[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3074 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 12, 2007.
    Resolved, That the bill from the House of Representatives (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 ending September 30, 2008, and for other purposes, 
namely:

                                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 Utilization; 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 Information Officer: Provided, That the 
Secretary of Transportation 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 
appropriation for any office shall be increased or decreased by more 
than 5 percent by all such transfers: Provided further, 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 expenses 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 credited to this appropriation up to $2,500,000 in funds 
received 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 activities, and making 
grants, to remain available until expended, $14,115,000.

                          working capital fund

    Necessary expenses for operating costs and capital outlays 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: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied 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 authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses 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 opportunities 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 available until expended: Provided, That, in 
determining between 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 necessary to carry out the essential air service program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.

                     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 authorized 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, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed 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.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing 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 Airway 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 safety 
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 activities; 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 regional 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: Provided, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation 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 
activities 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 certification 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 Administration shall transmit to Congress an annual update to 
the report submitted to Congress in December 2004 pursuant to section 
221 of Public Law 108-176: Provided further, 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, 
the Administrator shall transmit to Congress a companion report that 
describes a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification 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 implement 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 incurred in the provision of agency 
services, including receipts for the maintenance and operation of air 
navigation facilities, and for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station 
certificates, 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 program: 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: 
Provided further, That none of the funds in this Act may be obligated 
or expended for an employee of the Federal Aviation 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, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized 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 quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading, including aircraft 
for aviation regulation 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 private 
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 Transportation shall transmit to the Congress a 
comprehensive capital investment plan for the Federal Aviation 
Administration 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 Management 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 acquisition 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 offsetting collections, 
funds received from States, counties, municipalities, 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 compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing 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 inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates 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: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations 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 replacement of baggage 
conveyor systems, reconfiguration of terminal 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 cooperative 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 administer 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.

       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 contract 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 airport sponsors to provide 
to the Federal Aviation Administration 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 prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement 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 remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113. Amounts collected under section 40113(e) of title 49, 
United States Code, shall 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. (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 striking ``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 Service by Older Pilots. (a) 
In General.--Chapter 447 of title 49, United States Code, is amended by 
adding at the end thereof the following:
``Sec. 44729. Age standards for pilots
    ``(a) In General.--Subject to the limitation in subsection (c), a 
pilot may serve in multicrew covered operations until attaining 65 
years of age.
    ``(b) Covered Operations Defined.--In this section, the term 
`covered operations' means operations under part 121 of title 14, Code 
of Federal Regulations.
    ``(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 Convention on International 
        Civil Aviation provides that a pilot who has attained 60 years 
        of age may serve as pilot-in-command in international 
        commercial operations 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 Appropriations Act, 2008, section 121.383(c) of title 
14, Code of Federal 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 Development, and Related 
        Agencies Appropriations Act, 2008 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 member; or
                    ``(B) such person is newly hired by an air carrier 
                as a pilot on or after such date of enactment 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 conformance 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 employment law or regulation, 
        before any court or agency of the United States or of any State 
        or locality.
    ``(f) Amendments to Labor Agreements and Benefit 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 represented for collective bargaining, shall be made by 
agreement of the air carrier and the designated bargaining 
representative of the pilots of the air carrier.
    ``(g) Medical Standards and Records.--
            ``(1) Medical examinations and standards.--Except as 
        provided by paragraph (2), a person 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 
        frequent 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 certificate.--No 
        person who has attained 60 years of age may serve as a pilot of 
        an air carrier engaged in 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 judgment.
            ``(2) Line evaluations.--Not later than 6 months after the 
        date of enactment of the Transportation, Housing and Urban 
        Development, and Related 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. Notwithstanding 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 
        second-in-command if the pilot has undergone a regularly 
        scheduled simulator evaluation during that period.
            ``(3) GAO report.--Not later than 24 months after the date 
        of enactment of the Transportation, Housing and Urban 
        Development, and Related Agencies Appropriations Act, 2008, the 
        Comptroller General shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation 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:

``Sec. 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 Administration and the 
        Secretary of Transportation to address flight delays at 
        airports in the United States.
            (2) Contents.--The study required by paragraph (1) shall 
        include an assessment of--
                    (A) efforts by the Administrator of the Federal 
                Aviation Administration to induce voluntary schedule 
                reductions by air carriers at Chicago O'Hare 
                International Airport;
                    (B) the mandatory flight reduction operations 
                instituted by the Administrator of the Federal Aviation 
                Administration at LaGuardia Airport and Ronald Reagan 
                Washington National Airport;
                    (C) the New York/New Jersey/Philadelphia 
                Metropolitan Airspace Redesign; and
                    (D) any other significant efforts by the 
                Administrator of the Federal Aviation Administration 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.

                     Federal Highway Administration

                 limitation on administrative expenses

    Not to exceed $377,556,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration 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 obligations 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 limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
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, including counsel, in the field 
of municipal and project finance 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 expended 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 
administrative expenses under section 608 of title 23, United States 
Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    Notwithstanding any other provision of law, for carrying out the 
provisions of title 23, United States Code, that are attributable to 
Federal-aid highways, not otherwise provided, including reimbursement 
for sums expended pursuant 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 Account), to 
remain available until expended.

                              (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 rescission 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 repair and 
reconstruction of the Interstate I-35W bridge located 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 section 204 of S. Con. Res. 21 
(110th Congress): Provided further, That the Federal share of the costs 
of any project funded 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).

                 appalachian development highway system

    For necessary expenses for West Virginia corridor H of the 
Appalachian Development Highway System as authorized 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 Transportation 
Development Program as authorized under section 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 administrative 
        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 Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        amounts designated under section 124; and the Bureau of 
        Transportation Statistics;
            (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 highway 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 distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions 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 1301, 1302, and 1934 of 
        the Safe, Accountable, Flexible, 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 Legacy 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 determined 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 Transportation 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 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 construction programs (other than 
        the amounts apportioned 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, Efficient 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 apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall 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 subsections 
(b) and (j) of section 131 of the Surface Transportation Assistance Act 
of 1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal Surface 
Transportation 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 subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority 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, 
Flexible, Efficient Transportation Equity Act: A Legacy for 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 Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (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 priority 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 Federal-aid highway and highway safety 
construction programs 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 programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal 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 described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (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 limitation 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), obligation 
        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 authority 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 distribution of obligation authority 
under subsection (a)(4)(A) 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 Equity Act: A 
Legacy for Users.
    Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.

                              (rescission)

    Sec. 122. Of the amounts made available under section 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 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 requirement 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 Department of 
Transportation and Related Agencies Appropriations 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 unobligated and 
unexpended after issuance of the record of decision 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 administration of motor 
carrier safety operations and programs pursuant 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 advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain 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 
administration of programs, the obligations for which are in excess of 
$231,469,553, for ``Motor Carrier Safety Operations 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 further, 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, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $300,000,000, 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 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 commercial driver's 
license improvements program to carry out section 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 registration 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 commercial 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 
improvement 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 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: Provided 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 balances 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 balances 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 Public Law 110-28, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees 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 September 30, 2010: Provided, That none of the funds appropriated 
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 different from the three grading standards (treadwear, 
traction, 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 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 September 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 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 Performance Grants'' under 23 U.S.C. 406; 
$34,500,000 shall be for ``State Traffic Safety Information System 
Improvements'' under 23 U.S.C. 408; $131,000,000 shall be for 
``Alcohol-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 Visibility 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 ``Alcohol-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 section 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 Contract 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 Contract Authorization) 
(Limitation on Obligations) (Highway 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 Administration, 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 development, 
$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 expended: Provided, That grants shall be 
provided to a State only on a reimbursable basis: Provided further, 
That grants cover no more than 50 percent of the total capital cost of 
a project selected for funding: Provided further, That no later than 
eight months following enactment of this Act, the Secretary shall 
establish and publish criteria for project selection, 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: Provided 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 application 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 
commitment by freight railroads to an enforceable on-time performance 
of passenger trains of 80 percent or greater, involve a commitment by 
freight railroads of financial resources commensurate with the benefit 
expected to their operations, improve or extend service on a route that 
requires little or no Federal assistance for its 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 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 sections 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 commitments 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 Corporation 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 
receiving 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, 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 quarterly thereafter with estimates of 
the savings accrued as a result of all operational reforms instituted 
by the Corporation: Provided further, That not later than 120 days 
after enactment of this Act, the Corporation shall transmit to the 
House and Senate Committees on Appropriations the status of its plan to 
improve the financial performance of food and beverage service and its 
plan to improve the financial performance of first class service 
(including sleeping car service): Provided further, That the 
Corporation shall report quarterly to the House and Senate Committees 
on Appropriations on its progress against the milestones and target 
dates contained in the plan provided in fiscal year 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 Transportation and Infrastructure and the Senate 
Committee on Commerce, Science, and Transportation a comprehensive 
business plan approved by the Board of Directors 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, revenues, 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 
estimated timetable for completion of the projects covered by this 
business plan: Provided further, That the Corporation shall continue to 
provide monthly reports in electronic format regarding the pending 
business plan, which shall describe the work completed to date, any 
changes to the business plan, and the reasons for such changes, and 
shall identify all sole source contract awards which shall be 
accompanied by a justification as to why said contract was awarded on a 
sole source basis: Provided further, That the Corporation's business 
plan and all subsequent supplemental plans shall be displayed on the 
Corporation's website within a reasonable timeframe following their 
submission 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 expended 
until the Corporation agrees to continue abiding by the provisions of 
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner as in effect 
on the date of enactment of this Act.

  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 Corporation for the maintenance and 
repair of capital infrastructure 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 obligations: 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 by grants made under this heading: Provided further, That the 
Secretary shall approve funding for capital expenditures, 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 
available until expended for capital improvements if the Corporation 
demonstrates to the Secretary's satisfaction that the Corporation has 
achieved operational savings and met ridership and revenue targets as 
defined in the Corporation'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 Transportation Inspector General shall review and comment 
to the Secretary of Transportation and the House and Senate 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 consultation with the 
Corporation and the States on the Northeast 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 Transportation 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 available to said Corporation in the 
event that the Corporation contracts to have services provided at or 
from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151. Not later than January 1, 2008, the Federal Railroad 
Administrator shall submit a report, and quarterly reports thereafter, 
to the House and Senate Committees on Appropriations detailing the 
Administrator's efforts at improving the on-time performance of Amtrak 
intercity rail service operating on non-Amtrak owned property. Such 
reports shall compare the most recent actual on-time performance data 
to pre-established on-time performance goals that the Administrator 
shall set for each rail service, identified by route. Such reports 
shall also include whatever other information and data regarding the 
on-time performance of Amtrak trains the Administrator deems to be 
appropriate.
    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 administration 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 Columbia.

                     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 Administrator; 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 Communication 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 Innovation; 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 account: 
Provided further, That the Administrator is authorized to transfer 
funds appropriated for an office of the Federal Transit Administration: 
Provided further, That no appropriation for an office shall be 
increased or decreased by 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 approval to the 
House and Senate Committees on Appropriations: 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 security under this 
heading: Provided further, That of the funds in this Act available for 
the execution of contracts under section 5327(c) of title 49, United 
States Code, $2,000,000 shall be reimbursed to the Department of 
Transportation's Office of Inspector General for costs associated with 
audits and investigations of transit-related issues, including reviews 
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.

                         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 Highway 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): Provided 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 Partnership 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 available 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 available 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.
            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;
                    Section 3043(d)(39), $3,000,000;
                    Section 3043(b)(14), $500,000;
                    Section 3043(c)(86), $20,000,000;
                    Section 3043(c)(43), $5,000,000;
                    Section 3043(c)(153), $20,000,000; and
                    Section 3043(c)(258), $5,000,000.
            For the Jacksonville Rapid Transit System Phase 1, Florida, 
        $9,870,000;
            For North Corridor BRT, Houston and Southeast Corridor BRT, 
        Texas, $15,000,000;
            For San Francisco Muni Third Street Light Rail, California, 
        $10,000,000;
            For Mid-Jordan Light Rail Extension, $20,000,000; and
            For METRA Connects, Illinois, $1,300,000:
Provided further, That of the funds available under this heading, 
amounts are to be made available under section 5309(e).
    For the following sections of Public Law 109-59:
            Section 3043(c)(201), $3,000,000;
            Section 3043(c)(177), $3,000,000;
            Section 3043(d)(3), $1,500,000;
            Section 3043(c)(182), $2,500,000;
            Section 3043(c)(79), $2,000,000;
            Section 3043(c)(197), $6,000,000;
            Section 3043(c)(173), $1,000,000; and
            Section 3043(c)(95), $14,250,000.
    For State Avenue Corridor BRT, Wyandotte County, Kansas, 
$1,500,000; and
    For Troost Corridor BRT, Missouri, $6,260,000.

       administrative provisions--federal transit administration

    Sec. 160. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161. Notwithstanding any other provision of law, funds made 
available by this Act under ``Federal Transit Administration, Capital 
investment grants'' and bus and bus facilities under ``Federal Transit 
Administration, Formula and bus grants'' for projects specified in this 
Act or identified in reports accompanying this Act not obligated by 
September 30, 2010, and other recoveries, shall be made available for 
other projects under 49 U.S.C. 5309.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2007, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163. Notwithstanding any other provision of law, unobligated 
funds made available for a new fixed guideway systems projects under 
the heading ``Federal Transit Administration, Capital Investment 
Grants'' in any appropriations Act prior to this Act may be used during 
this fiscal year to satisfy expenses incurred for such projects.
    Sec. 164. In regard to the Central Link Initial Segment Project, to 
the extent that funds remain available within the current budget for 
the project, the Secretary shall amend the Full Funding Grant Agreement 
for said project to allow remaining funds to be used to support 
completion of the Airport Link extension of said project.
    Sec. 165. Amounts provided for a high capacity fixed guideway light 
rail and mass transit project for the City of Albuquerque, New Mexico, 
in Public Laws 106-69, 106-346 and 107-87 shall be available for bus 
and bus facilities.
    Sec. 166. Any unobligated amounts made available for the Commuter 
Rail, Albuquerque to Santa Fe, New Mexico under the heading ``Capital 
Investment Grants'' under the heading ``Federal Transit 
Administration'' in title I of division A of the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 
109-115; 119 Stat. 2418) shall be made available for public 
transportation buses, equipment and facilities related to such buses, 
and intermodal terminal in Albuquerque and Santa Fe, New Mexico, 
subject to the requirements under section 5309 of title 49, United 
States Code.
    Sec. 167. Notwithstanding any other provision of law, funds made 
available for the ``Las Vegas Resort Corridor Fixed Guideway Project'', 
the ``CATRAIL RTC Rail Project'', and the ``Las Vegas, Nevada Monorail 
Project'' in Nevada in Public Laws 107-87, 108-7, 108-199 and 108-447 
may be made available to the Regional Transportation Commission of 
Southern Nevada for bus or bus facilities projects eligible under 
section 5307 or section 5309 of title 49, United States Code, and shall 
remain available until expended.
    Sec. 168. The Administrator of the Federal Transit Administration 
may conduct a study of the public transportation agencies in the 
urbanized areas described in section 5337(a) of title 49, United States 
Code (referred to in this section as ``agencies'').
    (a) The study conducted under subsection (a) shall--
            (1) analyze the state of repair of the agencies' rail 
        infrastructure, including bridges, ties, and rail cars;
            (2) calculate the amount of Federal funding received by the 
        agencies during the 9-year period ending September 30, 2007, 
        pursuant to--
                    (A) the Intermodal Surface Transportation 
                Efficiency Act of 1991 (Public Law 102-240);
                    (B) the Transportation Equity Act for the 21st 
                Century (Public Law 105-178); and
                    (C) the Safe, Accountable, Flexible, Efficient 
                Transportation Equity: A Legacy for Users (Public Law 
                109-59);
            (3) estimate the minimum amount of funding necessary to 
        bring all of the infrastructure described in paragraph (1) into 
        a state of good repair; and
            (4) determine the changes to the rail modernization formula 
        program that would be required to bring all of the 
        infrastructure described in paragraph (1) into a state of good 
        repair.
    (b) Not later than 1 year after the date of the enactment of this 
Act, the Administrator shall submit to the Committee on Appropriations 
of the Senate and the Committee on Appropriations of the House of 
Representatives a report that contains the results of the study 
conducted under this section.
    Sec. 169. The second sentence of section 321 of the Department of 
Transportation and Related Agencies Appropriations Act, 1986 (99 Stat. 
1287) is repealed.
    Sec. 170. None of the funds provided or limited under this Act may 
be used to issue a final regulation under section 5309 of title 49, 
United States Code.

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $17,392,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662.

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $156,000,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $122,890,545, of which $24,720,000 shall remain 
available until September 30, 2008, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$13,850,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$10,500,000 shall remain available until expended for maintenance and 
repair of Schoolships at State Maritime Schools.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$18,000,000, to remain available until expended.

                     assistance to small shipyards

    To make grants for capital improvements and related infrastructure 
improvements at qualified shipyards that will facilitate the 
efficiency, cost-effectiveness, and quality of domestic ship 
construction for commercial and Federal Government use as authorized 
under section 3506 of Public Law 109-163, $20,000,000, to remain 
available until expended: Provided, That to be considered for 
assistance, a qualified shipyard shall submit an application for 
assistance no later than 60 days after enactment of this Act: Provided 
further, That from applications submitted under the previous proviso, 
the Secretary of Transportation shall make grants no later than 120 
days after enactment of this Act in such amounts as the Secretary 
determines: Provided further, That not to exceed 2 percent of the funds 
appropriated under this heading shall be available for necessary costs 
of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized, $13,408,000, of 
which $10,000,000 shall remain available until expended: Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That the Inspector General shall report to 
the House and Senate Committees on Appropriations by March 30, 2007, on 
whether the Maritime Administration is in compliance with the 
recommendations contained in the Inspector General's audit reports on 
the title XI program: Provided further, That not to exceed $3,408,000 
shall be available for administrative expenses to carry out the 
guaranteed loan program, which shall be transferred to and merged with 
the appropriation for ``Operations and Training'', Maritime 
Administration.

                           ship construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$4,614,545 are rescinded.

           administrative provisions--maritime administration

    Sec. 170. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 171. No obligations shall be incurred during the current 
fiscal year from the construction fund established by the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess 
of the appropriations and limitations contained in this Act or in any 
prior appropriations Act.

         Pipeline and Hazardous Materials Safety Administration

                        administrative expenses

    For necessary administrative expenses of the Pipeline and Hazardous 
Materials Safety Administration, $18,130,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $27,003,000, of which $1,761,000 shall remain available 
until September 30, 2010: Provided, That up to $1,200,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$82,404,000, of which $18,810,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2010; of which $63,594,000 shall be derived from the Pipeline Safety 
Fund, of which $32,967,000 shall remain available until September 30, 
2010: Provided, That not less than $1,043,000 of the funds provided 
under this heading shall be for the one-call State grant program.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2009: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2008 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or her designee.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $12,000,000, of which $6,036,000 shall remain available 
until September 30, 2010: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$66,400,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $25,000,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2008, to 
result in a final appropriation from the general fund estimated at no 
more than $23,750,000.

            General Provisions--Department of Transportation

                     (including transfers of funds)

    Sec. 180. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 182. None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 183. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 185. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 186. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 187. None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; or (3) any program of the Federal Transit 
Administration other than the formula grants and fixed guideway 
modernization programs: Provided, That no notification shall involve 
funds that are not available for obligation.
    Sec. 188. Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 189. Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information Act of 2002: Provided, 
        That amounts in excess of that required for paragraphs (1) and 
        (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided, That prior to the transfer of any 
                such recovery to an appropriations account, the 
                Secretary shall notify the House and Senate Committees 
                on Appropriations of the amount and reasons for such 
                transfer: Provided further, That for purposes of this 
                section, the term ``improper payments'', has the same 
                meaning as that provided in section 2(d)(2) of Public 
                Law 107-300.
    Sec. 190. Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 191. Out of funds appropriated or otherwise made available 
under this Act to the Surface Transportation Board of the Department of 
Transportation, when considering cases, matters, or declaratory orders 
before the Board involving a railroad, or an entity claiming or seeking 
authority to operate as a railroad, and the transportation of solid 
waste (as defined in section 1004 of 42 U.S.C. 6903), the Board shall 
consider any activity involving the receipt, delivery, sorting, 
handling or transfer in-transit outside of a sealed container, storage 
other than inside a sealed container, or other processing of solid 
waste to be an activity over which the Board does not have 
jurisdiction.
    Sec. 192. None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 193. Not later than 90 days after the date of the enactment of 
this Act, the Inspector General of the Department of Transportation 
shall--
            (1) conduct an investigation of rail service disruptions 
        since 2004 and incidents since 2004 in which rail carriers 
        failed to timely deliver various commodities, such as coal, 
        wheat, ethanol, potatoes, specialty crops, and lumber; and
            (2) submit a report containing legislative and regulatory 
        recommendations designed to reduce such disruptions and 
        incidents and to improve railroad service to--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Appropriations of the House of 
                Representatives;
                    (C) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    Sec. 194. None of the funds made available under this Act may be 
used to establish a cross-border motor carrier demonstration program to 
allow Mexico-domiciled motor carriers to operate beyond the commercial 
zones along the international border between the United States and 
Mexico.
    Sec. 195. Not later than 30 days after the date of enactment of 
this Act, the Secretary of Transportation shall establish and maintain 
on the homepage of the Internet website of the Department of 
Transportation--
            (1) a direct link to the Internet website of the Office of 
        Inspector General of the Department of Transportation; and
            (2) a mechanism by which individuals may anonymously report 
        cases of waste, fraud, or abuse with respect to the Department 
        of Transportation.
    Sec. 196. Prohibition on Imposition and Collection of Tolls on 
Certain Highways Constructed Using Federal Funds. (a) Definitions.--In 
this section:
            (1) Federal highway facility.--
                    (A) In general.--The term ``Federal highway 
                facility'' means--
                            (i) any highway, bridge, or tunnel on the 
                        Interstate System that is constructed using 
                        Federal funds; or
                            (ii) any United States highway.
                    (B) Exclusion.--The term ``Federal highway 
                facility'' does not include any right-of-way for any 
                highway, bridge, or tunnel described in subparagraph 
                (A).
            (2) Tolling provision.--The term ``tolling provision'' 
        means section 1216(b) of the Transportation Equity Act for the 
        21st Century (23 U.S.C. 129 note; 112 Stat. 212);
    (b) Prohibition.--
            (1) In general.--None of the funds made available by this 
        Act shall be used to consider or approve an application to 
        permit the imposition or collection of any toll on any portion 
        of a Federal highway facility in the State of Texas--
                    (A)(i) that is in existence on the date of 
                enactment of this Act; and
                    (ii) on which no toll is imposed or collected under 
                a tolling provision on that date of enactment; or
                    (B) that would result in the Federal highway 
                facility having fewer non-toll lanes than before the 
                date on which the toll was first imposed or collected.
            (2) Exemption.--Paragraph (1) shall not apply to the 
        imposition or collection of a toll on a Federal highway 
        facility--
                    (A) on which a toll is imposed or collected under a 
                tolling provision on the date of enactment of this Act; 
                or
                    (B) that is constructed, under construction, or the 
                subject of an application for construction submitted to 
                the Secretary, after the date of enactment of this Act.
    (c) State Buy-Back.--None of the funds made available by this Act 
shall be used to impose or collect a toll on a Federal highway facility 
in the State of Texas that is purchased by the State of Texas on or 
after the date of enactment of this Act.
    Sec. 197. The Secretary of Transportation may conduct a study of 
the use of non-hazardous recycled aggregates and other materials, 
including reused concrete and asphalt, in highway projects, to the 
maximum extent practicable and whenever economically feasible and 
consistent with public health and environmental laws.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2008''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Office of the Secretary

                         salaries and expenses

    For necessary salaries and expenses of the Office of the Secretary 
of Housing and Urban Development, $3,930,000: Provided, That not to 
exceed $25,000 of this amount shall be available for official reception 
and representation expenses.

                          Executive Operations

                     office of hearings and appeals

    For the necessary salaries and expenses of the Office of Hearings 
and Appeals, $1,490,000.

         office of small and disadvantaged business utilization

    For the necessary salaries and expenses of the Office of Small and 
Disadvantaged Business Utilization, $510,000.

                 office of the chief financial officer

    For the necessary salaries and expenses of the Office of the Chief 
Financial Officer, $43,750,000.

                     office of the general counsel

    For the necessary salaries and expenses of the Office of the 
General Counsel, $86,820,000.

                office of the chief procurement officer

    For the necessary salaries and expenses of the Office of the Chief 
Procurement Officer, $13,500,000.

            center for faith-based and community initiatives

    For necessary salaries and expenses of the Center for Faith-Based 
and Community Initiatives, $1,860,000.

        office of the assistant secretary for congressional and 
                      intergovernmental relations

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional and Intergovernmental Relations, 
$2,670,000: Provided, That the Secretary shall provide the Committee on 
Appropriations quarterly written notification regarding the status of 
pending congressional reports.

          office of the assistant secretary for public affairs

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Public Affairs, $2,630,000.

          office of departmental equal employment opportunity

    For the necessary salaries and expenses of the Office of 
Departmental Equal Employment Opportunity, $3,440,000.

                       Administrative Activities

          office of the assistant secretary for administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration, $1,480,000.

                  administration salaries and expenses

    For necessary salaries and expenses of the Office of 
Administration, $251,630,000: Provided, That, funds provided under the 
heading may be used for necessary administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109.

           office of departmental operations and coordination

    For the necessary salaries and expenses of the Office of 
Departmental Operations and Coordination, $12,520,000.

                 office of field policy and management

    For the necessary salaries and expenses of the Office of Field 
Policy and Management, $47,730,000.

                       Public and Indian Housing

    office of the assistant secretary for public and indian housing

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Public and Indian Housing, $1,620,000.

            public and indian housing salaries and expenses

    For necessary salaries and expenses of the Office of Public and 
Indian Housing, $188,340,000.

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $16,598,694,000, to remain available until 
expended, of which $12,398,694,000 shall be available on October 1, 
2007, and $4,200,000,000 shall be available on October 1, 2008: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $14,936,200,000 for renewals of expiring section 8 
        tenant-based annual contributions contracts (including renewals 
        of enhanced vouchers under any provision of law authorizing 
        such assistance under section 8(t) of the Act): Provided, That 
        notwithstanding any other provision of law, from amounts 
        provided under this paragraph, the Secretary for the calendar 
        year 2008 funding cycle shall provide renewal funding for each 
        public housing agency based on voucher management system (VMS) 
        leasing and cost data for the most recently completed period of 
        12 consecutive months for which the Secretary determines the 
        data is verifiable and complete and by applying the 2008 Annual 
        Adjustment Factor as established by the Secretary, and by 
        making any necessary adjustments for the costs associated with 
        the first-time renewal of tenant protection or HOPE VI vouchers 
        or vouchers that were not in use during the 12-month period in 
        order to be available to meet a commitment pursuant to section 
        8(o)(13) of the Act: Provided further, That notwithstanding the 
        first proviso, except for applying the 2008 Annual Adjustment 
        Factor and making any other specified adjustments, public 
        housing agencies specified in category 1 below shall receive 
        funding for calendar year 2008 based on the higher of the 
        amounts the agencies would receive under the first proviso or 
        the amounts the agencies received in calendar year 2007, and 
        public housing agencies specified in categories 2 and 3 below 
        shall receive funding for calendar year 2008 equal to the 
        amounts the agencies received in calendar year 2007, except 
        that public housing agencies specified in categories 1 and 2 
        below shall receive funding under this proviso only if, and to 
        the extent that, any such public housing agency submits a plan, 
        approved by the Secretary, that demonstrates that the agency 
        can effectively use within 12 months the funding that the 
        agency would receive under this proviso that is in addition to 
        the funding that the agency would receive under the first 
        proviso: (1) public housing agencies that are eligible for 
        assistance under section 901 in Public Law 109-148 (119 Stat. 
        2781) or are located in the same counties as those eligible 
        under section 901 and operate voucher programs under section 
        8(o) of the United States Housing Act of 1937 but do not 
        operate public housing under section 9 of such Act, and any 
        public housing agency that otherwise qualifies under this 
        category must demonstrate that they have experienced a loss of 
        rental housing stock as a result of the 2005 hurricanes; (2) 
        public housing agencies that would receive less funding under 
        the first proviso than they would receive under this proviso 
        and that have been placed in receivership within the 24 months 
        preceding the date of enactment of this Act; and (3) public 
        housing agencies that spent more in calendar year 2007 than the 
        total of the amounts of any such public housing agency's 
        allocation amount for calendar year 2007 and the amount of any 
        such public housing agency's available housing assistance 
        payments undesignated funds balance from calendar year 2006 and 
        the amount of any such public housing agency's available 
        administrative fees undesignated funds balance through calendar 
        year 2007: Provided further, That up to $100,000,000 shall be 
        available only: (1) to adjust the allocations for public 
        housing agencies, after application for an adjustment by a 
        public housing agency that experienced a significant increase, 
        as determined by the Secretary, in renewal costs resulting from 
        unforeseen circumstances or from portability under section 8(r) 
        of the Act of tenant-based rental assistance; and (2) for 
        adjustments for public housing agencies that could experience a 
        significant decrease in voucher funding that could result in 
        the risk of loss of voucher units due to the use of VMS data 
        based on a 12-month period: Provided further, That none of the 
        funds provided under the first proviso in this section may be 
        used to support a total number of unit months under lease which 
        exceeds a public housing agency's authorized level of units 
        under contract: Provided further, That the Secretary shall, to 
        the extent necessary to stay within the amount provided under 
        this paragraph, pro rate each public housing agency's 
        allocation otherwise established pursuant to this paragraph: 
        Provided further, That except as provided in the following 
        proviso, the entire amount provided under this paragraph shall 
        be obligated to the public housing agencies based on the 
        allocation and pro rata method described above and the 
        Secretary shall notify public housing agencies of their annual 
        budget not later than 90 days after enactment of this Act: 
        Provided further, That public housing agencies participating in 
        the Moving to Work demonstration shall be funded pursuant to 
        their Moving to Work agreements and shall be subject to the 
        same pro rata adjustments under the previous proviso;
            (2) $150,000,000 for section 8 rental assistance for 
        relocation and replacement of housing units that are demolished 
        or disposed of pursuant to the Omnibus Consolidated Rescissions 
        and Appropriations Act of 1996 (Public Law 104-134), conversion 
        of section 23 projects to assistance under section 8, the 
        family unification program under section 8(x) of the Act, 
        relocation of witnesses in connection with efforts to combat 
        crime in public and assisted housing pursuant to a request from 
        a law enforcement or prosecution agency, enhanced vouchers 
        under any provision of law authorizing such assistance under 
        section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance: Provided, That 
        the Secretary shall provide replacement vouchers for all units 
        that cease to be available as assisted housing due to 
        demolition, disposition, or conversion, subject only to the 
        availability of funds;
            (3) $50,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act;
            (4) up to $6,494,000 may be transferred to the Working 
        Capital Fund;
            (5) $1,351,000,000 for administrative and other expenses of 
        public housing agencies in administering the section 8 tenant-
        based rental assistance program, of which up to $5,000,000 
        shall be available as an incentive bonus as determined by the 
        Secretary for administrative expenses for PHAs that voluntarily 
        consolidate, and which up to $35,000,000 shall be available to 
        the Secretary to allocate to public housing agencies that need 
        additional funds to administer their section 8 programs, with 
        up to $30,000,000 to be for fees associated with section 8 
        tenant protection rental assistance: Provided, That no less 
        than $1,311,000,000 of the amount provided in this paragraph 
        shall be allocated for the calendar year 2008 funding cycle on 
        a basis to public housing agencies as provided in section 8(q) 
        of the Act as in effect immediately before the enactment of the 
        Quality Housing and Work Responsibility Act of 1998 (Public Law 
        105-276): Provided further, That if the amounts made available 
        under this paragraph are insufficient to pay the amounts 
        required by this paragraph, the Secretary may decrease the 
        amounts allocated to agencies by a uniform prorated percentage 
        applicable to all agencies receiving funding under this 
        paragraph or may, to the extent necessary to provide full 
        payment of amounts required under this paragraph, utilize 
        unobligated balances, including recaptures and carryovers, 
        remaining from funds appropriated to the Department of Housing 
        and Urban Development under this heading, the heading ``Annual 
        Contributions for Assisted Housing'', the heading ``Housing 
        Certificate Fund'', and the heading ``Project-based rental 
        assistance'', for fiscal year 2007 and prior years, 
        notwithstanding the purposes for which such amounts were 
        appropriated: Provided further, That all amounts provided under 
        this paragraph shall be only for activities related to the 
        provision of tenant-based rental assistance authorized under 
        section 8, including related development activities;
            (6) $30,000,000 for incremental voucher assistance through 
        the Family Unification Program; and
            (7) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937: Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 305 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs: 
        Provided further, That the Secretary of Housing and Urban 
        Development may waive, or specify alternative requirements for 
        (in consultation with the Secretary of the Department of 
        Veterans Affairs), any provision of any statute or regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance: Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon 
        turnover.

                        housing certificate fund

                              (rescission)

    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and 
Urban Development under this heading, the heading ``Annual 
contributions for assisted housing'', the heading ``Tenant-based rental 
assistance'', and the heading ``Project-based rental assistance'', for 
fiscal year 2007 and prior years, $1,100,000,000 are rescinded, to be 
effected by the Secretary no later than September 30, 2008: Provided, 
That, if insufficient funds exist under these headings, the remaining 
balance may be derived from any other heading under this title: 
Provided further, That the Secretary shall notify the Committees on 
Appropriations 30 days in advance of the rescission of any funds 
derived from the headings specified above: Provided further, That any 
such balances governed by reallocation provisions under the statute 
authorizing the program for which the funds were originally 
appropriated shall be available for the rescission: Provided further, 
That any obligated balances of contract authority from fiscal year 1974 
and prior that have been terminated shall be cancelled.

                    project-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937, as 
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise 
provided for, $5,813,000,000, to remain available until expended: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) up to $5,522,810,000 for expiring or terminating 
        section 8 project-based subsidy contracts (including section 8 
        moderate rehabilitation contracts), for amendments to section 8 
        project-based subsidy contracts (including section 8 moderate 
        rehabilitation contracts), for contracts entered into pursuant 
        to section 441 of the McKinney-Vento Homeless Assistance Act, 
        for renewal of section 8 contracts for units in projects that 
        are subject to approved plans of action under the Emergency Low 
        Income Housing Preservation Act of 1987 or the Low-Income 
        Housing Preservation and Resident Homeownership Act of 1990, 
        and for administrative and other expenses associated with 
        project-based activities and assistance funded under this 
        paragraph.
            (2) not to exceed $286,230,000 for performance-based 
        contract administrators for section 8 project-based assistance: 
        Provided, That the Secretary may also use such amounts for 
        performance-based contract administrators for: interest 
        reduction payments pursuant to section 236(a) of the National 
        Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
        pursuant to section 101 of the Housing and Urban Development 
        Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
        assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
        assistance contracts for the elderly under section 202(c)(2) of 
        the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1); 
        project rental assistance contracts for supportive housing for 
        persons with disabilities under section 811(d)(2) of the 
        Cranston-Gonzalez National Affordable Housing Act; project 
        assistance contracts pursuant to section 202(h) of the Housing 
        Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under 
        section 202 of the Housing Act of 1959 (Public Law 86-372; 73 
        Stat. 667).
            (3) not to exceed $3,960,000 may be transferred to the 
        Working Capital Fund; and
            (4) amounts recaptured under this heading, the heading 
        ``Annual Contributions for Assisted Housing'', or the heading 
        ``Housing Certificate Fund'' may be used for renewals of or 
        amendments to section 8 project-based contracts or for 
        performance-based contract administrators, notwithstanding the 
        purposes for which such amounts were appropriated.

                      public housing capital fund

                     (including transfer of funds)

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937, as amended 
(42 U.S.C. 1437g) (the ``Act'') $2,500,000,000, to remain available 
until September 30, 2011: Provided, That notwithstanding any other 
provision of law or regulation, during fiscal year 2008, the Secretary 
may not delegate to any Department official other than the Deputy 
Secretary and the Assistant Secretary for Public and Indian Housing any 
authority under paragraph (2) of section 9(j) regarding the extension 
of the time periods under such section: Provided further, That for 
purposes of such section 9(j), the term ``obligate'' means, with 
respect to amounts, that the amounts are subject to a binding agreement 
that will result in outlays, immediately or in the future: Provided 
further, That of the total amount provided under this heading, up to 
$14,890,000 shall be for carrying out activities under section 9(h) of 
such Act; not to exceed $16,847,000 may be transferred to the Working 
Capital Fund; and up to $15,345,000 shall be to support the ongoing 
Public Housing Financial and Physical Assessment activities of the Real 
Estate Assessment Center (REAC): Provided further, That no funds may be 
used under this heading for the purposes specified in section 9(k) of 
the United States Housing Act of 1937, as amended: Provided further, 
That of the total amount provided under this heading, not to exceed 
$20,000,000 may be available for the Secretary of Housing and Urban 
Development to make grants, notwithstanding section 305 of this Act, to 
public housing agencies for emergency capital needs resulting from 
unforeseen or unpreventable emergencies and natural disasters occurring 
in fiscal year 2008: Provided further, That of the total amount 
provided under this heading, $40,000,000 shall be for supportive 
services, service coordinators and congregate services as authorized by 
section 34 of the Act and the Native American Housing Assistance and 
Self-Determination Act of 1996: Provided further, That of the total 
amount provided under this heading up to $8,820,000 is to support the 
costs of administrative and judicial receiverships: Provided further, 
That, notwithstanding any other provision of law or regulation, or any 
independent decision of the Secretary, during fiscal year 2008, the 
Secretary shall, in accordance with part 905.10(j) of title 24, Code of 
Federal Regulations and from amounts made available under this heading, 
award performance bonuses to public housing agencies that are 
designated high performers under the Public Housing Assessment System 
for the 2007 fiscal year.

                     public housing operating fund

    For 2008 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), 
$4,200,000,000; of which $5,940,000 shall be for technical assistance 
related to the transition and implementation of asset-based management 
in public housing: Provided, That, in fiscal year 2008 and all fiscal 
years hereafter, no amounts under this heading in any appropriations 
Act may be used for payments to public housing agencies for the costs 
of operation and management of public housing for any year prior to the 
current year of such Act: Provided further, That no funds may be used 
under this heading for the purposes specified in section 9(k) of the 
United States Housing Act of 1937, as amended.

     revitalization of severely distressed public housing (hope vi)

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing 
Act of 1937, as amended, $100,000,000, to remain available until 
September 30, 2008, of which not to exceed $1,980,000 may be used for 
technical assistance and contract expertise, to be provided directly or 
indirectly by grants, contracts or cooperative agreements, including 
training and cost of necessary travel for participants in such 
training, by or to officials and employees of the department and of 
public housing agencies and to residents: Provided, That none of such 
funds shall be used directly or indirectly by granting competitive 
advantage in awards to settle litigation or pay judgments, unless 
expressly permitted herein.

                  native american housing block grants

                     (including transfer of funds)

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$630,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made available under 
this heading, $2,000,000 shall be contracted through the Secretary as 
technical assistance and capacity building to be used by the National 
American Indian Housing Council in support of the implementation of 
NAHASDA; and $4,250,000 shall be to support the inspection of Indian 
housing units, contract expertise, training, and technical assistance 
in the training, oversight, and management of such Indian housing and 
tenant-based assistance, including up to $300,000 for related travel: 
Provided further, That of the amount provided under this heading, 
$1,980,000 shall be made available for the cost of guaranteed notes and 
other obligations, as authorized by title VI of NAHASDA: Provided 
further, That such costs, including the costs of modifying such notes 
and other obligations, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize the total principal amount of 
any notes and other obligations, any part of which is to be guaranteed, 
not to exceed $17,000,000.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to 
remain available until expended, of which $300,000 shall be for 
training and technical assistance activities.

           indian housing loan guarantee fund program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $7,450,000, to remain available until expended: Provided, That 
such costs, including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed, up to 
$367,000,000.

      native hawaiian housing loan guarantee fund program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,044,000, to remain available until expended: Provided, That 
such costs, including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed, not to 
exceed $41,504,255.

                   Community Planning and Development

     office of the assistant secretary for community planning and 
                              development

                         salaries and expenses

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Community Planning and Development, $1,520,000.

        community planning and development salaries and expenses

    For necessary salaries and expenses of the Office of Community 
Planning and Development mission area, $93,770,000.

              housing opportunities for persons with aids

                     (including transfer of funds)

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $300,100,000, to remain available until September 30, 
2009, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2010: Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section: Provided 
further, That the Secretary may use not to exceed $1,485,000 of the 
funds under this heading for training, oversight, and technical 
assistance activities; and not to exceed $1,485,000 may be transferred 
to the Working Capital Fund.

                 rural housing and economic development

    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $17,000,000, to remain 
available until expended, which amount shall be competitively awarded 
by September 1, 2008, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas.

                       community development fund

                     (including transfer of funds)

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,060,000,000, to remain available until September 30, 
2010, unless otherwise specified: Provided, That of the amount 
provided, $3,705,430,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That not to exceed $1,570,000 may be 
transferred to the Working Capital Fund: Provided further, That 
$3,000,000 is for technical assistance as authorized by section 
107(b)(4) of such Act: Provided further, That $62,000,000 shall be for 
grants to Indian tribes notwithstanding section 106(a)(1) of such Act, 
of which, notwithstanding any other provision of law (including section 
305 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amount made available under this heading, $248,000,000 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments: Provided, That 
none of the funds provided under this paragraph may be used for program 
operations: Provided further, That, for fiscal years 2006, 2007, and 
2008, no unobligated funds for EDI grants may be used for any purpose 
except acquisition, planning, design, purchase of equipment, 
revitalization, redevelopment or construction.
    Of the amount made available under this heading, $40,000,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can 
be integrated more effectively with welfare reform initiatives.

         community development loan guarantees program account

                     (including transfer of funds)

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2009, as authorized by section 108 of the Housing 
and Community Development Act of 1974, as amended: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                       brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $10,000,000, to remain 
available until September 30, 2009.

                  home investment partnerships program

                     (including transfer of funds)

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,970,000,000, to remain available until September 30, 2010, 
of which not to exceed $3,465,000 may be transferred to the Working 
Capital Fund: Provided, That up to $15,000,000 shall be available for 
technical assistance: Provided further, That of the total amount 
provided in this paragraph, up to $150,000,000 shall be available for 
housing counseling under section 106 of the Housing and Urban 
Development Act of 1968: Provided further, That, from amounts 
appropriated or otherwise made available under this heading, 
$25,000,000 may be made available to promote broader participation in 
homeownership through the American Dream Downpayment Initiative, as 
such initiative is set forth under section 271 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12821).
    Of the overall funds made available for this account, up to 
$100,000,000 may be made available for mortgage foreclosure mitigation 
activities, under the following terms and conditions:
            (1) The Secretary of Housing and Urban Development 
        (``Secretary, ``the Department'') is authorized to provide, or 
        contract with public, private or nonprofit entities (including 
        the Neighborhood Reinvestment Corporation and Housing Finance 
        Agencies) to make awards (with up to a 25 percent match by an 
        entity of the amount made available to such entity) (except for 
        the match, some or all of the award may be repayable by the 
        contractor to the Secretary, upon terms determined by the 
        Secretary) to provide mitigation assistance to eliminate the 
        default and foreclosure of mortgages of owner-occupied single-
        family homes that are at risk of such foreclosure, including 
        mortgages known as subprime mortgages;
            (2) These loss mitigation activities shall only be made 
        available to homebuyers with mortgages in default or in danger 
        of default where such activities are likely to ensure the long-
        term affordability of any mortgage retained pursuant to such 
        activity; No Federal funds made available under this paragraph 
        may be provided directly to lenders or homeowners for 
        foreclosure mitigation assistance. An entity may use its own 
        funds (including its match contribution) for foreclosure 
        mitigation assistance subject to repayment requirements and the 
        regulations issued by the Secretary;
            (3) Loss mitigation activities shall involve a reasonable 
        analysis of the borrower's financial situation, an evaluation 
        of the current value of the property that is subject to the 
        mortgage, the possible purchase of the mortgage, refinancing 
        opportunities or the approval of a work-out strategy by all 
        interested parties, and an assessment of the feasibility of the 
        following measures, including:
                    (I) waiver of any late payment change or, as 
                applicable, penalty interest;
                    (II) forbearance pursuant to the written agreement 
                between the borrower and servicer providing for a 
                temporary reduction in monthly payments followed by a 
                reamortization and new payment schedule that includes 
                any arrearage;
                    (III) waiver, modification, or variation of any 
                term of a mortgage, including modifications that 
                changes the mortgage rate, including the possible 
                elimination of the adjustable rate mortgage 
                requirements, forgiving the payment of principal and 
                interest, extending the final maturity rate of such 
                mortgage, or beginning to include an escrow for taxes 
                and insurance;
                    (IV) acceptance of payment from the homebuyer of an 
                amount less than the stated principal balance in 
                financial satisfaction of such mortgage;
                    (V) assumption;
                    (VI) pre-foreclosure sale;
                    (VII) deed in lieu of foreclosure; and
                    (VIII) such other measures, or combination of 
                measures, to make the mortgage both feasible and 
                reasonable to ensure the long-term affordability of any 
                mortgage retained pursuant to such activity.
            (4) Activities described in subclasses (V)(VI)(VII) shall 
        be only pursued after a reasonable evaluation of the 
        feasibility of the activities described in subclasses (I), 
        (II), (III), (IV) and (VIII), based on the homeowner's 
        circumstances.
            (5) The Secretary shall develop a listing of mortgage 
        foreclosure mitigation entities with which it has agreements as 
        well as a listing of counseling centers approved by the 
        Secretary, with the understanding that an eligible mortgage 
        foreclosure mitigation entity may also operate as a counseling 
        center.
            (6) Any mitigation funds recovered by the Department of 
        Housing and Urban Development shall be revolved back into the 
        overall mitigation fund or for other counseling activities, 
        maintained by the Department and revolved back into mitigation 
        and counseling activities.
            (7) The Department shall report annually to the Congress on 
        its efforts to mitigate mortgage default. Such report shall 
        identify all methods of success and housing preserved and shall 
        include all recommended efforts that will or likely can assist 
        in the success of this program.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $70,000,000, to remain available 
until September 30, 2010: Provided, That of the total amount provided 
under this heading, $26,500,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended: Provided further, That $33,500,000 shall be made available for 
the first four capacity building activities authorized under section 
4(b)(3) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as 
in effect immediately before June 12, 1997 and of which up to 
$5,000,000 may be made available for rural capacity building 
activities: Provided further, That of the total amount made available 
under this heading; $3,000,000 shall be made available to the Housing 
Assistance Council; $2,000,000 shall be made available to the National 
American Indian Housing Council; $3,000,000 shall be made available as 
a grant to the Raza Development Fund of La Raza for the HOPE Fund, of 
which $500,000 is for technical assistance and fund management, and 
$2,500,000 is for investments in the HOPE Fund and financing to 
affiliated organizations; and $2,000,000 shall be made available as a 
grant to the Housing Partnership Network for operating expenses and a 
program of affordable housing acquisition and rehabilitation.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the supportive housing program as authorized under subtitle 
C of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing 
Act of 1937, as amended, to assist homeless individuals pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act; and the 
shelter plus care program as authorized under subtitle F of title IV of 
such Act, $1,585,990,000, of which $1,580,990,000 shall remain 
available until September 30, 2010, and of which $5,000,000 shall 
remain available until expended for rehabilitation projects with ten-
year grant terms: Provided, That of the amounts provided, $25,000,000 
shall be set aside to conduct a demonstration program for the rapid re-
housing of homeless families: Provided further, That of amounts made 
available in the preceding proviso, not to exceed $3,000,000 may be 
used to conduct an evaluation of this demonstration program: Provided 
further, That funding made available for this demonstration program 
shall be used by the Secretary, expressly for the purposes of providing 
housing and services to homeless families in order to evaluate the 
effectiveness of the rapid re-housing approach in addressing the needs 
of homeless families: Provided further, That not less than 30 percent 
of funds made available, excluding amounts provided for renewals under 
the shelter plus care program, shall be used for permanent housing for 
individuals and families: Provided further, That all funds awarded for 
services shall be matched by 25 percent in funding by each grantee: 
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the shelter 
plus care program if the program is determined to be needed under the 
applicable continuum of care and meets appropriate program requirements 
and financial standards, as determined by the Secretary: Provided 
further, That all awards of assistance under this heading shall be 
required to coordinate and integrate homeless programs with other 
mainstream health, social services, and employment programs for which 
homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program: Provided further, That up to $8,000,000 
of the funds appropriated under this heading shall be available for the 
national homeless data analysis project and technical assistance: 
Provided further, That not to exceed $2,475,000 of the funds 
appropriated under this heading may be transferred to the Working 
Capital Fund: Provided further, That all balances for Shelter Plus Care 
renewals previously funded from the Shelter Plus Care Renewal account 
and transferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2008.

                            Housing Programs

    office of the assistant secretary for housing, federal housing 
                              commissioner

                         salaries and expenses

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Housing, Federal Housing Commissioner, $3,420,000.

                     housing salaries and expenses

    For necessary salaries and expenses of the Office of Housing, 
$351,560,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this heading may be used for advertising 
and promotional activities that support the housing mission area.

                        housing for the elderly

                     (including transfer of funds)

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $735,000,000, to 
remain available until September 30, 2011, of which up to $603,900,000 
shall be for capital advance and project-based rental assistance 
awards: Provided, That, of the amount provided under this heading, up 
to $60,000,000 shall be for service coordinators and the continuation 
of existing congregate service grants for residents of assisted housing 
projects, and of which up to $24,750,000 shall be for grants under 
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for 
conversion of eligible projects under such section to assisted living 
or related use and for emergency capital repairs as determined by the 
Secretary: Provided further, That of the amount made available under 
this heading, $20,000,000 shall be available to the Secretary of 
Housing and Urban Development only for making competitive grants to 
private nonprofit organizations and consumer cooperatives for covering 
costs of architectural and engineering work, site control, and other 
planning relating to the development of supportive housing for the 
elderly that is eligible for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
under this heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That not to exceed 
$1,400,000 of the total amount made available under this heading may be 
transferred to the Working Capital Fund: Provided further, That the 
Secretary may waive the provisions of section 202 governing the terms 
and conditions of project rental assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

                     (including transfer of funds)

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013), for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into pursuant to section 811 of such Act, $237,000,000, to 
remain available until September 30, 2011: Provided, That not to exceed 
$600,000 may be transferred to the Working Capital Fund: Provided 
further, That, of the amount provided under this heading $74,745,000 
shall be for amendments or renewal of tenant-based assistance contracts 
entered into prior to fiscal year 2005 (only one amendment authorized 
for any such contract): Provided further, That all tenant-based 
assistance made available under this heading shall continue to remain 
available only to persons with disabilities: Provided further, That the 
Secretary may waive the provisions of section 811 governing the terms 
and conditions of project rental assistance and tenant-based 
assistance, except that the initial contract term for such assistance 
shall not exceed 5 years in duration: Provided further, That amounts 
made available under this heading shall be available for Real Estate 
Assessment Center Inspections and inspection-related activities 
associated with section 811 Capital Advance Projects.

                    other assisted housing programs

                       rental housing assistance

    For amendments to contracts under section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) 
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $27,600,000, to remain available until 
expended.

                              (rescission)

    Of the amounts made available under the heading ``Rent Supplement'' 
in Public Law 98-63 for amendments to contracts under section 101 of 
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and 
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in 
State-aided, non-insured rental housing projects, $27,600,000 are 
rescinded.

                         flexible subsidy fund

                          (transfer of funds)

    From the Rental Housing Assistance Fund, all uncommitted balances 
of excess rental charges as of September 30, 2007, and any collections 
made during fiscal year 2008 and all subsequent fiscal years, shall be 
transferred to the Flexible Subsidy Fund, as authorized by section 
236(g) of the National Housing Act, as amended.

                  manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974, as amended (42 
U.S.C. 5401 et seq.), up to $16,000,000, to remain available until 
expended, to be derived from the Manufactured Housing Fees Trust Fund: 
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under this heading 
from the general fund shall be reduced as such collections are received 
during fiscal year 2008 so as to result in a final fiscal year 2008 
appropriation from the general fund estimated at not more than $0 and 
fees pursuant to such section 620 shall be modified as necessary to 
ensure such a final fiscal year 2008 appropriation: Provided further, 
That for the dispute resolution and installation programs, the 
Secretary of Housing and Urban Development may assess and collect fees 
from any program participant: Provided further, That such collections 
shall be deposited into the Fund, and the Secretary, as provided 
herein, may use such collections, as well as fees collected under 
section 620, for necessary expenses of such Act: Provided further, That 
notwithstanding the requirements of section 620 of such Act, the 
Secretary may carry out responsibilities of the Secretary under such 
Act through the use of approved service providers that are paid 
directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    During fiscal year 2008, commitments to guarantee loans to carry 
out the purposes of section 203(b) of the National Housing Act, as 
amended, shall not exceed a loan principal of $185,000,000,000.
    During fiscal year 2008, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $50,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under the Mutual Mortgage Insurance 
Fund.
    For administrative contract expenses, $77,400,000, of which not to 
exceed $25,550,000 may be transferred to the Working Capital Fund, and 
of which up to $5,000,000 shall be for education and outreach of FHA 
single family loan products: Provided, That to the extent guaranteed 
loan commitments exceed $65,500,000,000 on or before April 1, 2008, an 
additional $1,400 for administrative contract expenses shall be 
available for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000), but in 
no case shall funds made available by this proviso exceed $30,000,000.

                general and special risk program account

                     (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications, as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended, $8,600,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall not exceed $45,000,000,000 in 
total loan principal, any part of which is to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $50,000,000, of which not to exceed 
$30,000,000 shall be for bridge financing in connection with the sale 
of multifamily real properties owned by the Secretary and formerly 
insured under such Act; and of which not to exceed $20,000,000 shall be 
for loans to nonprofit and governmental entities in connection with the 
sale of single-family real properties owned by the Secretary and 
formerly insured under such Act.
    For administrative contract expenses necessary to carry out the 
guaranteed and direct loan programs, $78,111,000, of which not to 
exceed $15,692,000 may be transferred to the Working Capital Fund: 
Provided, That to the extent guaranteed loan commitments exceed 
$8,426,000,000 on or before April 1, 2008, an additional $1,980 for 
administrative contract expenses shall be available for each $1,000,000 
in additional guaranteed loan commitments over $8,426,000,000 
(including a pro rata amount for any increment below $1,000,000), but 
in no case shall funds made available by this proviso exceed 
$14,400,000.
    For discount sales of multifamily real property under sections 
207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 1715z-
11), section 203 of the Housing and Community Development Amendments of 
1978 (12 U.S.C. 1701z-11), or section 204 of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for 
discount loan sales under section 207(k) of the National Housing Act 
(12 U.S.C. 1713(k)), section 203(k) of the Housing and Community 
Development Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section 
204(a) of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Act, 1997 (12 U.S.C. 1715z-
11a(a)), $5,000,000, to remain available until September 30, 2009.

                Government National Mortgage Association

         office of the government national mortgage association

                         salaries and expenses

    For the necessary salaries and expenses of the Office of the 
Government National Mortgage Association, $9,530,000.

guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $200,000,000,000, to remain available until 
September 30, 2009.

                    Policy Development and Research

 office of the assistant secretary for policy development and research

                         salaries and expenses

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Policy Development and Research, $1,570,000.

         policy development and research salaries and expenses

    For necessary salaries and expenses of the Office of Policy 
Development and Research, $19,310,000.

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), 
including carrying out the functions of the Secretary under section 
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $61,440,000, to remain 
available until September 30, 2009: Provided, That of the total amount 
provided under this heading, $5,000,000 shall be for the Partnership 
for Advancing Technology in Housing (PATH) Initiative: Provided 
further, That of the funds made available under this heading, 
$20,600,000 is for grants pursuant to section 107 of the Housing and 
Community Development Act of 1974, as amended, as follows: $3,000,000 
to support Alaska Native serving institutions and Native Hawaiian 
serving institutions as defined under the Higher Education Act, as 
amended; $5,000,000 for tribal colleges and universities to build, 
expand, renovate, and equip their facilities and to expand the role of 
the colleges into the community through the provision of needed 
services such as health programs, job training and economic development 
activities; $9,000,000 for the Historically Black Colleges and 
Universities program, of which up to $2,000,000 may be used for 
technical assistance; and $6,000,000 for the Hispanic Serving 
Institutions Program.

                   Fair Housing and Equal Opportunity

     office of the assistant secretary for fair housing and equal 
                              opportunity

                         salaries and expenses

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Fair Housing and Equal Opportunity, $1,490,000.

        fair housing and equal opportunity salaries and expenses

    For the necessary salaries and expenses of the Office of Fair 
Housing and Equal Opportunity, $69,390,000.

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$52,380,000, to remain available until September 30, 2009, of which 
$25,000,000 shall be to carry out activities pursuant to such section 
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may 
assess and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan: 
Provided further, That of the funds made available under this heading, 
$380,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
english proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

                     Office of 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 authorized 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 
sections 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 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
provisions of law that further the purposes of such Act, a grant under 
the Healthy Homes Initiative, Operation Lead Elimination Action Plan 
(LEAP), or the Lead Technical Studies 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, That of the total amount made available 
under this heading, $48,000,000 shall be made available on a 
competitive basis for areas with the highest lead paint abatement 
needs: Provided further, That each applicant shall submit a detailed 
plan and strategy that demonstrates adequate capacity that is 
acceptable to the Secretary to carry out the proposed use of funds 
pursuant to a Notice of Funding Availability: 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 technology systems, for the continuing 
operation and maintenance of both Department-wide and program-specific 
information systems, and for program-related development activities, 
$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.

                      office of inspector general

                     (including transfer of funds)

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$112,000,000: Provided, That the Inspector 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 Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $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, supervision, and capital oversight of the enterprises (as 
such term is defined in section 1303 of the Federal Housing Enterprises 
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: Provided further, That not to exceed the amount provided 
herein shall be available from the general fund of the Treasury 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 authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2008 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 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 statistical areas that qualify 
        under clause (i) in fiscal year 2008 do not have the number of 
        cases of acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
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 Housing and Urban Development by: (1) 
allocating to the City of Jersey City, New Jersey, the proportion of 
the metropolitan area's or division's amount that is based on the 
number of cases of AIDS reported in the portion of the metropolitan 
area or division that is located in Hudson County, New Jersey, and 
adjusting for the 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; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
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 metropolitan 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 pursuant to title II of 
this Act shall be made on a competitive 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 administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal 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 appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207. Corporations and agencies of the Department 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 limits of funds and borrowing authority 
available to each such corporation or agency and in accordance with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such Act as may 
be necessary in carrying out the programs set forth in the budget for 
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 guaranty 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 improvements 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.
    Sec. 209. The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 210. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 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 Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise 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 Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation 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 metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 211. The Secretary of Housing and Urban Development 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 Development shall 
submit the Department's fiscal year 2009 congressional budget 
justifications to the Committees on Appropriations 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 available under the 
heading ``Housing Certificate Fund'' or renewed under the heading, 
``Tenant-Based Rental Assistance,'' for non-elderly disabled families 
shall, to the extent practicable, continue to be provided to non-
elderly disabled families upon turnover.
    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 required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of 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 related 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 restrictions, associated with one or more multifamily 
housing project to another multifamily housing project or projects.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) the number of low-income and very low-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project or projects;
            (2) the transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable;
            (3) the receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary;
            (4) the owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials;
            (5) the tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate 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;
            (7) if either the transferring project or the receiving 
        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 mortgage lien transferred to, or placed on, 
        such project by the Secretary;
            (8) if the transferring project meets the requirements 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 agreement 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 restrictions;
            (9) any financial risk to the FHA General and Special Risk 
        Insurance Fund, as determined by the Secretary, would be 
        reduced as a result of a transfer completed under this section; 
        and
            (10) the Secretary determines that Federal liability with 
        regard to this project will not be increased.
    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute 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 assistance 
                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;
                    (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 section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act; and,
                    (E) assistance payments made under section 
                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 statutorily required use low-income 
        and very low-income restrictions are to be transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring the project-based 
        assistance, debt and the statutorily required low-income and 
        very low-income use restrictions to the receiving project; and,
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 216. The funds made available for Native Alaskans 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 receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third party liability for such 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 equipment in 
connection with the automated track inspection program.

                   (additional obligation limitation)

                          (highway trust fund)

    For an additional amount of obligation limitation to be distributed 
for the purpose of section 144(e) of title 23, United States Code, 
$1,000,000,000: Provided, That such obligation limitation shall be used 
only for a purpose eligible for obligation with funds apportioned under 
such section and shall be distributed in accordance with the formula in 
such section: Provided further, That in distributing obligation 
authority under this paragraph, the Secretary shall ensure that such 
obligation limitation shall supplement and not supplant each State's 
planned obligations for such purposes.
    Sec. 219. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    (c) Not later than 30 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall issue final 
regulations to carry out the provisions of this section.
    Sec. 220. Notwithstanding any other provision of law, in fiscal 
year 2008, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 and 
other programs that are attached to any dwelling units in the property. 
To the extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily property 
owned or held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, based on 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance payments 
with an owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.
    Sec. 221. The National Housing Act is amended--
            (1) in sections 207(c)(3), 213(b)(2)(B)(i), 
        221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 
        234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i), 
        1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and 
        1715y(e)(3)(B))--
                    (A) by striking ``140 percent'' each place such 
                term appears and inserting ``170 percent''; and
                    (B) by striking ``170 percent in high cost areas'' 
                each place such term appears and inserting ``215 
                percent in high cost areas''; and
            (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. 
        1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that 
        follows through ``project-by-project basis'' and inserting the 
        following: ``206A of this Act) by not to exceed 170 percent in 
        any geographical area where the Secretary finds that cost 
        levels so require and by not to exceed 170 percent, or 215 
        percent in high cost areas, where the Secretary determines it 
        necessary on a project-by-project basis''.
    Sec. 222. Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``2003'' and 
        inserting ``2008''; and
            (2) in subsection (o), by striking ``September 30, 2007'' 
        and inserting ``September 30, 2008''.
    Sec. 223. Public housing agencies that own and operate 500 or fewer 
public housing units may elect to be exempt from any asset management 
requirement imposed by the Secretary of Housing and Urban Development 
in connection with the operating fund rule: Provided, That an agency 
seeking a discontinuance of a reduction of subsidy under the operating 
fund formula shall not be exempt from asset management requirements.
    Sec. 224. With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),(2)).
    Sec. 225. The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on the status of all section 8 project-based housing, 
including the number of all project-based units by region as well as an 
analysis of all federally subsidized housing being refinanced under the 
Mark-to-Market program. The Secretary shall in the report identify all 
existing units maintained by region as section 8 project-based units 
and all project-based units that have opted out of section 8 or have 
otherwise been eliminated as section 8 project-based units. The 
Secretary shall identify in detail and by project all the efforts made 
by the Department to preserve all section 8 project-based housing units 
and all the reasons for any units which opted out or otherwise were 
lost as section 8 project-based units. Such analysis shall include a 
review of the impact of the loss any subsidized units in that housing 
marketplace, such as the impact of cost and the loss of available 
subsidized, low-income housing in areas with scare housing resources 
for low-income families.
    Sec. 226. The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, cost and a substantive rationale for using a 
sole source contract.
    Sec. 227. Section 9(e)(2)(C) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end of the 
following:
                            ``(iv) Existing contracts.--The term of a 
                        contract described in clause (i) that, as of 
                        the date of enactment of this clause, is in 
                        repayment and has a term of not more than 12 
                        years, may be extended to a term of not more 
                        than 20 years to permit additional energy 
                        conservation improvements without requiring the 
                        reprocurement of energy performance 
                        contractors.''.
    Sec. 228. The Secretary of Housing and Urban Development shall 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by making the Alaska Public Housing Agency a Moving-to-Work Agency 
under such section 204.
    Sec. 229. (a) The referenced statement of managers under the 
heading ``Community Development Fund'' in title II of Public Law 108-
447 is deemed to be amended with respect to item number 203 by striking 
``equipment'' and inserting ``renovation and construction''.
    (b) The referenced statement of managers under the heading 
``Community Development Fund'' in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 696 by 
striking ``a Small Business Development Center'' and inserting ``for 
revitalization costs at the College of Agriculture Biotechnology and 
Natural Resources''.
    (c) The referenced statement of managers under the heading 
``Community Development Fund'' in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 460 by 
striking ``Maine-Mawoshen One Country, Two Worlds Project'' and 
inserting ``Sharing Maine's Maritime Heritage Project--Construction and 
access to exhibits''.
    (d) The referenced statement of managers under the heading 
``Community Development Fund'' in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 914 by 
striking ``the Pastime Theatre in Bristol, Rhode Island for building 
improvements'' and inserting ``the Institute for the Study and Practice 
of Nonviolence in Providence, Rhode Island for building renovations''.
    (e) The referenced statement of managers under the heading 
``Community Development Fund'' in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 918 by 
striking ``South Kingstown'' and inserting ``Washington County''.
    (f) The referenced statement of managers under the heading 
``Community Development Fund'' in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 624 by 
striking ``for the construction of a new technology building'' and 
inserting ``for renovations to the Wheeling Community Center''.
    Sec. 230. Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the 
Secretary of Housing and Urban Development may, until September 30, 
2008, insure and enter into commitments to insure mortgages under 
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 231. Notwithstanding any other provision of law, the Secretary 
of Housing and Urban Development may not rescind or take any adverse 
action with respect to the Moving-to-Work program designation for the 
Housing Authority of Baltimore City based on any alleged administrative 
or procedural errors in making such designation.
    Sec. 232. Paragraph (4) of section 102(a) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5302) is amended by adding 
at the end the following new sentence: ``Notwithstanding any other 
provision of this paragraph, with respect to any fiscal year beginning 
after the date of the enactment of this sentence, the cities of Alton 
and Granite City, Illinois, may be considered metropolitan cities for 
purposes of this title.''.
    Sec. 233. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974: Provided, 
That, any State receiving such a guarantee or commitment shall 
distribute all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 234. Not later than 30 days after the date of enactment of 
this Act, the Secretary of Housing and Urban Development shall 
establish and maintain on the homepage of the Internet website of the 
Department of Housing and Urban Development--
            (1) a direct link to the Internet website of the Office of 
        Inspector General of the Department of Housing and Urban 
        Development; and
            (2) a mechanism by which individuals may anonymously report 
        cases of waste, fraud, or abuse with respect to the Department 
        of Housing and Urban Development.
    Sec. 235. Not later than 90 days after the date of enactment of 
this Act, the Secretary of Housing and Urban Development may--
            (1) develop a formal, structured, and written plan that the 
        Department of Housing and Urban Development shall use when 
        monitoring for compliance with the specific relocation 
        restrictions in--
                    (A) the Community Development Block Grant 
                entitlement program; and
                    (B) the Community Development Block Grant State 
                program that receives economic development funds from 
                the Department of Housing and Urban Development; and
            (2) submit such plan to the Committee on Appropriations of 
        both the Senate and the House of Representatives.
    Sec. 236. (a) Required Submissions for Fiscal Years 2007 and 
2008.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary of Housing and Urban 
        Development may submit to the relevant authorizing committees 
        and to the Committees on Appropriations of the Senate and the 
        House of Representatives for fiscal year 2007 and 2008--
                    (A) a complete and accurate accounting of the 
                actual project-based renewal costs for project-based 
                assistance under section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f);
                    (B) revised estimates of the funding needed to 
                fully fund all 12 months of all project-based contracts 
                under such section 8, including project-based contracts 
                that expire in fiscal year 2007 and fiscal year 2008; 
                and
                    (C) all sources of funding that will be used to 
                fully fund all 12 months of the project-based contracts 
                for fiscal years 2007 and 2008.
            (2) Updated information.--At any time after the expiration 
        of the 60-day period described in paragraph (1), the Secretary 
        may submit corrections or updates to the information required 
        under paragraph (1), if upon completion of an audit of the 
        project-based assistance program under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f), such audit 
        reveals additional information that may provide Congress a more 
        complete understanding of the Secretary's implementation of the 
        project-based assistance program under such section 8.
    (b) Required Submissions for Fiscal Year 2009.--As part of the 
Department of Housing and Urban Development's budget request for fiscal 
year 2009, the Secretary of Housing and Urban Development shall submit 
to the relevant authorizing committees and to the Committees on 
Appropriations of the Senate and the House of Representatives complete 
and detailed information, including a project-by-project analysis, that 
verifies that such budget request will fully fund all project-based 
contracts under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) in fiscal year 2009, including expiring project-based 
contracts.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2008''.

                               TITLE III

                          INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $6,150,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $22,322,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$84,500,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments due in fiscal year 2008 only, on an 
obligation incurred in fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,800,000, of 
which $5,000,000 shall be for a multi-family rental housing program.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$2,300,000.
    Title II of the McKinney-Vento Homeless Assistance Act, as amended, 
is amended in section 209 by striking ``2007'' and inserting ``2008''.

                                TITLE IV

                      GENERAL PROVISIONS THIS ACT

                     (including transfers of funds)

    Sec. 401. Such sums as may be necessary for fiscal year 2008 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2008, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the statement of the managers accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations made available for salaries 
and expenses for fiscal year 2008 in this Act, shall remain available 
through September 30, 2009, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 407. All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
31, 2008. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409. No funds in this Act may be used 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: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures 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 
oversight 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 
Office, in consultation with the National Academy of Public 
Administration, organizations representing State and local governments, 
and property rights organizations, shall conduct 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 the 
impact on individual property owners and on the affected communities.
    Sec. 410. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant 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 
hospitalization 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 Personnel 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 sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413. No funds appropriated or otherwise made available under 
this Act shall be made available to any person 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 contractor or grantee certifies in writing to 
the agency awarding 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 assessment 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 appeal.
    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 Transportation of the Senate, and the Committee 
on Transportation and Infrastructure of the House of Representatives, a 
report detailing how the Federal Aviation Administration plans to 
alleviate air congestion and flight delays in the New York/New Jersey/
Philadelphia Airspace by August 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 Administration 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, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2008''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 3074

_______________________________________________________________________

                               AMENDMENT