[Congressional Record Volume 153, Number 133 (Monday, September 10, 2007)]
[Senate]
[Pages S11332-S11351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2790. Mrs. MURRAY (for herself and Mr. Bond) proposed an amendment 
to the bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Transportation and Housing and Urban Development, and 
     Related Agencies for the fiscal year ending September 30, 
     2008, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $95,197,000, of which not to exceed $2,314,274 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $736,833 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $18,719,099 shall be 
     available for the Office of the General Counsel; not to 
     exceed $11,874,050 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $10,416,963 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,384,312 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $24,007,990 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $1,987,803 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,534,557 shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,334,596 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $8,299,072 for the Office of Intelligence, 
     Security, and Emergency Response; and not to exceed 
     $11,587,000 shall be available for the Office of the Chief 
     Information Officer: Provided, That the Secretary of 
     Transportation is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary: Provided further, That 
     no appropriation for any office shall be increased or 
     decreased by more than 5 percent by all such transfers: 
     Provided further, That notice of any change in funding 
     greater than 5 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations: Provided 
     further, That not to exceed $60,000 shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine: 
     Provided further, That notwithstanding any other provision of 
     law, excluding fees authorized in Public Law 107-71, there 
     may be credited to this appropriation up to $2,500,000 in 
     funds received in user fees: Provided further, That none of 
     the funds provided in this Act shall be available for the 
     position of Assistant Secretary for Public Affairs.


                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $9,140,900.


           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $14,115,000.


                          Working Capital Fund

       Necessary expenses for operating costs and capital outlays 
     of the Working Capital Fund, not to exceed $128,094,000, 
     shall be paid from appropriations made available to the 
     Department of Transportation: Provided, That such services 
     shall be provided on a competitive basis to entities within 
     the Department of Transportation: Provided further, That the 
     above limitation on operating expenses shall not apply to 
     non-DOT entities: Provided further, That no funds 
     appropriated in this Act to an agency of the Department shall 
     be transferred to the Working Capital Fund without the 
     approval of the agency modal administrator: Provided further, 
     That no assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.


               Minority Business Resource Center Program

       For the cost of guaranteed loans, $370,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $521,000.


                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $2,970,000, to remain available until 
     September 30, 2009: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

                     (including transfer of funds)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, $60,000,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended: Provided, That, in determining between or among 
     carriers competing to provide service to a community, the 
     Secretary may consider the relative subsidy requirements of 
     the carriers: Provided further, That, if the funds under this 
     heading are insufficient to meet the costs of the essential 
     air service program in the current fiscal year, the Secretary 
     shall transfer such sums as may be necessary to carry out the 
     essential air service program from any available amounts 
     appropriated to or directly administered by the Office of the 
     Secretary for such fiscal year.

                     compensation for air carriers


                              (rescission)

       Of the remaining unobligated balances under section 
     101(a)(2) of Public Law 107-42, $22,000,000 are rescinded.


  Administrative Provisions--Office of the Secretary of Transportation

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

                    Federal Aviation Administration


                               Operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts

[[Page S11333]]

     made available by Public Law 108-176, $8,761,783,000, of 
     which $6,400,580,000 shall be derived from the Airport and 
     Airway Trust Fund, of which not to exceed $6,964,813,000 
     shall be available for air traffic organization activities; 
     not to exceed $1,092,103,000 shall be available for aviation 
     safety activities; not to exceed $12,837,437 shall be 
     available for commercial space transportation activities; not 
     to exceed $103,848,661 shall be available for financial 
     services activities; not to exceed $91,214,239 shall be 
     available for human resources program activities; not to 
     exceed $290,872,359 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $166,541,633 shall be available for staff offices; and 
     not to exceed $39,552,285 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary utilize not less than 
     $20,000,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That none of the funds 
     provided for increases to the staffs of the aviation flight 
     standards and aircraft certification offices shall be used 
     for other purposes: Provided further, That not later than 
     March 31 of each fiscal year hereafter, the Administrator of 
     the Federal Aviation Administration shall transmit to 
     Congress an annual update to the report submitted to Congress 
     in December 2004 pursuant to section 221 of Public Law 108-
     176: Provided further, That the amount herein appropriated 
     shall be reduced by $100,000 for each day after March 31 that 
     such report has not been submitted to the Congress: Provided 
     further, That not later than March 31 of each fiscal year 
     hereafter, the Administrator shall transmit to Congress a 
     companion report that describes a comprehensive strategy for 
     staffing, hiring, and training flight standards and aircraft 
     certification staff in a format similar to the one utilized 
     for the controller staffing plan, including stated attrition 
     estimates and numerical hiring goals by fiscal year: Provided 
     further, That the amount herein appropriated shall be reduced 
     by $100,000 per day for each day after March 31 that such 
     report has not been submitted to Congress: Provided further, 
     That none of the funds in this Act shall be available for the 
     Federal Aviation Administration to finalize or implement any 
     regulation that would promulgate new aviation user fees not 
     specifically authorized by law after the date of the 
     enactment of this Act: Provided further, That there may be 
     credited to this appropriation funds received from States, 
     counties, municipalities, foreign authorities, other public 
     authorities, and private sources, for expenses incurred in 
     the provision of agency services, including receipts for the 
     maintenance and operation of air navigation facilities, and 
     for issuance, renewal or modification of certificates, 
     including airman, aircraft, and repair station certificates, 
     or for tests related thereto, or for processing major repair 
     or alteration forms: Provided further, That of the funds 
     appropriated under this heading, not less than $8,500,000 
     shall be for the contract tower cost-sharing program: 
     Provided further, That none of the funds in this Act shall be 
     available for paying premium pay under 5 U.S.C. 5546(a) to 
     any Federal Aviation Administration employee unless such 
     employee actually performed work during the time 
     corresponding to such premium pay: Provided further, That 
     none of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Working Capital Fund: Provided 
     further, That none of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.


                        Facilities and Equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of air 
     navigation and experimental facilities and equipment, as 
     authorized under part A of subtitle VII of title 49, United 
     States Code, including initial acquisition of necessary sites 
     by lease or grant; engineering and service testing, including 
     construction of test facilities and acquisition of necessary 
     sites by lease or grant; construction and furnishing of 
     quarters and related accommodations for officers and 
     employees of the Federal Aviation Administration stationed at 
     remote localities where such accommodations are not 
     available; and the purchase, lease, or transfer of aircraft 
     from funds available under this heading, including aircraft 
     for aviation regulation and certification; to be derived from 
     the Airport and Airway Trust Fund, $2,516,920,000, of which 
     $2,056,947,000 shall remain available until September 30, 
     2010, and of which $459,973,000 shall remain available until 
     September 30, 2008: Provided, That there may be credited to 
     this appropriation funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, for expenses incurred in the establishment and 
     modernization of air navigation facilities: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2009 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the Federal Aviation Administration which 
     includes funding for each budget line item for fiscal years 
     2009 through 2013, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget.


                 Research, Engineering, and Development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $148,800,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2010: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.


                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $4,399,000,000 to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,514,500,000 in fiscal year 2008, 
     notwithstanding section 47117(g) of title 49, United States 
     Code: Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems: Provided further, That 
     notwithstanding any other provision of law, of funds limited 
     under this heading, not more than $80,676,000 shall be 
     obligated for administration, not less than $10,000,000 shall 
     be available for the airport cooperative research program, 
     not less than $18,712,000 shall be for Airport Technology 
     Research and $10,000,000 shall be available and transferred 
     to the account available to administer the small community 
     air service development program, to remain available until 
     expended.


                              (rescission)

       Of the amounts authorized for the fiscal year ending 
     September 30, 2007, and prior years under sections 48103 and 
     48112 of title 49, United States Code, $185,500,000 are 
     rescinded.


       Administrative Provisions--Federal Aviation Administration

       Sec. 110. None of the funds in this Act may be used to 
     compensate in excess of 375 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2008.
       Sec. 111. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112. The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303: Provided, That during fiscal year 2008, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.
       Sec. 113. Amounts collected under section 40113(e) of title 
     49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114. (a) Section 44302(f)(1) of title 49, United 
     States Code, is amended by striking

[[Page S11334]]

     ``2006,'' each place it appears and inserting ``2008,''.
       (b) Section 44303(b) of such title is amended by striking 
     ``2006,'' and inserting ``2008,''.
       (c) Section 44310 of such title is amended by striking 
     ``March 30, 2008'' and inserting ``December 31, 2008''.
       Sec. 115. (a) In General.--A pilot who has attained 60 
     years of age may serve as a pilot of an aircraft operated by 
     an air carrier engaged in operations under part 121 of title 
     14, Code of Federal Regulations, until attaining 65 years of 
     age only if the pilot serves--
       (1) as a required pilot in multi-crew aircraft operations; 
     and
       (2) with another pilot serving as a required pilot in such 
     multi-crew aircraft operations who has not yet attained 60 
     years of age.
       (b) Sunset of Age-60 Rule.--
       (1) In general.--Section 121.383(c) of title 14, Code of 
     Federal Regulations shall have no further force or effect.
       (2) Regulations.--Not later than 30 days after paragraph 
     (1) takes effect, the Secretary of Transportation shall take 
     such action as may be necessary to implement paragraph (1) 
     and to modify the regulations relating to pilot privileges by 
     reason of age.
       (c) Applicability.--The provisions of subsection (a) shall 
     not provide a basis for a claim of seniority under any labor 
     agreement in effect between a recognized bargaining unit for 
     pilots and an air carrier engaged in operations under part 
     121 of title 14, Code of Federal Regulations, that is made by 
     a person who was a pilot and who attained 60 years of age 
     before this section takes effect and is seeking a position as 
     a pilot with such air carrier following that person's 
     termination or cessation of employment or promotion or 
     transfer to another position with such air carrier pursuant 
     to section 121.383(c) of title 14, Code of Federal 
     Regulations, as in effect on the day before the effective 
     date of this section.
       (d) GAO Report After Modification of Age-60 Standard.--Not 
     later than 24 months after the effective date described in 
     subsection (e), the Comptroller General of the United States 
     shall report to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure concerning the effect on 
     aviation safety, if any, of the modification of the age 
     standard contained in subsection (a).
       (e) Effective Date.--This section shall take effect 30 days 
     after the date of the enactment of this Act.

                     Federal Highway Administration


                 limitation on administrative expenses

       Not to exceed $377,556,000, together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be paid in accordance with law from 
     appropriations made available by this Act to the Federal 
     Highway Administration for necessary expenses for 
     administration and operation.


                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

                     (including transfer of funds)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $40,216,051,359 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2008: Provided, That within the $40,216,051,359 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $429,800,000 
     shall be available for the implementation or execution of 
     programs for transportation research (chapter 5 of title 23, 
     United States Code; sections 111, 5505, and 5506 of title 49, 
     United States Code; and title 5 of Public Law 109-59) for 
     fiscal year 2008: Provided further, That this limitation on 
     transportation research programs shall not apply to any 
     authority previously made available for obligation: Provided 
     further, That the Secretary may, as authorized by section 
     605(b) of title 23, United States Code, collect and spend 
     fees to cover the costs of services of expert firms, 
     including counsel, in the field of municipal and project 
     finance to assist in the underwriting and servicing of 
     Federal credit instruments and all or a portion of the costs 
     to the Federal government of servicing such credit 
     instruments: Provided further, That such fees are available 
     until expended to pay for such costs: Provided further, That 
     such amounts are in addition to administrative expenses that 
     are also available for such purpose, and are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses under section 608 of title 23, United States Code.


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for carrying 
     out the provisions of title 23, United States Code, that are 
     attributable to Federal-aid highways, not otherwise provided, 
     including reimbursement for sums expended pursuant to the 
     provisions of 23 U.S.C. 308, $40,955,051,359 or so much 
     thereof as may be available in and derived from the Highway 
     Trust Fund (other than the Mass Transit Account), to remain 
     available until expended.


                              (RESCISSION)

                          (HIGHWAY TRUST FUND)

       Of the unobligated balances of funds apportioned to each 
     State under chapter 1 of title 23, United States Code, 
     $2,890,000,000 are rescinded: Provided, That such rescission 
     shall not apply to the funds distributed in accordance with 
     sections 130(f) and 104(b)(5) of title 23, United States 
     Code; sections 133(d)(1) and 163 of such title, as in effect 
     on the day before the date of enactment of Public Law 109-59; 
     and the first sentence of section 133(d)(3)(A) of such title.


                 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

       For necessary expenses for West Virginia corridor H of the 
     Appalachian Development Highway System as authorized under 
     section 1069(y) of Public Law 102-240, as amended, 
     $20,000,000, to remain available until expended.


           DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM

       For necessary expenses for the Delta Regional 
     Transportation Development Program as authorized under 
     section 1308 of Public Law 109-59, $20,000,000, to remain 
     available until expended.


       Administrative Provisions--Federal Highway Administration

       Sec. 120. (a) For fiscal year 2008, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; amounts designated under section 124; and the Bureau 
     of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and 144(g) of title 23, United States Code; 
     and section 14501 of title 40, United States Code, so that 
     the amount of obligation authority available for each of such 
     sections is equal to the amount determined by multiplying the 
     ratio determined under paragraph (3) by the sums authorized 
     to be appropriated for that section for the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation

[[Page S11335]]

     Assistance Act of 1982; (5) under subsections (b) and (c) of 
     section 149 of the Surface Transportation and Uniform 
     Relocation Assistance Act of 1987; (6) under sections 1103 
     through 1108 of the Intermodal Surface Transportation 
     Efficiency Act of 1991; (7) under section 157 of title 23, 
     United States Code, as in effect on the day before the date 
     of the enactment of the Transportation Equity Act for the 
     21st Century; (8) under section 105 of title 23, United 
     States Code, as in effect for fiscal years 1998 through 2004, 
     but only in an amount equal to $639,000,000 for each of those 
     fiscal years; (9) for Federal-aid highway programs for which 
     obligation authority was made available under the 
     Transportation Equity Act for the 21st Century or subsequent 
     public laws for multiple years or to remain available until 
     used, but only to the extent that the obligation authority 
     has not lapsed or been used; (10) under section 105 of title 
     23, United States Code, but only in an amount equal to 
     $639,000,000 for each of fiscal years 2005 through 2008; and 
     (11) under section 1603 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, to 
     the extent that funds obligated in accordance with that 
     section were not subject to a limitation on obligations at 
     the time at which the funds were initially made available for 
     obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--
       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users may be obligated for any other project in such section 
     in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.


                              (rescission)

       Sec. 122. Of the amounts made available under section 
     104(a) of title 23, United States Code, $43,358,601 are 
     rescinded.


                              (rescission)

       Sec. 123. Of the unobligated balances made available under 
     section 188(a)(1) of title 23, United States Code, as in 
     effect on the day before the date of enactment of Public Law 
     109-59, and under section 608(a)(1) of such title, 
     $187,146,000 are rescinded.
       Sec. 124. Notwithstanding any other provision of law, funds 
     authorized under section 110 of title 23, United States Code, 
     for fiscal year 2008 shall be designated for projects and 
     competitive initiatives as listed in the report accompanying 
     this Act.
       Sec. 125. Not less than 15 days prior to waiving, under her 
     statutory authority, any Buy America requirement for Federal-
     aid highway projects, the Secretary of Transportation shall 
     make an informal public notice and comment opportunity on the 
     intent to issue such waiver and the reasons therefor. The 
     Secretary shall provide an annual report to the 
     Appropriations Committees of the Congress on any waivers 
     granted under the Buy America requirements.
       Sec. 126. Notwithstanding section 378 of the Department of 
     Transportation and Related Agencies Appropriations Act, 2001 
     (Public Law 106-346; 114 Stat. 1356A-38), amounts made 
     available under that section for a project for construction 
     of and improvements to North Shore Road in Swain County, 
     North Carolina, that remain unobligated and unexpended after 
     issuance of the record of decision for that project may be 
     used to implement the selected alternative included in the 
     record of decision.

              Federal Motor Carrier Safety Administration


              Motor Carrier Safety Operations and Programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred for administration of 
     motor carrier safety operations and programs pursuant to 
     section 31104(i) of title 49, United States Code, and 
     sections 4127 and 4134 of Public Law 109-59, $231,469,553, to 
     be derived from the Highway Trust Fund (other than the Mass 
     Transit Account), together with advances and reimbursements 
     received by the Federal Motor Carrier Safety Administration, 
     the sum of which shall remain available until expended: 
     Provided, That none of the funds derived from the Highway 
     Trust Fund in this Act shall be available for the 
     implementation, execution or administration of programs, the 
     obligations for which are in excess of $231,469,553, for 
     ``Motor Carrier Safety Operations and Programs'', of which 
     $7,550,000, to remain available for obligation until 
     September 30, 2010, is for the research and technology 
     program and $1,000,000 shall be available for commercial 
     motor vehicle operator's grants to carry out section 4134 of 
     Public Law 109-59: Provided further, That notwithstanding any 
     other provision of law, none of the funds under this heading 
     for outreach and education shall be available for transfer.


                      Motor Carrier Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred in carrying out 
     sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 
     of title 49, United States Code, and sections 4126 and 4128 
     of Public Law 109-59, $300,000,000, to be derived from the 
     Highway Trust Fund (other than the Mass Transit Account) and 
     to remain available until expended: Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $300,000,000, for ``Motor Carrier 
     Safety Grants''; of which $202,000,000 shall be available for 
     the motor carrier safety assistance program to carry out 
     sections 31102 and 31104(a) of title 49, United States Code; 
     $25,000,000 shall be available for the commercial driver's 
     license improvements program to carry out section 31313 of 
     title 49, United States Code; $32,000,000 shall be available 
     for the border enforcement grants program to carry out 
     section 31107 of title 49, United States Code; $5,000,000 
     shall be available for the performance and registration 
     information system management program to carry out sections 
     31106(b) and 31109 of title 49, United States Code; 
     $25,000,000 shall be available for the commercial vehicle 
     information systems and networks deployment program to carry 
     out section 4126 of Public Law 109-59; $3,000,000 shall be 
     available for the safety data improvement program to carry 
     out section 4128 of Public Law 109-59; and $8,000,000 shall 
     be available for the commercial driver's license information 
     system modernization program to carry out section 31309(e) of 
     title 49, United States Code: Provided further, That of the 
     funds made available for the motor carrier safety assistance 
     program, $29,000,000 shall be available for audits of new 
     entrant motor carriers: Provided further, That $11,260,214 in 
     unobligated balances are rescinded.

[[Page S11336]]

                          Motor Carrier Safety

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $32,187,720 in unobligated balances are 
     rescinded.


                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this hearing in prior 
     appropriations Act, $5,212,858 in unobligated balances are 
     rescinded.


 Administrative Provision--Federal Motor Carrier Safety Administration

       Sec. 130. Funds appropriated or limited in this Act shall 
     be subject to the terms and conditions stipulated in section 
     350 of Public Law 107-87 and section 6901 of Public Law 110-
     28, including that the Secretary submit a report to the House 
     and Senate Appropriations Committees annually on the safety 
     and security of transportation into the United States by 
     Mexico-domiciled motor carriers.

             National Highway Traffic Safety Administration


                        Operations and Research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     chapter 301 of title 49, United States Code, and part C of 
     subtitle VI of title 49, United States Code, $124,406,000, of 
     which $26,156,000 shall remain available until September 30, 
     2010: Provided, That none of the funds appropriated by this 
     Act may be obligated or expended to plan, finalize, or 
     implement any rulemaking to add to section 575.104 of title 
     49 of the Code of Federal Regulations any requirement 
     pertaining to a grading standard that is different from the 
     three grading standards (treadwear, traction, and temperature 
     resistance) already in effect.


                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, $107,750,000, to be derived from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     and to remain available until expended: Provided, That none 
     of the funds in this Act shall be available for the planning 
     or execution of programs the total obligations for which, in 
     fiscal year 2008, are in excess of $107,750,000 for programs 
     authorized under 23 U.S.C. 403.


                        National Driver Register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out chapter 
     303 of title 49, United States Code, $4,000,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account) and to remain available until September 30, 
     2010: Provided, That none of the funds in this Act shall be 
     available for the implementation or execution of programs the 
     total obligations for which, in fiscal year 2008, are in 
     excess of $4,000,000 for the National Driver Register 
     authorized under such chapter.


                     Highway Traffic Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
     sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
     59, to remain available until expended, $599,250,000 to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account): Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2008, are in excess of $599,250,000 for programs authorized 
     under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 
     2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of 
     which $225,000,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
     Protection Incentive Grants'' under 23 U.S.C. 405; 
     $124,500,000 shall be for ``Safety Belt Performance Grants'' 
     under 23 U.S.C. 406; $34,500,000 shall be for ``State Traffic 
     Safety Information System Improvements'' under 23 U.S.C. 408; 
     $131,000,000 shall be for ``Alcohol-Impaired Driving 
     Countermeasures Incentive Grant Program'' under 23 U.S.C. 
     410; $18,250,000 shall be for ``Administrative Expenses'' 
     under section 2001(a)(11) of Public Law 109-59; $29,000,000 
     shall be for ``High Visibility Enforcement Program'' under 
     section 2009 of Public Law 109-59; $6,000,000 shall be for 
     ``Motorcyclist Safety'' under section 2010 of Public Law 109-
     59; and $6,000,000 shall be for ``Child Safety and Child 
     Booster Seat Safety Incentive Grants'' under section 2011 of 
     Public Law 109-59: Provided further, That none of these funds 
     shall be used for construction, rehabilitation, or remodeling 
     costs, or for office furnishings and fixtures for State, 
     local or private buildings or structures: Provided further, 
     That not to exceed $500,000 of the funds made available for 
     section 410 ``Alcohol-Impaired Driving Countermeasures 
     Grants'' shall be available for technical assistance to the 
     States: Provided further, That not to exceed $750,000 of the 
     funds made available for the ``High Visibility Enforcement 
     Program'' shall be available for the evaluation required 
     under section 2009(f) of Public Law 109-59.


      Administrative Provisions--National Highway Traffic Safety 
                             Administration

                        (including rescissions)

       Sec. 140. Notwithstanding any other provision of law or 
     limitation on the use of funds made available under section 
     403 of title 23, United States Code, an additional $130,000 
     shall be made available to the National Highway Traffic 
     Safety Administration, out of the amount limited for section 
     402 of title 23, United States Code, to pay for travel and 
     related expenses for State management reviews and to pay for 
     core competency development training and related expenses for 
     highway safety staff.
       Sec. 141. Of the amounts made available under the heading 
     ``Operations and Research (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $12,197,113.60 in 
     unobligated balances are rescinded.
       Sec. 142. Of the amounts made available under the heading 
     ``National Driver Register (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $119,914.61 in 
     unobligated balances are rescinded.
       Sec. 143. Of the amounts made available under the heading 
     ``Highway Traffic Safety Grants (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $10,528,958 in 
     unobligated balances are rescinded.

                    Federal Railroad Administration


                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $151,186,000, of 
     which $12,268,890 shall remain available until expended.


                   Railroad Research and Development

       For necessary expenses for railroad research and 
     development, $36,250,000, to remain available until expended.


     Capital Assistance to States--Intercity Passenger Rail Service

       To enable the Federal Railroad Administrator to make grants 
     to States for the capital costs of improving existing 
     intercity passenger rail service and providing new intercity 
     passenger rail, $100,000,000, to remain available until 
     expended: Provided, That grants shall be provided to a State 
     only on a reimbursable basis: Provided further, That grants 
     cover no more than 50 percent of the total capital cost of a 
     project selected for funding: Provided further, That no later 
     than eight months following enactment of this Act, the 
     Secretary shall establish and publish criteria for project 
     selection, set a deadline for grant applications, and provide 
     a schedule for project selection: Provided further, That the 
     provisions of section 24312 of title 49, United States Code, 
     shall apply to grantees assisted under this paragraph: 
     Provided further, That to be eligible for this assistance, 
     States must include intercity passenger rail service as an 
     integral part of statewide transportation planning as 
     required under section 135 of title 23, United States Code: 
     Provided further, That the specific project must be on the 
     Statewide Transportation Improvement Plan at the time of the 
     application to qualify: Provided further, That the Secretary 
     give priority to applications for projects that improve the 
     safety and reliability of intercity passenger trains, involve 
     a commitment by freight railroads to an enforceable on-time 
     performance of passenger trains of 80 percent or greater, 
     involve a commitment by freight railroads of financial 
     resources commensurate with the benefit expected to their 
     operations, improve or extend service on a route that 
     requires little or no Federal assistance for its operations, 
     involve a commitment by States or railroads of financial 
     resources to improve the safety of highway/rail grade 
     crossings over which the passenger service operates.


            Railroad Rehabilitation and Improvement Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 2008.


    OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for 
     operation of intercity passenger rail, $485,000,000 to remain 
     available until expended: Provided, That the Secretary of 
     Transportation shall approve funding to cover operating 
     losses for the Corporation only after receiving and reviewing 
     a grant request for each specific train route: Provided 
     further, That each such grant request shall be accompanied by 
     a detailed financial analysis, revenue projection, and 
     capital expenditure projection justifying

[[Page S11337]]

     the Federal support to the Secretary's satisfaction: Provided 
     further, That the Corporation is directed to achieve savings 
     through operating efficiencies including, but not limited to, 
     modifications to food and beverage service and first class 
     service: Provided further, That the Inspector General of the 
     Department of Transportation shall report to the House and 
     Senate Committees on Appropriations beginning three months 
     after the date of the enactment of this Act and quarterly 
     thereafter with estimates of the savings accrued as a result 
     of all operational reforms instituted by the Corporation: 
     Provided further, That not later than 120 days after 
     enactment of this Act, the Corporation shall transmit to the 
     House and Senate Committees on Appropriations the status of 
     its plan to improve the financial performance of food and 
     beverage service and its plan to improve the financial 
     performance of first class service (including sleeping car 
     service): Provided further, That the Corporation shall report 
     quarterly to the House and Senate Committees on 
     Appropriations on its progress against the milestones and 
     target dates contained in the plan provided in fiscal year 
     2007 and quantify savings realized to date on a monthly basis 
     compared to those projected in the plan, identify any changes 
     in the plan or delays in implementing these plans, and 
     identify the causes of delay and proposed corrective 
     measures: Provided further, That not later than 90 days after 
     enactment of this Act, the Corporation shall transmit, in 
     electronic format, to the Secretary, the House and Senate 
     Committees on Appropriations, the House Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Commerce, Science, and Transportation a comprehensive 
     business plan approved by the Board of Directors for fiscal 
     year 2008 under section 24104(a) of title 49, United States 
     Code: Provided further, That the business plan shall include, 
     as applicable, targets for ridership, revenues, and capital 
     and operating expenses: Provided further, That the plan shall 
     also include a separate accounting of such targets for the 
     Northeast Corridor; commuter service; long-distance Amtrak 
     service; State-supported service; each intercity train route, 
     including Autotrain; and commercial activities including 
     contract operations: Provided further, That the business plan 
     shall include a description of the work to be funded, along 
     with cost estimates and an estimated timetable for completion 
     of the projects covered by this business plan: Provided 
     further, That the Corporation shall continue to provide 
     monthly reports in electronic format regarding the pending 
     business plan, which shall describe the work completed to 
     date, any changes to the business plan, and the reasons for 
     such changes, and shall identify all sole source contract 
     awards which shall be accompanied by a justification as to 
     why said contract was awarded on a sole source basis: 
     Provided further, That the Corporation's business plan and 
     all subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That the leases and contracts entered into by the 
     Corporation in any year that the Corporation receives a 
     Federal subsidy after the date of enactment of the Act, 
     regardless of the place the same may be executed, shall be 
     governed by the laws of the District of Columbia: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act: Provided further, That 
     none of the funds provided in this Act may be used after 
     March 1, 2006, to support any route on which Amtrak offers a 
     discounted fare of more than 50 percent off the normal, peak 
     fare: Provided further, That the preceding proviso does not 
     apply to routes where the operating loss as a result of the 
     discount is covered by a State and the State participates in 
     the setting of fares.


  CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     maintenance and repair of capital infrastructure owned by the 
     Corporation, including railroad equipment, rolling stock, 
     legal mandates and other services, $885,000,000, to remain 
     available until expended, of which not to exceed $285,000,000 
     shall be for debt service obligations: Provided, That the 
     Secretary may retain up to one-quarter of one percent of the 
     funds under this heading to fund the oversight by the Federal 
     Railroad Administration of the design and implementation of 
     capital projects funded by grants made under this heading: 
     Provided further, That the Secretary shall approve funding 
     for capital expenditures, including advance purchase orders 
     of materials, for the Corporation only after receiving and 
     reviewing a grant request for each specific capital grant 
     justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That none of the funds under 
     this heading may be used to subsidize operating losses of the 
     Corporation: Provided further, That none of the funds under 
     this heading may be used for capital projects not approved by 
     the Secretary of Transportation or on the Corporation's 
     fiscal year 2008 business plan: Provided further, That 
     $35,000,000 of amounts made available under this heading 
     shall be available until expended for capital improvements if 
     the Corporation demonstrates to the Secretary's satisfaction 
     that the Corporation has achieved operational savings and met 
     ridership and revenue targets as defined in the Corporation's 
     business plan: Provided further, That of the funds provided 
     under this section, not less than $5,000,000 shall be 
     expended for the development and implementation of a 
     managerial cost accounting system, which includes average and 
     marginal unit cost capability: Provided further, That within 
     90 days of enactment, the Department of Transportation 
     Inspector General shall review and comment to the Secretary 
     of Transportation and the House and Senate Committees on 
     Appropriations upon the strengths and weaknesses of the 
     system being developed by the Corporation and how it best can 
     be implemented to improve decision making by the Board of 
     Directors and management of the Corporation: Provided 
     further, That not later than 180 days after the enactment of 
     this Act, the Secretary, in consultation with the Corporation 
     and the States on the Northeast Corridor, shall establish a 
     common definition of what is determined to be a ``state of 
     good repair'' on the Northeast Corridor and report its 
     findings, including definitional areas of disagreement, to 
     the House and Senate Committees on Appropriations, the House 
     Committee on Transportation and Infrastructure and the Senate 
     Committee on Commerce, Science, and Transportation.


       Administrative Provisions--Federal Railroad Administration

       Sec. 150. Notwithstanding any other provision of this Act, 
     funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available 
     to said Corporation in the event that the Corporation 
     contracts to have services provided at or from any location 
     outside the United States. For purposes of this section, the 
     word ``services'' shall mean any service that was, as of July 
     1, 2006, performed by a full-time or part-time Amtrak 
     employee whose base of employment is located within the 
     United States.
       Sec. 151. Not later than January 1, 2008, the Federal 
     Railroad Administrator shall submit a report, and quarterly 
     reports thereafter, to the House and Senate Committees on 
     Appropriations detailing the Administrator's efforts at 
     improving the on-time performance of Amtrak intercity rail 
     service operating on non-Amtrak owned property. Such reports 
     shall compare the most recent actual on-time performance data 
     to pre-established on-time performance goals that the 
     Administrator shall set for each rail service, identified by 
     route. Such reports shall also include whatever other 
     information and data regarding the on-time performance of 
     Amtrak trains the Administrator deems to be appropriate.
       Sec. 152. The Secretary may purchase promotional items of 
     nominal value for use in public outreach activities to 
     accomplish the purposes of 49 U.S.C. 20134: Provided, That 
     the Secretary shall prescribe guidelines for the 
     administration of such purchases and use.
       Sec. 153. Hereafter, any lease or contract entered into 
     between the National Railroad Passenger Corporation and the 
     State of Maryland or any department or agency of the State of 
     Maryland, after the date of the enactment of this Act, shall 
     be governed by the laws of the District of Columbia.

                     Federal Transit Administration


                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $88,795,000: Provided, That of 
     the funds available under this heading, not to exceed 
     $910,239 shall be available for the Office of the 
     Administrator; not to exceed $6,353,739 shall be available 
     for the Office of Administration; not to exceed $4,545,039 
     shall be available for the Office of the Chief Counsel; not 
     to exceed $1,480,289 shall be available for the Office of 
     Communication and Congressional Affairs; not to exceed 
     $8,741,339 shall be available for the Office of Program 
     Management; not to exceed $10,857,698 shall be available for 
     the Office of Budget and Policy; not to exceed $4,943,589 
     shall be available for the Office of Research, Demonstration 
     and Innovation; not to exceed $3,234,489 shall be available 
     for the Office of Civil Rights; not to exceed $4,458,289 
     shall be available for the Office of Planning; not to exceed 
     $22,551,290 shall be available for regional offices; and not 
     to exceed $20,719,000 shall be available for the central 
     account: Provided further, That the Administrator is 
     authorized to transfer funds appropriated for an office of 
     the Federal Transit Administration: Provided further, That no 
     appropriation for an office shall be increased or decreased 
     by more than a total of 5 percent during the fiscal year by 
     all such transfers: Provided further, That any change in 
     funding greater than 5 percent shall be submitted for 
     approval to the House and Senate Committees on 
     Appropriations: Provided further, That any funding 
     transferred from the central account shall be submitted for 
     approval to the House and Senate Committees on 
     Appropriations: Provided further, That none of the funds 
     provided or limited in this Act may be used to create a 
     permanent office of transit security under this heading: 
     Provided further, That of the funds in this Act available for 
     the execution of contracts under section 5327(c) of title 49, 
     United States Code, $2,000,000 shall be reimbursed to the 
     Department of Transportation's Office of Inspector General 
     for costs associated with audits and investigations of 
     transit-related issues, including reviews of new fixed 
     guideway systems: Provided further, That upon submission to 
     the

[[Page S11338]]

     Congress of the fiscal year 2009 President's budget, the 
     Secretary of Transportation shall transmit to Congress the 
     annual report on new starts, including proposed allocations 
     of funds for fiscal year 2009.


                         FORMULA AND BUS GRANTS

                  (Liquidation of Contract Authority)

                      (Limitation on Obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred in carrying out the 
     provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
     5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of 
     Public Law 105-178, as amended, $6,855,000,000, to be derived 
     from the Mass Transit Account of the Highway Trust Fund and 
     to remain available until expended: Provided, That funds 
     available for the implementation or execution of programs 
     authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
     5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 
     of Public Law 105-178, as amended, shall not exceed total 
     obligations of $7,872,893,000 in fiscal year 2008: Provided 
     further, That except as provided in section 3044(b)(1) of 
     Public Law 109-59, funds made available to carry out 49 
     U.S.C. 5308 shall instead be available to carry out 49 U.S.C. 
     5309(b)(3): Provided further, That $28,660,920 in unobligated 
     balances are rescinded.


                RESEARCH AND UNIVERSITY RESEARCH CENTERS

       For necessary expenses to carry out 49 U.S.C. 5306, 5312-
     5315, 5322, and 5506, $65,500,000, to remain available until 
     expended: Provided, That $9,300,000 is available to carry out 
     the transit cooperative research program under section 5313 
     of title 49, United States Code, $4,300,000 is available for 
     the National Transit Institute under section 5315 of title 
     49, United States Code, and $7,000,000 is available for 
     university transportation centers program under section 5506 
     of title 49, United States Code: Provided further, That 
     $44,900,000 is available to carry out national research 
     programs under sections 5312, 5313, 5314, and 5322 of title 
     49, United States Code.


                       Capital Investment Grants

                         (including rescission)

       For necessary expenses to carry out section 5309 of title 
     49, United States Code, $1,566,000,000, to remain available 
     until expended: Provided, That of the funds available under 
     this heading, amounts are to be made available as follows:
       For section 5309(m)(6)(B) of title 49, United States Code, 
     $15,000,000.
       For section 5309(m)(6)(C) of title 49, United States Code, 
     $5,000,000.
       For the following sections of Public Law 109-59:
       Section 3043(b)(9), $11,200,000;
       Section 3043(d)(35), $18,965,043;
       Section 3043(d)(10), $70,000,000;
       Section 3043(b)(18), $5,000,000;
       Section 3043(b)(1), $13,000,000;
       Section 3043(b)(15), $65,000,000;
       Section 3043(b)(21), $125,000,000;
       Section 3043(b)(23), $20,000,000;
       Section 3043(b)(22), $35,000,000;
       Section 3043(c)(231), $30,000,000;
       Section 3043(a)(19), $90,000,000;
       Section 3043(a)(9), $70,000,000;
       Section 3043(a)(7), $51,560,484;
       Section 3043(a)(5), $36,500,000;
       Section 3043(a)(31), $35,000,000;
       Section 3043(a)(16), $55,192,995;
       Section 3043(b)(20), $200,000,000;
       Section 3043(b)(27), $80,000,000;
       Section 3043(a)(20), $33,516,444;
       Section 3043(b)(5), $86,250,000;
       Section 3043(b)(30), $80,000,000;
       Section 3043(a)(30), $70,000,000;
       Section 3043(c)(134), $35,000,000;
       Section 3043(b)(23), $21,200,000;
       Section 3043(d)(39), $3,000,000;
       Section 3043(b)(14), $500,000;
       Section 3043(c)(86), $20,000,000;
       Section 3043(c)(43), $5,000,000;
       Section 3043(c)(153), $20,000,000; and
       Section 3043(c)(258), $5,000,000.
       For the Jacksonville Rapid Transit System Phase 1, Florida, 
     $9,870,000;
       For North Corridor BRT, Houston and Southeast Corridor BRT, 
     Texas, $15,000,000;
       For San Francisco Muni Third Street Light Rail, California, 
     $10,000,000;
       For Mid-Jordan Light Rail Extension, $20,000,000; and
       For METRA Connects, Illinois, $1,300,000:
     Provided further, That of the funds available under this 
     heading, amounts are to be made available under section 
     5309(e).
       For the following sections of Public Law 109-59:
       section 3043(c)(201), $3,000,000;
       section 3043(c)(177), $3,000,000;
       section 3043(d)(3), $1,500,000;
       section 3043(c)(182), $2,500,000;
       section 3043(c)(79), $2,000,000;
       section 3043(c)(197), $6,000,000;
       section 3043(c)(173), $1,000,000; and
       section 3043(c)(95), $14,250,000.
       For State Avenue Corridor BRT, Wyandotte County, Kansas, 
     $1,500,000; and
       For Troost Corridor BRT, Missouri, $6,260,000.


       Administrative Provisions--Federal Transit Administration

       Sec. 160. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161. Notwithstanding any other provision of law, funds 
     made available by this Act under ``Federal Transit 
     Administration, Capital investment grants'' and bus and bus 
     facilities under ``Federal Transit Administration, Formula 
     and bus grants'' for projects specified in this Act or 
     identified in reports accompanying this Act not obligated by 
     September 30, 2010, and other recoveries, shall be made 
     available for other projects under 49 U.S.C. 5309.
       Sec. 162. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2007, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163. Notwithstanding any other provision of law, 
     unobligated funds made available for a new fixed guideway 
     systems projects under the heading ``Federal Transit 
     Administration, Capital Investment Grants'' in any 
     appropriations Act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 164. In regard to the Central Link Initial Segment 
     Project, to the extent that funds remain available within the 
     current budget for the project, the Secretary shall amend the 
     Full Funding Grant Agreement for said project to allow 
     remaining funds to be used to support completion of the 
     Airport Link extension of said project.
       Sec. 165. Amounts provided for a high capacity fixed 
     guideway light rail and mass transit project for the City of 
     Albuquerque, New Mexico, in Public Laws 106-49, 106-346 and 
     107-87 shall be available for bus and bus facilities.
       Sec. 166. Any unobligated amounts made available for the 
     Commuter Rail, Albuquerque to Santa Fe, New Mexico under the 
     heading ``Capital Investment Grants'' under the heading 
     ``Federal Transit Administration'' in title I of division A 
     of the Transportation, Treasury, Housing and Urban 
     Development, the Judiciary, the District of Columbia, and 
     Independent Agencies Appropriations Act, 2006 (Public Law 
     109-115; 119 Stat. 2418) shall be made available for public 
     transportation buses, equipment and facilities related to 
     such buses, and intermodal terminal in Albuquerque and Santa 
     Fe, New Mexico, subject to the requirements under section 
     5309 of title 49, United States Code.
       Sec. 167. Notwithstanding any other provision of law, funds 
     made available for the ``Las Vegas Resort Corridor Fixed 
     Guideway Project'', the ``CATRAIL RTC Rail Project'', and the 
     ``Las Vegas, Nevada Monorail Project'' in Nevada in Public 
     Laws 107-87, 108-7, 108-199 and 108-447 may be made available 
     to the Regional Transportation Commission of Southern Nevada 
     for bus or bus facilities projects eligible under section 
     5307 or section 5309 of title 49, United States Code, and 
     shall remain available until expended.
       Sec. 168. The second sentence of section 321 of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1986 (99 Stat. 1287) is repealed.

             Saint Lawrence Seaway Development Corporation

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


                       Operations and Maintenance

                    (harbor maintenance trust fund)

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

                        Maritime Administration


                       Maritime Security Program

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


                        Operations and Training

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


                             Ship Disposal

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


                     ASSISTANCE TO SMALL SHIPYARDS

       To make grants for capital improvements and related 
     infrastructure improvements at qualified shipyards that will 
     facilitate the efficiency, cost-effectiveness, and quality of 
     domestic ship construction for commercial and Federal 
     Government use as authorized

[[Page S11339]]

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


          Maritime Guaranteed Loan (Title XI) Program Account

                     (including transfer of funds)

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


                           Ship Construction

                              (rescission)

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


           Administrative Provisions--Maritime Administration

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

         Pipeline and Hazardous Materials Safety Administration


                        Administrative Expenses

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


                       hazardous materials safety

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


                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

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


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

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

           Research and Innovative Technology Administration


                        Research and Development

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

                      Office of Inspector General


                         Salaries and Expenses

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

                      Surface Transportation Board


                         Salaries and Expenses

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

            General Provisions--Department of Transportation


                     (including transfers of funds)

       Sec. 180. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182. None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 184. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 185. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal Railroad Administration's 
     ``Safety and Operations'' account, except for State rail 
     safety inspectors participating in training pursuant to 49 
     U.S.C. 20105.
       Sec. 186. Notwithstanding any other provisions of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 187. None of the funds in this Act to the Department 
     of Transportation may be used to make a grant unless the 
     Secretary of Transportation notifies the House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any discretionary grant award, letter of intent, 
     or full funding grant agreement totaling $1,000,000 or more 
     is announced by the department or its modal administrations 
     from: (1) any discretionary grant program of the Federal

[[Page S11340]]

     Highway Administration including the emergency relief 
     program; (2) the airport improvement program of the Federal 
     Aviation Administration; or (3) any program of the Federal 
     Transit Administration other than the formula grants and 
     fixed guideway modernization programs: Provided, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 188. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 189. Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002: Provided, 
     That amounts in excess of that required for paragraphs (1) 
     and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: 
     Provided, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations of the amount 
     and reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 190. Notwithstanding any other provision of law, if 
     any funds provided in or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, said 
     reprogramming action shall be approved or denied solely by 
     the Committees on Appropriations: Provided, That the 
     Secretary may provide notice to other congressional 
     committees of the action of the Committees on Appropriations 
     on such reprogramming but not sooner than 30 days following 
     the date on which the reprogramming action has been approved 
     or denied by the House and Senate Committees on 
     Appropriations.
       Sec. 191. Out of funds appropriated or otherwise made 
     available under this Act to the Surface Transportation Board 
     of the Department of Transportation, when considering cases, 
     matters, or declaratory orders before the Board involving a 
     railroad, or an entity claiming or seeking authority to 
     operate as a railroad, and the transportation of solid waste 
     (as defined in section 1004 of 42 U.S.C. 6903), the Board 
     shall consider any activity involving the receipt, delivery, 
     sorting, handling or transfer in-transit outside of a sealed 
     container, storage other than inside a sealed container, or 
     other processing of solid waste to be an activity over which 
     the Board does not have jurisdiction.
       Sec. 192. None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board of the Department of Transportation to 
     charge or collect any filing fee for rate complaints filed 
     with the Board in an amount in excess of the amount 
     authorized for district court civil suit filing fees under 
     section 1914 of title 28, United States Code.
       Sec. 193. Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall--
       (1) conduct an investigation of rail service disruptions 
     since 2004 and incidents since 2004 in which rail carriers 
     failed to timely deliver various commodities, such as coal, 
     wheat, ethanol, and lumber; and
       (2) submit a report containing legislative and regulatory 
     recommendations designed to reduce such disruptions and 
     incidents and to improve railroad service to--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Appropriations of the House of 
     Representatives;
       (C) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (D) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2008''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Office of the Secretary


                         SALARIES AND EXPENSES

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

                          Executive Operations


                     OFFICE OF HEARINGS AND APPEALS

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


        OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTLILIZATION

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


                 OFFICE OF THE CHIEF FINANCIAL OFFICER

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


                     OFFICE OF THE GENERAL COUNSEL

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


                OFFICE OF THE CHIEF PROCUREMENT OFFICER

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


            CENTER FOR FAITH-BASED AND COMMUNITY INITIATIVES

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


        OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL AND 
                      INTERGOVERNMENTAL RELATIONS

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


          OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AFFAIRS

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


          OFFICE OF DEPARTMENTAL EQUAL EMPLOYMENT OPPORTUNITY

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

                       Administrative Activities


          OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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


                  ADMINISTRATION SALARIES AND EXPENSES

       For necessary salaries and expenses of the Office of 
     Administration, $252,010,000: Provided, That, funds provided 
     under the heading may be used for necessary administrative 
     and non-administrative expenses of the Department of Housing 
     and Urban Development, not otherwise provided for, including 
     purchase of uniforms, or allowances therefor, as authorized 
     by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; 
     services as authorized by 5 U.S.C. 3109.


           OFFICE OF DEPARTMENTAL OPERATIONS AND COORDINATION

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


                 OFFICE OF FIELD POLICY AND MANAGEMENT

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

                       Public and Indian Housing


    OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING

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


            PUBLIC AND INDIAN HOUSING SALARIES AND EXPENSES

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


                     Tenant-Based Rental Assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $16,598,694,000, to remain available until expended, of which 
     $12,398,694,000 shall be available on October 1, 2007, and 
     $4,200,000,000 shall be available on October 1, 2008: 
     Provided, That the amounts made available under this heading 
     are provided as follows:
       (1) $14,936,200,000 for renewals of expiring section 8 
     tenant-based annual contributions contracts (including 
     renewals of enhanced vouchers under any provision of law 
     authorizing such assistance under section 8(t) of the Act): 
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph, the Secretary for 
     the calendar year 2008 funding cycle shall provide renewal 
     funding for each public housing agency based on voucher 
     management system (VMS) leasing and cost data for the most 
     recently completed period of 12 consecutive months for which 
     the Secretary determines the data is verifiable and complete 
     and by applying the 2008 Annual Adjustment Factor as 
     established by the Secretary, and by making any necessary 
     adjustments for the costs associated with the first-time 
     renewal of tenant protection or HOPE VI vouchers or vouchers 
     that were not in use during the 12-month period in order to 
     be available to meet a commitment pursuant to section 
     8(o)(13) of the Act: Provided further, That notwithstanding 
     the first proviso, except for applying the 2008 Annual 
     Adjustment Factor and making any other specified

[[Page S11341]]

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


                        Housing Certificate Fund

                              (rescission)

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


                    Project-Based Rental Assistance

                     (including transfer of funds)

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' 
     herein), not otherwise provided for, $5,813,000,000, to 
     remain available until expended: Provided, That the amounts 
     made available under this heading are provided as follows:
       (1) up to $5,522,810,000 for expiring or terminating 
     section 8 project-based subsidy contracts (including section 
     8 moderate rehabilitation contracts), for amendments to 
     section 8 project-based subsidy contracts (including section 
     8 moderate rehabilitation contracts), for contracts entered 
     into pursuant to section 441 of the McKinney-Vento Homeless 
     Assistance Act, for renewal of section 8 contracts for units 
     in projects that are subject to approved plans of action 
     under the Emergency Low Income Housing Preservation Act of 
     1987 or the Low-Income Housing Preservation and Resident 
     Homeownership Act of 1990, and for administrative and other 
     expenses associated with project-based activities and 
     assistance funded under this paragraph.

[[Page S11342]]

       (2) not to exceed $286,230,000 for performance-based 
     contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary may also use such 
     amounts for performance-based contract administrators for: 
     interest reduction payments pursuant to section 236(a) of the 
     National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement 
     payments pursuant to section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 
     rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project 
     rental assistance contracts for the elderly under section 
     202(c)(2) of the Housing Act of 1959, as amended (12 U.S.C. 
     1701q, 1701q-1); project rental assistance contracts for 
     supportive housing for persons with disabilities under 
     section 811(d)(2) of the Cranston-Gonzalez National 
     Affordable Housing Act; project assistance contracts pursuant 
     to section 202(h) of the Housing Act of 1959 (Public Law 86-
     372; 73 Stat. 667); and loans under section 202 of the 
     Housing Act of 1959 (Public Law 86-372; 73 Stat. 667).
       (3) not to exceed $3,960,000 may be transferred to the 
     Working Capital Fund; and
       (4) amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'' may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated.


                      Public Housing Capital Fund

                     (including transfer of funds)

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


                     Public Housing Operating Fund

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


     Revitalization of Severely Distressed Public Housing (Hope VI)

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


                  Native American Housing Block Grants

                     (including transfer of funds)

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


                  native hawaiian housing block grant

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


           Indian Housing Loan Guarantee Fund Program Account

                     (including transfer of funds)

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


      Native Hawaiian Housing Loan Guarantee Fund Program Account

                     (including transfer of funds)

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

                   Community Planning and Development


     OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
                              DEVELOPMENT

                         SALARIES AND EXPENSES

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


        COMMUNITY PLANNING AND DEVELOPMENT SALARIES AND EXPENSES

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


              Housing Opportunities for Persons With AIDS

                     (including transfer of funds)

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


                 Rural Housing and Economic Development

       For the Office of Rural Housing and Economic Development in 
     the Department of Housing and Urban Development, $17,000,000, 
     to remain available until expended, which

[[Page S11343]]

     amount shall be competitively awarded by September 1, 2008, 
     to Indian tribes, State housing finance agencies, State 
     community and/or economic development agencies, local rural 
     nonprofits and community development corporations to support 
     innovative housing and economic development activities in 
     rural areas.


                       Community Development Fund

                     (including transfer of funds)

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


         Community Development Loan Guarantees Program Account

                     (including transfer of funds)

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


                       Brownfields Redevelopment

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


                  HOME Investment Partnerships Program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,970,000,000, to remain available 
     until September 30, 2010, of which not to exceed $3,465,000 
     may be transferred to the Working Capital Fund: Provided, 
     That up to $15,000,000 shall be available for technical 
     assistance: Provided further, That of the total amount 
     provided in this paragraph, up to $150,000,000 shall be 
     available for housing counseling under section 106 of the 
     Housing and Urban Development Act of 1968.


        self-help and assisted homeownership opportunity program

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


                       Homeless Assistance Grants

                     (including transfer of funds)

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

                            Housing Programs


    OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING, FEDERAL HOUSING 
                              COMMISSIONER

                         SALARIES AND EXPENSES

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


                     HOUSING SALARIES AND EXPENSES

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


                        Housing for the Elderly

                     (including transfer of funds)

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for supportive 
     services associated with the housing, $735,000,000, to remain 
     available until September 30, 2011, of which up to 
     $603,900,000 shall be for capital advance and project-based 
     rental assistance awards: Provided, That, of the amount 
     provided under this heading, up to $60,000,000 shall be for 
     service coordinators and the continuation of existing 
     congregate service grants for residents of assisted housing 
     projects, and of which up to $24,750,000 shall be for grants

[[Page S11344]]

     under section 202b of the Housing Act of 1959 (12 U.S.C. 
     1701q-2) for conversion of eligible projects under such 
     section to assisted living or related use and for emergency 
     capital repairs as determined by the Secretary: Provided 
     further, That of the amount made available under this 
     heading, $20,000,000 shall be available to the Secretary of 
     Housing and Urban Development only for making competitive 
     grants to private nonprofit organizations and consumer 
     cooperatives for covering costs of architectural and 
     engineering work, site control, and other planning relating 
     to the development of supportive housing for the elderly that 
     is eligible for assistance under section 202 of the Housing 
     Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 202 capital advance 
     projects: Provided further, That not to exceed $1,400,000 of 
     the total amount made available under this heading may be 
     transferred to the Working Capital Fund: Provided further, 
     That the Secretary may waive the provisions of section 202 
     governing the terms and conditions of project rental 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration.


                 Housing for Persons With Disabilities

                     (including transfer of funds)

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


                    other assisted housing programs

                       rental housing assistance

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


                              (rescission)

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


                         Flexible Subsidy Fund

                          (transfer of funds)

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


                  Manufactured Housing Fees Trust Fund

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

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

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


                General and Special Risk Program Account

                     (including transfers of funds)

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

                Government National Mortgage Association


         OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

                         SALARIES AND EXPENSES

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


Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

                     (including transfer of funds)

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

                    Policy Development and Research


 OFFICE OF THE ASSISTANT SECRETARY FOR POLICY DEVELOPMENT AND RESEARCH

                         SALARIES AND EXPENSES

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

[[Page S11345]]

         POLICY DEVELOPMENT AND RESEARCH SALARIES AND EXPENSES

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


                        Research and Technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970, as 
     amended (12 U.S.C. 1701z-1 et seq.), including carrying out 
     the functions of the Secretary under section 1(a)(1)(i) of 
     Reorganization Plan No. 2 of 1968, $59,040,000, to remain 
     available until September 30, 2009: Provided, That of the 
     total amount provided under this heading, $5,000,000 shall be 
     for the Partnership for Advancing Technology in Housing 
     (PATH) Initiative: Provided further, That of the funds made 
     available under this heading, $20,600,000 is for grants 
     pursuant to section 107 of the Housing and Community 
     Development Act of 1974, as amended, as follows: $3,000,000 
     to support Alaska Native serving institutions and Native 
     Hawaiian serving institutions as defined under the Higher 
     Education Act, as amended; $2,600,000 for tribal colleges and 
     universities to build, expand, renovate, and equip their 
     facilities and to expand the role of the colleges into the 
     community through the provision of needed services such as 
     health programs, job training and economic development 
     activities; $9,000,000 for the Historically Black Colleges 
     and Universities program, of which up to $2,000,000 may be 
     used for technical assistance; and $6,000,000 for the 
     Hispanic Serving Institutions Program.

                   Fair Housing and Equal Opportunity


     OFFICE OF THE ASSISTANT SECRETARY FOR FAIR HOUSING AND EQUAL 
                              OPPORTUNITY

                         SALARIES AND EXPENSES

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


        FAIR HOUSING AND EQUAL OPPORTUNITY SALARIES AND EXPENSES

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


                        Fair Housing Activities

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

                     Office of Lead Hazard Control


            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

                         SALARIES AND EXPENSES

       For the necessary salaries and expenses of the Office of 
     Healthy Homes and Lead Hazard Control, $6,140,000.


                         Lead Hazard Reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $151,000,000, to remain available 
     until September 30, 2009, of which $8,800,000 shall be for 
     the Healthy Homes Initiative, pursuant to sections 501 and 
     502 of the Housing and Urban Development Act of 1970 that 
     shall include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning lead-
     based paint poisoning and other housing-related diseases and 
     hazards: Provided, That for purposes of environmental review, 
     pursuant to the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other provisions of law that further 
     the purposes of such Act, a grant under the Healthy Homes 
     Initiative, Operation Lead Elimination Action Plan (LEAP), or 
     the Lead Technical Studies program under this heading or 
     under prior appropriations Acts for such purposes under this 
     heading, shall be considered to be funds for a special 
     project for purposes of section 305(c) of the Multifamily 
     Housing Property Disposition Reform Act of 1994: Provided 
     further, That of the total amount made available under this 
     heading, $48,000,000 shall be made available on a competitive 
     basis for areas with the highest lead paint abatement needs: 
     Provided further, That each applicant shall submit a detailed 
     plan and strategy that demonstrates adequate capacity that is 
     acceptable to the Secretary to carry out the proposed use of 
     funds pursuant to a Notice of Funding Availability: Provided 
     further, That of the total amount made available under this 
     heading, $2,000,000 shall be available for the Big Buy 
     Program to be managed by the Office of Healthy Homes and Lead 
     Hazard Control.


                          Working Capital Fund

       For additional capital for the Working Capital Fund (42 
     U.S.C. 3535) for the development of, modifications to, and 
     infrastructure for Department-wide information technology 
     systems, for the continuing operation and maintenance of both 
     Department-wide and program-specific information systems, and 
     for program-related development activities, $175,000,000, to 
     remain available until September 30, 2009: Provided, That any 
     amounts transferred to this Fund under this Act shall remain 
     available until expended: Provided further, That any amounts 
     transferred to this Fund from amounts appropriated by 
     previously enacted appropriations Acts or from within this 
     Act may be used only for the purposes specified under this 
     Fund, in addition to the purposes for which such amounts were 
     appropriated.


                      Office of Inspector General

                     (including transfer of funds)

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $112,000,000: Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

             Office of Federal Housing Enterprise Oversight


                         Salaries and Expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992, including not to exceed 
     $500 for official reception and representation expenses, 
     $66,000,000, to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund: 
     Provided, That the Director shall submit a spending plan for 
     the amounts provided under this heading no later than January 
     15, 2008: Provided further, That not less than 80 percent of 
     the total amount made available under this heading shall be 
     used only for examination, supervision, and capital oversight 
     of the enterprises (as such term is defined in section 1303 
     of the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the 
     enterprises are operating in a financially safe and sound 
     manner and complying with the capital requirements under 
     Subtitle B of such Act: Provided further, That not to exceed 
     the amount provided herein shall be available from the 
     general fund of the Treasury to the extent necessary to incur 
     obligations and make expenditures pending the receipt of 
     collections to the Fund: Provided further, That the general 
     fund amount shall be reduced as collections are received 
     during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $0.

    General Provisions--Department of Housing and Urban Development

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2008 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2008 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2008 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2008 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2008, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2008 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New

[[Page S11346]]

     York-Wayne-White Plains, New York-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division'') of the New 
     York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, 
     shall be adjusted by the Secretary of Housing and Urban 
     Development by: (1) allocating to the City of Jersey City, 
     New Jersey, the proportion of the metropolitan area's or 
     division's amount that is based on the number of cases of 
     AIDS reported in the portion of the metropolitan area or 
     division that is located in Hudson County, New Jersey, and 
     adjusting for the proportion of the metropolitan division's 
     high incidence bonus if this area in New Jersey also has a 
     higher than average per capita incidence of AIDS; and (2) 
     allocating to the City of Paterson, New Jersey, the 
     proportion of the metropolitan area's or division's amount 
     that is based on the number of cases of AIDS reported in the 
     portion of the metropolitan area or division that is located 
     in Bergen County and Passaic County, New Jersey, and 
     adjusting for the proportion of the metropolitan division's 
     high incidence bonus if this area in New Jersey also has a 
     higher than average per capita incidence of AIDS. The 
     recipient cities shall use amounts allocated under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in 
     their respective portions of the metropolitan division that 
     is located in New Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2008 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a three year period.
       Sec. 204. Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989.
       Sec. 205. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1831).
       Sec. 206. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to each such 
     corporation or agency and in accordance with law, and to make 
     such contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of such Act as may be 
     necessary in carrying out the programs set forth in the 
     budget for 2008 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless HUD provides to the 
     Committees on Appropriations a description of each proposed 
     activity and a detailed budget estimate of the costs 
     associated with each program, project or activity as part of 
     the Budget Justifications. For fiscal year 2008, HUD shall 
     transmit this information to the Committees by March 15, 2008 
     for 30 days of review.
       Sec. 209. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 210. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2008 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2008 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2008 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 211. The Secretary of Housing and Urban Development 
     shall submit an annual report no later than August 30, 2008 
     and annually thereafter to the House and Senate Committees on 
     Appropriations regarding the number of Federally assisted 
     units under lease and the per unit cost of these units to the 
     Department of Housing and Urban Development.
       Sec. 212. The Department of Housing and Urban Development 
     shall submit the Department's fiscal year 2009 congressional 
     budget justifications to the Committees on Appropriations of 
     the House of Representatives and the Senate using the 
     identical structure provided under this Act and only in 
     accordance with the direction specified in the report 
     accompanying this Act.
       Sec. 213. Incremental vouchers previously made available 
     under the heading ``Housing Certificate Fund'' or renewed 
     under the heading, ``Tenant-Based Rental Assistance,'' for 
     non-elderly disabled families shall, to the extent 
     practicable, continue to be provided to non-elderly disabled 
     families upon turnover.
       Sec. 214. A public housing agency or such other entity that 
     administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi shall establish an advisory board of not less 
     than 6 residents of public housing or recipients of section 8 
     assistance to provide advice and comment to the public 
     housing agency or other administering entity on issues 
     related to public housing and section 8. Such advisory board 
     shall meet not less than quarterly.
       Sec. 215. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2008 and 2009, the Secretary may authorize the 
     transfer of some or all project-based assistance, debt and 
     statutorily required low-income and very low-income use 
     restrictions, associated with one or more multifamily housing 
     project to another multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) the number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects;
       (2) the transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable;
       (3) the receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary;
       (4) the owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials;
       (5) the tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects

[[Page S11347]]

     shall not be required to vacate their units in the 
     transferring project or projects until new units in the 
     receiving project are available for occupancy;
       (6) the Secretary determines that this transfer is in the 
     best interest of the tenants;
       (7) if either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary;
       (8) if the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions;
       (9) any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section; and
       (10) the Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and,
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which the project-
     based assistance, debt, and statutorily required use low-
     income and very low-income restrictions are to be 
     transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring the project-based 
     assistance, debt and the statutorily required low-income and 
     very low-income use restrictions to the receiving project; 
     and,
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 216. The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 217. Incremental vouchers made available under this 
     Act and previously made available under the heading, 
     ``Housing Certificate Fund'' or renewed under the heading, 
     ``Tenant-Based Rental Assistance'', for family unification 
     shall, to the extent practicable, continue to be provided for 
     family unification.
       Sec. 218. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to develop 
     or impose policies or procedures, including an account 
     structure, that subjects the Government National Mortgage 
     Association to the requirements of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661 et seq.). This section shall not be 
     construed to exempt that entity from credit subsidy budgeting 
     or from budget presentation requirements previously adopted.
       Sec. 219. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       (c) Not later than 30 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall issue final regulations to carry out the provisions of 
     this section.
       Sec. 220. Notwithstanding any other provision of law, in 
     fiscal year 2008, in managing and disposing of any 
     multifamily property that is owned or 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 that are attached to 
     any dwelling units in the property. To the extent the 
     Secretary determines that such a multifamily property owned 
     or held by the Secretary is not feasible for continued rental 
     assistance payments under such section 8, based on 
     consideration of the costs of maintaining such payments for 
     that property or other factors, 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.
       Sec. 221. The National Housing Act is amended--
       (1) in sections 207(c)(3), 213(b)(2)(B)(i), 
     221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 
     234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i), 
     1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and 
     1715y(e)(3)(B))--
       (A) by striking ``140 percent'' each place such term 
     appears and inserting ``170 percent''; and
       (B) by striking ``170 percent in high cost areas'' each 
     place such term appears and inserting ``215 percent in high 
     cost areas''; and
       (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. 
     1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that 
     follows through ``project-by-project basis'' and inserting 
     the following: ``206A of this Act) by not to exceed 170 
     percent in any geographical area where the Secretary finds 
     that cost levels so require and by not to exceed 170 percent, 
     or 215 percent in high cost areas, where the Secretary 
     determines it necessary on a project-by-project basis''.
       Sec. 222. Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``2003'' and 
     inserting ``2008''; and
       (2) in subsection (o), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2008''.
       Sec. 223. Public housing agencies that own and operate 500 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in connection with the 
     operating fund rule: Provided, That an agency seeking a 
     discontinuance of a reduction of subsidy under the operating 
     fund formula shall not be exempt from asset management 
     requirements.
       Sec. 224. With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1),(2)).
       Sec. 225. The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on the status of all 
     section 8 project-based housing, including the number of all 
     project-based units by region as well as an analysis of all 
     federally subsidized housing being refinanced under the Mark-
     to-Market program. The Secretary shall in the report identify 
     all existing units maintained by region as section 8 project-
     based units and all project-based units that have opted out 
     of section 8 or have otherwise been eliminated as section 8 
     project-based units. The Secretary shall identify in detail 
     and by project all the efforts made by the Department to 
     preserve all section 8 project-based housing units and all 
     the reasons for any units which opted out or otherwise were 
     lost as section 8 project-based units. Such analysis shall 
     include a review of the impact of the loss any subsidized 
     units in that housing marketplace, such as the impact of cost 
     and the loss of available subsidized, low-income housing in 
     areas with scare housing resources for low-income families.
       Sec. 226. The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate

[[Page S11348]]

     Committees on Appropriations on HUD's use of all sole source 
     contracts, including terms of the contracts, cost and a 
     substantive rationale for using a sole source contract.
       Sec. 227. Section 9(e)(2)(C) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding 
     at the end of the following:
       ``(iv) Existing contracts.--The term of a contract 
     described in clause (i) that, as of the date of enactment of 
     this clause, is in repayment and has a term of not more than 
     12 years, may be extended to a term of not more than 20 years 
     to permit additional energy conservation improvements without 
     requiring the reprocurement of energy performance 
     contractors.''.
       Sec. 228. The Secretary of Housing and Urban Development 
     shall increase, pursuant to this section, the number of 
     Moving-to-Work agencies authorized under section 204, title 
     II, of the Departments of Veterans Affairs and Housing and 
     Urban Development and Independent Agencies Appropriations 
     Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) by making 
     the Alaska Public Housing Agency a Moving-to-Work Agency 
     under such section 204.
       Sec. 229. (a) The referenced statement of managers under 
     the heading ``Community Development Fund'' in title II of 
     Public Law 108-447 is deemed to be amended with respect to 
     item number 203 by striking ``equipment'' and inserting 
     ``renovation and construction''.
       (b) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is deemed to be amended with respect to 
     item number 696 by striking ``a Small Business Development 
     Center'' and inserting ``for revitalization costs at the 
     College of Agriculture Biotechnology and Natural Resources''.
       (c) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is deemed to be amended with respect to 
     item number 460 by striking ``Maine-Mawoshen One Country, Two 
     Worlds Project'' and inserting ``Sharing Maine's Maritime 
     Heritage Project--Construction and access to exhibits''.
       (d) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is deemed to be amended with respect to 
     item number 914 by striking ``the Pastime Theatre in Bristol, 
     Rhode Island for building improvements'' and inserting ``the 
     Institute for the Study and Practice of Nonviolence in 
     Providence, Rhode Island for building renovations''.
       (e) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is deemed to be amended with respect to 
     item number 918 by striking ``South Kingstown'' and inserting 
     ``Washington County''.
       (f) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is deemed to be amended with respect to 
     item number 624 by striking ``for the construction of a new 
     technology building'' and inserting ``for renovations to the 
     Wheeling Community Center''.
       Sec. 230. Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until September 30, 2008, insure and enter 
     into commitments to insure mortgages under section 255 of the 
     National Housing Act (12 U.S.C. 1715z-20).
       Sec. 231. Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development may not rescind or 
     take any adverse action with respect to the Moving-to-Work 
     program designation for the Housing Authority of Baltimore 
     City based on any alleged administrative or procedural errors 
     in making such designation.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2008''.

                               TITLE III

                          INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

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

                      Federal Maritime Commission


                         Salaries and Expenses

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

                  National Transportation Safety Board


                         Salaries and Expenses

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

                 Neighborhood Reinvestment Corporation


          Payment to the Neighborhood Reinvestment Corporation

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

           United States Interagency Council on Homelessness


                           Operating Expenses

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

                                TITLE IV

                      GENERAL PROVISIONS THIS ACT


                     (including transfers of funds)

       Sec. 401. Such sums as may be necessary for fiscal year 
     2008 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405. Except as otherwise provided in this Act, none of 
     the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2008, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates, 
     reorganizes, or restructures a branch, division, office, 
     bureau, board, commission, agency, administration, or 
     department different from the budget justifications submitted 
     to the Committees on Appropriations or the table accompanying 
     the statement of the managers accompanying this Act, 
     whichever is more detailed, unless prior approval is received 
     from the House and Senate Committees on Appropriations: 
     Provided, That not later than 60 days after the date of 
     enactment of this Act, each agency funded by this Act shall 
     submit a report to the Committees on Appropriations of the 
     Senate and of the House of Representatives to establish the 
     baseline for application of reprogramming and transfer 
     authorities for the current fiscal year: Provided further, 
     That the report shall include: (1) a table for each 
     appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest: Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 406. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2008 from appropriations 
     made available for salaries and expenses for fiscal year 2008 
     in this Act, shall

[[Page S11349]]

     remain available through September 30, 2009, for each such 
     account for the purposes authorized: Provided, That a request 
     shall be submitted to the Committees on Appropriations for 
     approval prior to the expenditure of such funds: Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines.
       Sec. 407. All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole source 
     contracts by no later than July 31, 2008. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole source contract.
       Sec. 408. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 409. No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use: Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities: 
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownsfield as defined in the Small Business Liability Relief 
     and Brownsfield Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain: 
     Provided further, That the Government Accountability Office, 
     in consultation with the National Academy of Public 
     Administration, organizations representing State and local 
     governments, and property rights organizations, shall conduct 
     a study to be submitted to the Congress within 12 months of 
     the enactment of this Act on the nationwide use of eminent 
     domain, including the procedures used and the results 
     accomplished on a State-by-State basis as well as the impact 
     on individual property owners and on the affected 
     communities.
       Sec. 410. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 411. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 413. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       This Act may be cited as the ``Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2008''.
                                 ______
                                 
  SA 2791. Mrs. MURRAY proposed an amendment to the bill H.R. 3074, 
making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2008, and for other purposes; as follows:

       On page 129, strike section 218 and insert the following:
       ``Sec. 218. The Secretary of Transportation may receive and 
     expend cash, or receive and utilize spare parts and similar 
     items, from non-United States Government sources to repair 
     damages to or replace United States Government owned 
     automated track inspection cars as a result of third party 
     liability for such damages.''
                                 ______
                                 
  SA 2792. Mrs. MURRAY (for herself, Ms. Landrieu, Mr. Schumer, Mrs. 
Clinton, Mr. lautenberg, Mrs. Lincoln, Mr. Durbin, Mr. Cardin, Mr. 
Rockefeller, Mr. Kerry, Mr. Salazar, and Mr. Pryor) proposed an 
amendment SA 2791 proposed by Mrs. Murray to the bill H.R. 3074, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes, as follows:

       In lieu of the matter proposed to be inserted, inset the 
     following:
       ``Sec. 218(a). The Secretary of Transportation may receive 
     and expend cash, or receive and utilize spare parts and 
     similar items, from non-United States Government sources to 
     repair damages to or replace United States Government owned 
     automated track inspection cars and equipment as a result of 
     third party liability for such damages, and any amounts 
     collected under this subsection shall be credited directly to 
     the Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.


                    additional obligation limitation

                           highway trust fund

       (b) For an additional amount of obligation limitation to be 
     distributed for the purpose of section 144(e) of title 23, 
     United States Code, $1,000,000,000; Provided, That such 
     obligation limitation shall be used only for a purpose 
     eligible for obligation with funds apportioned under such 
     section and shall be distributed in accordance with the 
     formula in such section; Provided further, That in 
     distributing obligation authority under this paragraph, the 
     Secretary shall ensure that such obligation limitation shall 
     supplement and not supplant each State's planned obligations 
     for such purposes.''
                                 ______
                                 
  SA 2793. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 109, line 23, strike ``$2,600,000'' and insert 
     ``$5,000,000''.
       On page 113, line 1, strike ``$175,000,000'' and insert 
     ``$172,600,000''.
                                 ______
                                 
  SA 2794. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 3074, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 55, line 13, strike ``106-49'' and insert ``106-
     69''.
                                 ______
                                 
  SA 2795. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3074, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 114, between lines 18 and 19, insert the following:

                      Permanent Supportive Housing

       For the provision of 3,000 units of permanent supportive 
     housing as required under the Road Home Program of the 
     Louisiana Recovery Authority and approved by the Secretary of 
     Housing and Urban Development, $70,000,000, of which 
     $20,000,000 shall be for project-based vouchers under section 
     8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(o)(13)), and $50,000,000 shall be for grants under the 
     Shelter Plus Care Program as authorized under subtitle F of 
     title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11403 et seq.): Provided, That the Secretary of 
     Housing and Urban Development shall, upon request, make funds 
     available under this paragraph to the State of Louisiana or 
     its designee or designees:  Provided further, That 
     notwithstanding any other provision of law, for the purpose 
     of administering the amounts provided under this paragraph, 
     the State of Louisiana or its designee or designees may act 
     in all respects as a public housing agency as defined in 
     section 3(b)(6) of the United States

[[Page S11350]]

     Housing Act of 1937 (42 U.S.C. 1437a(b)(6)): Provided 
     further, That subparagraphs (B) and (D) of section 8(o)(13) 
     of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(o)(13)) shall not apply with respect to vouchers made 
     available under this paragraph: Provided further, That the 
     amounts provided by this paragraph are designated as an 
     emergency requirement pursuant to section 204 of S. Con. Res. 
     21 (110th Congress), the concurrent resolution of the budget 
     for fiscal year 2008.
                                 ______
                                 
  SA 2796. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       On page 147, between lines 8 and 9, insert the following:
       Sec. 414.  None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     Administrator of the Federal Aviation Administration to 
     transfer the design and development functions of the FAA 
     Academy or to implement the Air Traffic Control Optimum 
     Training Solution proposed by the Administrator .
                                 ______
                                 
  SA 2797. Mr. DORGAN (for himself, Mrs. Clinton, Mr. Obama, Mr. Brown, 
Mr. Specter, Mr. Inouye, and Ms. Landrieu) proposed an amendment to the 
bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. __.  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.
                                 ______
                                 
  SA 2798. Ms. KLOBUCHAR (for herself and Mr. Coleman) submitted an 
amendment intended to be proposed by him to the bill H.R. 3074, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 20, between lines 13 and 14, insert the following:


                 I-35W BRIDGE REPAIR AND RECONSTRUCTION

        For necessary expenses to carry out the project for repair 
     and reconstruction of the Interstate I-35W bridge located in 
     Minneapolis, Minnesota, that collapsed on August 1, 2007, as 
     authorized under section 1(c) of Public Law 110-56 (121 Stat. 
     558), $195,000,000, to remain available until expended, 
     Provided, That that amount is designated as an emergency 
     requirement pursuant to section 204 of S. Con. Res. 21 (110th 
     Congress).
                                 ______
                                 
  SA 2799. Mr. REID (for Mr. Obama) submitted an amendment intended to 
be proposed by Mr. Reid to the bill H.R. 3074, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that the contractor or grantee has filed 
     all Federal tax returns required during the three years 
     preceding the certification, has not been convicted of a 
     criminal offense under the Internal Revenue Code of 1986, and 
     has not been notified of any unpaid Federal tax assessment 
     for which the liability remains unsatisfied unless the 
     assessment is the subject of an installment agreement or 
     offer in compromise that has been approved by the Internal 
     Revenue Service and is not in default or the assessment is 
     the subject of a non-frivolous administrative or judicial 
     appeal.
                                 ______
                                 
  SA 2800. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 137, between lines 17 and 18, insert the following:
       Sec. 232.  Paragraph (4) of section 102(a) of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5302) is 
     amended by adding at the end the following new sentence: 
     ``Notwithstanding any other provision of this paragraph, with 
     respect to any fiscal year beginning after the date of the 
     enactment of this sentence, the cities of Alton and Granite 
     City, Illinois, shall be considered metropolitan cities for 
     purposes of this title.''.
                                 ______
                                 
  SA 2801. Mr. CASEY (for himself and Mr. Specter) submitted an 
amendment intended to be proposed by him to the bill H.R. 3074, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 137, between lines 17 and 18, insert the following:
       Sec. 232. (a) Extension.--For fiscal year 2008, the 
     Secretary of Housing and Urban Development shall extend the 
     term of the Moving to Work Demonstration Agreement entered 
     into between a public housing agency and the Secretary under 
     section 204 of the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1996 (as contained in section 101(e) of 
     the Omnibus Consolidated Rescissions and Appropriations Act 
     of 1996; Public Law 104-134) if--
       (1) the public housing agency requests such extension in 
     writing;
       (2) the public housing agency is not at the time of such 
     request for extension in default under its Moving to Work 
     Demonstration Agreement; and
       (3) the Moving to Work Demonstration Agreement to be 
     extended would otherwise expire on or before September 30, 
     2008.
       (b) Terms.--Unless otherwise proposed by the public housing 
     agency and agreed to by the Secretary of Housing and Urban 
     Development, the extension under subsection (a) shall be upon 
     the identical terms and conditions set forth in the existing 
     Moving to Work Demonstration Agreement of the public housing 
     agency seeking such extension, except that for each public 
     housing agency that has been or will be granted an extension 
     to its original Moving to Work Agreement, the Secretary shall 
     require that appropriate data be collected so that the effect 
     of any policy changes to the Moving to Work Demonstration on 
     residents can be measured.
       (c) Extension Period.--The extension under subsection (a) 
     shall be for such period as is requested by the public 
     housing agency, not to exceed 3 years from the date of 
     expiration of the extending agency's existing Moving to Work 
     Demonstration Agreement.
       (d) Breach of Agreement.--Nothing in this section shall be 
     construed to limit the authority of the Secretary of Housing 
     and Urban Development to terminate any Moving to Work 
     Demonstration Agreement of a public housing agency if the 
     public housing agency is in breach of the provisions of such 
     agreement.
                                 ______
                                 
  SA 2802. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the bill H.R. 3074, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 147, between lines 8 and 9, insert the following:
       Sec. 414.  Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Appropriations of the Senate, the 
     Committee on Appropriations of the House of Representatives, 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives, a report 
     detailing how the Federal Aviation Administration plans to 
     alleviate air congestion and flight delays in the New York/
     New Jersey/Philadelphia Airspace.
                                   ____
                                 
  SA 2803. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3074, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 131, strike lines 5 through 20, and insert the 
     following:
       Sec. 220.  Notwithstanding any other provision of law, in 
     fiscal year 2008, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such

[[Page S11351]]

     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.
                                   ____
                                 
  SA 2804. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3074, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 147, after line 11, insert the following:
              TITLE V--PUBLIC HOUSING EQUAL TREATMENT ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Public Housing Equal 
     Treatment Act of 2007''.

     SEC. 502. TREATMENT OF CERTAIN PREVIOUSLY ASSISTED PUBLIC 
                   HOUSING.

       (a) In General.--Section 9 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437g) is amended by adding at the end the 
     following new subsection:
       ``(o) Ensuring Correct Assistance.--Notwithstanding any 
     other provision of law, in determining the allocations for 
     each public housing agency from the Operating and Capital 
     Funds pursuant to this section, the Secretary shall include 
     as dwelling units eligible for such assistance all public 
     housing dwelling units that--
       ``(1) are owned by the public housing agency at the time of 
     such determination; and
       ``(2) before the date of the enactment of the Public 
     Housing Equal Treatment Act of 2007 have received 
     development, operating, capital, or modernization assistance 
     pursuant to the terms of any agreement with Department of 
     Housing and Urban Development authorizing the agency to 
     expend such funds on behalf of such units.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to assistance under section 9 of the 
     United States Housing Act of 1937 for fiscal year 2008 and 
     each fiscal year thereafter.
                                 ______
                                 
  SA 2805. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 3074, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 76, line 23, after ``receivership'' insert ``, 
     including public housing agencies that are under a Memorandum 
     of Agreement, Corrective Action Plan, or other arrangement 
     with the Secretary of Housing and Urban Development to 
     facilitate improvement of their voucher program and that are 
     not in default of such an agreement, plan, or arrangement,''.
                                 ______
                                 
  SA 2806. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 3074, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to Congress that describes the average 
     marginal production cost of making any new passenger 
     automobile with a gross vehicle weight under 10,000 pounds 
     sold in the United States capable of using a flexible fuel 
     mixture.
       (b) In this section, the term ``flexible fuel mixture'' 
     means--
       (1) any mixture of gasoline and ethanol that is up to 85 
     percent ethanol;
       (2) any mixture of gasoline and methanol that is up to 85 
     percent methanol; or
       (3) any mixture of diesel and biodiesel that is 85 percent 
     biodiesel, as measured by volume.
                                 ______
                                 
  SA 2807. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3074, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the sections under the heading ``General 
     Provisions'' at the end of title I, add the following:
       Sec. 1__. (a) Notwithstanding sections 109, 111, 131, and 
     402 of title 23, United States Code (including regulations 
     promulgated to carry out those sections), none of the funds 
     made available by this Act may be used by the Secretary of 
     Transportation to withhold funds provided by this Act from 
     any State for the implementation of any program under which a 
     State, or any of the agents, designees, or lessees of the 
     State, acknowledges roadside maintenance by a non-State 
     entity through living plant materials that are arranged to 
     identify the name or logo of the non-State entity providing 
     the maintenance.
       (b) Any funds paid to a State under a program described in 
     subsection (a) shall be--
       (1) considered to be State funds (as defined in section 
     101(a) of title 23, United States Code); and
       (2) made available for expenditure under the direct control 
     of the applicable State transportation department (as defined 
     in section 101(a) of title 23, United States Code).

                          ____________________