[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3074 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3074

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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, $90,678,000, 
of which not to exceed $2,305,000 shall be available for the immediate 
Office of the Secretary; not to exceed $724,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,753,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,100,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,903,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,382,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $23,568,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,984,000 shall be available for the Office of Public 
Affairs; not to exceed $1,498,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $1,314,000 shall be available 
for the Office of Small and Disadvantaged Business Utilization; not to 
exceed $2,737,000 for the Office of Intelligence and Security; not to 
exceed $12,273,000 shall be available for the Office of the Chief 
Information Officer; and not to exceed $5,137,000 shall be available 
for the Office of Emergency Transportation: 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, $8,515,000.

                          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, $523,000.

                       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 cancelled.

  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, 
$8,716,606,000, of which $6,317,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $6,958,413,000 
shall be available for air traffic organization activities; not to 
exceed $1,076,103,000 shall be available for aviation safety 
activities; not to exceed $12,549,000 shall be available for commercial 
space transportation activities; not to exceed $100,593,000 shall be 
available for financial services activities; not to exceed $89,101,000 
shall be available for human resources program activities; not to 
exceed $286,848,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $162,349,000 shall 
be available for staff offices; and not to exceed $38,650,000 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 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 funds 
may be used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation safety 
standards: Provided further, That none of the funds in this Act shall 
be available for new applicants for the second career training 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; to be derived from 
the Airport and Airway Trust Fund, $2,515,000,000, of which 
$2,055,027,000 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, $140,000,000, 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 
$3,600,000,000 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, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.

                              (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. Notwithstanding any other provision of law, airports may 
transfer without consideration to the Federal Aviation Administration 
(FAA) instrument landing systems (along with associated approach 
lighting equipment and runway visual range equipment) which conform to 
FAA design and performance specifications, the purchase of which was 
assisted by a Federal airport-aid program, airport development aid 
program or airport improvement program grant: Provided, That the 
Federal Aviation Administration shall accept such equipment, which 
shall thereafter be operated and maintained by FAA in accordance with 
agency criteria.
    Sec. 111. 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. 112. 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. 113. 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. 114. 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. 115. (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. 116. None of the funds appropriated or limited by this Act may 
be used to change weight restrictions or prior permission rules at 
Teterboro airport in Teterboro, New Jersey.

                     Federal Highway Administration

                 limitation on administrative expenses

    Not to exceed $384,556,000, 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 funds authorized pursuant to section 110 of 
title 23, United States Code, for the motor carrier safety grant 
program, and the obligation limitation associated with such funds 
provided under this heading, shall be transferred to the Federal Motor 
Carrier Safety Administration: 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)

    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, $3,000,000,000 are 
rescinded: Provided, That such rescission shall be distributed within 
each State, as defined in section 101 of such title, among all programs 
for which funds are apportioned under such chapter for such fiscal 
year, to the extent sufficient funds remain available for obligation, 
in the ratio that the amount of funds apportioned for each program 
under such chapter for such fiscal year, bears to the amount of funds 
apportioned for all such programs under such chapter for such fiscal 
year: Provided further, That funds set aside under sections 133(d)(2) 
and 133(d)(3) of such title shall be treated as being apportioned under 
chapter 1 of such title for the purposes of this provision.

       administrative provisions--federal highway administration

                        (including rescissions)

    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; 
        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 
        section 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.
    Sec. 122. Of the unobligated balances made available under sections 
1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of Public Law 102-
240, $1,292,287.73 are rescinded.
    Sec. 123. Of the unobligated balances made available under section 
1602 of Public Law 105-178, $6,138,880.54 are rescinded.
    Sec. 124. 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, $162,253,000 are rescinded.
    Sec. 125. Of the amounts made available under section 104(a) of 
title 23, United States Code, $43,358,601 are rescinded.
    Sec. 126. Of the unobligated balances made available under title 5 
of Public Law 109-59, for the implementation or execution of programs 
for transportation research, $172,242,964 are rescinded.
    Sec. 127. Of the amounts made available for ``Highway Related 
Safety Grants'' by section 402 of title 23, United States Code, and 
administered by the Federal Highway Administration, $11,314 in 
unobligated balances are rescinded.
    Sec. 128. Of the unobligated balances made available under Public 
Law 101-516, Public Law 102-143, Public Law 103-331, Public Law 106-
346, Public Law 107-87, and Public Law 108-7, $4,753,687.26 are 
rescinded.
    Sec. 129. Funds authorized under section 110 of title 23, United 
States Code, for fiscal year 2008 shall be distributed in accordance 
with the distribution set forth in section 110(b)(4) (A) and (B) of 
such title, except that before such allocations are made, $219,250,000 
shall be set aside for the Transportation, Community, and System 
Preservation Program under section 1117 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109-59; 119 Stat. at 1177-1179) and administered in 
accordance with section 1117(g)(2) of such Act.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

    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, $228,000,000, 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 
$228,000,000, for ``Motor Carrier Safety Operations and Programs'', of 
which $10,296,000, 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: Provided further, That $3,469,553 in unobligated balances are 
rescinded.

                      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 subtitle C of title X 
of Public Law 109-59, chapter 301 of title 49, United States Code, and 
part C of subtitle VI of title 49, United States Code, $125,000,000, 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 expended: 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, $148,472,000, of which $12,268,890 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$33,250,000, to remain available until expended.

            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.

              rail line relocation and improvement program

    For necessary expenses of carrying out section 20154 of title 49, 
United States Code, as authorized by section 9002 of Public Law 109-59, 
$35,000,000.

    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, $475,000,000 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: Provided further, That none of 
the funds provided in this Act may be used after March 1, 2006, to 
support any route on which Amtrak offers a discounted fare of more than 
50 percent off the normal, peak fare: Provided further, That the 
preceding proviso does not apply to routes where the operating loss as 
a result of the discount is covered by a State and the State 
participates in the setting of fares: Provided further, That of the 
amounts made available under this heading not less than $18,500,000 
shall be available for the Amtrak Office of Inspector General.

  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, 
$925,000,000 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.

                 intercity passenger rail grant program

    To enable the Secretary to make grants to States in support of 
intercity passenger rail, $50,000,000 as authorized by section 26101 of 
title 49, United States Code, to remain available until expended: 
Provided, That States may apply to the Federal Railroad Administration 
for grants up to 50 percent of the cost of planning and capital 
investments necessary to support improved intercity passenger rail 
service that either requires no operating subsidy or for which the 
State or States agree to provide any needed operating subsidy: Provided 
further, That priority shall be given to planning and infrastructure 
improvement projects that improve the safety, reliability and schedule 
of intercity passenger trains, reduce congestion on the host freight 
railroads, involve a commitment by freight railroads to an enforceable 
on-time performance of passenger trains of 80 percent or greater, 
involve a commitment by States of financial resources to improve the 
safety of highway/rail grade crossings over which the passenger service 
operates, and that protect and enhance the environment, promote energy 
conservation, and improve quality of life: 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 23 U.S.C. 135: Provided further, That the specific 
project must be on the Statewide Transportation Improvement Plan at the 
time of the application to qualify.

       administrative provision--federal railroad administration

    Sec. 150. 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.

                     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, $92,500,000: Provided, That of the funds available under 
this heading, not to exceed $1,504,000 shall be available for travel 
and not to exceed $20,719,000 shall be available for the central 
account: 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 $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, $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, $1,700,000,000, to remain available until expended 
of which $200,000,000 is for section 5309(e): Provided, That 
$17,760,000 in unobligated balances are rescinded.

       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. During fiscal year 2008, each Federal Transit 
Administration grant for a project that involves the acquisition or 
rehabilitation of a bus to be used in public transportation shall be 
funded for 100 percent of the net capital costs of a factory-installed 
or retrofitted hybrid electric propulsion system and any equipment 
related to such a system: Provided, That the Secretary shall have the 
discretion to determine, through practicable administrative procedures, 
the costs attributable to the system and related-equipment.
    Sec. 165. In addition to amounts otherwise made available in this 
Act, to enable the Secretary of Transportation to make grants to carry 
out 49 U.S.C. 5308 of Public Law 109-59, $26,000,000, to remain 
available until expended.
    Sec. 166. The second sentence of section 321 of the Department of 
Transportation and Related Agencies Appropriations Act, 1986 (99 Stat. 
1287) is repealed.

             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 accordance 
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 United States-
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, $118,646,000, 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 
$14,139,000 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, 
$17,000,000, to remain available until expended.

                maritime guaranteed loan program account

                     (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $3,408,000, 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, 
$3,526,000 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 therefore 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 section 53716 of 
title 46, United States Code, 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, $28,899,000, of which $1,829,000 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, 
$78,875,000, 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 $60,065,000 shall be derived from the Pipeline Safety 
Fund, of which $32,683,000 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 his 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 (5 U.S.C. App. 
3), $66,400,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act (5 U.S.C. App. 3), to investigate allegations of 
fraud, including false statements to the government under 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, $26,495,000: 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 $25,245,000.

            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 other than 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. Funds provided in Public Law 102-143 in the item relating 
to ``Highway Bypass Demonstration Project'' shall be available for the 
improvement of Route 101 in the vicinity of Prunedale, Monterey County, 
California.
    Sec. 191. Funds provided under section 378 of the Department of 
Transportation and Related Agencies Appropriations Act, 2001 (Public 
Law 106-346, 114 Stat. 1356, 1356A-41), for the reconstruction of 
School Road East in Marlboro Township, New Jersey, shall be available 
for the Spring Valley Road Project in Marlboro Township, New Jersey.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2008''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     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 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise provided 
for, $16,330,000,000, to remain available until expended, of which 
$12,137,000,000 shall be available on October 1, 2007, and 
$4,193,000,000 shall be available on October 1, 2008: Provided, That 
the amounts made available under this heading are provided as follows:
            (1) $14,744,506,000 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 of Housing and 
        Urban Development for the calendar year 2008 funding cycle 
        shall provide renewal funding for each public housing agency 
        based on the amount public housing agencies received in 
        calendar year 2007, by applying the 2008 Annual Adjustment 
        Factor as established by the Secretary, and by making any 
        necessary adjustments for the costs associated with deposits to 
        Family Self-Sufficiency Program escrow accounts or 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 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 budgets not later than 45 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: Provided further, That up to $75,000,000 shall be 
        available for additional rental subsidy due to unforeseen 
        exigencies as determined by the Secretary and for the one-time 
        funding of housing assistance payments resulting from the 
        portability provisions of the housing choice voucher program: 
        Provided further, That none of the funds provided in this 
        paragraph 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.
            (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 
        additional section 8 tenant protection rental assistance costs 
        may be funded in 2008 by utilizing 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 ``Housing Certificate Fund'', 
        and the heading ``Project-Based Rental Assistance'', for fiscal 
        year 2007 and prior years; Provided further, That not more than 
        $12,000,000 may be used for section 8 assistance to cover the 
        cost of judgments and settlement agreements.
            (3) $48,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act.
            (4) $30,000,000 for incremental vouchers under section 8 of 
        the Act for nonelderly disabled families affected by the 
        designation of a public housing development under section 7 of 
        the Act, the establishment of preferences in accordance with 
        section 651 of the Housing and Community Development Act of 
        1992 (42 U.S.C. 13611), or the restriction of occupancy to 
        elderly families in accordance with section 658 of such Act (42 
        U.S.C. 13618), and to the extent the Secretary determines that 
        such amount is not needed to fund applications for such 
        affected families, for other nonelderly disabled families, of 
        which remaining amount such amount as is necessary shall be 
        made available to provide 1,000 vouchers for rental assistance 
        for homeless veterans in accordance with section 
        8(o)(19)(B)(ii) of the Act: Provided, That incremental vouchers 
        made available under this paragraph for nonelderly disabled 
        families or for homeless veterans shall, to the extent 
        practicable, continue to be provided to such families or 
        veterans, respectively, upon turnover.
            (5) $6,494,000 shall be transferred to the Working Capital 
        Fund.
            (6) $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 public housing 
        agencies that voluntarily consolidate, and of 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 for 
        fees associated with section 8 tenant protection rental 
        assistance: Provided, That not less than $1,351,000,000 of the 
        amount provided in this paragraph shall be allocated for the 
        calendar year 2008 funding cycle to public housing agencies on 
        a basis 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: 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 of the Act, including related 
        development activities.

                        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, $1,300,000,000 is rescinded, to be 
effected by the Secretary of Housing and Urban Development 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 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$6,479,810,000, to remain available until expended: Provided, That the 
amounts made available under this heading are provided as follows:
            (1) Up to $6,239,122,000 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 
        (42 U.S.C. 11401), 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 less than $238,728,000 but not to exceed 
        $286,230,000 for performance-based contract administrators for 
        section 8 project-based assistance: Provided, That the 
        Secretary of Housing and Urban Development 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 (12 U.S.C. 1701q); project 
        rental assistance contracts for supportive housing for persons 
        with disabilities under section 811(d)(2) of the Cranston-
        Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013(d)(2)); 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) $1,960,000 shall be transferred to the Working Capital 
        Fund.
            (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 (42 U.S.C. 
1437g) (the ``Act'') $2,438,964,000, to remain available until 
September 30, 2011: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2008 the Secretary of Housing 
and Urban Development 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 $10,890,000 shall be for carrying out 
activities under section 9(h) of such Act; up to $10,000,000 shall 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 Act: Provided further, That of the 
total amount provided under this heading, up to $17,000,000 shall be 
available for the Secretary to make grants, notwithstanding section 204 
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, $38,000,000 shall be for 
supportive services, service coordinators and congregate services as 
authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4101 et seq.): 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.

                     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 (42 U.S.C. 1437g(e)), $4,200,000,000 
(reduced by $20,000,000) (increased by $20,000,000): 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.

     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 (42 U.S.C. 1437v) $120,000,000, to remain available until 
September 30, 2008, of which the Secretary of Housing and Urban 
Development may use up to $2,400,000 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.), 
$626,965,000, 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 of 
Housing and Urban Development shall apply the formula under section 302 
of such Act (25 U.S.C. 4152) 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, $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 (25 U.S.C. 4191 et 
seq.): 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 (2 U.S.C. 661a): 
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: Provided further, That 
for administrative expenses to carry out the guaranteed loan program, 
up to $148,500 from amounts in the third proviso, which shall be 
transferred to and merged with the appropriation for ``Salaries and 
Expenses''.

                  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. 4221 et seq.), $8,727,000, to 
remain available until expended, of which $299,211 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: 
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.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, up to $247,500 from amounts in the first 
paragraph, which shall be transferred to and merged with the 
appropriation for ``Salaries and Expenses''.

      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: 
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.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, up to $34,650 from amounts in the first 
paragraph, which shall be transferred to and merged with the 
appropriation for ``Salaries and Expenses''.

                   Community Planning and Development

              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 of Housing and Urban Development 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 up to 
$1,485,000 of the funds under this heading for training, oversight, and 
technical assistance activities; and $1,485,000 shall 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, $16,830,000, 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, $4,180,000,000, to remain available until September 30, 
2010, unless otherwise specified: Provided, That of the amount 
provided, $3,929,300,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974 (the ``Act'') (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 $1,584,000 shall be transferred 
to the Working Capital Fund: 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 205 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, $160,000,000 shall 
be available for grants for the Economic Development Initiative 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, $20,000,000 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.
    The referenced statement of managers under this heading in title II 
of division I of Public Law 108-447 is deemed to be amended with 
respect to item number 194 by striking ``for costs associated with 
replacing the roof on the historic Luckey, Platt Building'' and 
inserting ``for building stabilization measures at the historic Hoffman 
House''.
    The statement of managers correction referenced in the second 
paragraph under this heading in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 846 by 
striking ``Mahonoy City, Pennsylvania for improvements to West Market 
Street'' and inserting ``Mahanoy City, Pennsylvania for improvements to 
Centre Street''.
    The statement of managers correction referenced in the second 
paragraph under this heading in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 250 by 
striking ``for renovation and construction of a resource center'' and 
inserting ``for construction of a homeless shelter''.
    The statement of managers correction referenced in the second 
paragraph under this heading in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 713 by 
striking ``for construction of a senior center'' and inserting 
``renovation and expansion of facilities''.
    The statement of managers correction referenced in the second 
paragraph under this heading in title III of division A of Public Law 
109-115 is deemed to be amended with respect to item number 844 by 
striking ``Liverpool Township'' and inserting ``Liverpool Borough''.
    The referenced statement of managers under this heading in title II 
of division I of Public Law 108-447 is deemed to be amended with 
respect to item number 36 by striking ``respite care facility'' and 
inserting ``rehabilitative care facility for the developmentally 
disabled''.
    The referenced statement of managers under this heading in title II 
of division I of Public Law 108-447 is deemed to be amended with 
respect to item number 608 by striking ``construct'' and inserting 
``purchase and make improvements to facilities for''.
    The referenced statement of managers under this heading in title II 
of division I of Public Law 108-447 is deemed to be amended with 
respect to item number 521 by striking ``Missouri'' and inserting 
``Metropolitan Statistical Area''.

         community development loan guarantees program account

                     (including transfer of funds)

    For the cost of guaranteed loans, $2,970,000, to remain available 
until September 30, 2009, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308): 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 
$137,500,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, $743,000 shall be transferred to and merged 
with the appropriation for ``Salaries and Expenses''.

                       brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974 (42 
U.S.C. 5308(q)), for Brownfields redevelopment projects, $9,900,000, 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 (42 
U.S.C. 12721 et seq.), $1,757,250,000 (increased by $6,760,000), to 
remain available until September 30, 2010, of which $990,000 shall be 
transferred to the Working Capital Fund: Provided, That up to 
$9,900,000 shall be available for technical assistance: Provided 
further, That of the total amount provided in this paragraph, up to 
$41,580,000 (increased by $6,760,000) shall be available for housing 
counseling under section 106 of the Housing and Urban Development Act 
of 1968 (12 U.S.C. 1701x).

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
$59,700,000, to remain available until September 30, 2010: Provided, 
That of the total amount provided in this heading $27,710,000 shall be 
made available to the Self Help Homeownership Opportunity Program as 
authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996 (42 U.S.C. 12805 note), of which up to $990,000 
is for technical assistance, and: Provided further, That $31,000,000 
shall be made available for capacity building, for Community 
Development and affordable Housing for the Local Initiatives Support 
Corporation and the Enterprise Foundation for activities authorized by 
section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 
as in effect immediately before June 12, 1997.

                       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; 
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, 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, 
$1,560,990,000, of which $1,540,990,000 shall remain available until 
September 30, 2010, and of which $20,000,000 shall remain available 
until expended: Provided, 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: Provided 
further, That all funds awarded for services shall be matched by 25 
percent in funding by each grantee: Provided further, That the 
Secretary of Housing and Urban Development 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 $2,475,000 of the funds appropriated under this 
heading shall 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

                        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 (12 U.S.C. 1701(q)), 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, $734,580,000, 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 $59,400,000 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 of Housing and Urban Development: Provided further, That of 
the amount made available under this heading, $20,000,000 shall be 
available to the Secretary 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: 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 $1,980,000 of the total amount 
made available under this heading shall 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, $236,610,000 to 
remain available until September 30, 2011: Provided, That $990,000 
shall 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 of 
Housing and Urban Development 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(f)(2)) in State-aided, 
non-insured rental housing projects, $27,600,000, to remain available 
until expended.

                            rent supplement

                              (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 is 
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.

                  manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (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 (12 
U.S.C. 1709), 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 expenses necessary to carry out the guaranteed 
and direct loan program, $351,450,000, of which not to exceed 
$347,490,000 shall be transferred to the appropriation for ``Salaries 
and Expenses''; and not to exceed $3,960,000 shall be transferred to 
the appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses, $77,400,000, of which $25,550,000 
shall 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, 
$8,712,000, 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 of Housing and 
Urban Development 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.
    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, $229,086,000, of which 
$209,286,000 shall be transferred to the appropriation for ``Salaries 
and Expenses''; and of which $19,800,000 shall be transferred to the 
appropriation for ``Office of Inspector General''.
    In addition, for administrative contract expenses necessary to 
carry out the guaranteed and direct loan programs, $78,111,000, of 
which $15,692,000 shall 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.

                Government National Mortgage Association

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.
    For administrative expenses necessary to carry out the guaranteed 
mortgage-backed securities program, $10,700,000, to be derived from the 
GNMA guarantees of mortgage-backed securities guaranteed loan receipt 
account, of which not to exceed $10,700,000, shall be transferred to 
the appropriation for ``Salaries and Expenses''.

                    Policy Development and Research

                        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 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $58,087,000, 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 Initiative: Provided further, That of the funds made available 
under this heading, $22,394,000 is for grants pursuant to section 107 
of the Housing and Community Development Act of 1974 (42 U.S.C. 5307): 
Provided further, That activities for the Partnership for Advancing 
Technology in Housing Initiative shall be administered by the Office of 
Policy Development and Research.

                   Fair Housing and Equal Opportunity

                        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, $45,540,000, to 
remain available until September 30, 2009, of which $20,180,000 shall 
be to carry out activities pursuant to such section 561: Provided, That 
notwithstanding 31 U.S.C. 3302, the Secretary of Housing and Urban 
Development 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.

                     Office of Lead Hazard Control

                         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 
(42 U.S.C. 4852), $130,000,000, to remain available until September 30, 
2009, of which $8,712,000 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, 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 (42 U.S.C. 3547): 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, as identified by the Secretary of 
Housing and Urban Development as having: (1) the highest number of 
occupied pre-1940 units of rental housing; and (2) a disproportionately 
high number of documented cases of lead-poisoned children: Provided 
further, That each grantee receiving funds under the previous proviso 
shall target those privately owned units and multifamily buildings that 
are occupied by low-income families as defined under section 3(b)(2) of 
the United States Housing Act of 1937: Provided further, That not less 
than 90 percent of the funds made available under this paragraph shall 
be used exclusively for abatement, inspections, risk assessments, 
temporary relocations and interim control of lead-based hazards as 
defined by 42 U.S.C. 4851: Provided further, That each recipient of 
funds provided under the first proviso shall make a matching 
contribution in an amount not less than 25 percent: 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.

                     Management and Administration

                         salaries and expenses

                     (including transfer of funds)

    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 therefore, as 
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; 
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for 
official reception and representation expenses, $1,211,379,650, of 
which $556,776,000 shall be provided from the various funds of the 
Federal Housing Administration, $10,700,000 shall be provided from 
funds of the Government National Mortgage Association, $743,000 shall 
be from the ``Community Development Loan Guarantee Program'' account, 
$148,500 shall be provided by transfer from the ``Native American 
Housing Block Grants'' account, $247,500 shall be provided by transfer 
from the ``Indian Housing Loan Guarantee Fund Program'' account, and 
$34,650 shall be transferred from the ``Native Hawaiian housing loan 
guarantee fund'' account: Provided, That no official or employee of the 
Department shall be designated as an allotment holder unless the Office 
of the Chief Financial Officer has determined that such allotment 
holder has implemented an adequate system of funds control and has 
received training in funds control procedures and directives: Provided 
further, That the Chief Financial Officer shall establish positive 
control of and maintain adequate systems of accounting for 
appropriations and other available funds as required by 31 U.S.C. 1514: 
Provided further, That for purposes of funds control and determining 
whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 
1341 et seq.), the point of obligation shall be the executed agreement 
or contract, except with respect to insurance and guarantee programs, 
certain types of salaries and expenses funding, and incremental funding 
that is authorized under an executed agreement or contract, and shall 
be designated in the approved funds control plan: Provided further, 
That the Chief Financial Officer shall: (1) appoint qualified personnel 
to conduct investigations of potential or actual violations; (2) 
establish minimum training requirements and other qualifications for 
personnel that may be appointed to conduct investigations; (3) 
establish guidelines and timeframes for the conduct and completion of 
investigations; (4) prescribe the content, format and other 
requirements for the submission of final reports on violations; and (5) 
prescribe such additional policies and procedures as may be required 
for conducting investigations of, and administering, processing, and 
reporting on, potential and actual violations of the Anti-Deficiency 
Act and all other statutes and regulations governing the obligation and 
expenditure of funds made available in this or any other Act: Provided 
further, That up to $15,000,000 may be transferred to the Working 
Capital Fund: Provided further, That the Secretary shall fill 7 out of 
10 vacancies at the GS-14 and GS-15 levels until the total number of 
GS-14 and GS-15 positions in the Department has been reduced from the 
number of GS-14 and GS-15 positions on the date of enactment of Public 
Law 106-377 by 2\1/2\ percent.

                          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, 
$125,000,000, 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 expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $113,760,000 (reduced 
by $6,760,000), of which $23,760,000 shall be provided from the various 
funds of the Federal Housing Administration: 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 3-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 (42 U.S.C. 3545).
    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 (12 U.S.C. 
1811 et seq.).
    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, 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 the Secretary of Housing and Urban Development 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, the Secretary 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 (``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 in 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 in 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 of Housing and Urban Development may authorize the 
transfer of project-based assistance, debt and statutorily required 
low-income and very low-income use restrictions, associated with one 
multifamily housing project to another multifamily housing project.
    (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;
            (2) the transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable;
            (3) the receiving project 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 
        shall not be required to vacate their units in the transferring 
        project 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 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 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;
                    (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) 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'' means the multifamily 
        housing project 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 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. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to develop or impose 
policies or procedures, including an account structure, that subjects 
the Government National Mortgage Association to the requirements of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). This section 
shall not be construed to exempt that entity from credit subsidy 
budgeting or from budget presentation requirements previously adopted.
    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 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. 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. (a) During fiscal year 2008, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 223. Notwithstanding any other provision of law, the recipient 
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q-2) after December 26, 2000, in accordance with the unnumbered 
paragraph at the end of section 202(b) of such Act, may, at its option, 
establish a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private nonprofit 
organization described in section 831 of the American Homeownership and 
Economic Opportunity Act of 2000.
    Sec. 224. The Secretary of Housing and Urban Development shall give 
priority consideration to applications from the housing authorities of 
the Counties of San Bernardino and Santa Clara and the City of San 
Jose, California to participate in the Moving to Work Demonstration 
Agreement under section 204, title V, of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134, April 
26, 1996): Provided, That upon turnover, existing requirements on the 
reissuance of section 8 vouchers shall be maintained to ensure that not 
less than 75 percent of all vouchers shall be made available to 
extremely low-income families.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2008''.

                               TITLE III

                            RELATED 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 (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 therefore, as authorized by 5 U.S.C. 5901-
5902, $22,072,000: 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) 
$85,000,000, 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, 
$2,000,000.
    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 House and Senate 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 House and Senate 
Committees on Appropriations 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. None of the funds made available in this Act may be used 
to enter into a contract with an entity that does not participate in 
the basic pilot program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note).
    Sec. 410. None of the funds made available under this Act may be 
used to establish or implement a cross-border motor carrier 
demonstration or pilot project or program to allow Mexico-domiciled 
motor carriers to operate beyond the commercial zones on the United 
States-Mexico border.
    Sec. 411. None of the funds made available in this Act may be used 
to take any action to issue a final rule or notice based on, or 
otherwise implement, all or any part of the proposed rule of the 
Department of Housing and Urban Development published on Friday, May 
11, 2007, on page 27048 of volume 72 of the Federal Register (Docket 
No. FR-5087-P-01), relating to standards for mortgagor's investment in 
mortgaged property.
    Sec. 412. None of the funds made available in this Act may be used 
by the Federal Aviation Administration (FAA) to eliminate, consolidate, 
de-consolidate, co-locate, execute inter-facility reorganization, or 
plan for the consolidation/deconsolidation, inter-facility 
reorganization, or co-location of any FAA air traffic control facility 
or service, with the exception of the reversal of the transfer of the 
radar functions from the Palm Springs Terminal Radar Approach Control 
(TRACON) to the Southern California TRACON.
    Sec. 413. None of the funds made available in this Act may be used 
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR'' 
or ``Federal Energy Management Program'' designation.
    Sec. 414. None of the funds made available under this Act may be 
used to establish or collect tolls on Interstate 80 in the Commonwealth 
of Pennsylvania.
    Sec. 415. None of the funds made available in this Act may be used 
by the Department of Transportation to promulgate regulations based on 
race, ethnicity, or sex.
    Sec. 416. None of the funds made available in this Act may be used 
to provide homeownership assistance for applicants described in 
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)).
    Sec. 417. None of the funds in this Act may be used to employ 
workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 418. The amount otherwise provided in this Act for ``Grants-
in-Aid for Airports'' administered by the Federal Aviation 
Administration of the Department of Transportation is hereby reduced by 
$10,000,000 and increased by $10,000,000.
    Sec. 419. None of the funds made available in this Act may be used 
in violation of section 8 of the National Labor Relations Act of 1935, 
with respect to workers on federally-funded transportation projects.
    Sec. 420. None of the funds made available under this Act may be 
used to participate in a working group pursuant to the Security and 
Prosperity Partnership.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2008''.

            Passed the House of Representatives July 24, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3074

_______________________________________________________________________

                                 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.