†
122
HR 3074 EAS
OFFICE OF LEAD HAZARD CONTROL
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL
SALARIES AND EXPENSES
For the necessary salaries and expenses of the Office
of Healthy Homes and Lead Hazard Control, $6,140,000.
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, $151,000,000, to remain
available until September 30, 2009, of which $8,800,000
shall be for the Healthy Homes Initiative, pursuant to sec-
tions 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That for purposes
of environmental review, pursuant to the National Environ-
mental 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, Oper-
ation Lead Elimination Action Plan (LEAP), or the Lead
Technical Studies program under this heading or under
prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special project
for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further,
†
123
HR 3074 EAS
That of the total amount made available under this head-
ing, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs:
Provided further, That each applicant shall submit a de-
tailed plan and strategy that demonstrates adequate capac-
ity that is acceptable to the Secretary to carry out the pro-
posed use of funds pursuant to a Notice of Funding Avail-
ability: Provided further, That of the total amount made
available under this heading, $2,000,000 shall be available
for the Big Buy Program to be managed by the Office of
Healthy Homes and Lead Hazard Control.
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 tech-
nology systems, for the continuing operation and mainte-
nance of both Department-wide and program-specific infor-
mation systems, and for program-related development ac-
tivities, $172,600,000, to remain available until September
30, 2009: Provided, That any amounts transferred to this
Fund under this Act shall remain available until expended:
Provided further, That any amounts transferred to this
Fund from amounts appropriated 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.
†
124
HR 3074 EAS
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary salaries and expenses of the Office of In-
spector General in carrying out the Inspector General Act
of 1978, as amended, $112,000,000: Provided, That the In-
spector General shall have independent authority over all
personnel issues within this office.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Fi-
nancial Safety and Soundness Act of 1992, including not
to exceed $500 for official reception and representation ex-
penses, $66,000,000, to remain available until expended, to
be derived from the Federal Housing Enterprises Oversight
Fund: Provided, That the Director shall submit a spending
plan for the amounts provided under this heading no later
than January 15, 2008: Provided further, That not less
than 80 percent of the total amount made available under
this heading shall be used only for examination, super-
vision, and capital oversight of the enterprises (as such term
is defined in section 1303 of the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502)) to ensure that the enterprises are operating
in a financially safe and sound manner and complying
with the capital requirements under Subtitle B of such Act:
†
125
HR 3074 EAS
Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treas-
ury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund:
Provided further, That the general fund amount shall be
reduced as collections are received during the fiscal year
so as to result in a final appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
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 agen-
cies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after
January 1, 1992, in accordance with such section. Notwith-
standing the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured
†
126
HR 3074 EAS
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 2008 to investigate
or prosecute under the Fair Housing Act any otherwise law-
ful activity engaged in by one or more persons, including
the filing or maintaining of a non-frivolous legal action,
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 2008 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 2008 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
2008 do not have the number of cases of acquired im-
†
127
HR 3074 EAS
munodeficiency 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 854(c)(1)(A)
in fiscal year 2008, 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 2008 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 division’’)
of the New York-Newark-Edison, NY–NJ–PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Hous-
ing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropoli-
tan 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 proportion of the metropolitan
†
128
HR 3074 EAS
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 Jer-
sey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS re-
ported in the portion of the metropolitan area or division
that is located in Bergen County and Passaic County, 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 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 metropoli-
tan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2008 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 three year period.
SEC. 204. Except as explicitly provided in law, any
grant, cooperative agreement or other assistance made pur-
suant to title II of this Act shall be made on a competitive
†
129
HR 3074 EAS
basis and in accordance with section 102 of the Department
of Housing and Urban Development Reform Act of 1989.
SEC. 205. Funds of the Department of Housing and
Urban Development subject to the Government Corporation
Control Act or section 402 of the Housing Act of 1950 shall
be available, without regard to the limitations on adminis-
trative expenses, for legal services on a contract or fee basis,
and for utilizing and making payment for services and fa-
cilities of the Federal National Mortgage Association, Gov-
ernment National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Fed-
eral Reserve banks or any member thereof, Federal Home
Loan banks, and any insured bank within the meaning of
the Federal Deposit Insurance Corporation 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 De-
velopment shall be available for any program, project or
activity in excess of amounts set forth in the budget esti-
mates submitted to Congress.
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are subject
to the Government Corporation Control Act, as amended,
are hereby authorized to make such expenditures, within the
†
130
HR 3074 EAS
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 re-
gard to fiscal year limitations as provided by section 104
of such Act as may be necessary in carrying out the pro-
grams set forth in the budget for 2008 for such corporation
or agency except as hereinafter provided: Provided, That
collections 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
proviso shall not apply to the mortgage insurance or guar-
anty operations of these corporations, or where loans or
mortgage purchases are necessary to protect the financial
interest 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 HUD provides
to the Committees on Appropriations a description of each
proposed activity and a detailed budget estimate of the costs
associated with each program, project or activity as part
of the Budget Justifications. For fiscal year 2008, HUD
shall transmit this information to the Committees by March
15, 2008 for 30 days of review.
†
131
HR 3074 EAS
SEC. 209. The Secretary of Housing and Urban Devel-
opment shall provide quarterly reports to the House and
Senate Committees on Appropriations regarding all uncom-
mitted, unobligated, recaptured and excess funds in each
program and activity within the jurisdiction of the Depart-
ment and shall submit additional, updated budget informa-
tion to these Committees upon request.
SEC. 210. (a) Notwithstanding any other provision of
law, the amount allocated for fiscal year 2008 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 Metro-
politan Division (hereafter ‘‘metropolitan division’’), shall
be adjusted by the Secretary of Housing and Urban Devel-
opment by allocating to the State of New Jersey the propor-
tion 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
†
132
HR 3074 EAS
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 allocate
to Wake County, North Carolina, the amounts that other-
wise would be allocated for fiscal year 2008 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 Metropolitan Statis-
tical 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 sta-
tistical area.
(c) Notwithstanding section 854(c) of the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary
of Housing and Urban Development may adjust the alloca-
tion of the amounts that otherwise would be allocated for
fiscal year 2008 under section 854(c) of such Act, upon the
written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in
which the metropolitan statistical area is located as the eli-
gible grantee(s) of the allocation. In the case that a metro-
politan statistical area involves more than one State, such
amounts allocated to each State shall be in proportion to
†
133
HR 3074 EAS
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 the portion of the met-
ropolitan statistical area located in that State.
SEC. 211. The Secretary of Housing and Urban Devel-
opment shall submit an annual report no later than August
30, 2008 and annually thereafter to the House and Senate
Committees on Appropriations regarding the number of
Federally assisted units under lease and the per unit cost
of these units to the Department of Housing and Urban
Development.
SEC. 212. The Department of Housing and Urban De-
velopment shall submit the Department’s fiscal year 2009
congressional budget justifications to the Committees on Ap-
propriations of the House of Representatives and the Senate
using the identical structure provided under this Act and
only in accordance with the direction specified in the report
accompanying this Act.
SEC. 213. Incremental vouchers previously made avail-
able under the heading ‘‘Housing Certificate Fund’’ or re-
newed under the heading, ‘‘Tenant-Based Rental Assist-
ance,’’ for non-elderly disabled families shall, to the extent
practicable, continue to be provided to non-elderly disabled
families upon turnover.
†
134
HR 3074 EAS
SEC. 214. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be re-
quired 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 directors 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 Authority of the county
of Los Angeles, California and the States of Alaska, Iowa
and Mississippi shall establish an advisory board of not less
than 6 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 re-
lated to public housing and section 8. Such advisory board
shall meet not less than quarterly.
SEC. 215. (a) Notwithstanding any other provision of
law, subject to the conditions listed in subsection (b), for
fiscal years 2008 and 2009, the Secretary may authorize
the transfer of some or all project-based assistance, debt and
statutorily required low-income and very low-income use re-
strictions, associated with one or more multifamily housing
project to another multifamily housing project or projects.
†
135
HR 3074 EAS
(b) The transfer authorized in subsection (a) is subject
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 re-
main the same in the receiving project or projects;
(2) the transferring project shall, as determined
by the Secretary, be either physically obsolete or eco-
nomically non-viable;
(3) the receiving project or projects shall meet or
exceed applicable physical standards established by
the Secretary;
(4) the owner or mortgagor of the transferring
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials;
(5) the tenants of the transferring project who re-
main eligible for assistance to be provided by the re-
ceiving project or projects shall not be required to va-
cate their units in the transferring project or projects
until new units in the receiving project are available
for occupancy;
(6) the Secretary determines that this transfer is
in the best interest of the tenants;
†
136
HR 3074 EAS
(7) if either the transferring project or the receiv-
ing project or projects meets the condition specified in
subsection (c)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the
owner shall be subordinate to any FHA-insured mort-
gage lien transferred to, or placed on, such project by
the Secretary;
(8) if the transferring project meets the require-
ments of subsection (c)(2)(E), the owner or mortgagor
of the receiving project or projects shall execute and
record either a continuation of the existing use agree-
ment or a new use agreement for the project where,
in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restric-
tions;
(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; and
(10) the Secretary determines that Federal liabil-
ity with regard to this project will not be increased.
(c) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the statute
†
137
HR 3074 EAS
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
conditions—
(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 restructuring
under the Multifamily Assisted Housing Reform
and Affordability Housing Act;
(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 section
existed before the enactment of the Cranston-
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;
†
138
HR 3074 EAS
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as
such section existed immediately before October
1, 1983);
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Development
Act of 1965;
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments
under section 236(f)(2) of the National Housing
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 the project-based assistance, debt, and statu-
torily 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 the
project-based assistance, debt and the statutorily re-
quired low-income and very low-income use restric-
tions to the receiving project; and,
†
139
HR 3074 EAS
(6) the term ‘‘Secretary’’ means the Secretary of
Housing and Urban Development.
SEC. 216. 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. 217. Incremental vouchers made available under
this Act and previously made available under the heading,
‘‘Housing Certificate Fund’’ or renewed under the heading,
‘‘Tenant-Based Rental Assistance’’, for family unification
shall, to the extent practicable, continue to be provided for
family unification.
SEC. 218. 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 Gov-
ernment owned automated track inspection cars and equip-
ment as a result of third party liability for such damages,
and any amounts collected under this subsection 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 equip-