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power of eminent domain, unless eminent domain is em-
ployed only for a public use: Provided, That for purposes 
of this section, public use shall not be construed to include 
economic development that primarily benefits private enti-
ties: Provided further, That any use of funds for mass tran-
sit, railroad, airport, seaport or highway projects as well 
as utility projects which benefit or serve the general public 
(including energy-related, communication-related, water-re-
lated and wastewater-related infrastructure), other struc-
tures designated for use by the general public or which have 
other common-carrier or public-utility functions that serve 
the general public and are subject to regulation and over-
sight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield 
as defined in the Small Business Liability Relief and 
Brownsfield Revitalization Act (Public Law 107–118) shall 
be considered a public use for purposes of eminent domain: 
Provided further, That the Government Accountability Of-
fice, in consultation with the National Academy of Public 
Administration, organizations representing State and local 
governments, and property rights organizations, shall con-
duct a study to be submitted to the Congress within 12 
months of the enactment of this Act on the nationwide use 
of eminent domain, including the procedures used and the 
results accomplished on a State-by-State basis as well as 
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the impact on individual property owners and on the af-
fected communities. 
SEC. 410. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriations Act. 
SEC. 411. No part of any appropriation contained in 
this Act shall be available to pay the salary for any person 
filling a position, other than a temporary position, formerly 
held by an employee who has left to enter the Armed Forces 
of the United States and has satisfactorily completed his 
period of active military or naval service, and has within 
90 days after his release from such service or from hos-
pitalization continuing after discharge for a period of not 
more than 1 year, made application for restoration to his 
former position and has been certified by the Office of Per-
sonnel Management as still qualified to perform the duties 
of his former position and has not been restored thereto. 
SEC. 412. No funds appropriated pursuant to this Act 
may be expended by an entity unless the entity agrees that 
in expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 
10a–10c, popularly known as the ‘‘Buy American Act’’). 
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SEC. 413. No funds appropriated or otherwise made 
available under this Act shall be made available to any per-
son or entity that has been convicted of violating the Buy 
American Act (41 U.S.C. 10a–10c). 
SEC. 414. None of the funds appropriated or otherwise 
made available by this Act may be used to enter into a 
contract in an amount greater than $5,000,000 or to award 
a grant in excess of such amount unless the prospective con-
tractor or grantee certifies in writing to the agency award-
ing the contract or grant that the contractor or grantee has 
filed all Federal tax returns required during the three years 
preceding the certification, has not been convicted of a 
criminal offense under the Internal Revenue Code of 1986, 
and has not been notified of any unpaid Federal tax assess-
ment for which the liability remains unsatisfied unless the 
assessment is the subject of an installment agreement or 
offer in compromise that has been approved by the Internal 
Revenue Service and is not in default or the assessment is 
the subject of a non-frivolous administrative or judicial ap-
peal. 
SEC. 415. Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Appropriations of the 
Senate, the Committee on Appropriations of the House of 
Representatives, the Committee on Commerce, Science, and 
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Transportation of the Senate, and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives, a report detailing how the Federal Aviation Adminis-
tration plans to alleviate air congestion and flight delays 
in the New York/New Jersey/Philadelphia Airspace by Au-
gust 31, 2008. 
SEC. 416. None of the funds appropriated or otherwise 
made available by this Act may be obligated or expended 
by the Administrator of the Federal Aviation Administra-
tion to transfer the design and development functions of the 
FAA Academy in their entirety or to implement the Air 
Traffic Control Optimum Training Solution proposed by 
the Administrator in its entirety prior to September 30, 
2008. 
This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2008’’. 
Passed the House of Representatives July 24, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
Passed the Senate September 12, 2007. 
Attest: 
NANCY ERICKSON, 
Secretary. 
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