coun-
seling capacity, outreach capacity, past successful 
performance and positive outcomes with documented 
counseling plans (including post mortgage fore-
closure mitigation counseling), loan workout agree-
ments and loan modification agreements. NRC may 
use other criteria to demonstrate capacity in under-
served areas. 
(6) Of the total amount made available under 
this paragraph, up to $5,000,000 may be made 
available to build the mortgage foreclosure and de-
fault mitigation counseling capacity of counseling 
intermediaries through NRC training courses with 
HUD-approved counseling intermediaries and their 
partners, except that private financial institutions
1112 
that participate in NRC training shall pay market 
rates for such training. 
(7) Of the total amount made available under 
this paragraph, up to 4 percent may be used for as-
sociated administrative expenses for the NRC to 
carry out activities provided under this section. 
(8) Mortgage foreclosure mitigation assistance 
grants may include a budget for outreach and adver-
tising, and training, as determined by the NRC. 
(9) The NRC shall report bi-annually to the 
House and Senate Committees on Appropriations as 
well as the Senate Banking Committee and House 
Financial Services Committee on its efforts to miti-
gate mortgage default. Such reports shall identify 
successful strategies and methods for preserving 
homeownership and the long-term affordability of at- 
risk mortgages and shall include recommended ef-
forts that will or likely can assist in the success of 
this program as well as an analysis of any policy and 
procedures that failed to result in successful mort-
gage foreclosure mitigation. The report shall include 
an analysis of the details and use of any post mitiga-
tion counseling of assisted borrowers designed to en-
sure the continued long-term affordability of the
1113 
mortgages which were the subject of the mortgage 
foreclosure mitigation assistance. 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses (including payment of sala-
ries, authorized travel, hire of passenger motor vehicles, 
the rental of conference rooms, and the employment of ex-
perts and consultants under section 3109 of title 5, United 
States Code) of the United States Interagency Council on 
Homelessness in carrying out the functions pursuant to 
title II of the McKinney-Vento Homeless Assistance Act, 
as amended, $2,333,000: Provided, That no funds may be 
used to pay the salaries and benefits of any employee of 
the United States Interagency Council on Homelessness 
that spends more than 10 days outside of the United 
States while not on annual leave. 
Title II of the McKinney-Vento Homeless Assistance 
Act, as amended, is amended in section 209 by striking 
‘‘2008’’ and inserting ‘‘2010’’. 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. Such sums as may be necessary for fiscal 
year 2009 pay raises for programs funded in this Act shall