[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3261 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 878
110th CONGRESS
  2d Session
                                S. 3261

                          [Report No. 110-418]

Making appropriations for the Departments of Transportation and Housing 
and Urban Development, and related agencies for the fiscal year ending 
              September 30, 2009, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2008

    Mrs. Murray, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

Rule___________________________________________________________________

                                 A BILL


 
Making appropriations for the Departments of Transportation and Housing 
and Urban Development, and related agencies for the fiscal year ending 
              September 30, 2009, 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, 2009, 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, $98,500,000, 
of which not to exceed $2,400,000 shall be available for the immediate 
Office of the Secretary; not to exceed $759,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $19,838,000 
shall be available for the Office of the General Counsel; not to exceed 
$9,874,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $10,400,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,400,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $26,000,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,986,000 shall be available for the Office of Public 
Affairs; not to exceed $1,595,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $1,369,000 shall be available 
for the Office of Small and Disadvantaged Business Utilization; not to 
exceed $8,994,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $12,885,000 shall be available 
for the Office of the Chief Information Officer: Provided, That the 
Secretary of Transportation is authorized to transfer funds 
appropriated for any office of the Office of the Secretary to any other 
office of the Office of the Secretary: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 5 percent by all such transfers: Provided further, That notice of 
any change in funding greater than 5 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations: Provided 
further, That not to exceed $60,000 shall be for allocation within the 
Department for official reception and representation expenses as the 
Secretary may determine: Provided further, That notwithstanding any 
other provision of law, excluding fees authorized in Public Law 107-71, 
there may be credited to this appropriation up to $2,500,000 in funds 
received in user fees: Provided further, That none of the funds 
provided in this Act shall be available for the position of Assistant 
Secretary for Public Affairs: Provided further, That of the funds 
provided under this heading, $100,000 shall be provided through 
reimbursement to the Department of Transportation's Office of Inspector 
General to audit the Working Capital Fund's financial statements.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems, and reengineering business 
processes, $5,000,000, to remain available until expended.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,384,000.

           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, $12,750,000.

                          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 , $353,000, 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, $559,000.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,056,000, to remain available until September 
30, 2010: 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 amounts made available under this heading, all unobligated 
balances as of the date of enactment of this provision are hereby 
permanently rescinded.

  administrative provisions--office of the secretary of transportation

    Sec. 101. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 102. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 103. None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 104. The Secretary or her designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.

                    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, 
$9,070,238,000, of which $6,147,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,119,031,000 
shall be available for air traffic organization activities; not to 
exceed $1,162,927,000 shall be available for aviation safety 
activities; not to exceed $14,094,000 shall be available for commercial 
space transportation activities; not to exceed $112,004,000 shall be 
available for financial services activities; not to exceed $96,091,000 
shall be available for human resources program activities; not to 
exceed $336,894,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $180,859,000 shall 
be available for staff offices; and not to exceed $48,338,000 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 the Secretary utilize not 
less than $6,400,000 of the funds provided for aviation safety 
activities to pay for staff increases in the Office of Aviation Flight 
Standards and the Office of Aircraft Certification: Provided further, 
That not later than March 31 of each fiscal year hereafter, the 
Administrator of the Federal Aviation Administration shall transmit to 
Congress an annual update to the report submitted to Congress in 
December 2004 pursuant to section 221 of Public Law 108-176: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 for each day after March 31 that such report has not been 
submitted to the Congress: Provided further, That 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 the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: Provided 
further, That there may be credited to this appropriation funds 
received from States, counties, municipalities, foreign authorities, 
other public authorities, and private sources, for expenses incurred in 
the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $8,500,000 shall be for the contract tower cost-sharing program: 
Provided further, That none of the funds in this Act shall be available 
for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act for aeronautical charting and 
cartography are available for activities conducted by, or coordinated 
through, the Working Capital Fund: Provided further, That none of the 
funds in this Act may be obligated or expended for an employee of the 
Federal Aviation Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service testing, 
including construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading, including aircraft 
for aviation regulation and certification; to be derived from the 
Airport and Airway Trust Fund, $2,749,595,000, of which $2,288,845,000 
shall remain available until September 30, 2011, and of which 
$460,500,000 shall remain available until September 30, 2009: 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 2010 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 2010 through 2014, 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: Provided further, 
That the Secretary of Transportation shall conduct an analysis that 
compares the current status of air traffic management and the national 
airspace system to the planned architecture of the ``next generation'' 
air transportation system: Provided further, That upon initial 
submission to the Congress of the fiscal year 2010 President's budget, 
the Secretary of Transportation shall transmit to the Congress an 
interim architecture for the ``next generation'' air transportation 
system that establishes a list of priority capabilities to be achieved 
by 2017 and provides an estimated cost for each of those priorities.

                 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, $171,000,000, 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, $3,600,000,000 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 
$3,515,000,000 in fiscal year 2009, 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 
$87,454,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, and not less than $19,348,000 shall be for Airport Technology 
Research.

                              (rescission)

    Of the amounts authorized under sections 48103 and 48112 of title 
49, United States Code, $75,000,000 are permanently rescinded from 
amounts authorized for the fiscal year ending September 30, 2009.

       administrative provisions--federal aviation administration

    Sec. 110. None of the funds in this Act may be used to compensate 
in excess of 425 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 2009.
    Sec. 111. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 112. The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113. Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code, 
is amended by striking ``2006,'' each place it appears and inserting 
``2009,''.
    (b) Section 44303(b) of such title is amended by striking ``2006,'' 
and inserting ``2009,''.
    Sec. 115. 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.
    Sec. 116. (a) No funds provided in this Act may be used by the 
Secretary of Transportation to promulgate regulations or take any 
action regarding the scheduling of airline operations at any commercial 
airport in the United States if such regulation or action involves:
            (1) the auctioning by the Secretary or the FAA 
        Administrator of rights or permission to conduct airline 
        operations at such an airport,
            (2) the implementation by said Secretary or Administrator 
        of peak-period or other forms of congestion pricing at such an 
        airport,
            (3) either:
                    (A) withdrawal by the Secretary or Administrator of 
                a right or permission to conduct operations at such an 
                airport (except when the withdrawal is for operational 
                reasons or pursuant to the terms or conditions of such 
                operating right or permission), or
                    (B) requiring a carrier to transfer involuntarily 
                any such right or permission to another person,
            (4) the charging by the Secretary or Administrator of a fee 
        for the right or permission to use navigable airspace at such 
        an airport, or
            (5) requiring or providing incentives or disincentives to 
        airport proprietors to take such actions themselves.
    (b) Nothing in this section shall be construed to:
            (1) prohibit the Secretary or the Administrator from 
        imposing per-operation limitations on airports for the purpose 
        of alleviating congestion at such airports,
            (2) prohibit individual airports from implementing peak-
        period or other congestion pricing at such airports, consistent 
        with regulations pertaining to airport rates and charges, or
            (3) limit the ability of a State, political subdivision of 
        a State, or political authority of at least two States that 
        owns or operates a commercial airport from carrying out its 
        proprietary powers and rights.
    Sec. 117. None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 118. Within 60 days of the publication date of any Government 
Accountability Office report reviewing the Federal Aviation 
Administration's project to redesign the airspace over the New York, 
New Jersey, and Philadelphia region, the Administrator of the Federal 
Aviation Administration shall report in writing to the Committee on 
Appropriations and the Committee on Commerce, Science, and 
Transportation, on actions the agency intends to take in order to 
address any concerns and recommendations identified in the GAO report.

                     Federal Highway Administration

                 limitation on administrative expenses

    Not to exceed $390,000,000, 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: Provided, That of the funds limited under 
this heading, $3,524,000 shall be transferred to the Department of 
Transportation's Office of Inspector General for costs associated with 
audits and investigations of projects and programs of the Federal 
Highway Administration, and $300,000 shall be provided to that office 
through reimbursement to conduct the annual audits of financial 
statements in accordance with section 3521 of title 31, United States 
Code.

                          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 $41,199,970,178 for Federal-aid highways and highway 
safety construction programs for fiscal year 2009: Provided, That 
within the $41,199,970,178 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 2009: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    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, $40,000,000,000 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, $3,150,000,000 are 
permanently rescinded: Provided, That such rescission shall not apply 
to the funds distributed in accordance with sections 130(f) and 
104(b)(5) of title 23, United States Code; sections 133(d)(1) and 163 
of such title, as in effect on the day before the date of enactment of 
Public Law 109-59; and the first sentence of section 133(d)(3)(A) of 
such title: Provided further, That notwithstanding section 1132 of 
Public Law 110-140, in administering the rescission required under this 
heading, the Secretary of Transportation shall allow each State to 
determine the amount of the required rescission to be drawn from the 
programs to which the rescission applies.

                 appalachian development highway system

    For necessary expenses for West Virginia corridor H of the 
Appalachian Development Highway System as authorized under section 
1069(y) of Public Law 102-240, as amended, $10,000,000, to remain 
available until expended.

                      denali access system program

    For necessary expenses for the Denali Access System Program as 
authorized under section 1960 of Public Law 109-59, $6,000,000, to 
remain available until expended.

       administrative provisions--federal highway administration

                        (including rescissions)

    Sec. 120. (a) For fiscal year 2009, 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 of funds under sections 
1103(b), 1104(b), 1105(f), 1105(h), 1106(a), 1106(b), 1107(b), 1108(b), 
and 4008(j) of Public Law 102-240 and section 6023(b) of Public Law 
102-240 (adding paragraph (10)(c) to section 11(b) of the Federal 
Transit Act), $284,000,000 are permanently rescinded.
    Sec. 123. Of the unobligated balances made available under section 
1602 of Public Law 105-178, funds for each project for which less than 
10 percent of the funds made available under that section have been 
obligated are permanently rescinded.
    Sec. 124. Of the amounts made available under section 104(a) of 
title 23, United States Code, $33,401,492 are permanently rescinded.
    Sec. 125. Of the unobligated balances of funds made available in 
fiscal year 2005 and prior fiscal years for the implementation or 
execution of programs for transportation research, training and 
education, and technology deployment including intelligent 
transportation systems, $11,756,527 are permanently rescinded.
    Sec. 126. There is hereby appropriated to the Secretary of 
Transportation $182,695,000 for surface transportation priorities: 
Provided, That the amount provided by this section shall be made 
available for the programs, projects and activities identified under 
this section in the explanatory statement accompanying this Act: 
Provided further, That funds provided by this section, at the request 
of a State, shall be transferred by the Secretary to another Federal 
agency: Provided further, That the Federal share payable on account of 
any program, project, or activity carried out with funds set aside by 
this section shall be 100 percent: Provided further, That the sums set 
aside by this section shall remain available until expended: Provided 
further, That none of the funds set aside by this section shall be 
subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act.
    Sec. 127. Not less than 15 days prior to waiving, under her 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.
    Sec. 128. Upon enactment of this Act, the Secretary of the Treasury 
shall transfer $8,017,355,427 from the general fund of the Treasury to 
the Highway Trust Fund (other than the Mass Transit Account).
    Sec. 129. Notwithstanding any other provision of law, funds made 
available in Public Law 110-161 for ``Bridge over Broadway, Missoula to 
Rattlesnake National Recreation Area, MT'' shall be available for a new 
pedestrian and bicycle-friendly at-grade crossing of East Broadway 
Street in Missoula, Montana.
    Sec. 130. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment of 
        this Act.
    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply 
        to any segment of highway on the Federal-aid system described 
        in that subsection that, as of the date on which a toll is 
        imposed on the segment, will have the same number of non-toll 
        lanes as were in existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
        lane that is converted to a toll lane shall not be subject to 
        this section, and shall not be considered to be a non-toll lane 
        for purposes of determining whether a highway will have fewer 
        non-toll lanes than prior to the date of imposition of the 
        toll, if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the 
                toll lane may use the toll lane without paying a toll, 
                unless otherwise specified by the appropriate county, 
                town, municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan 
                approved by the appropriate county, town, municipal or 
                other local government entity, or public toll road or 
                transit authority.

              Federal Motor Carrier Safety Administration

                      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, $307,000,000, 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 
$307,000,000, for ``Motor Carrier Safety Grants''; of which 
$209,000,000 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 $4,231,228 in unobligated balances are 
rescinded.

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

    For payment of obligations incurred in the implementation, 
execution, and administration of the 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, $234,000,000, 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 $234,000,000, for ``Motor 
Carrier Safety Operations and Programs'', of which $7,974,000, to 
remain available for obligation until September 30, 2011, 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 the 
Federal Motor Carrier Safety Administration shall transmit to Congress 
a report on the last day of every fiscal quarter on the agency's 
ability to meet its requirement to conduct compliance reviews on high-
risk carriers: Provided further, That the amount herein appropriated 
shall be reduced by $100,000 for each day after the submission date 
that such report has not been submitted to the Congress: Provided 
further, That any reduction taken as a result of the previous proviso 
shall come from the Office of the Administrator: Provided further, That 
$4,887,411 in unobligated balances are rescinded.

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $1,390,201 in unobligated balances are rescinded.

                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Act, $14,903,792 in unobligated balances are rescinded.

 administrative provisions--federal motor carrier safety administration

    Sec. 135. 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.
    Sec. 136. None of the funds made available under this Act may be 
used to establish a cross-border motor carrier demonstration program to 
allow Mexico-domiciled motor carriers to operate beyond the commercial 
zones along the international border between the United States and 
Mexico.
    Sec. 137. None of the funds appropriated or otherwise made 
available under this Act may be used, directly or indirectly, to 
establish, implement, continue, promote, or in any way permit a cross-
border motor carrier demonstration program to allow Mexican-domiciled 
motor carriers to operate beyond the commercial zones along the 
international border between the United States and Mexico, including 
continuing, in whole or in part, any such program that was initiated 
prior to the date of the enactment of this Act.

             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, $126,000,000, of 
which $58,578,000 shall remain available until September 30, 2009, and 
of which $66,922,000 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, $105,500,000 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 2009, are in excess of 
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided, 
That within the $105,500,000 obligation limitation for operations and 
research, $68,917,000 shall remain available until September 30, 2010.

                        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 2009, 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, $619,500,000 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 2009, are in excess of 
$619,500,000 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 $235,000,000 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: Provided 
further, That unobligated balances and associated obligational 
authority for such grants may be made available for such grants in 
fiscal year 2010; $34,500,000 shall be for ``State Traffic Safety 
Information System Improvements'' under 23 U.S.C. 408; $139,000,000 
shall be for ``Alcohol-Impaired Driving Countermeasures Incentive Grant 
Program'' under 23 U.S.C. 410; $18,500,000 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; $7,000,000 shall be 
for ``Motorcyclist Safety'' under section 2010 of Public Law 109-59; 
and $7,000,000 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

    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, $1,314,648 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, $534,000 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, $50,000,000 in unobligated balances are rescinded.

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $158,745,000, of which $12,268,890 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
including projects for positive train control, $34,000,000, to remain 
available until expended.

              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, 
$20,000,000, to remain available until expended.

                capital assistance to states--intercity

                         passenger rail service

    To enable the Federal Railroad Administrator to make grants to 
States for the capital costs of improving existing in support of 
intercity passenger rail service and providing new intercity passenger 
rail service, $100,000,000, to remain available until expended: 
Provided, That grants shall be provided to a State only on a 
reimbursable basis: Provided further, That grants cover no more than 50 
percent of the total capital cost of a project selected for funding: 
Provided further, That no more than 10 percent of funds made available 
under this program may be used for planning activities that lead 
directly to the development of a passenger rail corridor investment 
plan consistent with the requirements established by the Administrator: 
Provided further, That no later than 8 months following enactment of 
this Act, the Secretary shall establish and publish criteria for 
project selection, set a deadline for grant applications, and provide a 
schedule for project selection: Provided further, That to be eligible 
for this assistance, States must include intercity passenger rail 
service as an integral part of statewide transportation planning as 
required under section 135 of title 23, United States Code: Provided 
further, That to be eligible for capital assistance the specific 
project must be on the Statewide Transportation Improvement Plan at the 
time of the application to qualify: Provided further, That the 
Secretary give priority to capital and planning applications for 
projects that improve the safety and reliability of intercity passenger 
trains, involve a commitment by freight railroads to an enforceable on-
time performance of passenger trains of 80 percent or greater, involve 
a commitment by freight railroads of financial resources commensurate 
with the benefit expected to their operations, improve or extend 
service on a route that requires little or no Federal assistance for 
its operations, and involve a commitment by States or railroads of 
financial resources to improve the safety of highway/rail grade 
crossings over which the passenger service operates.

       railroad rehabilitation and improvement financing 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 2009.

    operating grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for operation of intercity 
passenger rail, $550,000,000, to remain available until expended: 
Provided, That the Secretary shall withhold such sums as shall be 
necessary for the costs associated with the second retroactive wage 
payment to Amtrak employees and shall transmit such funding to the 
corporation for the sole and exclusive purpose of making such payments 
only at such time as said payments are due: Provided further, That such 
remaining amounts available under this paragraph shall be available for 
the Secretary to 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 3 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 business plan shall be accompanied by a 
comprehensive fleet plan for all Amtrak rolling stock which shall 
address the corporation's detailed plans and timeframes for the 
maintenance, refurbishment, replacement and expansion of the Amtrak 
fleet: Provided further, That said fleet plan shall establish year-
specific goals and milestones and discuss potential and preferred 
financing options for all such activities: 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 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, 
$1,000,000,000, 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 1 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 2009 business plan.

    efficiency incentive grants to the national railroad passenger 
                              corporation

                              (rescission)

    Of the amounts made available under this heading in Public Laws 
109-115 and 110-5, $46,800,000 is rescinded.

       administrative provisions--federal railroad administration

    Sec. 150. Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151. The Federal Railroad Administrator shall submit a 
quarterly report on January 1, 2009, and quarterly reports thereafter, 
to the House and Senate Committees on Appropriations detailing the 
Administrator's efforts at improving the on-time performance of Amtrak 
intercity rail service operating on non-Amtrak owned property. Such 
reports shall compare the most recent actual on-time performance data 
to pre-established on-time performance goals that the Administrator 
shall set for each rail service, identified by route. Such reports 
shall also include whatever other information and data regarding the 
on-time performance of Amtrak trains the Administrator deems to be 
appropriate. The amounts made available in this title under the heading 
``Office of the Secretary, Salaries and Expenses'' shall be reduced 
$100,000 for each day after the first day of each quarter that the 
quarterly reports required by this section are not submitted to the 
Congress.
    Sec. 152. The Secretary may purchase promotional items of nominal 
value for use in public outreach activities to accomplish the purposes 
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe 
guidelines for the administration of such purchases and use.
    Sec. 153. The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.

                     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, $93,000,000: Provided, That of the funds available under 
this heading, not to exceed $1,539,000 shall be available for travel 
and not to exceed $23,322,000 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 
transferred 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)

    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, $8,670,000,000 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 
$8,260,565,000 in fiscal year 2009.

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $63,000,000, to remain available until expended: 
Provided, That $9,300,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $7,000,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code: Provided further, That 
$39,000,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

                       capital investment grants

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,809,250,000, to remain available until expended: 
Provided, That of the funds available under this heading, amounts are 
to be made available as follows:
            AC Transit Bus Rapid Transit Corridor, California, 
        $3,000,000.
            Bellevue-Redmond BRT, Washington, $20,000,000.
            Bus Rapid Transit, Potomac Yard-Crystal City, City of 
        Alexandria and Arlington County, Virginia, $1,000,000.
            Bus Rapid Transit--State Avenue Corridor, Wyandotte County, 
        Kansas, $1,500,000.
            Central Corridor Light Rail Transit Project, Minnesota, 
        $20,000,000.
            Central Link Initial Segment, Seattle, Washington, 
        $28,846,735.
            Central Phoenix/East Valley Light Rail, Arizona, 
        $91,800,000.
            Charlotte Rapid Transit Extension Northeast Corridor, North 
        Carolina, $18,000,000.
            Commuter Rail Improvements, Fitchburg, Massachusetts, 
        $27,000,000.
            CTA Brown Line (Ravenswood), Illinois, $29,474,404.
            CTA Circle Line, Illinois, $8,000,000.
            Dallas Area Rapid Transit Northwest/Southeast Light Rail 
        MOS, Texas, $87,974,716.
            Downtown Orlando East-West Circulator System, Florida, 
        $8,000,000.
            Dulles Corridor Rail Project, Virginia, $30,000,000.
            Honolulu High-Capacity Transit Corridor Project, Hawaii, 
        $20,000,000.
            Houston METRO--Advanced Transit Program/METRO Solutions 
        Phase 2, Texas, $10,000,000.
            Hudson-Bergen Light Rail MOS2, New Jersey, $1,103,860.
            I-69 HOV/BRT, Mississippi, $7,650,000.
            Improvements to the Rosslyn Metro Station, Virginia, 
        $2,000,000.
            Largo Metrorail Extension, Washington, DC, $34,700,000.
            Livermore-Amador Bus Rapid Transit, California, $7,990,000.
            Long Island Rail Road East Side Access, New York, 
        $197,370,000.
            Los Angeles Metro Gold Line Eastside Extension, California, 
        $74,600,000.
            Los Angeles Metro Rapid Bus System Gap Closure, California, 
        $332,620.
            Los Angeles Wilshire Boulevard Bus-Only Lane, California, 
        $10,952,330.
            MARC Commuter Rail Improvements and Rolling Stock, 
        Maryland, $15,000,000.
            Mason Street Corridor Bus Rapid Transit, Colorado, 
        $11,182,000.
            METRA, Illinois, $6,607,000.
            Miami-Dade County Metrorail Orange Line Expansion, Florida, 
        $20,000,000.
            Mid Jordan Light Rail Extension, Utah, $10,000,000.
            Mountain Links BRT, Arizona, $6,238,000.
            Norfolk Light Rail Project, Virginia, $57,055,734.
            North Shore LRT Corridor, Pennsylvania, $670,885.
            Northstar Corridor Rail Project, Minnesota, $71,166,060.
            Pacific Highway South BRT, Washington, $281,520.
            Perris Valley Line Metrolink Extension, California, 
        $50,000,000.
            Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
            Portland Streetcar Loop, Oregon, $50,000,000.
            San Diego Mid-City Rapid, California, $21,650,000.
            San Francisco Third Street Light Rail Transit Project-
        Central Subway, California, $8,000,000.
            Second Avenue Subway--Phase I, New York, $249,927,000.
            South Corridor I225/Portland Mall Light Rail Project, 
        Oregon, $81,600,000.
            South County Commuter Rail, Wickford Junction Station, 
        Rhode Island, $1,345,500.
            South Sacramento Corridor Phase 2 Project, California, 
        $7,000,000.
            Southeast Corridor LRT, Colorado, $1,031,210.
            Stamford Urban Transitway, Connecticut, $5,000,000.
            Trans-Hudson Midtown Corridor, New Jersey, $75,000,000.
            Troost Corridor BRT, Kansas City, Missouri, $125,200.
            University Link LRT Extension, Washington, $100,000,000.
            VRE Rolling Stock, Virginia, $5,000,000.
            Weber County to Salt Lake City Commuter Rail, Utah, 
        $81,600,000.
            West Corridor Light Rail, Colorado, $70,000,000.

       administrative provisions--federal transit administration

    Sec. 160. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161. Notwithstanding any other provision of law, funds made 
available by this Act under ``Federal Transit Administration, Capital 
investment grants'' and bus and bus facilities under ``Federal Transit 
Administration, Formula and bus grants'' for projects specified in this 
Act or identified in reports accompanying this Act not obligated by 
September 30, 2011, 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, 2008, 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. Notwithstanding any other provision of law, in regard to 
the Central Link Initial Segment Project, to the extent that Federal 
funds remain available within the current budget for the project, the 
Secretary shall, immediately upon the date of enactment of this Act, 
amend the Full Funding Grant Agreement for said project to allow 
remaining Federal funds to be used to support completion of the Airport 
Link extension of said project.
    Sec. 165. None of the funds provided or limited under this Act may 
be used to issue a final regulation under section 5309 of title 49, 
United States Code, except that the Federal Transit Administration may 
continue to review comments received on the proposed rule (Docket No. 
FTA-2006-25737).
    Sec. 166. Of the balances available for this fiscal year to carry 
out 49 U.S.C. 5309(b) left to the discretion of the Secretary of 
Transportation, $100,000,000 are permanently rescinded.
    Sec. 167. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair 
facilities: Provided, That not more than $4,000,000 of the funds made 
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City 
and County of Honolulu to operate a passenger ferry boat service 
demonstration project to test the viability of different intra-island 
ferry boat routes and technologies.
    Sec. 168. Notwithstanding any other provision of law, the Secretary 
of Transportation shall not reallocate any funding made available for 
the following projects through previous appropriations Acts for the 
Department of Transportation:
            Baltimore Red Line and Green Line, Maryland.
            Kenosha-Racine-Milwaukee rail extension project, Wisconsin.
            Rhode Island Integrated Rail Project, Rhode Island.
            Schuylkill Valley Metro Project, Pennsylvania.
            Dulles Corridor Rapid Transit, Virginia.
            Billings public bus and medical transfer facility, Montana.
            Brattleboro Multimodal, Vermont.
            Burlington Transit Facilities, Vermont.
            Champaign Day Care Center/Park-n-Ride, Illinois.
            City of Chicago, Free Trolley System, Illinois.
            City of Moultrie Intermodal Facility, Georgia.
            Illinois Statewide buses and facilities, Illinois.
            Renaissance Square, New York.
            Rochester Central Bus Terminal, New York.
            Rochester Renaissance Square Transit Center, New York.
            Rochester Renaissance Square Intermodal Facility, Design 
        and Construction, New York.
            Springfield Union Station, Massachusetts.
    Sec. 169. Notwithstanding any other provision of law, the 
$2,695,000 appropriated for the Charlotte Rapid Transit Extension--
Northeast Corridor Light Rail Project, North Carolina under the 
Alternatives Analysis Account in division K of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) shall be used for the 
Charlotte Rapid Transit Extension--Northeast Corridor to carry out new 
fixed guideway or extension to existing fixed guideway activities 
described in section 5309 of title 49, United States Code.

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the Saint Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $27,000,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $174,000,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $123,560,000, of which $10,500,000 shall remain 
available until expended for maintenance and repair of Schoolships at 
State Maritime Schools, and of which $61,358,000 shall be available for 
operations of and capital improvements at the United States Merchant 
Marine Academy: Provided, That amounts apportioned for the United 
States Merchant Marine Academy shall be available only upon allotments 
made personally by the Secretary of Transportation and not a designee: 
Provided further, That the Superintendent, Deputy Superintendent and 
the Chief Financial Officer of the United States Merchant Marine 
Academy may not be allotment holders for the United States Merchant 
Marine Academy, and the Administrator of Maritime Administration shall 
hold all allotments made by the Secretary of Transportation under the 
previous proviso: Provided further, That 80 percent of the funding made 
available for the United States Merchant Marine Academy under this 
heading shall be available only after the Secretary, in consultation 
with the Maritime Administration, completes a plan detailing by program 
or activity and by object class how such funding will be expended at 
the Academy, and this plan is approved by the House and Senate 
Committees on Appropriations.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$15,000,000, to remain available until expended.

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
3506 of Public Law 109-163 or section 54101 of title 46, United States 
Code, $20,000,000, to remain available until expended: Provided, That 
to be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of 
this Act: Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be available for 
necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized, $13,531,000, of 
which $10,000,000 shall remain available until expended: Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That not to exceed $3,531,000 shall be 
available for administrative expenses to carry out the guaranteed loan 
program, which shall be transferred to and merged with the 
appropriation for ``Operations and Training'', Maritime Administration.

                           ship construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$1,381,802 are rescinded.

           administrative provisions--maritime administration

    Sec. 175. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 176. No obligations shall be incurred during the current 
fiscal year from the construction fund established by the Merchant 
Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess 
of the appropriations and limitations contained in this Act or in any 
prior appropriations Act.
    Sec. 177. Section 51509 of title 46, United States Code, is amended 
in subsection (b) by deleting ``$4,000'' and inserting in lieu thereof 
``$8,000'' and by inserting ``tuition,'' after ``uniforms,''.

         Pipeline and Hazardous Materials Safety Administration

                               operations

                         (pipeline safety fund)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $19,130,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
safety information grants to communities'' as authorized in section 
60130 of title 49, United States Code: Provided further, That grants 
described under the previous proviso shall be awarded within 120 days 
of enactment of this Act.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $28,000,000, of which $1,802,000 shall remain available 
until September 30, 2011: Provided, That up to $800,000 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, 
$93,291,000, of which $18,810,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2011; and of which $74,481,000 shall be derived from the Pipeline 
Safety Fund, of which $40,081,000 shall remain available until 
September 30, 2011: 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, 2010: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2009 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or her designee.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $12,000,000, of which $6,036,000 shall remain available 
until September 30, 2011: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$72,200,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $26,847,000: 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 2009, to 
result in a final appropriation from the general fund estimated at no 
more than $25,597,000.

                           General Provisions

    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. Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be made available for the eligible programs, projects and 
activities of the corresponding amounts identified in the explanatory 
statement accompanying this Act for ``Ferry Boats and Ferry Terminal 
Facilities'', ``Federal Lands'', ``Interstate Maintenance 
Discretionary'', ``Transportation, Community and System Preservation 
Program'', ``Delta Region Transportation Development Program'', ``Rail 
Line Relocation and Improvement Program'', ``Rail-highway crossing 
hazard eliminations'', ``Alternatives analysis'', and ``Bus and bus 
facilities''.
    Sec. 187. 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. 188. 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 $500,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; or (3) any program of the Federal Transit 
Administration other than the formula grants and fixed guideway 
modernization programs: Provided, That the Secretary gives concurrent 
notification to the House and Senate Committees on Appropriations for 
any ``quick release'' of funds from the emergency relief program: 
Provided further, That no notification shall involve funds that are not 
available for obligation.
    Sec. 189. 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. 190. 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. 191. Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 192. (a) None of the funds appropriated or otherwise made 
available under this Act to the Surface Transportation Board of the 
Department of Transportation may be used to take any action to allow 
any activity described in subsection (b) in a case, matter, or 
declaratory order involving a railroad, or an entity claiming or 
seeking authority to operate as a railroad, unless the Board receives 
written assurance from the Governor, or the Governor's designee, of the 
State in which such activity will occur that such railroad or entity 
has agreed to comply with State and local regulations that establish 
public health, safety, and environmental standards for the activities 
described in subsection (b), other than zoning laws or regulations.
    (b) Activities referred to in subsection (a) are activities that 
occur at a solid waste rail transfer facility involving--
            (1) the collection, storage, or transfer of solid waste (as 
        defined in section 1004 of the Solid Waste Disposal Act (42 
        U.S.C. 6903)) outside of original shipping containers; or
            (2) the separation or processing of solid waste (including 
        baling, crushing, compacting, and shredding).
    Sec. 193. None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 194. Of the funds made available or limited by this Act, which 
are not otherwise allocated under this Act or under SAFETEA-LU (Public 
Law 109-59) or necessary to fulfill existing agreements between the 
Department of Transportation and metropolitan areas under the ``Urban 
Partnerships'' and ``Congestion-Reduction Demonstration'' programs, not 
more than 10 percent of such funds for any program that is allocated at 
the discretion of the Secretary may be expended in furtherance of the 
Department of Transportation's ``National Strategy to Reduce Congestion 
on America's Transportation Network'' issued May 2006 by Secretary of 
Transportation, the Honorable Norman Mineta; also known as the 
``Congestion Initiative'' or any other new congestion initiative.
    Sec. 195. Of the funds available for Ferry Boats and Ferry Terminal 
Facilities, $1,000,000 shall be for Missouri River, Route 240, Saline 
and Howard Counties for alternative transportation (including ferryboat 
service) during bridge replacement.
    Sec. 196. Notwithstanding any other provision of law, the State of 
New Mexico may use funds apportioned to the State under section 
104(b)(2) of title 23, United States Code, for the congestion 
mitigation and air quality improvement program under section 149 of 
title 23, United States Code, to support the operation of commuter rail 
service between Belen and Bernalillo, New Mexico.
    Sec. 197. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 598 in 
section 3044(a) of Public Law 109-59 that are unobligated or unexpended 
in a grant shall be made available to OATS, Incorporated for buses and 
bus-related facilities.
    Sec. 198. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 1152 in 
section 1702 of Public Law 109-59 that are unobligated or unexpended 
shall be made available for maintenance, repair and reconstruction of 
the Tucker Bridge in the City of St. Louis, Missouri.
    Sec. 199. The Department of Transportation, including the Federal 
Highway Administration and National Highway Traffic Safety 
Administration, shall conduct a study of the fuel consumption savings 
and safety ramifications generated by the expanded use of Neighborhood 
Electric Vehicles, as defined by Federal Motor Vehicle Safety Standard 
No. 500 (49 CFR 571.500), on roadways with a maximum speed limit of 40 
miles per hour.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                          Executive Direction

    For necessary salaries and expenses for Executive Direction, 
$24,791,000, of which not to exceed $4,047,480 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,681,140 shall be available for the Office of Hearings and 
Appeals; not to exceed $567,240 shall be available for the Office of 
Small and Disadvantaged Business Utilization, not to exceed $750,360 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,580,000 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,828,630 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $2,694,500 shall be for 
the Office of the Assistant Secretary for Public Affairs; not to exceed 
$1,047,000 shall be available for the Office of the Assistant Secretary 
for Administration; not to exceed $1,669,430 shall be available to the 
Office of the Assistant Secretary for Public and Indian Housing; not to 
exceed $1,778,650 shall be available to the Office of the Assistant 
Secretary for Community Planning and Development; not to exceed 
$3,936,000 shall be available to the Office of the Assistant Secretary 
for Housing, Federal Housing Commissioner; not to exceed $1,490,850 
shall be available to the Office of the Assistant Secretary for Policy 
Development and Research; and not to exceed $719,820 shall be available 
to the Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity: Provided, That the Secretary of the Department of Housing 
and Urban Development is authorized to transfer funds appropriated for 
any office funded under this heading to any other office funded under 
this heading following the written notification to the House and Senate 
Committees on Appropriations: 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 prior approval to 
the House and Senate Committees on Appropriations: Provided further, 
That the Secretary shall provide the Committees on Appropriations 
quarterly written notification regarding the status of pending 
congressional reports: Provided further, That not to exceed $25,000 of 
the amount made available under this paragraph for the immediate Office 
of the Secretary shall be available for official reception and 
representation expenses as the Secretary may determine.

               Administration, Operations and Management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$527,433,640, of which not to exceed $75,510,000 shall be available for 
the personnel compensation and benefits of the Office of 
Administration; not to exceed $11,003,940 shall be available for the 
personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $48,817,430 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $13,438,200 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $34,028,820 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Financial Officer; not to exceed $84,837,460 shall be 
available for the personnel compensation and benefits of the Office of 
the General Counsel; not to exceed $3,085,120 shall be available for 
the personnel compensation and benefits of the Office of Departmental 
Equal Employment Opportunity; not to exceed $1,215,280 shall be 
available for the personnel compensation and benefits for the Center 
for Faith-Based and Community Initiatives; and not to exceed 
$255,497,390 shall be available for non-personnel expenses of the 
Department of Housing and Urban Development: Provided, That, funds 
provided under this heading may be used for necessary administrative 
and non-administrative expenses of the Department of Housing and Urban 
Development, not otherwise provided for, including purchase of 
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
hire of passenger motor vehicles; services as authorized by 5 U.S.C. 
3109: Provided further, That notwithstanding any other provision of 
law, funds appropriated under this heading may be used for advertising 
and promotional activities that support the housing mission area: 
Provided further, That the Secretary of Housing and Urban Development 
is authorized to transfer funds appropriated for any office included in 
Administration, Operations and Management to any other office included 
in Administration, Operations and Management only after such transfer 
has been submitted to, and received prior written approval by, the 
House and Senate Committees on Appropriations: Provided further, That 
no appropriation for any office shall be increased or decreased by more 
than 10 percent by all such transfers unless written notification to 
the House and Senate Committees on Appropriations is provided in 
advance.

                  Personnel Compensation and Benefits

                       public and indian housing

    For necessary personnel compensation and benefits expenses of the 
Office of Public and Indian Housing, $190,390,100.

                   community planning and development

    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, $94,233,700.

                                housing

    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $363,198,000.

         office of the government national mortgage association

    For necessary personnel compensation and benefits expenses of the 
Office of the Government National Mortgage Association, $10,000,000.

                    policy development and research

    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $18,070,850.

                   fair housing and equal opportunity

    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $69,020,990.

            office of healthy homes and lead hazard control

    For necessary personnel compensation and benefits expenses of the 
Office of Healthy Homes and Lead Hazard Control, $6,727,950.

                       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, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $16,703,000,000, to remain available until 
expended, of which $12,503,000,000 shall be available on October 1, 
2008, and $4,200,000,000 shall be available on October 1, 2009: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $14,827,000,000 shall be available 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 and any carryover, the 
        Secretary for the calendar year 2009 funding cycle shall 
        provide renewal funding for each public housing agency based on 
        voucher management system (VMS) leasing and cost data for the 
        most recent Federal fiscal year and by applying the 2009 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 
        first-time renewals: Provided further, That none of the funds 
        provided under 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: 
        Provided further, That the Secretary shall, to the extent 
        necessary to stay within the amount specified under this 
        paragraph (except as otherwise modified under this Act), pro 
        rate each public housing agency's allocation otherwise 
        established pursuant to this paragraph: Provided further, That 
        except as provided in the last two provisos, the entire amount 
        specified under this paragraph (except as otherwise modified 
        under this Act) shall be obligated to the public housing 
        agencies based on the allocation and pro rata method described 
        above and the Secretary shall notify public housing agencies of 
        their annual budget not later than 60 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 
        provisos: Provided further, That up to $100,000,000 shall be 
        available only: (1) to adjust the allocations for public 
        housing agencies, after application for an adjustment by a 
        public housing agency that experienced a significant increase, 
        as determined by the Secretary, in renewal costs of tenant-
        based rental assistance resulting from unforeseen circumstances 
        or from portability under section 8(r) of the Act; (2) for 
        adjustments for public housing agencies with voucher leasing 
        rates at the end of the calendar year that exceed the average 
        leasing for the 12-month period used to establish the 
        allocation; and (3) for 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.
            (2) $200,000,000 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 or for project 
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended or under the authority as 
        provided under this Act: Provided, That the Secretary shall 
        provide replacement vouchers for all units that were occupied 
        within the previous 24 months that cease to be available as 
        assisted housing, subject only to the availability of funds.
            (3) up to $7,929,000 may be transferred to the Working 
        Capital Fund for systems development for the Tenant-Based 
        Rental Assistance Program funded under this heading: Provided, 
        That funding provided under this section shall not be made 
        available until the voucher management system leasing and cost 
        data is made available to the public on the Department of 
        Housing and Urban Development website.
            (4) $1,500,000,000 for administrative and other expenses of 
        public housing agencies in administering the section 8 tenant-
        based rental assistance program and which up to $50,000,000 
        shall be available to the Secretary to allocate to public 
        housing agencies that need additional funds to administer their 
        section 8 programs, including fees associated with section 8 
        tenant protection rental assistance, the administration of the 
        disaster related vouchers, Veterans Affairs Supportive Housing 
        vouchers, and other incremental vouchers: Provided, That no 
        less than $1,400,000,000 of the amount provided in this 
        paragraph shall be allocated to public housing agencies for the 
        calendar year 2009 funding cycle based on section 8(q) of the 
        Act (and related Appropriation Act provisions) 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 determined under 
        the previous proviso, the Secretary may decrease the amounts 
        allocated to agencies by a uniform percentage applicable to all 
        agencies receiving funding under this paragraph or may, to the 
        extent necessary to provide full payment of amounts determined 
        under the previous proviso, 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'', and the heading ``Housing Certificate 
        Fund'', for fiscal year 2008 and prior fiscal years, 
        notwithstanding the purposes for which such amounts were 
        appropriated: Provided further, That amounts provided under 
        this paragraph shall be only for activities related to the 
        provision of tenant-based rental assistance authorized under 
        section 8, including related development activities: Provided 
        further, That of the total amount provided under this 
        paragraph, $50,000,000 shall be made available for family self-
        sufficiency coordinators under section 23 of the Act.
            (5) $20,000,000 for incremental voucher assistance through 
        the Family Unification Program: Provided, That the assistance 
        made available under this paragraph shall continue to remain 
        available for family unification upon turnover: Provided 
        further, That the Secretary of Housing and Urban Development 
        shall make such funding available, notwithstanding section 204 
        (competition provision) of this title, to entities with 
        demonstrated experience and resources for supportive services.
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937: Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs: 
        Provided further, That the Secretary of Housing and Urban 
        Development may waive, or specify alternative requirements for 
        (in consultation with the Secretary of the Department of 
        Veterans Affairs), any provision of any statute or regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance: Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon turn-
        over.
            (7) $39,000,000 for Housing Assistance Payments to prevent 
        the involuntary displacement of low-income elderly and disabled 
        families (for disabled families, this applies to any disabled 
        member of the family) displaced by Hurricanes Katrina and Rita 
        after the Disaster Housing Assistance Program (DHAP) ends.

                    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, 
$6,700,000,000, to remain available until expended, shall be available 
on October 1, 2008, and $1,750,200,000, to remain available until 
expended, shall be available on October 1, 2009: Provided, That the 
amounts made available under this heading are provided as follows:
            (1) $8,208,200,000 shall be available 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) Up to $232,000,000 shall be available 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 the administration of: 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) Up to $10,000,000 may be transferred to the Working 
        Capital Fund and shall be used for the development and 
        maintenance of support systems needed to adequately administer 
        and monitor the project-based section 8 program.
            (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'') $2,444,000,000, to remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2009 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 $12,000,000 shall be for carrying out 
activities under section 9(h) of such Act; up to $14,577,000 may be 
transferred to the Working Capital Fund; and up to $15,345,000 shall be 
to support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC): Provided 
further, That no funds may be used under this heading for the purposes 
specified in section 9(k) of the Act: Provided further, That of the 
total amount provided under this heading, not to exceed $20,000,000 
shall be available for the Secretary to make grants, notwithstanding 
section 204 of this Act, to public housing agencies for emergency 
capital needs including safety and security measures necessary to 
address crime and drug-related criminal activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters occurring in fiscal year 2009: Provided further, That of the 
total amount provided under this heading, $40,000,000 shall be for 
supportive services, service coordinators and congregate services as 
authorized by section 34 of the Act (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 2009 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)), $4,400,000,000; 
of which $5,940,000 shall be for competitive grants and contracts to 
third parties for the provision of technical assistance to public 
housing agencies related to the transition and implementation of asset-
based management in public housing: Provided, That, in fiscal year 2009 
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), $100,000,000, to remain available until 
September 30, 2009, of which the Secretary of Housing and Urban 
Development shall use $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

    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.), 
$650,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made available under 
this heading, $4,000,000 shall be contracted for assistance for a 
national organization representing Native American Housing interests 
for providing training and technical assistance to Indian Housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $17,000,000.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to 
remain available until expended: Provided, That of this amount, 
$299,211 shall be for training and technical assistance activities, 
including up to $100,000 for related travel by Hawaii-based HUD 
employees.

           indian housing loan guarantee fund program account

    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), $9,000,000, 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 
$420,000,000: Provided further, That up to $750,000 shall be for 
administrative contract expenses including management processes and 
systems to carry out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

    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.

                   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.), $315,100,000, to remain available until September 30, 
2010, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2011: Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section: Provided 
further, That the Secretary may use not to exceed $1,485,000 of the 
funds under this heading for training, oversight, and technical 
assistance activities: Provided further, That of the total amount made 
available under this heading, not to exceed $1,750,000 may be 
transferred to the Working Capital Fund.

                 rural housing and economic development

    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $30,000,000, to remain 
available until expended, which amount shall be competitively awarded 
by September 1, 2008, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas: Provided, 
That of the total amount made available under this heading, not less 
than $12,000,000 shall be made available to promote economic 
development and entrepreneurship for federally recognized Indian 
Tribes, through activities including the capitalization of revolving 
loan programs and business planning and development, funding is also 
made available for technical assistance to increase capacity through 
training and outreach activities.

                       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, $3,889,465,000, to remain available until September 30, 
2011, unless otherwise specified: Provided, That of the total amount 
provided, $3,593,430,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That of the total amount made 
available under this heading, up to $3,175,000 may be transferred to 
the Working Capital Fund: Provided further, That $5,000,000 is for 
technical assistance as authorized by section 107(b)(4) of such Act: 
Provided further, That $65,000,000 shall be for grants to Indian tribes 
notwithstanding section 106(a)(1) of such Act, of which, 
notwithstanding any other provision of law (including section 305 of 
this Act), up to $3,960,000 may be used for emergencies that constitute 
imminent threats to health and safety.
    Of the amount made available under this heading, $200,574,000 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2006, 2007, 2008 and 2009, 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, $22,286,000 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: 
Provided, That amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
explanatory statement accompanying this Act.
    The referenced statement of managers under this heading in title 
III of division A of Public Law 109-115 is deemed to be amended with 
respect to item number 889 by striking ``Perry County, Pennsylvania to 
develop an industrial park in New Bloomfield'' and inserting ``Perry 
County, Pennsylvania to develop an industrial park in Penn Township/
Duncannon''.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II of division K of Public Law 110-
161 is deemed to be amended by striking: ``Golden Castings Foundry 
Demolition and Site Remediation Project to raze and remediate the site 
of the former Golden Castings Foundry for the demolition and 
environmental remediation costs of the Golden Castings foundry site'' 
and inserting ``To remediate the former site of the Columbus Wood 
Treating Plant in Columbus, Indiana''.

         community development loan guarantees program account

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2010, 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 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                  home investment partnerships program

                     (including transfer of funds)

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,966,640,000, to remain available until September 30, 2011, 
of which $4,200,000 may be transferred to the Working Capital Fund: 
Provided, That up to $15,000,000 shall be available for technical 
assistance: Provided further, That, in prior appropriations Acts for 
Community Housing Development Organizations technical assistance, and 
that still remain available, may be used for HOME technical assistance 
notwithstanding the purposes for which such amounts were appropriated: 
Provided further, That, from amounts appropriated or otherwise made 
available under this heading, $10,000,000 may be made available to 
promote broader participation in homeownership, through the American 
Dream Downpayment Initiative, as such initiative is set forth under 
section 271 of the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12821).

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $66,000,000, to remain available 
until September 30, 2011: Provided, That of the total amount provided 
under this heading, $27,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended: Provided further, That $35,000,000 shall be made available for 
the second, third and fourth capacity building activities authorized 
under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note): Provided further, That $4,000,000 shall be made available to 
carry out capacity building activities as authorized under section 6301 
through 6305 in Public Law 110-246.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the supportive housing program as authorized under subtitle 
C of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing 
Act of 1937, as amended, to assist homeless individuals pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act; and the 
shelter plus care program as authorized under subtitle F of title IV of 
such Act, $1,667,000,000, of which $1,662,000,000 shall remain 
available until September 30, 2011, and of which $5,000,000 shall 
remain available until expended for rehabilitation projects with 10-
year grant terms: Provided, That of the amount provided, $10,000,000 
shall be made available to conduct a demonstration program on the 
prevention of homelessness among the Nation's veterans: Provided 
further, That the Secretary shall work in coordination with the 
Department of Veterans Affairs and the Department of Labor to select a 
limited number of urban and rural sites in which to carry out this 
demonstration: Provided further, That in selecting sites, the Secretary 
shall evaluate the rate of homelessness among veterans in the area, and 
the experience of the grantees in coordinating with Department of 
Veterans Affairs and the Department of Labor to enable veterans to 
access mainstream programs: Provided further, That of the sites 
selected, up to three shall have a high number of service members 
separating from the military and transitioning into civilian life: 
Provided further, That the Secretary shall also select up to four sites 
located in rural areas to evaluate how to effectively serve veterans in 
rural areas, many of whom may have been part of the National Guard, may 
have limited access to the Department of Veterans Affairs medical 
centers, and may have dependent family members: Provided further, That 
funding made available under this demonstration shall be available for 
housing and appropriate services to prevent veterans and their families 
from becoming homeless or reduce the length of time veterans and their 
families are homeless: Provided further, That of the amounts made 
available under this heading, not to exceed $750,000 may be available 
for an evaluation of this demonstration: Provided further, That not 
less than 30 percent of funds made available, excluding amounts 
provided for renewals under the shelter plus care program, shall be 
used for permanent housing for individuals and families: Provided 
further, That all funds awarded for services shall be matched by not 
less than 25 percent in funding by each grantee: Provided further, That 
the Secretary shall renew on an annual basis expiring contracts or 
amendments to contracts funded under the shelter plus care program if 
the program is determined to be needed under the applicable continuum 
of care and meets appropriate program requirements and financial 
standards, as determined by the Secretary: Provided further, That all 
awards of assistance under this heading shall be required to coordinate 
and integrate homeless programs with other mainstream health, social 
services, and employment programs for which homeless populations may be 
eligible, including Medicaid, State Children's Health Insurance 
Program, Temporary Assistance for Needy Families, Food Stamps, and 
services funding through the Mental Health and Substance Abuse Block 
Grant, Workforce Investment Act, and the Welfare-to-Work grant program: 
Provided further, That up to $8,000,000 of the funds appropriated under 
this heading shall be available for the national homeless data analysis 
project and technical assistance: Provided further, That of the total 
amount made available under this heading, not to exceed $2,675,000 may 
be transferred to the Working Capital Fund: Provided further, That 
$3,000,000 of the funds appropriated under this heading shall be used 
to conduct research on homeless issues, including homeless prevention 
and youth homelessness: 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 2009. This 
heading in the Department of Housing and Urban Development 
Appropriations Act, 2008 is amended by inserting the following new 
proviso after the third proviso: ``Provided further, That the Secretary 
may renew grants made under this demonstration program and may treat 
such original grants and any such renewal grants as if these grants 
were made under the supportive housing program:''.

                            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, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $765,000,000, to 
remain available until September 30, 2013, of which up to $661,400,000 
shall be for capital advance and project-based rental assistance 
awards, including up to $15,000,000 for a demonstration program that 
leverages project awards with other sources of development financing, 
such as tax credits, to expand housing assistance provided that such 
project applications shall be reviewed and processed by State housing 
tax credit agencies once the Secretary has made project awards from 
among project applications: Provided, That, of the amount provided 
under this heading, up to $80,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for 
residents of assisted housing projects, and of which up to $25,000,000 
shall be for grants under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q-2) for conversion of eligible projects under such section 
to assisted living or related use and for emergency capital repairs as 
determined by the Secretary: Provided further, That of the amount made 
available under this heading, $20,000,000 shall be available to the 
Secretary of Housing and Urban Development only for making competitive 
grants to private nonprofit organizations and consumer cooperatives for 
covering costs of architectural and engineering work, site control, and 
other planning relating to the development of supportive housing for 
the elderly that is eligible for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
under this heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That up to $2,000,000 
of the total amount made available under this heading shall be for 
technical assistance to improve grant applications and to facilitate 
the development of housing for the elderly under section 202 of the 
Housing Act of 1959, and supportive housing for persons with 
disabilities under section 811 of the Cranston-Gonzales National 
Affordable Housing Act: Provided further, That of the total amount made 
available under this heading, $1,600,000 may be transferred to the 
Working Capital Fund: Provided further, That the Secretary may waive 
the provisions of section 202 governing the terms and conditions of 
project rental assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

                     (including transfer of funds)

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013), for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into pursuant to section 811 of such Act, $250,000,000, to 
remain available until September 30, 2013: Provided, That of the total 
amount made available under this heading, $1,600,000 may be transferred 
to the Working Capital Fund: Provided further, That up to $10,000,000 
shall be for a demonstration program that leverages project awards with 
other sources of development financing, such as tax credit incentives, 
to expand housing assistance provided that such project applications 
shall be reviewed and processed by State housing tax credit agencies 
once the Secretary has made project awards from among project 
applications: Provided further, That, of the amount provided under this 
heading, $87,100,000 shall be for amendments or renewal of tenant-based 
assistance contracts entered into prior to fiscal year 2005 (only one 
amendment authorized for any such contract): Provided further, That all 
tenant-based assistance made available under this heading shall 
continue to remain available only to persons with disabilities: 
Provided further, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance and tenant-based assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration: 
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center Inspections and 
inspection-related activities associated with section 811 Capital 
Advance Projects.

                     housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $65,000,000, to remain available until September 
30, 2010: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management/literacy, 
and such other matters as may be appropriate to assist them in 
improving their housing conditions, meeting their financial needs, and 
fulfilling the responsibilities of tenancy or homeownership; for 
program administration; and for housing counselor training.

                    other assisted housing programs

                       rental housing assistance

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

                            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, $37,600,000 are 
rescinded.

            payment to 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, of 
which $10,600,000 is 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 2009 so as to result 
in a final fiscal year 2009 appropriation from the general fund 
estimated at not more than $5,400,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2009 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 2009, 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 2009, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $50,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under the Mutual Mortgage Insurance 
Fund.
    For administrative contract expenses, $140,000,000, of which not 
less than $70,794,000 may be transferred to the Working Capital Fund 
solely to modernize, improve and maintain technology systems and 
infrastructure for the Federal Housing Administration, and of which up 
to $10,000,000 shall be for education and outreach of FHA single family 
loan products, including printing costs: Provided, That to the extent 
guaranteed loan commitments exceed $65,500,000,000 on or before April 
1, 2009, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $30,000,000.

                general and special risk program account

                     (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications, as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended, $8,600,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall not exceed $45,000,000,000 in 
total loan principal, any part of which is to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $50,000,000, of which not to exceed 
$30,000,000 shall be for bridge financing in connection with the sale 
of multifamily real properties owned by the Secretary and formerly 
insured under such Act; and of which not to exceed $20,000,000 shall be 
for loans to nonprofit and governmental entities in connection with the 
sale of single-family real properties owned by the Secretary and 
formerly insured under such Act.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan programs, $48,871,000, of which at least $47,871,000 
shall be for administrative contracts and up to $1,000,000 shall be for 
consumer education and outreach for FHA loan products: Provided, That 
to the extent guaranteed loan commitments exceed $8,426,000,000 on or 
before April 1, 2009, 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 $14,000,000.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    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, 2010: Provided, That to the extent new guarantees of 
mortgage-backed securities exceed $75,000,000,000 on or before April 1, 
2009, an additional $1,000 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 $14,000,000.

                    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, $59,624,000, to remain available until September 30, 2010: 
Provided, That of the funds made available under this heading, 
$23,000,000 is for grants pursuant to section 107 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5307): Provided further, 
That $2,000,000 shall be available for the Secretary to conduct a 
comprehensive study to be managed by the Office of Policy Development 
and Research, to analyze the administrative costs necessary to carry-
out the tenant-based voucher program: Provided further, That of the 
total amount made available, $5,000,000 shall be made available for the 
Secretary to carryout a national competitive program for advance 
technology for housing construction and building materials to benefit 
the American public and of which up to $2,000,000 may be made available 
for technology directly related to disaster prone areas.

                   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, as amended, 
$56,000,000, to remain available until September 30, 2010, of which 
$29,000,000 shall be to carry out activities pursuant to such section 
561 of which up to $2,000,000 shall be made available to carryout 
authorized activities to protect the public from mortgage rescue scams: 
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess 
and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan: 
Provided further, That of the funds made available under this heading, 
$500,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Healthy Homes and 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, 
$145,000,000, to remain available until September 30, 2010, of which 
not less than $14,600,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning 
lead-based paint poisoning and other housing-related diseases and 
hazards: Provided, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies program 
under this heading or under prior appropriations Acts for such purposes 
under this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, That of the 
total amount made available under this heading, $48,000,000 shall be 
made available on a competitive basis for areas with the highest lead 
paint abatement needs: Provided further, That each recipient of funds 
provided under the second proviso shall make a matching contribution in 
an amount not less than 25 percent: Provided further, That the 
Secretary may waive the matching requirement cited in the preceding 
proviso on a case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this program: Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a notice of funding 
availability: Provided further, That amounts made available under this 
heading in prior appropriations Acts, and that still remain available, 
may be used for any purpose under this heading notwithstanding the 
purpose for which such amounts were appropriated: Provided further, 
That of the total amount made available under this heading, $250,000 
shall be allocated through the Office of Healthy Homes and Lead Hazard 
Control to conduct communications and outreach to potential applicants 
to the Lead Hazard Reduction Demonstration Grant program.

                     Management and Administration

                          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, 
$200,000,000, to remain available until September 30, 2010: 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

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$115,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

             Office of Federal Housing Enterprise Oversight

                         salaries and expenses

    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, $66,600,000, 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, 2009: 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

                    (including rescission of funds)

    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 2009 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 2009 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 2009 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2009 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 2009, 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 2009 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 2009 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, as 
amended (12 U.S.C. 1811-1831).
    Sec. 206. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207. Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, 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 2009 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 2009, the Secretary shall transmit this information to 
the Committees by March 15, 2009 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 2009 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2009 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 2009 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 President's formal budget request for fiscal year 
2010, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 212. A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of Public Housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six 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. 213. (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 some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) The number of low-income and very low-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project or projects.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (c)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary.
            (8) If the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (9) Any financial risk to the FHA General and Special Risk 
        Insurance Fund, as determined by the Secretary, would be 
        reduced as a result of a transfer completed under this section.
            (10) The Secretary determines that Federal liability with 
        regard to this project will not be increased.
    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of 
                the Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act; and
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        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 some or all of the 
        project-based assistance, debt and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 214. 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. 215. No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 216. (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.
    Sec. 217. 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, 
2009, insure and enter into commitments to insure mortgages under 
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 218. Notwithstanding any other provision of law, in fiscal 
year 2009, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 and 
other programs that are attached to any dwelling units in the property. 
To the extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily property 
owned or held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, based on 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance payments 
with an owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.
    Sec. 219. Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``2003'' and 
        inserting ``2009''; and
            (2) in subsection (o), by striking ``September 30, 2007'' 
        and inserting ``September 30, 2009''.
    Sec. 220. Public housing agencies that own and operate 400 or fewer 
public housing units may elect to be exempt from any asset management 
requirement imposed by the Secretary of Housing and Urban Development 
in connection with the operating fund rule: Provided, That an agency 
seeking a discontinuance of a reduction of subsidy under the operating 
fund formula shall not be exempt from asset management requirements.
    Sec. 221. The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole source contract.
    Sec. 222. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974: Provided, 
That, any State receiving such a guarantee or commitment shall 
distribute all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 223. (a) Required Submissions for Fiscal Years 2008 and 
2009.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary of Housing and Urban 
        Development shall submit to the relevant authorizing committees 
        and to the Committees on Appropriations of the Senate and the 
        House of Representatives for fiscal years 2008 and 2009--
                    (A) a complete and accurate accounting of the 
                actual project-based renewal costs for project-based 
                assistance under section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f);
                    (B) revised estimates of the funding needed to 
                fully fund all 12 months of all project-based contracts 
                under such section 8, including project-based contracts 
                that expire in fiscal year 2008 and fiscal year 2009; 
                and
                    (C) all sources of funding that will be used to 
                fully fund all 12 months of the project-based contracts 
                for fiscal years 2008 and 2009.
            (2) Updated information.--At any time after the expiration 
        of the 60-day period described in paragraph (1), the Secretary 
        may submit corrections or updates to the information required 
        under paragraph (1), if upon completion of an audit of the 
        project-based assistance program under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f), such audit 
        reveals additional information that may provide Congress a more 
        complete understanding of the Secretary's implementation of the 
        project-based assistance program under such section 8.
    (b) Required Submissions for Fiscal Year 2010.--As part of the 
Department of Housing and Urban Development's budget request for fiscal 
year 2010, the Secretary of Housing and Urban Development shall submit 
to the relevant authorizing committees and to the Committees on 
Appropriations of the Senate and the House of Representatives complete 
and detailed information, including a project-by-project analysis, that 
verifies that such budget request will fully fund all project-based 
contracts under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) in fiscal year 2010, including expiring project-based 
contracts.
    Sec. 224. No official or employee of the Department of Housing and 
Urban Development 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. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, a trained allotment holder 
shall be designated for each HUD subaccount under the headings 
``Executive Direction'' and ``Administration, Operations, and 
Management'' as well as each account receiving appropriations for 
``personnel compensation and benefits'' within the Department of 
Housing and Urban Development.
    Sec. 225. Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 226. Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental Assistance'' under 
the Department of Housing and Urban Development Appropriations Act, 
2008, $800,000,000 are rescinded from the $4,158,000,000 which are 
available on October 1, 2008. Such amount shall be derived from 
reductions to public housing agencies' calendar year 2009 allocations 
based on amounts in public housing agencies' net restricted assets 
accounts (in accordance with VMS data in calendar year 2008 that is 
verifiable and complete), as determined by the Secretary.
    Sec. 227. Section 683(2) of the Housing and Community Development 
Act of 1992 (42 U.S.C. 13641(2)) is amended--
            (1) in subparagraph (F), by striking ``and'';
            (2) in subparagraph (G) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding a new subparagraph (H) as follows:
                    ``(H) housing that is assisted under section 811 of 
                the Cranston-Gonzalez Affording Housing Act (42 U.S.C. 
                8013).''.
    Sec. 228. The Home Investment Partnerships Act (42 U.S.C. 12721 et 
seq.) is amended--
            (1) in section 233(d)(1) by striking ``20'' and inserting 
        ``40'';
            (2) in section 233(e) by striking ``40'' and inserting 
        ``25'';
            (3) in section 243(b), in the second sentence, by striking 
        ``20'' and inserting ``40''; and
            (4) in section 271(i) by striking ``Act after December 31, 
        2007'' and inserting ``section after December 31, 2011''.
    Sec. 229. The Secretary of the Department of Housing and Urban 
Development (the ``Secretary'') shall for fiscal year 2009 and 
thereafter, notify the public through the Federal Register and other 
means, as determined appropriate, of the issuance of a notice of the 
availability of assistance or notice of funding availability (NOFA) for 
any program or discretionary fund administered by the Secretary that is 
to be competitively awarded. Notwithstanding any other provision of 
law, for fiscal year 2009 and thereafter, the Secretary may make the 
NOFA available only on the Internet at the appropriate government 
website or websites or through other electronic media, as determined by 
the Secretary.
    Sec. 230. Amounts made available under previous appropriations Acts 
for the provision of technical assistance under section 514(f)(3) of 
the Multifamily Assisted Housing Reform and Affordability Act of 1997 
(MAHRA) (42 U.S.C. 1437f note), and which amounts currently remain 
available under such section, may be used to assist eligible 
multifamily housing projects, as defined in section 512(2) of MAHRA, 
notwithstanding section 1303 of Division B of the Emergency 
Supplemental Act, 2002 (Public Law 107-117).
    Sec. 231. Section 203(b)(2) of the National Housing Act (12 U.S.C. 
1709(b)(2)) is amended--
            (1) by inserting ``not to exceed the lesser of'' after ``in 
        an amount'';
            (2) by striking subparagraphs (A) and (B) and inserting the 
        following--
                    ``(A)(i) in the case of a 1-family residence, the 
                median 1-family house price in the area, as determined 
                by the Secretary; and in the case of a 2-, 3-, or 4-
                family residence, the percentage of such median price 
                that bears the same ratio to such median price as the 
                dollar amount limitation in effect under section 
                305(a)(2) of the Federal Home Loan Mortgage Corporation 
                Act (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-family 
                residence, respectively, bears to the dollar amount 
                limitation in effect under such section for a 1-family 
                residence; or
                    ``(ii) the dollar amount limitation determined 
                under such section 305(a)(2) for a residence of the 
                applicable size; except that the dollar amount 
                limitation in effect for any area under this 
                subparagraph may not be less than the greater of--
                            ``(I) the dollar amount limitation in 
                        effect under this section for the area on 
                        October 21, 1998, or
                            ``(II) 65 percent of the dollar limitation 
                        determined under such section 305(a)(2) for a 
                        residence of the applicable size; and
                    ``(B) not to exceed the appraised value of the 
                property, plus any initial service charges, appraisal, 
                inspection and other fees in connection with the 
                mortgage as approved by the Secretary.'';
            (3) in the first undesignated paragraph--
                    (A) by inserting ``or in the case of a geographic 
                region not encompassed within a metropolitan 
                statistical area established by the Office of 
                Management and Budget, such other geographic region as 
                determined by the Secretary'' after ``Office of 
                Management and Budget'';
                    (B) by striking the second sentence (defining the 
                term ``average closing cost''); and
                    (C) by striking the last undesignated paragraph.
    Sec. 232. Prepayment of Debt and Rehabilitation Funding. (a) 
Section 811(a) of the American Homeownership and Economic Opportunity 
Act of 2000 is amended by inserting after ``Cranston-Gonzalez National 
Housing Act),'' the following: ``for which the Secretary's consent to 
prepayment is required,''.
    (b)(1) Subsection (a)(1) of such Act is amended by inserting 
``project-based'' after both ``original loan agreement or any'' and 
after ``1937 (or any other''; and
    (2) Subsection (a)(1) of such Act is further amended by striking 
everything after ``(12 U.S.C. 1701s))'' and inserting in lieu thereof 
``any successor project-based rental assistance program, relating to 
the project, except that if, such project-based rental assistance is no 
longer available to the project as a result of insufficient amounts of 
appropriated funds for such purpose, or is no longer available on terms 
that would provide the project with income equivalent to the project-
based rental assistance, the project-based rental assistance contract 
shall be deemed terminated, including all obligations and restrictions 
thereunder, and the project owner may charge tenants rent sufficient 
for the project owner to meet debt service payments and operating cost 
requirements approved by the Secretary. Such contract termination shall 
be an eligibility event for purposes of section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(t)) and the tenants of such 
project shall be eligible for enhanced vouchers in accordance with such 
section; and''.
    (3)(A) Subsection (a)(2) of such Act is amended by striking ``a 
lower interest rate'' through ``to such loan'' and inserting a new 
paragraph as follows:
                    ``(A) a lower interest rate on the principal of the 
                loan for the project and in reductions in debt service 
                related to such loan, or''; and
    (B) Subsection (a)(2) of such Act is amended by adding new 
subparagraph (B) as follows:
                    ``(B) a transaction in which the project owner will 
                address the physical needs of the project. Any approved 
                funding must meet a cost benefit analysis, as 
                established by the Secretary, that the benefit of the 
                transaction outweighs the cost of the transaction.''.
    Sec. 233. Use of Surplus Federal Property for the Homeless. No 
property identified by the Secretary of Housing and Urban Development 
as surplus Federal property for use to assist the homeless shall be 
made available to any homeless group unless the group is a member in 
good standing under any of HUD's homeless assistance programs or is in 
good standing with any other program which receives funds from any 
other Federal or State agency or entity: Provided, That an exception 
may be made for an entity not involved with Federal homeless programs 
to use surplus Federal property for the homeless only after the 
Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless: Provided further, That the Secretary shall not 
require the agency to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated 
fundraising ability or commitments for in-kind donations of goods and 
services: Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless.
    Sec. 234. Notwithstanding provisions of the United States Housing 
Act of 1937 (Public Law 93-383), funding provided under the headings 
``Tenant-Based Rental Assistance'' and ``Public Housing Capital Fund'' 
provided in Public Law 109-115 and Public Law 110-5 in order to assist 
public housing agencies located within the most heavily impacted areas 
of Louisiana and Mississippi that are subject to a declaration by the 
President of a major disaster under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 
connection with Hurricane Katrina or Rita, shall remain available in 
fiscal year 2009 for a public housing agency to combine assistance 
provided under sections 9(d) and (e) of the United States Housing Act 
of 1937 and assistance provided under section 8(o) of such Act, for the 
purpose of facilitating the prompt, flexible and efficient use of funds 
provided under these sections of the Act to assist families who were 
receiving housing assistance under the Act immediately prior to 
Hurricane Katrina or Rita and were displaced from their housing by the 
hurricanes.
    Sec. 235. The Secretary of Housing and Urban Development shall 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by adding to the program three Public Housing Agencies that meet 
the following requirements: is a High Performing Agency under the 
Public Housing Assessment System (PHAS) and is a HOPE VI agency. No PHA 
shall be granted this designation through this section that administers 
in excess of 5,000 aggregate housing vouchers and public housing units. 
No PHA granted this designation through this section shall receive more 
funding than they otherwise would have received absent this 
designation.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2009''.

                               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, $6,550,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $23,949,000: 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) 
$91,000,000, 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 2009 only, on an 
obligation incurred in fiscal year 2001 for a capital lease: Provided, 
That of the funds provided, up to $100,000 shall be provided through 
reimbursement to the Department of Transportation's Office of Inspector 
General to audit NTSB's financial statements.

                              (rescission)

    Of the available unobligated balances made available under this 
heading in Public Law 106-246, $671,275 are rescinded.

                 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), $131,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program: 
Provided, That of the amounts made available under this heading, 
$6,000,000 shall be made available to conduct a consumer mortgage 
public education campaign: Provided further, That funding amounts 
provided under the previous proviso shall be available for campaign 
development, production, and outreach activities.
    For an additional amount, $25,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC''), 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures 
        primarily in the subprime housing market to help eliminate the 
        default and foreclosure of mortgages of owner-occupied single-
        family homes that are at risk of such foreclosure. Other than 
        areas with high rates of defaults and foreclosures, grants may 
        also be provided to approved counseling intermediaries based on 
        a geographic analysis of the Nation by the NRC which determines 
        where there is a prevalence of subprime mortgages that are 
        risky and likely to fail, including any trends for mortgages 
        that are likely to default and face foreclosure. A State 
        Housing Finance Agency may also be eligible where the State 
        Housing Finance Agency meets all the requirements under this 
        paragraph. A HUD-approved counseling intermediary shall meet 
        certain mortgage foreclosure mitigation assistance counseling 
        requirements, as determined by the NRC, and shall be approved 
        by HUD or the NRC as meeting these requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $5,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 4 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall report bi-annually to the House and 
        Senate Committees on Appropriations as well as the Senate 
        Banking Committee and House Financial Services Committee on its 
        efforts to mitigate mortgage default. Such reports shall 
        identify successful strategies and methods for preserving 
        homeownership and the long-term affordability of at-risk 
        mortgages and shall include recommended efforts that will or 
        likely can assist in the success of this program as well as an 
        analysis of any policy and procedures that failed to result in 
        successful mortgage foreclosure mitigation. The report shall 
        include an analysis of the details and use of any post 
        mitigation counseling of assisted borrowers designed to ensure 
        the continued long-term affordability of the mortgages which 
        were the subject of the mortgage foreclosure mitigation 
        assistance.

           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, 
$2,660,000: Provided, That no funds may be used to pay the salaries and 
benefits of any employee of the United States Interagency Council on 
Homelessness that spends more than 20 days outside of the United States 
while not on annual leave.
    Title II of the McKinney-Vento Homeless Assistance Act, as amended, 
is amended in section 209 by striking ``2008'' and inserting ``2012''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401. Such sums as may be necessary for fiscal year 2009 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 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2009 from appropriations made available for salaries 
and expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 407. All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
31, 2008. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409. No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2009''.
                                                       Calendar No. 878

110th CONGRESS

  2d Session

                                S. 3261

                          [Report No. 110-418]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Departments of Transportation and Housing 
and Urban Development, and related agencies for the fiscal year ending 
              September 30, 2009, and for other purposes.

_______________________________________________________________________

                             July 14, 2008

                 Read twice and placed on the calendar