In the Senate of the United States,
September 12, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 3074) entitled ‘‘An Act making appropriations for
the Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Transportation and Housing and Urban
Development, and Related Agencies for the fiscal year end-
ing September 30, 2008, and for other purposes, namely:
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TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$95,197,000, of which not to exceed $2,314,274 shall be
available for the immediate Office of the Secretary; not to
exceed $736,833 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $18,719,099 shall be
available for the Office of the General Counsel; not to exceed
$11,874,050 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$10,416,963 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed
$2,384,312 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed
$24,007,990 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $1,987,803 shall
be available for the Office of Public Affairs; not to exceed
$1,534,557 shall be available for the Office of the Executive
Secretariat; not to exceed $1,334,596 shall be available for
the Office of Small and Disadvantaged Business Utiliza-
tion; not to exceed $8,299,072 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$11,587,000 shall be available for the Office of the Chief
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Information Officer: Provided, That the Secretary of Trans-
portation is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no ap-
propriation for any office shall be increased or decreased
by more than 5 percent by all such transfers: Provided fur-
ther, That notice of any change in funding greater than
5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further,
That not to exceed $60,000 shall be for allocation within
the Department for official reception and representation ex-
penses as the Secretary may determine: Provided further,
That notwithstanding any other provision of law, excluding
fees authorized in Public Law 107–71, there may be cred-
ited to this appropriation up to $2,500,000 in funds re-
ceived in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of
Assistant Secretary for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$9,140,900.
TRANSPORTATION PLANNING, RESEARCH, AND
DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, development ac-
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tivities, and making grants, to remain available until ex-
pended, $14,115,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital out-
lays of the Working Capital Fund, not to exceed
$128,094,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Cap-
ital Fund without the approval of the agency modal admin-
istrator: Provided further, That no assessments may be lev-
ied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $370,000, as author-
ized by 49 U.S.C. 332: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
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loan principal, any part of which is to be guaranteed, not
to exceed $18,367,000. In addition, for administrative ex-
penses to carry out the guaranteed loan program, $521,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource
Center outreach activities, $2,970,000, to remain available
until September 30, 2009: Provided, That notwithstanding
49 U.S.C. 332, these funds may be used for business oppor-
tunities related to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
In addition to funds made available from any other
source to carry out the essential air service program under
49 U.S.C. 41731 through 41742, $60,000,000, to be derived
from the Airport and Airway Trust Fund, to remain avail-
able until expended: Provided, That, in determining be-
tween or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy
requirements of the carriers: Provided further, That, if the
funds under this heading are insufficient to meet the costs
of the essential air service program in the current fiscal
year, the Secretary shall transfer such sums as may be nec-
essary to carry out the essential air service program from
any available amounts appropriated to or directly adminis-
tered by the Office of the Secretary for such fiscal year.
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COMPENSATION FOR AIR CARRIERS
(RESCISSION)
Of the remaining unobligated balances under section
101(a)(2) of Public Law 107–42, $22,000,000 are rescinded.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY
OF TRANSPORTATION
SEC. 101. The Secretary of Transportation is author-
ized to transfer the unexpended balances available for the
bonding assistance program from ‘‘Office of the Secretary,
Salaries and expenses’’ to ‘‘Minority Business Outreach’’.
SEC. 102. None of the funds made available in this
Act to the Department of Transportation may be obligated
for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, ex-
cept for activities underway on the date of enactment of
this Act, unless such assessments or agreements have com-
pleted the normal reprogramming process for Congressional
notification.
SEC. 103. None of the funds made available under this
Act may be obligated or expended to establish or implement
a program under which essential air service communities
are required to assume subsidy costs commonly referred to
as the EAS local participation program.
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FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation Admin-
istration, not otherwise provided for, including operations
and research activities related to commercial space trans-
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities, the oper-
ation (including leasing) and maintenance of aircraft, sub-
sidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available
by Public Law 108–176, $8,761,783,000, of which
$6,400,580,000 shall be derived from the Airport and Air-
way Trust Fund, of which not to exceed $6,964,813,000
shall be available for air traffic organization activities; not
to exceed $1,092,103,000 shall be available for aviation safe-
ty activities; not to exceed $12,837,437 shall be available
for commercial space transportation activities; not to exceed
$103,848,661 shall be available for financial services activi-
ties; not to exceed $91,214,239 shall be available for human
resources program activities; not to exceed $290,872,359
shall be available for region and center operations and re-
gional coordination activities; not to exceed $166,541,633
shall be available for staff offices; and not to exceed
$39,552,285 shall be available for information services: Pro-
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vided, That not to exceed 2 percent of any budget activity,
except for aviation safety budget activity, may be trans-
ferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any ap-
propriation by more than 2 percent: Provided further, That
any transfer in excess of 2 percent shall be treated as a
reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary utilize not less than
$20,000,000 of the funds provided for aviation safety activi-
ties to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided
further, That none of the funds provided for increases to
the staffs of the aviation flight standards and aircraft cer-
tification offices shall be used for other purposes: Provided
further, That not later than March 31 of each fiscal year
hereafter, the Administrator of the Federal Aviation Ad-
ministration shall transmit to Congress an annual update
to the report submitted to Congress in December 2004 pur-
suant to section 221 of Public Law 108–176: Provided fur-
ther, That the amount herein appropriated shall be reduced
by $100,000 for each day after March 31 that such report
has not been submitted to the Congress: Provided further,
That not later than March 31 of each fiscal year hereafter,
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the Administrator shall transmit to Congress a companion
report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certifi-
cation staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition estimates
and numerical hiring goals by fiscal year: Provided further,
That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such
report has not been submitted to Congress: Provided further,
That none of the funds in this Act shall be available for
the Federal Aviation Administration to finalize or imple-
ment any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date
of the enactment of this Act: Provided further, That there
may be credited to this appropriation funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources, for expenses in-
curred in the provision of agency services, including re-
ceipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of cer-
tificates, including airman, aircraft, and repair station cer-
tificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the
funds appropriated under this heading, not less than
$8,500,000 shall be for the contract tower cost-sharing pro-
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gram: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee
unless such employee actually performed work during the
time corresponding to such premium pay: Provided further,
That none of the funds in this Act for aeronautical charting
and cartography are available for activities conducted by,
or coordinated through, the Working Capital Fund: Pro-
vided further, That none of the funds in this Act may be
obligated or expended for an employee of the Federal Avia-
tion Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, im-
provement by contract or purchase, and hire of air naviga-
tion and experimental facilities and equipment, as author-
ized under part A of subtitle VII of title 49, United States
Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quar-
ters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and
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the purchase, lease, or transfer of aircraft from funds avail-
able under this heading, including aircraft for aviation reg-
ulation and certification; to be derived from the Airport
and Airway Trust Fund, $2,516,920,000, of which
$2,056,947,000 shall remain available until September 30,
2010, and of which $459,973,000 shall remain available
until September 30, 2008: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and pri-
vate sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal
year 2009 President’s budget, the Secretary of Transpor-
tation shall transmit to the Congress a comprehensive cap-
ital investment plan for the Federal Aviation Administra-
tion which includes funding for each budget line item for
fiscal years 2009 through 2013, with total funding for each
year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Manage-
ment and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized
under part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and acqui-
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sition of necessary sites by lease or grant, $148,800,000, to
be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2010: Provided,
That there may be credited to this appropriation as offset-
ting collections, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475
of title 49, United States Code, and under other law author-
izing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and
systems at airports of such title; for grants authorized under
section 41743 of title 49, United States Code; and for in-
spection activities and administration of airport safety pro-
grams, including those related to airport operating certifi-
cates under section 44706 of title 49, United States Code,
$4,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Pro-
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vided, That none of the funds under this heading shall be
available for the planning or execution of programs the obli-
gations for which are in excess of $3,514,500,000 in fiscal
year 2008, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the
funds under this heading shall be available for the replace-
ment of baggage conveyor systems, reconfiguration of ter-
minal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems:
Provided further, That notwithstanding any other provision
of law, of funds limited under this heading, not more than
$80,676,000 shall be obligated for administration, not less
than $10,000,000 shall be available for the airport coopera-
tive research program, not less than $18,712,000 shall be
for Airport Technology Research and $10,000,000 shall be
available and transferred to the account available to admin-
ister the small community air service development program,
to remain available until expended.
(RESCISSION)
Of the amounts authorized for the fiscal year ending
September 30, 2007, and prior years under sections 48103
and 48112 of title 49, United States Code, $185,500,000
are rescinded.
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ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION
ADMINISTRATION
SEC. 110. None of the funds in this Act may be used
to compensate in excess of 375 technical staff-years under
the federally funded research and development center con-
tract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2008.
SEC. 111. None of the funds in this Act shall be used
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance,
utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation, or weather reporting: Provided, That the prohi-
bition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agree-
ment on ‘‘below-market’’ rates for these items or to grant
assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2008, 49
U.S.C. 41742(b) shall not apply, and any amount remain-
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ing in such account at the close of that fiscal year may
be made available to satisfy section 41742(a)(1) for the sub-
sequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the appro-
priation current at the time of collection, to be merged with
and available for the same purposes of such appropriation.
SEC. 114. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ‘‘2006,’’ each place it
appears and inserting ‘‘2008,’’.
(b) Section 44303(b) of such title is amended by strik-
ing ‘‘2006,’’ and inserting ‘‘2008,’’.
(c) Section 44310 of such title is amended by striking
‘‘March 30, 2008’’ and inserting ‘‘December 31, 2008’’.
SEC. 115. MULTICREW COVERED OPERATIONS SERV-
ICE BY OLDER PILOTS. (a) IN GENERAL.—Chapter 447 of
title 49, United States Code, is amended by adding at the
end thereof the following:
‘‘§ 44729. Age standards for pilots
‘‘(a) IN GENERAL.—Subject to the limitation in sub-
section (c), a pilot may serve in multicrew covered oper-
ations until attaining 65 years of age.
‘‘(b) COVERED OPERATIONS DEFINED.—In this sec-
tion, the term ‘covered operations’ means operations under
part 121 of title 14, Code of Federal Regulations.
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‘‘(c) LIMITATION FOR INTERNATIONAL FLIGHTS.—
‘‘(1) APPLICABILITY
OF
ICAO
STANDARD.—A
pilot who has attained 60 years of age may serve as
pilot-in-command in covered operations between the
United States and another country only if there is
another pilot in the flight deck crew who has not yet
attained 60 years of age.
‘‘(2) SUNSET
OF
LIMITATION.—Paragraph (1)
shall cease to be effective on such date as the Conven-
tion on International Civil Aviation provides that a
pilot who has attained 60 years of age may serve as
pilot-in-command in international commercial oper-
ations without regard to whether there is another
pilot in the flight deck crew who has not attained age
60.
‘‘(d) SUNSET OF AGE-60 RETIREMENT RULE.—On and
after the date of enactment of the Transportation, Housing
and Urban Development, and Related Agencies Appropria-
tions Act, 2008, section 121.383(c) of title 14, Code of Fed-
eral Regulations, shall cease to be effective.
‘‘(e) APPLICABILITY.—
‘‘(1) NONRETROACTIVITY.—No person who has
attained 60 years of age before the date of enactment
of the Transportation, Housing and Urban Develop-
ment, and Related Agencies Appropriations Act, 2008
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may serve as a pilot for an air carrier engaged in
covered operations unless—
‘‘(A) such person is in the employment of
that air carrier in such operations on such date
of enactment as a required flight deck crew mem-
ber; or
‘‘(B) such person is newly hired by an air
carrier as a pilot on or after such date of enact-
ment without credit for prior seniority or prior
longevity for benefits or other terms related to
length of service prior to the date of rehire under
any labor agreement or employment policies of
the air carrier.
‘‘(2) PROTECTION FOR COMPLIANCE.—An action
taken in conformance with this section, taken in con-
formance with a regulation issued to carry out this
section, or taken prior to the date of enactment of the
Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2008 in
conformance with section 121.383(c) of title 14, Code
of Federal Regulations (as in effect before such date
of enactment), may not serve as a basis for liability
or relief in a proceeding, brought under any employ-
ment law or regulation, before any court or agency of
the United States or of any State or locality.
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‘‘(f) AMENDMENTS TO LABOR AGREEMENTS AND BEN-
EFIT PLANS.—Any amendment to a labor agreement or
benefit plan of an air carrier that is required to conform
with the requirements of this section or a regulation issued
to carry out this section, and is applicable to pilots rep-
resented for collective bargaining, shall be made by agree-
ment of the air carrier and the designated bargaining rep-
resentative of the pilots of the air carrier.
‘‘(g) MEDICAL STANDARDS AND RECORDS.—
‘‘(1) 
MEDICAL
EXAMINATIONS
AND
STAND-
ARDS.—Except as provided by paragraph (2), a per-
son serving as a pilot for an air carrier engaged in
covered operations shall not be subject to different
medical standards, or different, greater, or more fre-
quent medical examinations, on account of age unless
the Secretary determines (based on data received or
studies published after the date of enactment of the
Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2008) that
different medical standards, or different, greater, or
more frequent medical examinations, are needed to
ensure an adequate level of safety in flight.
‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER-
TIFICATE.—No person who has attained 60 years of
age may serve as a pilot of an air carrier engaged in
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covered operations unless the person has a first-class
medical certificate. Such a certificate shall expire on
the last day of the 6-month period following the date
of examination shown on the certificate.
‘‘(h) SAFETY.—
‘‘(1) TRAINING.—Each air carrier engaged in
covered operations shall continue to use pilot training
and qualification programs approved by the Federal
Aviation Administration, with specific emphasis on
initial and recurrent training and qualification of
pilots who have attained 60 years of age, to ensure
continued acceptable levels of pilot skill and judg-
ment.
‘‘(2) LINE
EVALUATIONS.—Not later than 6
months after the date of enactment of the Transpor-
tation, Housing and Urban Development, and Re-
lated Agencies Appropriations Act, 2008, and every 6
months thereafter, an air carrier engaged in covered
operations shall evaluate the performance of each
pilot of the air carrier who has attained 60 years of
age through a line check of such pilot. Notwith-
standing the preceding sentence, an air carrier shall
not be required to conduct for a 6-month period a line
check under this paragraph of a pilot serving as sec-
ond-in-command if the pilot has undergone a regu-
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larly scheduled simulator evaluation during that pe-
riod.
‘‘(3) GAO REPORT.—Not later than 24 months
after the date of enactment of the Transportation,
Housing and Urban Development, and Related Agen-
cies Appropriations Act, 2008, the Comptroller Gen-
eral shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Trans-
portation of the Senate a report concerning the effect,
if any, on aviation safety of the modification to pilot
age standards made by subsection (a).’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 447 of title 49, United States Code, is amended by
adding at the end the following:
‘‘§ 44729. Age standards for pilots’’.
SEC. 116. (a) GOVERNMENT ACCOUNTABILITY OFFICE
STUDY ON FLIGHT DELAYS.—
(1) IN GENERAL.—The Comptroller General shall
conduct a study on the efficacy of strategies employed
by the Administrator of the Federal Aviation Admin-
istration and the Secretary of Transportation to ad-
dress flight delays at airports in the United States.
(2) CONTENTS.—The study required by para-
graph (1) shall include an assessment of—
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(A) efforts by the Administrator of the Fed-
eral Aviation Administration to induce vol-
untary schedule reductions by air carriers at
Chicago O’Hare International Airport;
(B) the mandatory flight reduction oper-
ations instituted by the Administrator of the
Federal Aviation Administration at LaGuardia
Airport and Ronald Reagan Washington Na-
tional Airport;
(C) the New York/New Jersey/Philadelphia
Metropolitan Airspace Redesign; and
(D) any other significant efforts by the Ad-
ministrator of the Federal Aviation Administra-
tion or the Secretary of Transportation to reduce
flight delays at airports in the United States.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report including—
(1) the results of the study required by subsection
(a); and
(2) recommendations regarding which of the
strategies described in subsection (a) reduce airport
delays most effectively when employed for periods of
6 months or less.
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FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $377,556,000, together with advances
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for admin-
istration and operation.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
None of the funds in this Act shall be available for
the implementation or execution of programs, the obliga-
tions for which are in excess of $40,216,051,359 for Federal-
aid highways and highway safety construction programs for
fiscal year 2008: Provided, That within the $40,216,051,359
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000
shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23,
United States Code; sections 111, 5505, and 5506 of title
49, United States Code; and title 5 of Public Law 109–
59) for fiscal year 2008: Provided further, That this limita-
tion on transportation research programs shall not apply
to any authority previously made available for obligation:
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Provided further, That the Secretary may, as authorized by
section 605(b) of title 23, United States Code, collect and
spend fees to cover the costs of services of expert firms, in-
cluding counsel, in the field of municipal and project fi-
nance to assist in the underwriting and servicing of Federal
credit instruments and all or a portion of the costs to the
Federal government of servicing such credit instruments:
Provided further, That such fees are available until ex-
pended to pay for such costs: Provided further, That such
amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administra-
tive expenses under section 608 of title 23, United States
Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for car-
rying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise
provided, including reimbursement for sums expended pur-
suant to the provisions of 23 U.S.C. 308, $40,955,051,359
or so much thereof as may be available in and derived from
the Highway Trust Fund (other than the Mass Transit Ac-
count), to remain available until expended.
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(RESCISSION)
(HIGHWAY TRUST FUND)
Of the unobligated balances of funds apportioned to
each State under chapter 1 of title 23, United States Code,
$2,890,000,000 are rescinded: Provided, That such rescis-
sion shall not apply to the funds distributed in accordance
with sections 130(f) and 104(b)(5) of title 23, United States
Code; sections 133(d)(1) and 163 of such title, as in effect
on the day before the date of enactment of Public Law 109–
59; and the first sentence of section 133(d)(3)(A) of such
title.
I–35W BRIDGE REPAIR AND RECONSTRUCTION
For necessary expenses to carry out the project for re-
pair and reconstruction of the Interstate I–35W bridge lo-
cated in Minneapolis, Minnesota, that collapsed on August
1, 2007, as authorized under section 1(c) of Public Law
110–56 (121 Stat. 558), up to $195,000,000, as documented
by the Minnesota Department of Transportation to remain
available until expended, Provided, That that amount is
designated as an emergency requirement pursuant to sec-
tion 204 of S. Con. Res. 21 (110th Congress): Provided fur-
ther, That the Federal share of the costs of any project fund-
ed using amounts made available under this section shall
be 100 percent in accordance with section 1(b) of Public
Law 110–56 (121 Stat. 588).
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APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for West Virginia corridor H
of the Appalachian Development Highway System as au-
thorized under section 1069(y) of Public Law 102–240, as
amended, $20,000,000, to remain available until expended.
DELTA REGIONAL TRANSPORTATION DEVELOPMENT
PROGRAM
For necessary expenses for the Delta Regional Trans-
portation Development Program as authorized under sec-
tion 1308 of Public Law 109–59, $20,000,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY
ADMINISTRATION
SEC. 120. (a) For fiscal year 2008, the Secretary of
Transportation shall—
(1) not distribute from the obligation limitation
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 104(a)
of title 23, United States Code; programs funded from
the administrative takedown authorized by section
104(a)(1) of title 23, United States Code (as in effect
on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users); the highway use tax
evasion program; amounts designated under section
124; and the Bureau of Transportation Statistics;
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(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts made available
from the Highway Trust Fund (other than the Mass
Transit Account) for Federal-aid highways and high-
way safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not dis-
tributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and high-
way safety construction programs (other than
sums authorized to be appropriated for provi-
sions of law described in paragraphs (1) through
(9) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United
States Code, equal to the amount referred to in
subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for sections
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1301, 1302, and 1934 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy
for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Leg-
acy for Users) and 144(g) of title 23, United States
Code; and section 14501 of title 40, United States
Code, so that the amount of obligation authority
available for each of such sections is equal to the
amount determined by multiplying the ratio deter-
mined under paragraph (3) by the sums authorized
to be appropriated for that section for the fiscal year;
and
(B) distribute $2,000,000,000 for section 105 of
title 23, United States Code;
(5) distribute the obligation limitation provided
for Federal-aid highways, less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraph (4), for each of
the programs that are allocated by the Secretary
under the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users and title
23, United States Code (other than to programs to
which paragraphs (1) and (4) apply), by multiplying
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the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such
program for such fiscal year; and
(6) distribute the obligation limitation provided
for Federal-aid highways, less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraphs (4) and (5),
for Federal-aid highways and highway safety con-
struction programs (other than the amounts appor-
tioned for the equity bonus program, but only to the
extent that the amounts apportioned for the equity
bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users
and title 23, United States Code, in the ratio that—
(A) amounts authorized to be appropriated
for such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the amounts authorized to
be appropriated for such programs that are ap-
portioned to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—
The obligation limitation for Federal-aid highways shall
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not apply to obligations: (1) under section 125 of title 23,
United States Code; (2) under section 147 of the Surface
Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under sub-
sections (b) and (j) of section 131 of the Surface Transpor-
tation Assistance Act of 1982; (5) under subsections (b) and
(c) of section 149 of the Surface Transportation and Uni-
form Relocation Assistance Act of 1987; (6) under sections
1103 through 1108 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the
date of the enactment of the Transportation Equity Act for
the 21st Century; (8) under section 105 of title 23, United
States Code, as in effect for fiscal years 1998 through 2004,
but only in an amount equal to $639,000,000 for each of
those fiscal years; (9) for Federal-aid highway programs for
which obligation authority was made available under the
Transportation Equity Act for the 21st Century or subse-
quent public laws for multiple years or to remain available
until used, but only to the extent that the obligation author-
ity has not lapsed or been used; (10) under section 105 of
title 23, United States Code, but only in an amount equal
to $639,000,000 for each of fiscal years 2005 through 2008;
and (11) under section 1603 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for
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Users, to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts
to those States able to obligate amounts in addition to those
previously distributed during that fiscal year, giving pri-
ority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION RESEARCH PROGRAMS.—The obligation
limitation shall apply to transportation research programs
carried out under chapter 5 of title 23, United States Code,
and title V (research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for
a period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Fed-
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eral-aid highway and highway safety construction pro-
grams for future fiscal years.
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—
(1) IN GENERAL.—Not later than 30 days after
the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to
the States any funds that—
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highways pro-
grams; and
(B) the Secretary determines will not be al-
located to the States, and will not be available
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such fis-
cal year.
(2) RATIO.—Funds shall be distributed under
paragraph (1) in the same ratio as the distribution
of obligation authority under subsection (a)(6).
(3) AVAILABILITY.—Funds distributed under
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States
Code.
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga-
tion limitation distributed for a fiscal year under sub-
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section (a)(4) for the provision specified in subsection (a)(4)
shall—
(1) remain available until used for obligation of
funds for that provision; and
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway
and highway safety construction programs for future
fiscal years.
(g) HIGH PRIORITY PROJECT FLEXIBILITY.—
(1) IN GENERAL.—Subject to paragraph (2), ob-
ligation authority distributed for such fiscal year
under subsection (a)(4) for each project numbered 1
through 3676 listed in the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users may
be obligated for any other project in such section in
the same State.
(2) RESTORATION.—Obligation authority used
as described in paragraph (1) shall be restored to the
original purpose on the date on which obligation au-
thority is distributed under this section for the next
fiscal year following obligation under paragraph (1).
(h) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection (a)(4)(A)
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for each of the individual projects numbered greater than
3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bu-
reau for such expenses: Provided, That such funds shall be
subject to the obligation limitation for Federal-aid high-
ways and highway safety construction.
(RESCISSION)
SEC. 122. Of the amounts made available under sec-
tion 104(a) of title 23, United States Code, $43,358,601 are
rescinded.
(RESCISSION)
SEC. 123. Of the unobligated balances made available
under section 188(a)(1) of title 23, United States Code, as
in effect on the day before the date of enactment of Public
Law 109–59, and under section 608(a)(1) of such title,
$187,146,000 are rescinded.
SEC. 124. Notwithstanding any other provision of law,
funds authorized under section 110 of title 23, United
States Code, for fiscal year 2008 shall be designated for
†
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projects and competitive initiatives as listed in the report
accompanying this Act.
SEC. 125. Not less than 15 days prior to waiving,
under her statutory authority, any Buy America require-
ment for Federal-aid highway projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor. The Secretary shall provide an annual
report to the Appropriations Committees of the Congress on
any waivers granted under the Buy America requirements.
SEC. 126. Notwithstanding section 378 of the Depart-
ment of Transportation and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–346; 114 Stat. 1356A–
38), amounts made available under that section for a
project for construction of and improvements to North Shore
Road in Swain County, North Carolina, that remain unob-
ligated and unexpended after issuance of the record of deci-
sion for that project may be used to implement the selected
alternative included in the record of decision.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred for administra-
tion of motor carrier safety operations and programs pur-
†
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suant to section 31104(i) of title 49, United States Code,
and sections 4127 and 4134 of Public Law 109–59,
$231,469,553, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with ad-
vances and reimbursements received by the Federal Motor
Carrier Safety Administration, the sum of which shall re-
main available until expended: Provided, That none of the
funds derived from the Highway Trust Fund in this Act
shall be available for the implementation, execution or ad-
ministration of programs, the obligations for which are in
excess of $231,469,553, for ‘‘Motor Carrier Safety Oper-
ations and Programs’’, of which $7,550,000, to remain
available for obligation until September 30, 2010, is for the
research and technology program and $1,000,000 shall be
available for commercial motor vehicle operator’s grants to
carry out section 4134 of Public Law 109–59: Provided fur-
ther, That notwithstanding any other provision of law, none
of the funds under this heading for outreach and education
shall be available for transfer.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309,
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31313 of title 49, United States Code, and sections 4126
and 4128 of Public Law 109–59, $300,000,000, to be de-
rived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs, the
obligations for which are in excess of $300,000,000, for
‘‘Motor Carrier Safety Grants’’; of which $202,000,000 shall
be available for the motor carrier safety assistance program
to carry out sections 31102 and 31104(a) of title 49, United
States Code; $25,000,000 shall be available for the commer-
cial driver’s license improvements program to carry out sec-
tion 31313 of title 49, United States Code; $32,000,000 shall
be available for the border enforcement grants program to
carry out section 31107 of title 49, United States Code;
$5,000,000 shall be available for the performance and reg-
istration information system management program to
carry out sections 31106(b) and 31109 of title 49, United
States Code; $25,000,000 shall be available for the commer-
cial vehicle information systems and networks deployment
program to carry out section 4126 of Public Law 109–59;
$3,000,000 shall be available for the safety data improve-
ment program to carry out section 4128 of Public Law 109–
59; and $8,000,000 shall be available for the commercial
driver’s license information system modernization program
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to carry out section 31309(e) of title 49, United States Code:
Provided further, That of the funds made available for the
motor carrier safety assistance program, $29,000,000 shall
be available for audits of new entrant motor carriers: Pro-
vided further, That $11,260,214 in unobligated balances are
rescinded.
MOTOR CARRIER SAFETY
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the amounts made available under this heading in
prior appropriations Acts, $32,187,720 in unobligated bal-
ances are rescinded.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the amounts made available under this hearing in
prior appropriations Act, $5,212,858 in unobligated bal-
ances are rescinded.
ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION
SEC. 130. Funds appropriated or limited in this Act
shall be subject to the terms and conditions stipulated in
section 350 of Public Law 107–87 and section 6901 of Pub-
lic Law 110–28, including that the Secretary submit a re-
port to the House and Senate Appropriations Committees
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annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C
of subtitle VI of title 49, United States Code, $124,406,000,
of which $26,156,000 shall remain available until Sep-
tember 30, 2010: Provided, That none of the funds appro-
priated by this Act may be obligated or expended to plan,
finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any
requirement pertaining to a grading standard that is dif-
ferent from the three grading standards (treadwear, trac-
tion, and temperature resistance) already in effect.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
the provisions of 23 U.S.C. 403, $107,750,000, to be derived
from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for
the planning or execution of programs the total obligations
†
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for which, in fiscal year 2008, are in excess of $107,750,000
for programs authorized under 23 U.S.C. 403.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
chapter 303 of title 49, United States Code, $4,000,000, to
be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until Sep-
tember 30, 2010: Provided, That none of the funds in this
Act shall be available for the implementation or execution
of programs the total obligations for which, in fiscal year
2008, are in excess of $4,000,000 for the National Driver
Register authorized under such chapter.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410
and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109–59, to remain available until expended,
$599,250,000 to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning
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or execution of programs the total obligations for which, in
fiscal year 2008, are in excess of $599,250,000 for programs
authorized under 23 U.S.C. 402, 405, 406, 408, and 410
and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109–59, of which $225,000,000 shall be for ‘‘Highway
Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall
be for ‘‘Occupant Protection Incentive Grants’’ under 23
U.S.C. 405; $124,500,000 shall be for ‘‘Safety Belt Perform-
ance Grants’’ under 23 U.S.C. 406; $34,500,000 shall be
for ‘‘State Traffic Safety Information System Improve-
ments’’ under 23 U.S.C. 408; $131,000,000 shall be for ‘‘Al-
cohol-Impaired Driving Countermeasures Incentive Grant
Program’’ under 23 U.S.C. 410; $18,250,000 shall be for
‘‘Administrative Expenses’’ under section 2001(a)(11) of
Public Law 109–59; $29,000,000 shall be for ‘‘High Visi-
bility Enforcement Program’’ under section 2009 of Public
Law 109–59; $6,000,000 shall be for ‘‘Motorcyclist Safety’’
under section 2010 of Public Law 109–59; and $6,000,000
shall be for ‘‘Child Safety and Child Booster Seat Safety
Incentive Grants’’ under section 2011 of Public Law 109–
59: Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ‘‘Alco-
†
HR 3074 EAS
hol-Impaired Driving Countermeasures Grants’’ shall be
available for technical assistance to the States: Provided
further, That not to exceed $750,000 of the funds made
available for the ‘‘High Visibility Enforcement Program’’
shall be available for the evaluation required under section
2009(f) of Public Law 109–59.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION
(INCLUDING RESCISSIONS)
SEC. 140. Notwithstanding any other provision of law
or limitation on the use of funds made available under sec-
tion 403 of title 23, United States Code, an additional
$130,000 shall be made available to the National Highway
Traffic Safety Administration, out of the amount limited
for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews
and to pay for core competency development training and
related expenses for highway safety staff.
SEC. 141. Of the amounts made available under the
heading ‘‘Operations and Research (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (Highway
Trust Fund)’’ in prior appropriations Acts, $12,197,113.60
in unobligated balances are rescinded.
SEC. 142. Of the amounts made available under the
heading ‘‘National Driver Register (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (Highway
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Trust Fund)’’ in prior appropriations Acts, $119,914.61 in
unobligated balances are rescinded.
SEC. 143. Of the amounts made available under the
heading ‘‘Highway Traffic Safety Grants (Liquidation of
Contract Authorization) (Limitation on Obligations)
(Highway Trust Fund)’’ in prior appropriations Acts,
$10,528,958 in unobligated balances are rescinded.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Admin-
istration, not otherwise provided for, $151,186,000, of which
$12,268,890 shall remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and devel-
opment, $36,250,000, to remain available until expended.
CAPITAL ASSISTANCE TO STATES—INTERCITY PASSENGER
RAIL SERVICE
To enable the Federal Railroad Administrator to make
grants to States for the capital costs of improving existing
intercity passenger rail service and providing new intercity
passenger rail, $100,000,000, to remain available until ex-
pended: 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: Provided further, That no
later than eight months following enactment of this Act, the
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Secretary shall establish and publish criteria for project se-
lection, set a deadline for grant applications, and provide
a schedule for project selection: Provided further, That the
provisions of section 24312 of title 49, United States Code,
shall apply to grantees assisted under this paragraph: 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: Provided
further, That the specific project must be on the Statewide
Transportation Improvement Plan at the time of the appli-
cation to qualify: Provided further, That the Secretary give
priority to applications for projects that improve the safety
and reliability of intercity passenger trains, involve a com-
mitment by freight railroads to an enforceable on-time per-
formance of passenger trains of 80 percent or greater, in-
volve a commitment by freight railroads of financial re-
sources commensurate with the benefit expected to their op-
erations, improve or extend service on a route that requires
little or no Federal assistance for its operations, involve a
commitment by States or railroads of financial resources
to improve the safety of highway/rail grade crossings over
which the passenger service operates.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue
to the Secretary of the Treasury notes or other obligations
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pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94–210), 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 sec-
tions 511 through 513 of such Act, such authority 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 guarantee commit-
ments shall be made using Federal funds for the credit risk
premium during fiscal year 2008.
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,
$485,000,000 to remain available until expended: Provided,
That the Secretary of Transportation shall 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 request shall
be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the
Federal support to the Secretary’s satisfaction: Provided
further, That the Corporation is directed to achieve savings
through operating efficiencies including, but not limited to,
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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 Appropriations beginning three
months after the date of the enactment of this Act and quar-
terly thereafter with estimates of the savings accrued as a
result of all operational reforms instituted by the Corpora-
tion: 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): Provided further, That the Corporation shall report
quarterly to the House and Senate Committees on Appro-
priations on its progress against the milestones and target
dates contained in the plan provided in fiscal year 2007
and quantify savings realized to date on a monthly basis
compared 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
measures: 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
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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 2008 under section 24104(a) of title 49,
United States Code: Provided further, That the business
plan shall include, as applicable, targets for ridership, reve-
nues, and capital and operating expenses: Provided further,
That the plan shall also include a separate accounting of
such targets for the Northeast Corridor; commuter service;
long-distance Amtrak service; State-supported service; each
intercity train route, including Autotrain; and commercial
activities including contract operations: Provided further,
That the business plan shall include a description of the
work to be funded, along with cost estimates and an esti-
mated timetable for completion of the projects covered by
this business plan: Provided further, That the Corporation
shall continue to provide monthly reports in electronic for-
mat regarding the pending business plan, which shall de-
scribe the work completed to date, any changes to the busi-
ness plan, and the reasons for such changes, and shall iden-
tify all sole source contract awards which shall be accom-
panied 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 supple-
mental plans shall be displayed on the Corporation’s
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website within a reasonable timeframe following their sub-
mission to the appropriate entities: Provided further, That
the leases and contracts entered into by the Corporation in
any year that the Corporation receives a Federal subsidy
after the date of enactment of the Act, regardless of the place
the same may be executed, shall be governed by the laws
of the District of Columbia: Provided further, That none
of the funds under this heading may be obligated or ex-
pended until the Corporation agrees to continue abiding by
the provisions of paragraphs 1, 2, 5, 9, and 11 of the sum-
mary 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.
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 services,
$885,000,000, to remain available until expended, of which
not to exceed $285,000,000 shall be for debt service obliga-
tions: Provided, That the Secretary may retain up to one-
quarter of one percent of the funds under this heading to
fund the oversight by the Federal Railroad Administration
of the design and implementation of capital projects funded
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by grants made under this heading: Provided further, That
the Secretary shall approve funding for capital expendi-
tures, including advance purchase orders 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 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 2008
business plan: Provided further, That $35,000,000 of
amounts made available under this heading shall be avail-
able until expended for capital improvements if the Cor-
poration demonstrates to the Secretary’s satisfaction that
the Corporation has achieved operational savings and met
ridership and revenue targets as defined in the Corpora-
tion’s business plan: Provided further, That of the funds
provided under this section, not less than $5,000,000 shall
be expended for the development and implementation of a
managerial cost accounting system, which includes average
and marginal unit cost capability: Provided further, That
within 90 days of enactment, the Department of Transpor-
tation Inspector General shall review and comment to the
Secretary of Transportation and the House and Senate
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Committees on Appropriations upon the strengths and
weaknesses of the system being developed by the Corporation
and how it best can be implemented to improve decision
making by the Board of Directors and management of the
Corporation: Provided further, That not later than 180
days after the enactment of this Act, the Secretary, in con-
sultation with the Corporation and the States on the North-
east Corridor, shall establish a common definition of what
is determined to be a ‘‘state of good repair’’ on the Northeast
Corridor and report its findings, including definitional
areas of disagreement, to the House and Senate Committees
on Appropriations, the House Committee on Transpor-
tation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD
ADMINISTRATION
SEC. 150. Notwithstanding any other provision of this
Act, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be avail-
able 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 em-
ployee whose base of employment is located within the
United States.
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SEC. 151. Not later than January 1, 2008, the Federal
Railroad Administrator shall submit a report, and quar-
terly reports thereafter, to the House and Senate Commit-
tees 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 per-
formance data to pre-established on-time performance goals
that the Administrator shall set for each rail service, identi-
fied by route. Such reports shall also include whatever other
information and data regarding the on-time performance
of Amtrak trains the Administrator deems to be appro-
priate.
SEC. 152. 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 admin-
istration of such purchases and use.
SEC. 153. Hereafter, any lease or contract entered into
between the National Railroad Passenger Corporation and
the State of Maryland or any department or agency of the
State of Maryland, after the date of the enactment of this
Act, shall be governed by the laws of the District of Colum-
bia.
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FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal
Transit Administration’s programs authorized by chapter
53 of title 49, United States Code, $88,795,000: Provided,
That of the funds available under this heading, not to exceed
$910,239 shall be available for the Office of the Adminis-
trator; not to exceed $6,353,739 shall be available for the
Office of Administration; not to exceed $4,545,039 shall be
available for the Office of the Chief Counsel; not to exceed
$1,480,289 shall be available for the Office of Communica-
tion and Congressional Affairs; not to exceed $8,741,339
shall be available for the Office of Program Management;
not to exceed $10,857,698 shall be available for the Office
of Budget and Policy; not to exceed $4,943,589 shall be
available for the Office of Research, Demonstration and In-
novation; not to exceed $3,234,489 shall be available for the
Office of Civil Rights; not to exceed $4,458,289 shall be
available for the Office of Planning; not to exceed
$22,551,290 shall be available for regional offices; and not
to exceed $20,719,000 shall be available for the central ac-
count: Provided further, That the Administrator is author-
ized to transfer funds appropriated for an office of the Fed-
eral Transit Administration: Provided further, That no ap-
propriation for an office shall be increased or decreased by
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more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for ap-
proval to the House and Senate Committees on Appropria-
tions: Provided further, That any funding transferred from
the central account shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this
Act may be used to create a permanent office of transit secu-
rity 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 reimbursed to the Department of Transportation’s
Office of Inspector General for costs associated with audits
and investigations of transit-related issues, including re-
views of new fixed guideway systems: Provided further,
That upon submission to the Congress of the fiscal year
2009 President’s budget, the Secretary of Transportation
shall transmit to Congress the annual report on new starts,
including proposed allocations of funds for fiscal year 2009.
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FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
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, $6,855,000,000,
to be derived from the Mass Transit Account of the High-
way Trust Fund and to remain available until expended:
Provided, That funds available for the implementation 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
$7,872,893,000 in fiscal year 2008: Provided further, That
except as provided in section 3044(b)(1) of Public Law 109–
59, funds made available to carry out 49 U.S.C. 5308 shall
instead be available to carry out 49 U.S.C. 5309(b)(3): Pro-
vided further, That of the funds available to carry out the
bus program under section 5309 of title 49, United States
Code, which are not otherwise allocated under this Act or
under SAFETEA–LU (Public Law 109–59), not more than
10 percent may be expended to carry out the Urban Part-
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nership Congestion Initiative: Provided further, That
$28,660,920 in unobligated balances are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306,
5312–5315, 5322, and 5506, $65,500,000, to remain avail-
able until expended: Provided, That $9,300,000 is available
to carry out the transit cooperative research program 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 centers program
under section 5506 of title 49, United States Code: Provided
further, That $44,900,000 is available to carry out national
research programs under sections 5312, 5313, 5314, and
5322 of title 49, United States Code.
CAPITAL INVESTMENT GRANTS
(INCLUDING RESCISSION)
For necessary expenses to carry out section 5309 of
title 49, United States Code, $1,566,000,000, to remain
available until expended: Provided, That of the funds avail-
able under this heading, amounts are to be made available
as follows:
For section 5309(m)(6)(B) of title 49, United
States Code, $15,000,000.
For section 5309(m)(6)(C) of title 49, United
States Code, $5,000,000.
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For the following sections of Public Law 109–59:
Section 3043(b)(9), $11,200,000;
Section 3043(d)(35), $18,965,043;
Section 3043(d)(10), $70,000,000;
Section 3043(b)(18), $5,000,000;
Section 3043(b)(1), $13,000,000;
Section 3043(b)(15), $65,000,000;
Section 3043(b)(21), $125,000,000;
Section 3043(b)(23), $20,000,000;
Section 3043(b)(22), $35,000,000;
Section 3043(c)(231), $30,000,000;
Section 3043(a)(19), $90,000,000;
Section 3043(a)(9), $70,000,000;
Section 3043(a)(7), $51,560,484;
Section 3043(a)(5), $36,500,000;
Section 3043(a)(31), $35,000,000;
Section 3043(a)(16), $55,192,995;
Section 3043(b)(20), $200,000,000;
Section 3043(b)(27), $80,000,000;
Section 3043(a)(20), $33,516,444;
Section 3043(b)(5), $86,250,000;
Section 3043(b)(30), $80,000,000;
Section 3043(a)(30), $70,000,000;
Section 3043(c)(134), $35,000,000;
Section 3043(b)(23), $21,200,000;