Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009

Bill: 110-s-3261
Sponsor: Sen. Murray, Patty [D-WA]
Introduced: 2008-07-14 in the Senate
Policy area: Economics and Public Finance
Subjects: AIDS (Disease)
Access Board
Airlines
Airports
Alaska
Appalachia
Appropriations
Architecture and the disabled
Armed Forces and National Security
Block grants
Bridges
Capital investments
Civil Rights and Liberties, Minority Issues
Civil rights enforcement
Commerce
Community development
Congress
Congressional oversight
Congressional reporting requirements
Counseling
Department of Housing and Urban Development
Department of Transportation
Disabled
Driver licenses
Education
Emergency Management
English language
Environmental Protection
Federal Maritime Commission
Federal aid to housing
Federal aid to research
Federal aid to transportation
Federally-guaranteed loans
Fees
Finance and Financial Sector
Foreclosure
Government Operations and Politics
Government corporations
Government trust funds
Harbors
Hawaiians
Health
Higher education
Highway finance
Home ownership
Homeless
Housing and Community Development
Housing discrimination
Housing for the aged
Housing for the disabled
Housing subsidies
Human immunodeficiency viruses
Independent regulatory commissions
Indian housing
Infrastructure
Inspectors general
Interagency Council on Homelessness
Labor and Employment
Law
Lead poisoning
Liability for environmental damages
Loan defaults
Low-income housing
Marine safety
Mass rapid transit
Minorities
Minority business enterprises
Mobile homes
Mortgage guaranty insurance
Mortgages
National Railroad Passenger Corporation (Amtrak)
National Transportation Safety Board
Neighborhood Reinvestment Corporation
Oil pollution
Pipelines
Policy sciences
Public housing
Railroad commuting traffic
Railroad employees
Railroad engineering
Railroad equipment
Railroad finance
Railroad passenger traffic
Railroad safety
Railroads
Relocation
Rent
Rental housing
Rescission of appropriated funds
Research and development
Research centers
Residential rehabilitation
Road construction
Rural economic development
Rural housing
Saint Lawrence Seaway Development Corporation
Science, Technology, Communications
Secondary mortgage market
Security measures
Shipbuilding
Social Welfare
Surface Transportation Board
Traffic accidents and safety
Traffic congestion
Traffic engineering
Transportation and Public Works
Transportation of hazardous substances
Transportation planning
Transportation research
Truck drivers
Trucking

Summary:
action_date: 2008-07-14
text: 
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Transportation.
 
Department of Housing and Urban Development Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Housing and Urban Development.
 
Makes appropriations for FY2009 to: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Federal Maritime Commission; (3) the National Transportation Safety Board; (4) the Neighborhood Reinvestment Corporation; and (5) the U.S. Interagency Council on Homelessness.
 
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2008-07-14
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 - 
Title I: Department of Transportation
 - Makes appropriations for FY2009 to the Department of Transportation (DOT), including: (1) the Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration; (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration; (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Pipeline and Hazardous Materials Safety Administration; (11) the Research and Innovative Technology Administration; (12) the Office of Inspector General; and (13) the Surface Transportation Board.
 
Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. 
 
(Sec. 103) Prohibits the obligation or obligation of funds to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.
 
(Sec. 104) Authorizes the Secretary of Transportation to engage with states and state legislators to consider proposals to reduce motorcycle fatalities. 
 
(Sec. 110) Prohibits the use of funds to compensate more than 425 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2009.
 
(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA 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. Exempts from this prohibition any negotiations between the agency and airport sponsors to achieve agreement on &quot;below-market&quot; 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) Authorizes the FAA Administrator to reimburse amounts made available to credit a certain account to carry out the essential air service program from fees credited to the FAA.
 
Makes inapplicable to FY2009 certain requirements for the use of fee proceeds for funding for small community air service, especially rural air safety improvement and rural airport projects.
 
(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
 
(Sec. 114) Extends through certain dates in 2009: (1) any aircraft insurance policy; and (2) waiver of air carrier liability for third party claims arising out of acts of terrorism.
 
(Sec. 115) Prohibits the obligation of funds for a FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card.
 
(Sec. 116) Prohibits the Secretary of Transportation from using funds to regulate the scheduling of airline operations at U.S. commercial airports if such regulating involves: (1) auctioning rights or permission to conduct airline operations; (2) implementing peak-period or congestion pricing; (3) limiting an airline's right or permission to operate; (4) charging a fee for use of navigable airspace; or (5) requiring, or providing incentives or disincentives to, airport owners to take such actions themselves.
 
Provides that that nothing in this section shall be construed to: (1) prohibit the Secretary of Transportation or the FAA Administrator from imposing per-operation limitations to alleviate airport congestion; (2) prohibit airports from implementing peak-period or congestion pricing; or (3) limit a state that owns a commercial airport from carrying out its proprietary rights.
 
(Sec. 117) Prohibits Airport Improvement Program (AIP) grant funds from being made available to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a non-revenue producing, public use area of the airport to carry out a public service air passenger rights and consumer out-reach campaign.
 
(Sec. 118) Requires the Administrator of the FAA to report to specified congressional committees on FAA actions to address any concerns and recommendations identified in any Government Accountability Office (GAO) report reviewing the FAA's project to redesign the airspace over the New York, New Jersey, and Philadelphia, Pennsylvania, region.
 
(Sec. 120) Prohibits for FY2009 distribution from the obligation limitation for federal-aid highways amounts authorized for specified administrative expenses and programs. Prescribes a formula for determining certain distributions of the obligation limitation. Specifies exceptions from the limitation, as well as its applicability to transportation research programs. Requires redistribution of certain authorized funds. Authorizes the obligation for any other listed project in the same state of obligation authority distributed for specified projects listed in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
 
(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products, in order to reimburse the Bureau for necessary expenses incurred.
 
(Sec. 122) Rescinds specified funds made available under the Intermodal Surface Transportation Efficiency Act of 1991 for specified: (1) high cost bridge projects; (2) congestion relief projects; (3) high priority segments of National Highway System corridors (and related feasibility studies); (4) rural and urban access projects; (5) urban access and urban mobility projects; (6) innovative techniques of highway construction; (7) priority intermodal transportation projects; (8) grants for state participation in the International [vehicle] Registration Plan and the International Fuel Tax Agreement (and the related working group); and (9) grants to establish a national center for transportation management, research, and development.
 
(Sec. 123) Rescinds permanently specified funds made available under the Transportation Equity Act for the 21st Century (TEA-21) for certain high priority projects for which less than 10% of funds for each project have been obligated.
 
(Sec. 124) Rescinds specified funds made available for administrative expenses of the Federal Highway Administration.
 
(Sec. 125) Rescinds permanently certain unobligated balances of funds made available for implementation of programs for transportation research, training and education, and technology deployment (including intelligent transportation systems).
 
(Sec. 126) Makes appropriations to the Secretary of Transportation for surface transportation project priorities identified in the explanatory statement accompanying this Act.
 
(Sec. 127) Requires the Secretary of Transportation to make an informal public notice and comment opportunity before waiving any Buy America requirement for federal-aid highway projects.
 
(Sec. 128) Directs the Secretary of the Treasury to transfer a specified amount from the Treasury to the Highway Trust Fund (other than the Mass Transit Account).
 
(Sec. 129) Makes certain funds available for a new pedestrian and bicycle-friendly at-grade crossing of East Broadway Street in Missoula, Montana.
 
(Sec. 130) Prohibits, with specified exceptions, the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that: (1) is not tolled; (2) is constructed with federal assistance; and (3) is in actual operation. 
 
(Sec. 135) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico, including an annual report on the subject by the Secretary of Transportation to the congressional appropriations committees.
 
(Sec. 136) Prohibits the use of funds under this Act to establish, or to continue, a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along U.S.-Mexico border.
 
(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews; and (2) core competency development training and related expenses for highway safety staff.
 
(Sec. 141) Rescinds specified funds made available in prior appropriations Acts for: (1) operations and research; (2) the National Driver Register; (3) Highway Traffic Safety Grants.
 
(Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to the Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. Defines any such service as one that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
 
(Sec. 151) Requires the Federal Railroad Administrator to report quarterly to the congressional appropriations committees on efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property.
 
(Sec. 152) Authorizes the Secretary to purchase promotional items of nominal value for use in public outreach activities to carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way.
 
(Sec. 153) Authorizes the Secretary of Transportation to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages. Requires collected amounts to be credited to the Safety and Operations account of the Federal Railroad Administration.
 
(Sec. 160) The limitations on obligations for the programs of the FTA shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation.
 
(Sec. 161) Declares that funds made available by this Act for specified FTA capital investment grants and bus and bus facilities projects which are not obligated by September 30, 2011, and other recoveries, shall be made available for other capital investment grant projects.
 
(Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2008, that remain available for expenditure.
 
(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
 
(Sec. 164) Directs the Secretary to amend immediately the Full Funding Grant Agreement for the Central Link Initial Segment Project to allow the use of any funds remaining in the current budget to support completion of the Airport Link extension.
 
(Sec. 165) Prohibits the use of funds provided or limited under this Act to issue a final regulation for capital investment grants relating to proposed changes to the FTA New Starts fixed guideway capital projects program and a new proposed Small Starts program category. Authorizes the FTA to continue to review comments received on the proposed rule (Docket No. FTA-2006-25737).
 
(Sec. 166) Rescinds a specified amount of discretionary funds made available for fixed guideway and bus and bus-related capital projects.
 
(Sec. 167) Authorizes the use of FTA funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities to construct new vessels and facilities, or to improve existing ones, including both passenger and vehicle-related elements, and for repair facilities. Earmarks a certain amount of funds for use by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies.
 
(Sec. 168) Prohibits the Secretary of Transportation from reallocating funding made available for certain transportation projects through previous appropriations Acts for the DOT.
 
(Sec. 169) Requires an appropriated amount for the Charlotte Rapid Transit Extension-Northeast Corridor Light Rail Project, North Carolina under the Alternatives Analysis Account in division K of the Consolidated Appropriations Act, 2008 (Public Law 110-161) to be used for the Charlotte Rapid Transit Extension-Northeast Corridor to carry out new fixed guideway or extension to existing fixed guideway activities.
 
(Sec. 176) Prohibits obligations from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this or any prior appropriations Act.
 
(Sec. 177) Increases from $4,000 to $8,000 the state maritime academy incentive payment by the Secretary of Transportation to a student each academic year. Allows the payments to be used for tuition.
 
(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and Presidential appointees in the DOT. Prohibits the assignment of any of such appointees on temporary detail outside the Department.
 
(Sec. 183) Prohibits the use of funds in this Act to implement establishment in the DOT of a National Highway Safety Advisory Committee.
 
(Sec. 184) Prohibits any recipient of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law.
 
Prohibits the Secretary of Transportation, however, from withholding funds provided in this Act for any grantee if a state fails to comply with this prohibition.
 
(Sec. 187) Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase it upon the payment to the Department of an amount the Secretary determines.
 
(Sec. 188) Requires the Secretary of Transportation to notify the congressional appropriations committees at least three full business days before announcing any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more from certain grant programs, including the federal highway emergency relief program, the FAA airport improvement program, or any FTA program other than the formula grants and fixed guideway modernization programs.
 
(Sec. 190) Provides for the use of funds that the Secretary of Transportation determines represent improper payments by the Department to a third party contractor under a financial assistance award, which are recovered pursuant to law.
 
(Sec. 192) Prohibits the use of funds by the Surface Transportation Board to allow the collection, storage, or transfer of solid waste, or related activities, at a solid waste rail transfer facility in cases, matters, or declaratory orders involving a railroad, or an entity claiming or seeking authority to operate as one, unless the Board receives assurance from the state that such railroad or entity has agreed to comply with pertinent state public health, safety, and environmental standards.
 
(Sec. 193) Prohibits the use of funds by the Surface Transportation Board to charge or collect any filing fee for rate complaints filed with the Board in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
 
(Sec. 195) Earmarks certain funds for Missouri River, Route 240, Saline and Howard Counties for alternative transportation (including ferryboat service) during bridge replacement.
 
(Sec. 196) Authorizes the state of New Mexico to use congestion mitigation and air quality improvement program funds to support the operation of commuter rail service between Belen and Bernalillo, New Mexico.
 
(Sec. 197) Makes certain unobligated funds under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for FY2006-FY2009 available: (1) to OATS, Incorporated, Missouri, for buses and bus-related facilities; and (2) for maintenance, repair, and reconstruction of the Tucker Bridge in the City of St. Louis, Missouri.
 
(Sec. 199) Directs the DOT, including the Federal Highway Administration and NHTSA, to study the fuel consumption savings and safety ramifications generated by the expanded use of Neighborhood Electric Vehicles on roadways with a maximum speed limit of 40 miles per hour.
 
 

Title II: Department of Housing and Urban Development
 - Department of Housing and Urban Development Appropriations Act, 2009 - Makes appropriations for FY2009 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) public and Indian housing; (3) community planning and development; (4) the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) policy development and research; (7) fair housing and equal opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Federal Housing Enterprise Oversight.
 
(Sec. 201) Requires rescission of 50% of the amounts of budget authority (or in lieu thereof remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local-government, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires the use of such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, by state housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992.
 
Authorizes the Secretary, all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
 
(Sec. 202) Prohibits the use of funds during FY2009 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.
 
(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that: (1) received an allocation in a prior fiscal year; but (2) is not otherwise eligible for an FY2009 allocation because the areas in the state outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
 
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.
 
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
 
(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Government National Mortgage Association (Ginnie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
 
(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as may be necessary in carrying out the programs set forth in their FY2009 budgets. Limits the use of collections of these corporations and agencies for new loan or mortgage purchase commitments to the extent expressly provided for in this Act, except for their mortgage insurance or guaranty operations, or where loans or mortgage purchases are necessary to protect the financial interest of the U.S. government.
 
(Sec. 208) Prohibits the obligation or expenditure of the funds provided in this title for technical assistance, training, or management improvements unless HUD describes for the congressional appropriations committees each proposed activity and a detailed budget estimate of the associated program, project or activity costs as part of the Budget Justifications.
 
(Sec. 209) Directs the Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
 
(Sec. 210) Requires the Secretary to: (1) adjust the funds allocated for FY2009 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula.
 
Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2009 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area.
 
Authorizes the Secretary to: (1) adjust FY2009 allocations under such Act, upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area; and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
 
(Sec. 211) Requires the President's formal budget request for FY2010 and HUD's congressional budget justifications to use the identical account and sub-account structure provided under this Act.
 
(Sec. 212) Declares that a public housing agency (PHA) (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity board of directors (or similar governing board), as otherwise required by such Act.
 
Requires each such PHA (or other entity) that chooses not to include such individuals on its agency or entity board of directors (or similar governing board) to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients to provide advice and comment on related issues.
 
(Sec. 213) Authorizes the Secretary for FY2008-FY2009, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects.
 
(Sec. 214) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
 
(Sec. 215) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements under the Federal Credit Reform Act of 1990. 
 
(Sec. 216) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
 
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.
 
(Sec. 217) Authorizes the Secretary through FY2009 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs) for elderly homeowners.
 
(Sec. 218) Requires the Secretary during FY2009, in managing and disposing of any multifamily property that is owned or held by HUD, to maintain any section 8 rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued section 8 payments, based on consideration of the costs of rehabilitating and operating the property and environmental conditions that cannot be remedied in a cost-effective fashion, to contract, in consultation with the property tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
 
Requires the Secretary also to take steps to ensure that project-based contracts remain in effect before foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety.
 
(Sec. 219) Amends the United States Housing Act of 1937 to extend through FY2009 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to PHAs.
 
(Sec. 220) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule.
 
Prohibits exemption from such rule, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.
 
(Sec. 221) Requires the Secretary to report quarterly to congressional appropriations committees on HUD's use of all sole source contracts.
 
(Sec. 222) Authorizes the use of Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.
 
(Sec. 223) Requires the Secretary to submit to specified congressional committees for FY2008-FY2009: (1) a complete and accurate accounting of the actual renewal costs for project-based section 8 assistance; and (2) revised estimates, and all sources, of the funding needed to fully fund all 12 months of all such project-based contracts.
 
Requires the Secretary, as part of HUD's FY2010 budget request, to submit to such committees complete and detailed information, including a project-by-project analysis, that verifies that it will fully fund all such project-based contracts for FY2010, including expiring ones.
 
(Sec. 224) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control; and (2) received training in funds control procedures and directives.
 
(Sec. 225) Requires: (1) payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding; and (2) the annual budget submission for such funding to include the payment as a separate line item request.
 
(Sec. 226) Rescinds $800 million from the unobligated balances remaining from funds appropriated for Tenant-Based Rental Assistance under the Department of Housing and Urban Development Appropriations Act, 2008. Requires derivation of such amount from reductions to PHA calendar year 2009 allocations based on amounts in PHA net restricted assets accounts.
 
(Sec. 227) Amends the Housing and Community Development Act of 1992 to provide that federally assisted housing also includes supportive housing for persons with disabilities under the Cranston-Gonzalez Affordable Housing Act.
 
(Sec. 228) Amends the Home Investment Partnership Act with respect to the Secretary's authority to provide assistance for housing education and organizational support.
 
Increases the annual limitation from 20% to 40% of total appropriations for such purposes that may go to any one contractor.
 
Reduces from 40% to 25% the minimum amount of such funds available for single-state contractors.
 
Modifies the terms of contracts in support of state and local affordable housing strategies to increase from 20% to 40% the maximum percentage of a contracting organization's budget operation that a contract may provide for each year.
 
Extends through calendar 2011 the Secretary's authority to make grants under the Act for downpayment assistance to low-income families who are first-time home buyers.
 
(Sec. 229) Requires the Secretary for FY2009 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively.
 
Requires the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website(s) or through other electronic media.
 
(Sec. 230) Authorizes the use to assist eligible multifamily housing projects of any amounts made available under previous appropriations Acts for technical assistance under the Multifamily Assisted Housing Reform and Affordability Act of 1997 that currently remain available..
 
(Sec. 231) Amends the National Housing Act to revise, with higher maximums, the formula for determining the maximum principal loan obligation of a mortgage loan eligible for insurance.
 
Repeals the prohibition against insurance of a first-time homebuyer mortgage involving a principal obligation, and related fees, exceeding 97% of the property's appraised value of the property unless the mortgagor has completed an approved homeownership counseling program.
 
(Sec. 232) Amends the American Homeownership and Economic Opportunity Act of 2000 to revise requirements for prepayment of a loan providing HUD assistance for supportive housing for the elderly under the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act).
 
Deems a section 8 project-based rental assistance contract terminated (including all obligations and restrictions under it) if such assistance is no longer available to the project: (1) as a result of insufficient amounts of appropriated funds; or (2) on terms that would provide the project with income equivalent to such assistance.
 
Authorizes the project owner, in such a situation, to charge tenants rent sufficient to meet debt service payments and operating cost requirements approved by the Secretary. 
 
Makes such a contract termination an eligibility event for purposes of tenant eligibility for enhanced low-income housing assistance vouchers under the United States Housing Act of 1937.
 
Allows prepayment of such a loan to involve refinancing if it results in a transaction in which the project owner will address the physical needs of the project, subject to certain conditions.
 
(Sec. 233) Prohibits the availability to any homeless group of designated surplus federal property unless the group is a member in good standing under any of HUD's homeless assistance programs or is in good standing with any other program receiving federal or state funds. 
 
Allows an exception to this requirement for an entity not involved with federal homeless programs if it meets specified financial, track record, and property management requirements.
 
Permits the Secretary to rely on the entity's prior demonstrated fundraising ability or commitments for in-kind donations of goods and services.
 
(Sec. 234) Declares that certain Tenant-Based Rental Assistance and Public Housing Capital Fund amounts provided to assist PHAs located within the most heavily impacted Hurricane Katrina or Rita disaster areas of Louisiana and Mississippi shall remain available in FY2009 for a PHA to combine certain housing assistance in order to facilitate the prompt, flexible and efficient use of such funds to assist families who were receiving such housing assistance immediately before Hurricane Katrina or Rita and were displaced from their housing by the hurricanes.
 
(Sec. 235) Requires the Secretary to increase the number of Moving-to-Work agencies authorized under title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 by adding to the program three PHAs that are: (1) High Performing Agencies under the Public Housing Assessment System (PHAS); and (2) HOPE VI agencies.
 
Bars a PHA from being granted this designation if it administers in excess of 5,000 aggregate housing vouchers and public housing units.
 
Prohibits such designated PHAs from receiving more funding than they otherwise would have received without this designation.
 

Title III: Related Agencies
 - Makes appropriations for FY2009 to: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Federal Maritime Commission; (3) the National Transportation Safety Board (with a certain rescission); (4) the Neighborhood Reinvestment Corporation; and (5) the U.S. Interagency Council on Homelessness.
 
Extends the U.S. Interagency Council on Homelessness through FY2012.
 

Title IV: General Provisions (This Act)
 - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
 
(Sec. 401) Requires any sums necessary for FY2009 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
 
(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
 
(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 31, 2008, to the congressional appropriations committees on all sole source contracts.
 
(Sec. 409) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use.
 
(Sec. 410) Prohibits the transfer of funds to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
 
(Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
 
(Sec. 412) Prohibits the expenditure of funds by an entity unless it agrees that such expenditure will comply with the Buy American Act.
 
(Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.


Legislative actions:
action_date: 2008-07-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 878.
action_date: 2008-07-14
text: Committee on Appropriations. Original measure reported to Senate by Senator Murray. With written report No. 110-418.
action_date: 2008-07-14
text: Committee on Appropriations. Original measure reported to Senate by Senator Murray. With written report No. 110-418.
action_date: 2008-07-14
text: Introduced in Senate
action_date: 2008-07-10
text: Committee on Appropriations. Ordered to be reported without amendment favorably.
action_date: 2008-04-03
text: Committee on Appropriations Subcommittee on Transportation and Housing and Urban Development, and Related Agencies  . Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-820.
action_date: 2008-03-13
text: Committee on Appropriations Subcommittee on Transportation and Housing and Urban Development, and Related Agencies  . Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-820.
action_date: 2008-03-06
text: Committee on Appropriations Subcommittee on Transportation and Housing and Urban Development, and Related Agencies  . Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-820.