S.Amdt. 2843Senate110th Congress (2007-2009)

S.Amdt. 2843

Sponsored by Tom CoburnSen. Tom Coburn (R-OK)
Submitted September 11, 2007

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Senate amendment submitted

September 11, 2007

Text

Submitted

TEXT OF AMENDMENTS

SA 2808. Mr. CORNYN (for himself and Mr. Inhofe) 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. __. (a) Findings.--The Senate makes the following
findings:
(1) The Senate unanimously confirmed General David H.
Petraeus as Commanding General, Multi-National Force-Iraq, by
a vote of 81-0 on January 26, 2007.
(2) General Petraeus graduated first in his class at the
United States Army Command and General Staff College.
(3) General Petraeus earned Masters of Public
Administration and Doctoral degrees in international
relations from Princeton University.
(4) General Petraeus has served multiple combat tours in
Iraq, including command of the 101st Airborne Division (Air
Assault) during combat operations throughout the first year
of Operation Iraqi Freedom, which tours included both major
combat operations and subsequent stability and support
operations.
(5) General Petraeus supervised the development and
crafting of the United States Army and Marine Corps
counterinsurgency manual based in large measure on his combat
experience in Iraq, scholarly study, and other professional
experiences.
(6) General Petraeus has taken a solemn oath to protect and
defend the Constitution of the United States of America.
(7) During his 35-year career, General Petraeus has amassed
a distinguished and unvarnished record of military service to
the United States as recognized by his receipt of a Defense
Distinguished Service Medal, two

[[Page S11420]]

Distinguished Service Medals, two Defense Superior Service
Medals, four Legions of Merit, the Bronze Star Medal for
valor, the State Department Superior Honor Award, the NATO
Meritorious Service Medal, and other awards and medals.
(8) A recent attack through a full-page advertisement in
the New York Times by the liberal activist group, Moveon.org,
impugns the honor and integrity of General Petraeus and all
the members of the United States Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to reaffirm its support for all the men and women of
the United States Armed Forces, including General David H.
Petraeus, Commanding General, Multi-National Force-Iraq;
(2) to strongly condemn any effort to attack the honor and
integrity of General Petraeus and all the members of the
United States Armed Forces; and
(3) to specifically repudiate the unwarranted personal
attack on General Petraeus by the liberal activist group
Moveon.org.
______

SA 2809. Mr. REED 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 95, line 6, strike the period, and insert ``:
Provided further, That, such funds may, for fiscal year 2008,
be used to guarantee and make commitments to guarantee the
notes or other obligations issued by a State for the purposes
described in paragraphs (1) through (6) of section 108(a),
only if the State agrees to distribute all funds subject to
such guarantee or commitment to units of general local
government in nonentitlement areas under the distribution
plan established under section 106(d) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306)(d)).''
______

SA 2810. Mr. COBURN 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 70, between lines 20 and 21, insert the following:
Sec. 194. (a) Except as provided under subsection (b), none
of the funds appropriated or otherwise made available under
this title may be used for any earmark until all bridges in
the United States that are classified under the Federal
Highway Administration's bridge inspection program, as of the
date of the enactment of this Act, as ``structurally
deficient'' or ``functionally obsolete'' have been
sufficiently repaired to no longer meet the criteria for such
classifications.
(b) Funds appropriated under this title may be used for an
earmark that is designated to repair--
(1) a bridge that is classified as ``structurally
deficient'' or ``functionally obsolete''; or
(2) a road with ride quality that is not classified as
``good'' or ``acceptable''.
(c) In this section, the term ``earmark'' means a provision
or report language providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State,
locality or Congressional district, other than through a
statutory or administrative formula-driven or competitive
award process.
______

SA 2811. Mr. COBURN 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:

At the appropriate place, insert the following:
Sec. __.  None of the funds made available under this Act
may be spent for bicycle paths or bicycle trails.
______

SA 2812. Mr. COBURN 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:

At the appropriate place, insert the following:
Sec. 232.  Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be made available for facility renovation at the
International Peace Garden in Dunseith, North Dakota;
Provided, That the amount made available for grants for the
Economic Development Initiative is reduced by $450,000, and
the amount made available for the Community Development Fund
is reduced by $450,000.
______

SA 2813. Mr. COBURN 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:

At the appropriate place, insert the following:
Sec. ___.  Notwithstanding any other provision of Act, no
funds made available under this Act may be used to carry out
any activity relating to the design or construction of the
America's Wetland Center in Lake Charles, Louisiana, until
the date on which the Secretary of Housing and Urban
Development, in consultation with the Administrator of the
Federal Emergency Management Agency and the State of
Louisiana, certifies to Congress that all residents of the
State of Louisiana who were displaced as a result of
Hurricane Katrina or Rita in 2005 are no longer living in
temporary housing.
______

SA 2814. Mr. COBURN 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:

At the appropriate place, insert the following:
Sec. ___.  Notwithstanding any other provision of this
Act--
(1) none of the funds made available by this Act may be
used for the construction of a new baseball stadium that is
replacing Cobb Field in Billings, Montana;
(2) the amount made available by this Act for grants for
the Economic Development Initiative is reduced by $500,000;
and
(3) the amount made available by this Act for the Community
Development Fund is reduced by $500,000.
______

SA 2815. Mr. COBURN 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 appropriate place, insert the following:
Sec. ___.  Notwithstanding any other provision of this
Act--
(1) none of the funds made available by this Act may be
used for the construction of the Peoria Riverfront Museum in
Peoria, Illinois;
(2) the amount made available by this Act for grants for
the Economic Development Initiative is reduced by $250,000;
and
(3) the amount made available by this Act for the
Community Development Fund is reduced by $250,000.
______

SA 2816. Ms. KLOBUCHAR (for herself and Mr. Coleman) 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 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), up to $195,000,000, as documented by the
Minnesota Department of Transportation, to remain available
until expended, Provided, That that amount is designated as
an emergency requirement pursuant to section 204 of S. Con.
Res. 21 (110th Congress): Provided further, That the Federal
share of the costs of any project funded using amounts made
available under this section shall be 100 percent in
accordance with section 1(b) of Public Law 110-56 (121 Stat.
588).
______

SA 2817. Mr. SANDERS (for himself and Mr. Leahy) 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 87, line 9, strike the period and insert the
following: Provided further, That, notwithstanding any other
provision of law or regulation, or any independent decision
of

[[Page S11421]]

the Secretary, during fiscal year 2008, the Secretary shall,
in accordance with part 905.10(j) of title 24, Code of
Federal Regulations and from amounts made available under
this heading, award performance bonuses to public housing
agencies that are designated high performers under the Public
Housing Assessment System for the 2007 fiscal year.''.
______

SA 2818. Mr. DURBIN (for himself, Ms. Snowe, Mr. Kohl, Ms. Collins,
and Mr. Kerry) 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.  Notwithstanding any other provision of law, a
public housing agency that operates fewer than 250 units of
federally subsidized public housing may elect, in lieu of
converting to asset management, to permanently limit the
agency's loss of public housing Operating Fund subsidy under
the formula established in the final rule published by the
Department of Housing and Urban Development on September 19,
2005, by reducing the agency's subsidy each year in an amount
equal to 5 percent of the amount of Operating Fund subsidy
the agency would have received in calendar year 2006 under
the formula in effect immediately prior to the effective date
of such final rule.
______

SA 2819. Mr. DORGAN (for himself and Mr. Conrad) 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 109, line 13, strike ``$59,040,000'' and insert
``$61,440,000''.
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 2820. 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; as follows:

On page 70, line 7, insert ``potatoes, specialty crops,''
after ``ethanol,''.
______

SA 2821. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle C of title IX, add the following:

SEC. 937. PHYSICIANS AND HEALTH CARE PROFESSIONALS
COMPARABILITY ALLOWANCES.

(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1599. Physicians and health care professionals
comparability allowances

``(a) Authority To Provide Allowances.--(1)
Notwithstanding any other provision of law, and in order to
recruit and retain highly qualified Department of Defense
physicians and Department of Defense health care
professionals, the Secretary of Defense may, subject to the
provisions of this section, enter into a service agreement
with a Department of Defense physician or a Department of
Defense health care professional which provides for such
physician or health care professional to complete a specified
period of service in the Department of Defense in return for
an allowance for the duration of such agreement in an amount
to be determined by the Secretary and specified in the
agreement, but not to exceed--
``(A) in the case of a Department of Defense physician--
``(i) $25,000 per annum if, at the time the agreement is
entered into, the Department of Defense physician has served
as a Department of Defense physician for 24 months or less;
or
``(ii) $40,000 per annum if the Department of Defense
physician has served as a Department of Defense physician for
more than 24 months; and
``(B) in the case of a Department of Defense health care
professional--
``(i) an amount up to $5,000 per annum if, at the time
the agreement is entered into, the Department of Defense
health care professional has served as a Department of
Defense health care professional for less than 10 years;
``(ii) an amount up to $10,000 per annum if, at the time
the agreement is entered into, the Department of Defense
health care professional has served as a Department of
Defense health care professional for at least 10 years but
less than 18 years; or
``(iii) an amount up to $15,000 per annum if, at the time
the agreement is entered into, the Department of Defense
health care professional has served as a Department of
Defense health care professional for 18 years or more.
``(2)(A) For the purpose of determining length of service
as a Department of Defense physician, service as a physician
under section 4104 or 4114 of title 38 or active service as a
medical officer in the commissioned corps of the Public
Health Service under Title II of the Public Health Service
Act (42 U.S.C. 202 et seq.) shall be deemed service as a
Department of Defense physician.
``(B) For the purpose of determining length of service as
a Department of Defense health care professional, service as
a nonphysician health care provider, psychologist, or social
worker while serving as an officer described under section
302c(d)(1) of title 37 shall be deemed service as a
Department of Defense health care professional.
``(b) Certain Physicians and Professionals Ineligible.--
An allowance may not be paid under this section to any
physician or health care professional who--
``(1) is employed on less than a half-time or
intermittent basis;
``(2) occupies an internship or residency training
position; or
``(3) is fulfilling a scholarship obligation.
``(c) Covered Categories of Positions.--The Secretary of
Defense shall determine categories of positions applicable to
physicians and health care professionals within the
Department of Defense with respect to which there is a
significant recruitment and retention problem for purposes of
this section. Only physicians and health care professionals
serving in such positions shall be eligible for an allowance
under this section. The amounts of each such allowance shall
be determined by the Secretary, and shall be the minimum
amount necessary to deal with the recruitment and retention
problem for each such category of physicians and health care
professionals.
``(d) Period of Service.--Any agreement entered into by a
physician or health care professional under this section
shall be for a period of one year of service in the
Department of Defense unless the physician or health care
professional requests an agreement for a longer period of
service.
``(e) Repayment.--Unless otherwise provided for in the
agreement under subsection (f), an agreement under this
section shall provide that the physician or health care
professional, in the event that such physician or health care
professional voluntarily, or because of misconduct, fails to
complete at least one year of service under such agreement,
shall be required to refund the total amount received under
this section unless the Secretary of Defense determines that
such failure is necessitated by circumstances beyond the
control of the physician or health care professional.
``(f) Termination of Agreement.--Any agreement under this
section shall specify the terms under which the Secretary of
Defense and the physician or health care professional may
elect to terminate such agreement, and the amounts, if any,
required to be refunded by the physician or health care
professional for each reason for termination.
``(g) Construction With Other Authorities.--(1) An
allowance paid under this section shall not be considered as
basic pay for the purposes of subchapter VI and section 5595
of chapter 55 of title 5, chapter 81 or 87 of title 5, or
other benefits related to basic pay.
``(2) Any allowance under this section for a Department
of Defense physician or Department of Defense health care
professional shall be paid in the same manner and at the same
time as the basic pay of the physician or health care
professional is paid.
``(h) Annual Report.--Not later than June 30 each year,
the Secretary of Defense shall submit to Congress a written
report on the operation of this section during the preceding
year. Each report shall include, with respect to the year
covered by such report, information as to--
``(1) the nature and extent of the recruitment or
retention problems justifying the use by the Department of
Defense of the authority under this section;
``(2) the number of physicians and health care
professionals with whom agreements were entered into by the
Department of Defense;
``(3) the size of the allowances and the duration of the
agreements entered into; and
``(4) the degree to which the recruitment or retention
problems referred to in paragraph (1) were alleviated under
this section.
``(i) Definitions.--In this section:
``(1) The term `Department of Defense health care
professional' means any individual employed by the Department
of Defense who is a qualified health care professional
employed as a health care professional and paid under any
provision of law specified in subparagraphs (A) through (G)
of paragraph (2).
``(2) The term `Department of Defense physician' means
any individual employed by the Department of Defense as a
physician or dentist who is paid under a provision or
provisions of law as follows:
``(A) Section 5332 of title 5, relating to the General
Schedule.

[[Page S11422]]

``(B) Subchapter VIII of chapter 53 of title 5, relating
to the Senior Executive Service.
``(C) Section 5371 of title 5, relating to certain health
care positions.
``(D) Section 5376 of title 5, relating to certain
senior-level positions.
``(E) Section 5377 of title 5, relating to critical
positions.
``(F) Subchapter IX of chapter 53 of title 5, relating to
special occupational pay systems.
``(G) Section 9902 of title 5, relating to the National
Security Personnel System.
``(3) The term `qualified health care professional' means
any individual who is--
``(A) a psychologist who meets the Office of Personnel
Management Qualification Standards for the Occupational
Series of Psychologist as required by the position to be
filled;
``(B) a nurse who meets the applicable Office of
Personnel Management Qualification Standards for the
Occupational Series of Nurse as required by the position to
be filled;
``(C) a nurse anesthetist who meets the applicable Office
of Personnel Management Qualification Standards for the
Occupational Series of Nurse as required by the position to
be filled;
``(D) a physician assistant who meets the applicable
Office of Personnel Management Qualification Standards for
the Occupational Series of Physician Assistant as required by
the position to be filled;
``(E) a social worker who meets the applicable Office of
Personnel Management Qualification Standards for the
Occupational Series of Social Worker as required by the
position to be filled; or
``(F) any other health care professional designated by
the Secretary of Defense for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by adding at
the end the following new item:

``1599e. Physicians and health care professionals comparability
allowances.''.
______

SA 2822. Mr. MENENDEZ 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 folows:

On page 87, strike line 10 and all that follows through
page 113, line 9, and insert the following:

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)), $4,300,000,000; of which
$5,940,000 shall be for technical assistance related to the
transition and implementation of asset-based management in
public housing: Provided, That, in fiscal year 2008 and all
fiscal years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public
housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.

Revitalization of Severely Distressed Public Housing (Hope VI)

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

Native American Housing Block Grants

(including transfer of funds)

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

native hawaiian housing block grant

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

Indian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

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

Native Hawaiian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

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

Community Planning and Development

OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND
DEVELOPMENT

SALARIES AND EXPENSES

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

COMMUNITY PLANNING AND DEVELOPMENT SALARIES AND EXPENSES

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

Housing Opportunities for Persons With AIDS

(including transfer of funds)

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

Rural Housing and Economic Development

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

Community Development Fund

(including transfer of funds)

For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,060,000,000, to remain
available until September 30, 2010, unless otherwise
specified: Provided, That of the amount provided,
$3,705,430,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et

[[Page S11423]]

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
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

[[Page S11424]]

projects: Provided further, That not to exceed $1,400,000 of
the total amount made available under this heading may be
transferred to the Working Capital Fund: Provided further,
That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration.

Housing for Persons With Disabilities

(including transfer of funds)

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

other assisted housing programs

rental housing assistance

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

(rescission)

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

Flexible Subsidy Fund

(transfer of funds)

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

Manufactured Housing Fees Trust Fund

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

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

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

General and Special Risk Program Account

(including transfers of funds)

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

Government National Mortgage Association

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

SALARIES AND EXPENSES

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

Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

(including transfer of funds)

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

Policy Development and Research

OFFICE OF THE ASSISTANT SECRETARY FOR POLICY DEVELOPMENT AND RESEARCH

SALARIES AND EXPENSES

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

POLICY DEVELOPMENT AND RESEARCH SALARIES AND EXPENSES

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

Research and Technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $59,040,000, to remain
available until September 30, 2009: Provided, That of the
total amount provided

[[Page S11425]]

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, $75,000,000, 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.
______

SA 2823. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Menendez, Mr.
Lieberman, Mr. Lautenberg, Mr. Dodd, and Mr. Casey) 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; 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 by August 31, 2008.
______

SA 2824. Mr. GRASSLEY (for himself, Mr. Vitter, Mr. Crapo, and Mr.
Thune) 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:

In section 187 under the heading ``General Provisions'' of
title I, insert ``and any Member of Congress representing any
affected State or district'' after ``Appropriations''.
______

SA 2825. Mrs. HUTCHISON (for herself and Mr. Cornyn) 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; as follows:

At the end of the sections under the heading ``General
Provisions'' at the end of title I, add the following:

SEC. 1__. PROHIBITION ON IMPOSITION AND COLLECTION OF TOLLS
ON CERTAIN HIGHWAYS CONSTRUCTED USING FEDERAL
FUNDS.

(a) Definitions.--In this section:
(1) Federal highway facility.--
(A) In general.--The term ``Federal highway facility''
means--
(i) any highway, bridge, or tunnel on the Interstate System
that is constructed using Federal funds; or
(ii) any United States highway.
(B) Exclusion.--The term ``Federal highway facility'' does
not include any right-of-way for any highway, bridge, or
tunnel described in subparagraph (A).
(2) Tolling provision.--The term ``tolling provision''
means--
(A) section 129 of title 23, United States Code;
(B) section 1216(b) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 212);
(C) section 1604(b) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (23
U.S.C. 129 note; 119 Stat. 1250); and
(D) section 1012(b)(4) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938).
(b) Prohibition.--
(1) In general.--None of the funds made available by this
Act shall be used to consider or approve an application to
permit the imposition or collection of any toll on any
portion of a Federal highway facility--
(A)(i) that is in existence on the date of enactment of
this Act; and
(ii) on which no toll is imposed or collected under a
tolling provision on that date of enactment; or
(B) that would result in the Federal highway facility
having fewer non-toll lanes than before the date on which the
toll was first imposed or collected.
(2) Exemption.--Paragraph (1) shall not apply to the
imposition or collection of a toll on a Federal highway
facility--
(A) on which a toll is imposed or collected under a tolling
provision on the date of enactment of this Act; or
(B) that is constructed, under construction, or the subject
of an application for construction submitted to the
Secretary, after the date of enactment of this Act.
(c) State Buy-Back.--None of the funds made available by
this Act shall be used to impose or collect a toll on a
Federal highway facility that is purchased by a State on or
after the date of enactment of this Act.
______

SA 2826. Mr. MENENDEZ (for himself and 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; as follows:

On page 18, between lines 2 and 3, insert the following:

[[Page S11426]]

Sec. 116. (a) Government Accountability Office Study and
Report on Flight Delays.--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 for the New York/New Jersey/Philadelphia
Metropolitan Airspace Redesign until the Comptroller General
of the United States submits the report required by
subsection (c).
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study on the efficacy of strategies employed by the
Administrator of the Federal Aviation Administration and the
Secretary of Transportation to address flight delays at
airports in the United States.
(2) Contents.--The study required by paragraph (1) shall
include an assessment of--
(A) efforts by the Administrator of the Federal Aviation
Administration to induce voluntary schedule reductions by air
carriers at Chicago O'Hare International Airport;
(B) the mandatory flight reduction operations instituted by
the Administrator of the Federal Aviation Administration at
LaGuardia Airport and Ronald Reagan Washington National
Airport;
(C) the New York/New Jersey/Philadelphia Metropolitan
Airspace Redesign; and
(D) any other significant efforts by the Administrator of
the Federal Aviation Administration or the Secretary of
Transportation to reduce flight delays at airports in the
United States.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report including--
(1) the results of the study required by subsection (b);
and
(2) recommendations regarding which of the strategies
described in subsection (b) reduce airport delays most
effectively when employed for periods of 6 months or less.
______

SA 2827. Mr. MENENDEZ (for himself and 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 18, between lines 2 and 3, insert the following:
Sec. 116. (a) Study of New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign.--Not later than 120 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a study of the New
York/New Jersey/Philadelphia Metropolitan Area Airspace
Redesign to determine whether such redesign will meet the
targets set by the Federal Aviation Administration of--
(1) a 20 percent reduction of air travel delays in such
airspace by 2011; and
(2) eliminating exposure to aircraft noise for not less
than 500,000 people in such metropolitan area.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report setting forth the
findings of the Comptroller General with respect to the study
required by subsection (a).
(c) Reversion to Previous Airspace Design.--If the report
submitted to Congress in accordance with subsection (b)
contains a finding by the Comptroller General that the
targets specified in subsection (a) will not be met by the
New York/New Jersey/Philadelphia Metropolitan Area Airspace
Redesign, the Administrator of the Federal Aviation
Administration shall immediately revert the New York/New
Jersey/Philadelphia Metropolitan Area airspace design to the
airspace design for such area in effect on September 1, 2007.
______

SA 2828. Mr. MENENDEZ (for himself and 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 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 to
implement the airspace redesign alternative preferred by the
Federal Aviation Administration with respect to the New York/
New Jersey/Philadelphia Airspace Redesign Project.
______

SA 2829. Mr. MENENDEZ (for himself and 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; as follows:

On page 18, between lines 2 and 3, insert the following:
Sec. 116. (a) Government Accountability Office Study on
Flight Delays.--
(1) In general.--The Comptroller General shall conduct a
study on the efficacy of strategies employed by the
Administrator of the Federal Aviation Administration and the
Secretary of Transportation to address flight delays at
airports in the United States.
(2) Contents.--The study required by paragraph (1) shall
include an assessment of--
(A) efforts by the Administrator of the Federal Aviation
Administration to induce voluntary schedule reductions by air
carriers at Chicago O'Hare International Airport;
(B) the mandatory flight reduction operations instituted by
the Administrator of the Federal Aviation Administration at
LaGuardia Airport and Ronald Reagan Washington National
Airport;
(C) the New York/New Jersey/Philadelphia Metropolitan
Airspace Redesign; and
(D) any other significant efforts by the Administrator of
the Federal Aviation Administration or the Secretary of
Transportation to reduce flight delays at airports in the
United States.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report including--
(1) the results of the study required by subsection (a);
and
(2) recommendations regarding which of the strategies
described in subsection (a) reduce airport delays most
effectively when employed for periods of 6 months or less.
______

SA 2830. Mrs. McCASKILL 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; as follows:

At the appropriate place, insert the following:
Sec. ___.  Not later than 30 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall establish and maintain on the homepage of
the Internet website of the Department of Housing and Urban
Development--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Housing and Urban
Development; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the
Department of Housing and Urban Development.
______

SA 2831. Mrs. McCASKILL 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; as follows:

At the appropriate place, insert the following:
Sec. ___.  Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish and maintain on the homepage of the Internet
website of the Department of Transportation--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Transportation; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the
Department of Transportation.
______

SA 2832. Mr. BOND (for himself, Mr. Dodd, and Mr. Kerry) 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 95, after the period at the end of line 25, begin
with the following new paragraph:
Of the overall funds made available for this account, up to
$100,000,000 may be made available for mortgage foreclosure
mitigation activities, under the following terms and
conditions:
(1) The Secretary of Housing and Urban Development
(``Secretary,'' ``the Department'') is authorized to provide,
or contract with public, private or nonprofit entities
(including the Neighborhood Reinvestment Corporation and
Housing Finance Agencies) to make awards (with up to a 25
percent match by an entity of the amount made available to
such entity) (except for the match, some or all of the award
may be repayable by the contractor to the Secretary, upon
terms determined by the Secretary) to provide mitigation
assistance to eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure, including mortgages known as
subprime mortgages;
(2) These loss mitigation activities shall only be made
available to homebuyers with mortgages in default or in
danger of default where such activities are likely to ensure
the

[[Page S11427]]

long-term affordability of any mortgage retained pursuant to
such activity; No Federal funds made available under this
paragraph may be provided directly to lenders or homeowners
for foreclosure mitigation assistance. An entity may use its
own funds (including its match contribution) for foreclosure
mitigation assistance subject to repayment requirements and
the regulations issued by the Secretary;
(3) Loss mitigation activities shall involve a reasonable
analysis of the borrower's financial situation, an evaluation
of the current value of the property that is subject to the
mortgage, the possible purchase of the mortgage, refinancing
opportunities or the approval of a work-out strategy by all
interested parties, and an assessment of the feasibility of
the following measures, including:
(I) waiver of any late payment change or, as applicable,
penalty interest;
(II) forbearance pursuant to the written agreement between
the borrower and servicer providing for a temporary reduction
in monthly payments followed by a reamortization and new
payment schedule that includes any arrearage;
(III) waiver, modification, or variation of any term of a
mortgage, including modification that changes the mortgage
rate, including the possible elimination of the adjustable
rate mortgage requirements, forgiving the payment of
principal and interest, extending the final maturity rate of
such mortgage, or beginning to include an escrow for taxes
and insurance;
(IV) acceptance of payment from the homebuyer of an amount
less than the stated principal balance in financial
satisfaction of such mortgage;
(V) assumption;
(VI) pre-foreclosure sale;
(VII) deed in lieu of foreclosure; and
(VIII) such other measures, or combination of measures, to
make the mortgage both feasible and reasonable to ensure the
long-term affordability of any mortgage retained pursuant to
such activity.
(4) Activities described in subclasses (V), (VI), and (VII)
shall be only pursued after a reasonable evaluation of the
feasibility of the activities described in subclasses (I),
(II), (III), (IV), and (VIII), based on the homeowner's
circumstances.
(5) The Secretary shall develop a listing of mortgage
foreclosure mitigation entities with which it has agreements
as well as a listing of counseling centers approved by the
Secretary, with the understanding that an eligible mortgage
foreclosure mitigation entity may also operate as a
counseling center.
(6) Any mitigation funds recovered by the Department of
Housing and Urban Development shall be revolved back into the
overall mitigation fund or for other counseling activities,
maintained by the Department and revolved back into
mitigation and counseling activities
(7) The Department shall report annually to the Congress on
its efforts to mitigate mortgage default. Such report shall
identify all methods of success and housing preserved and
shall include all recommended efforts that will or likely can
assist in the success of this program.
______

SA 2833. 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:

At the appropriate place, insert the following:
Sec. ___. Sense of the Senate.
(a) Findings.--The Senate finds that:
(1) Millions of American families are at risk of losing
their homes in foreclosure as their adjustable-rate subprime
loans have reset or will reset in the near future.
(2) Based on recent housing data, the current foreclosure
crisis is likely just the tip of the iceberg, as nearly
2,000,000 adjustable-rate subprime mortgages are scheduled to
reset by the end of 2008.
(3) Rising foreclosures in a weak housing market could
cause an accelerating decline in home values as more houses
come on the market for resale (either from their owners or as
the result of foreclosures), and if such a situation
develops, the United States may see additional declines in
home prices and negative effects on the Nation's economy.
(4) Foreclosures have a significant negative impact, not
only on the borrower and lender, but also on neighboring
homeowners and the surrounding community because of lower
property values, decreased property tax revenues, and higher
municipal maintenance costs.
(5) A cost-effective way of preventing foreclosures is to
engage experienced nonprofit organizations in the
negotiations between borrowers and lenders for loan
modifications and refinancings.
(6) Many of these nonprofits are already overwhelmed by
requests for assistance, with some having received as many
requests for assistance in the first 6 months of this year as
they did in all of last year.
(7) It is essential that the capacity of these qualified
housing counselors be increased with additional funding,
especially in light of increasing evidence that some
homeowners are falling victim to fraudulent mortgage
foreclosure avoidance schemes.
(8) The Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate has recognized the need for
increased funding for foreclosure-avoidance nonprofits by
providing in this Act $100,000,000 for these efforts.
(9) The Federal Government cannot solve this problem by
itself, and the efforts of others, particularly those banks
and mortgage servicers that have the ability, through loan
modifications and refinancings, to help homeowners avoid
foreclosures, are essential to addressing this problem.
(b) Sense of the Senate.--It is the sense of the Senate
that the subprime crisis poses a danger to the housing market
and the economy as a whole, and efforts and resources at all
levels of government and in the private sector should be
devoted to alleviating this ongoing problem that threatens
millions of American families and their homes.
______

SA 2834. Mr. MENENDEZ 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 73, line 8, strike ``$252,010,000'' and insert
``$251,630,000''.
On page 110, line 23, strike ``$52,000,000'' and insert
``$52,380,000''.
On page 111, line 6, strike the period and insert the
following: ``: Provided further, That of the funds made
available under this heading, $380,000 shall be available to
the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other
programs that support the assistance of persons with limited
english proficiency in utilizing the services provided by the
Department of Housing and Urban Development.''.
______

SA 2835. Mrs. FEINSTEIN 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 137, between lines 17 and 18, insert the following:
Sec. 232. The Secretary of Housing and Urban Development
shall give priority consideration to applications from the
housing authorities of the Counties of San Bernardino and
Santa Clara and the City of San Jose, California to
participate in the Moving to Work Demonstration Agreement
under section 204 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): Provided, That upon turnover,
existing requirements on the reissuance of section 8 vouchers
shall be maintained to ensure that not less than 75 percent
of all vouchers shall be made available to extremely low-
income families.
Sec. 233. The Secretary of Housing and Urban Development
may, notwithstanding any other provision of law, approve
additional Moving to Work Demonstration Agreements, which are
entered into between a public housing agency that is not
currently under receivership 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), but at no time may the number of active
Moving to Work Demonstration Agreements exceed 32.
______

SA 2836. 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. SENSE OF THE SENATE REGARDING FEDERAL AVIATION
ADMINISTRATION EQUIPMENT.

(a) Findings.--The Senate makes the following findings:
(1) The American public relies on the air traffic control
infrastructure for its safety and American commerce is
dependent on it for its continued health.
(2) The delays in modernization of technology by the
Federal Aviation Administration have put both safety and
commerce at risk.
(3) Safety must be first and foremost on the Federal
Aviation Administration agenda when it comes to implementing
modernization plans.
(4) So far this year, there have been 339 potential
catastrophes, incidents where planes got too close to each
other or to objects on the ground.

[[Page S11428]]

(5) As recently as August 16, a passenger jet on the runway
at Los Angeles International Airport came within just 37 feet
of another aircraft.
(6) In addition to safety, dependability is vital to
American commerce.
(7) More than 909,000 flights were delayed between January
and June 2007, twice the number of flights that were delayed
in 2002.
(8) United States airlines canceled more than 30,000
flights in the summer of 2007, nearly twice as many as were
canceled in the summer of 2006.
(9) The Federal Aviation Administration recorded 159,000
delays from June through August 27, up 19 percent over the
same period last year.
(10) The Federal Aviation Administration predicts
1,000,000,000 passengers a year will take to the skies by
2015, a 36 percent increase from the current level.
(11) The initial implementation date for the next
generation technology was scheduled to be 2014, but the
Federal Aviation Administration has delayed that date to
2025.
(12) The Subcommittee on Transportation and Housing and
Urban Development, and Related Agencies of the Committee on
Appropriations of the Senate has appropriated funds for the
modernization of the air traffic control system in this Act.
(b) Sense of the Senate.--It is the sense of the Senate
that the Federal Aviation Administration should fully utilize
the funds appropriated to expedite the implementation of the
next generation technology needed to modernize the equipment
used by the Federal Aviation Administration and to triple the
system capacity of the national airspace reducing delays and
enhancing safety.
______

SA 2837. Ms. SNOWE (for herself and Mr. Carper) 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; as follows:

On page 70, between lines 20 and 21, insert the following:
Sec. 1__.  In providing funding for highway projects, the
Secretary of Transportation shall consider the use of
recycled aggregates and other materials, including reused
concrete and asphalt, in highway projects, to the maximum
extent practicable and whenever economically feasible.
______

SA 2838. Mr. SPECTER (for himself and Mr. Casey) 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 70, between lines 20 and 21, insert the following:
Sec. 1__.  The table contained in section 1103(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2027) is amended in item number 3 by inserting ``,
upgrade of Freedom Crider Road in Beaver County,
Pennsylvania, and redesignation of Route 60 as Interstate 376
in Beaver County, Pennsylvania'' after ``Construction of
Aliquippa Ambridge Bridge of Beaver County, Pennsylvania''.
______

SA 2839. Mr. MARTINEZ (for himself and Mr. Allard) 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 95, line 25, strike the period and insert the
following: ``: Provided further, That, from amounts
appropriated or otherwise made available under this heading,
$25,000,000 shall be made available to promote broader
participation in homeownership through the American Dream
Downpayment Initiative, as such initiative is set forth under
section 271 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12821).''.
______

SA 2840. Mr. VITTER 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 70, between lines 20 and 21, insert the following:
Sec. 1__.  Of the amounts made available under the heading
``capital and debt service grants to the national railroad
passenger corporation'', not less than $3,000,000 shall be
made available for the Greater Ouachita Port and Intermodal
Facility, Louisiana.
______

SA 2841. Mr. KENNEDY (for himself and Mr. Kerry) 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.  The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended--
(1) in item number 451--
(A) by striking ``Design and Construction of parking
areas'' and inserting ``for an energy efficient visitors
center, design and construction of parking areas, and repair
and regrade of White Pond Road''; and
(B) by striking ``$420,000'' and inserting ``$1,720,000'';
and
(2) in item number 2886, by striking ``$1,500,000'' and
inserting ``$200,000''.
______

SA 2842. Mr. CORNYN 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 70, between lines 20 and 21, insert the following:
Sec. 194. (a) Not less frequently than once every 3 months,
the Secretary of Transportation shall inspect every
commercial motor vehicle authorized to enter the United
States through the demonstration program to ensure that every
participating commercial motor vehicle complies with all
applicable safety standards established for United States
commercial motor vehicles.
(b) The Secretary of Transportation shall conduct an on-
site preauthorization safety audit of every motor carrier
domiciled in Mexico that participates in the demonstration
program to ensure compliance with all applicable safety
standards established for motor carriers domiciled in the
United States.
(c) The Secretary of Transportation shall verify, at the
point of entry, the safety compliance of every motor vehicle
and motor vehicle operator that enters the United States
through the demonstration program to ensure that every motor
vehicle and motor vehicle operator meets all applicable
safety standards established for United States commercial
motor vehicles and motor vehicle operators.
(d)(1) Not later than 120 days after the commencement of
the demonstration program, the Inspector General of the
Department of Transportation shall submit a certification to
Congress that the Secretary of Transportation is in
compliance with this section.
(2) No funds made available under this Act may be used for
the demonstration program if the Inspector General fails to
submit the certification required under paragraph (1).
(e)(1) Not later than 60 days before implementing a cross-
border motor carrier inspection program based on the
demonstration program, the Secretary of Transportation shall
submit written notification that describes the Secretary's
intention to implement the inspection program to--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Transportation and Infrastructure of
the House of Representatives.
(2) The Secretary may not implement the inspection program
if Congress passes a law that terminates the program.
(f) In this section--
(1) the term ``commercial zones'' means the commercial
zones along the international border between the United
States and Mexico; and
(2) the term ``demonstration program'' means the cross-
border motor carrier demonstration program that authorizes
motor carriers domiciled in Mexico to operate beyond the
commercial zones along the international border between the
United States and Mexico.
(g) Of the amounts appropriated for the Office of the
Secretary under this title, sufficient funds shall be made
available to the Secretary of Transportation to carry out
this section.
______

SA 2843. Mr. COBURN 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 appropriate place, insert the following:
Sec. 194. (a) Except as provided under subsection (b), none
of the funds appropriated or otherwise made available under
this title may be used for any earmark until all

[[Page S11429]]

bridges in the United States that are classified under the
Federal Highway Administration's bridge inspection program,
as of the date of the enactment of this Act, as
``structurally deficient'' or ``functionally obsolete'' have
been sufficiently repaired to no longer meet the criteria for
such classifications.
(b) Funds appropriated under this title may be used for an
earmark that is designated to repair--
(1) a bridge that is classified as ``structurally
deficient'' or ``functionally obsolete''; or
(2) a road with ride quality that is not classified as
``good'' or ``acceptable''.
(c) In this section, the term ``earmark''--
(1) means a provision or report language providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or other
spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality or
Congressional district, other than through a statutory or
administrative formula-driven or competitive award process;
and
(2) does not include any provision that provides funding
for a specific mass transit project.
______

SA 2844. Mr. DeMINT 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 appropriate place, insert the following:

SEC. __. NONAPPLICATION OF PROVISIONS.

None of the funds made available by this Act may be used to
implement the provisions, or make payments subject to the
provisions, of subchapter IV of part A of chapter 31 of title
40, United States Code, with respect to a contract for the
construction or maintenance of any bridge which, as of the
date of enactment of this Act, is classified under the
Federal Highway Administration's bridge inspection program as
``structurally deficient'' or ``functionally obsolete''.
______

SA 2845. Mr. STEVENS (for himself, Mr. Inouye, and 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 16, beginning with line 8, strike through line 2 on
page 18, and insert the following:

SEC. 115. MULTICREW COVERED OPERATIONS SERVICE BY OLDER
PILOTS.

(a) In General.--Chapter 447 of title 49, United States
Code, is amended by adding at the end thereof the following:

``Sec. 44729. Age standards for pilots

``(a) In General.--Subject to the limitation in subsection
(c), a pilot may serve in multicrew covered operations until
attaining 65 years of age.
``(b) Covered Operations Defined.--In this section, the
term `covered operations' means operations under part 121 of
title 14, Code of Federal Regulations.
``(c) Limitation for International Flights.--
``(1) Applicability of icao standard.--A pilot who has
attained 60 years of age may serve as pilot-in-command in
covered operations between the United States and another
country only if there is another pilot in the flight deck
crew who has not yet attained 60 years of age.
``(2) Sunset of limitation.--Paragraph (1) shall cease to
be effective on such date as the Convention on International
Civil Aviation provides that a pilot who has attained 60
years of age may serve as pilot-in-command in international
commercial operations without regard to whether there is
another pilot in the flight deck crew who has not attained
age 60.
``(d) Sunset of Age-60 Retirement Rule.--On and after the
date of enactment of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2008,
section 121.383(c) of title 14, Code of Federal Regulations,
shall cease to be effective.
``(e) Applicability.--
``(1) Nonretroactivity.--No person who has attained 60
years of age before the date of enactment of the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2008 may serve as a pilot for an
air carrier engaged in covered operations unless--
``(A) such person is in the employment of that air carrier
in such operations on such date of enactment as a required
flight deck crew member; or
``(B) such person is newly hired by an air carrier as a
pilot on or after such date of enactment without credit for
prior seniority or prior longevity for benefits or other
terms related to length of service prior to the date of
rehire under any labor agreement or employment policies of
the air carrier.
``(2) Protection for compliance.--An action taken in
conformance with this section, taken in conformance with a
regulation issued to carry out this section, or taken prior
to the date of enactment of the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2008 in conformance with section 121.383(c) of title 14, Code
of Federal Regulations (as in effect before such date of
enactment), may not serve as a basis for liability or relief
in a proceeding, brought under any employment law or
regulation, before any court or agency of the United States
or of any State or locality.
``(f) Amendments to Labor Agreements and Benefit Plans.--
Any amendment to a labor agreement or benefit plan of an air
carrier that is required to conform with the requirements of
this section or a regulation issued to carry out this
section, and is applicable to pilots represented for
collective bargaining, shall be made by agreement of the air
carrier and the designated bargaining representative of the
pilots of the air carrier.
``(g) Medical Standards and Records.--
``(1) Medical examinations and standards.--Except as
provided by paragraph (2), a person serving as a pilot for an
air carrier engaged in covered operations shall not be
subject to different medical standards, or different,
greater, or more frequent medical examinations, on account of
age unless the Secretary determines (based on data received
or studies published after the date of enactment of the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2008) that different medical
standards, or different, greater, or more frequent medical
examinations, are needed to ensure an adequate level of
safety in flight.
``(2) Duration of first-class medical certificate.--No
person who has attained 60 years of age may serve as a pilot
of an air carrier engaged in covered operations unless the
person has a first-class medical certificate. Such a
certificate shall expire on the last day of the 6-month
period following the date of examination shown on the
certificate.
``(h) Safety.--
``(1) Training.--Each air carrier engaged in covered
operations shall continue to use pilot training and
qualification programs approved by the Federal Aviation
Administration, with specific emphasis on initial and
recurrent training and qualification of pilots who have
attained 60 years of age, to ensure continued acceptable
levels of pilot skill and judgment.
``(2) Line evaluations.--Not later than 6 months after the
date of enactment of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2008,
and every 6 months thereafter, an air carrier engaged in
covered operations shall evaluate the performance of each
pilot of the air carrier who has attained 60 years of age
through a line check of such pilot. Notwithstanding the
preceding sentence, an air carrier shall not be required to
conduct for a 6-month period a line check under this
paragraph of a pilot serving as second-in-command if the
pilot has undergone a regularly scheduled simulator
evaluation during that period.
``(3) GAO report.--Not later than 24 months after the date
of enactment of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2008,
the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report concerning the effect,
if any, on aviation safety of the modification to pilot age
standards made by subsection (a).''.
(b) Clerical Amendment.--The chapter analysis for chapter
447 of title 49, United States Code, is amended by adding at
the end the following:

``44729. Age standards for pilots''.
______

SA 2846. 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;
as follows:

On page 137, between lines 17 and 18, insert the following:
Sec. 232.  Not later than 90 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall--
(1) develop a formal, structured, and written plan that the
Department of Housing and Urban Development shall use when
monitoring for compliance with the specific relocation
restrictions in--
(A) the Community Development Block Grant entitlement
program; and
(B) the Community Development Block Grant State program
that receives economic development funds from the Department
of Housing and Urban Development; and
(2) submit such plan to the Committee on Appropriations of
both the Senate and the House of Representatives.
______

SA 2847. 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;

[[Page S11430]]

which was ordered to lie on the table; as follows:

On page 137, between lines 17 and 18, insert the following:
Sec. 232. (a) Findings.--Congress finds the following:
(1) In a recent report, the Government Accountability
Office (GAO) cited the lead analysis of Bureau of Labor
Statistics survey data suggesting that in the fourth quarter
of 2006 over 20,000 workers suffered job losses occurring
because of business relocations within the United States, the
majority of which crossed State lines.
(2) That State and local governments could be spending from
$20,000,000,000 to $50,000,000,000 annually on business
incentives.
(3) That States and local governments may be using tens of
billions of dollars of Federal funds on economic development
and business incentives.
(4) GAO identified 17 large Federal economic development
programs that State and local governments use to attract and
retain jobs.
(5) Nine of these Federal economic development programs
prohibit using program funds to relocate a business if such
move would cause a loss of jobs in the original location of
the business.
(6) Unfortunately, GAO found that several Federal agencies,
including the Department of Housing and Urban Development,
operate 6 Federal economic development programs, including
the Community Development Block Grant entitlement and State
programs, that contain no formal written monitoring guidance
specific to the employer relocation restriction.
(7) GAO suggests that without structured guidance and
procedures in place to monitor compliance with such
restriction, Federal agencies have limited assurance that
grant recipients and others are complying with the statutory
and regulatory requirements, and are spending funds on
allowable activities.
(8) GAO recommends, among other things, that the Secretary
of Housing and Urban Development develop and implement formal
and structured guidance for the Department of Housing and
Urban Development to follow when monitoring for compliance
with the nonrelocation provisions in the Community
Development Block Grant entitlement and State programs.
(9) American taxpayers ought to know that their Federal tax
dollars are being used by State and local governments
appropriately and that relocation restrictions are being
followed to ensure that Federal financial assistance does not
benefit one community at the expense of another.
(b) Development, Implementation, and Submission of Plan.--
Not later than 90 days after the date of enactment of this
Act, the Secretary of Housing and Urban Development shall--
(1) develop a formal, structured, and written plan that the
Department of Housing and Urban Development shall use when
monitoring for compliance with the specific relocation
restrictions in--
(A) the Community Development Block Grant entitlement
program; and
(B) the Community Development Block Grant State program
that receives economic development funds from the Department
of Housing and Urban Development; and
(2) submit such plan to the Committee on Appropriations of
both the Senate and the House of Representatives.
______

SA 2848. Mr. FEINGOLD 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 137, between lines 17 and 18, insert the following:
Sec. 232. (a) Required Submissions for Fiscal Years 2007
and 2008.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives for fiscal year 2007
and 2008--
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(B) revised estimates of the funding needed to fully fund
all 12 months of all project-based contracts under such
section 8, including project-based contracts that expire in
fiscal year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used to fully fund
all 12 months of the project-based contracts for fiscal years
2007 and 2008.
(2) Updated information.--At any time after the expiration
of the 60-day period described in paragraph (1), the
Secretary may submit corrections or updates to the
information required under paragraph (1), if upon completion
of an audit of the project-based assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), such audit reveals additional information that may
provide Congress a more complete understanding of the
Secretary's implementation of the project-based assistance
program under such section 8.
(b) Required Submissions for Fiscal Year 2009.--As part of
the Department of Housing and Urban Development's budget
request for fiscal year 2009, the Secretary of Housing and
Urban Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives complete and detailed
information, including a project-by-project analysis, that
verifies that such budget request will fully fund all
project-based contracts under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2009,
including expiring project-based contracts.
______

SA 2849. Mr. LAUTENBERG (for himself and Mr. Menendez) 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. (a) In General.--None of the funds appropriated
or otherwise made available by this Act, or previously
appropriated by Congress, may be obligated or expended to
implement the New York/New Jersey/Philadelphia Region
Airspace Redesign Project, proposed in the Federal Aviation
Administration Record of Decision issued September 5, 2007,
after the date that is 120 days after the date of the
implementation of any new navigational procedures used as a
result of the Project, unless the Administrator of the
Federal Aviation Administration conducts the reviews
described in subsection (b) and submits the reports described
in subsection (c).
(b) Review.--The review described in this subsection is a
review of noise impacts caused by the implementation of the
Airspace Redesign Project during the first 120 days any new
navigational procedures used as a result of the Project are
implemented. Each review shall include an opportunity for
public comment and provide for public meetings within 15
miles of each census tract affected by slight-to-moderate and
significant noise increases as described in FAA Order
1050.1E, the Noise Integrated Routing System.
(c) Report.--The report described in this subsection means
a report on the results of each review conducted under
subsection (b) that is submitted, not later than 30 days
after the last public meeting described in subsection (b),
and 30 days after each review conducted thereafter, to the
Committee on Appropriations of the Senate, the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Appropriations of the House of Representatives,
and the Committee on Transportation and Infrastructure of the
House of Representatives.
______

SA 2850. Mr. DURBIN (for himself, Mr. Specter, 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; as follows:

On page 4, line 6, strike ``$14,115,000'' and insert
``$13,615,000''
On page 48, line 7, strike ``$88,795,000'' and insert
``$89,295,000''
On page 48, line 18, strike ``$4,943,589'' and insert
``$5,443,589''.
On page 56, between lines 16 and 17, insert the following:
Sec. 169. (a) Using not more than $500,000 of the amount
made available to the Office of Research, Demonstration and
Innovation of the Federal Transit Administration under this
title, the Administrator of the Federal Transit
Administration shall conduct a study of the public
transportation agencies in the urbanized areas described in
section 5337(a) of title 49, United States Code (referred to
in this section as ``agencies'').
(b) The study conducted under subsection (a) shall--
(1) analyze the state of repair of the agencies' rail
infrastructure, including bridges, ties, and rail cars;
(2) calculate the amount of Federal funding received by the
agencies during the 9-year period ending September 30, 2007,
pursuant to--
(A) the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240);
(B) the Transportation Equity Act for the 21st Century
(Public Law 105-178); and
(C) the Safe, Accountable, Flexible, Efficient
Transportation Equity: A Legacy for Users (Public Law 109-
59);
(3) estimate the minimum amount of funding necessary to
bring all of the infrastructure described in paragraph (1)
into a state of good repair; and
(4) determine the changes to the rail modernization formula
program that would be required to bring all of the
infrastructure described in paragraph (1) into a state of
good repair.
(c) Not later than 1 year after the date of the enactment
of this Act, the Administrator shall submit to the Committee
on Appropriations of the Senate and the Committee on
Appropriations of the House of

[[Page S11431]]

Representatives a report that contains the results of the
study conducted under this section.
______

SA 2851. Mr. DURBIN (for himself, Ms. Snowe, Mr. Kohl, Ms. Collins,
Mr. Kerry, and Mr. Voinovich) 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.  Notwithstanding any other provision of law, a
public housing agency that operates fewer than 250 units of
federally subsidized public housing may elect, in lieu of
converting to asset management, to limit for fiscal years
2008 and 2009 the agency's loss of public housing Operating
Fund subsidy under the formula established in the final rule
published by the Department of Housing and Urban Development
on September 19, 2005, by reducing the agency's subsidy in
each such year in an amount equal to 7 percent of the amount
of Operating Fund subsidy the agency would have received in
calendar year 2006 under the formula in effect immediately
prior to the effective date of such final rule.
______

SA 2852. Mr. REED 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 137, between lines 17 and 18, insert the following:
Sec. 232. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment
shall distribute all funds subject to such guarantee to the
units of general local government in nonentitlement areas
that received the commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
______

SA 2853. Mr. ALLARD (for himself and Mr. Salazar) 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 18, between lines 2 and 3, insert the following:
Sec. 116.  Section 47107(q) of title 49, United States
Code, is amended by striking ``300,000'' and inserting
``250,000''.
______

SA 2854. Ms. SNOWE 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 137, between lines 17 and 18, insert the following:
Sec. 232. (a) Section 3(p) of the Small Business Act (15
U.S.C. 632(p)) is amended--
(1) in paragraph (4)(D)--
(A) by redesignating clauses (i), (ii), (iii), and (iv) as
subclauses (I), (II), (III), and (IV), respectively, and
adjusting the margin accordingly;
(B) by striking ``means lands'' and inserting the following
``means--
``(i) lands''; and
(C) by striking the period and the end and inserting the
following: ``; and
``(ii) during the applicable period, areas adjacent to or
within a reasonable commuting distance of lands described in
clause (i) that are directly economically affected by the
closing of a military installation, as determined by the
Secretary of Housing and Urban Development.''; and
(2) by adding at the end the following:
``(8) Applicable period.--The term `applicable period'
means the period--
``(A) beginning on the date the Secretary of Housing and
Urban Development determines that the relevant area is
directly economically affected by the closing of a military
installation; and
``(B) ending on the date established by the Secretary of
Housing and Urban Development, which shall be not later than
5 years after the date described in subparagraph (A).''.
(b) Not later than 6 months after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall conduct a study of the feasibility of, and submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report regarding, designating as a HUBZone
(as that term is defined in section 3 of the Small Business
Act (15 U.S.C. 632)) any area that does not qualify as a
HUBZone solely because that area is located within a county
located within a metropolitan statistical area (as defined by
the Office of Management and Budget). The report submitted
under this subsection shall include any legislative
recommendations relating to the findings of the feasibility
study conducted under this subsection.
______

SA 2855. Mr. SPECTER (for himself and Mr. Cochran) 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 58, strike line 9 and all that follows through
``Provided,'' on line 15, and insert the following:
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 or repair for commercial and
Federal Government use, $20,000,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, under this heading the term ``qualified
shipyard'' means a shipyard located in the United States that
employees no more than 1,000 employees at any ship
construction or repair facility and no more than 5,000
employees in the aggregate: Provided further,
______

SA 2856. 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; as follows:

On page 44, strike lines 6 through 13 and insert ``of this
Act.''.
______

SA 2857. Mr. DODD (for himself and Mr. Shelby) 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:

At the appropriate place, insert the following:
Sec. __.  None of the funds provided or limited under this
Act may be used to issue a final regulation under section
5309 of title 49, United States Code.
______

SA 2858. Mr. BUNNING 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 appropriate place, insert the following new section:

``SEC. __. APPLICATION FOR MOVING TO WORK DEMONSTRATION
PROGRAM.

Upon the submission of an application for participation in
the moving to work demonstration program 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; 42
U.S.C. 1437f note) by the Covington Housing Consortium of
Covington, Kentucky, the Secretary of Housing and Urban
Development shall--
(1) consider such application, notwithstanding--
(A) the limitation under subsection (b) of such section on
the number of public housing agencies that may participate in
such program; or
(B) any limitation regarding the date for the submission of
applications for participation in such program; and
(2) approve or disapprove the application based on the
criteria for selection for participation in such program,
notwithstanding the limitations referred to in paragraph (1)
of this subsection.''
______

SA 2859. Mr. SHELBY (for himself and Mr. Bond) 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

[[Page S11432]]

fiscal year ending September 30, 2008, and for other purposes; as
follows:

On page 50, line 21, insert ``Provided further, That of the
funds available to carry out the bus program under section
5309 of title 49, United States Code, which are not otherwise
allocated under this Act or under SAFETEA-LU (Public Law 109-
59), not more than 10 percent may be expended to carry out
the Urban Partnership Congestion Initiative:'' after
``5309(b)(3):''.
______

SA 2860. Mr. SCHUMER submitted an amendment intended to be proposed
to 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; which was ordered to
lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert 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.
(b) For an additional amount of obligation limitation to be
distributed for the purpose of section 144(e) of title 23,
United States Code, $5,000,000,000: 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 subsection, the
Secretary shall ensure that such obligation limitation shall
supplement and not supplant each State's planned obligations
for such purposes.
(c) Amounts made available under this section are
designated as an emergency requirement pursuant to section
204 of S. Con. Res. 21 (110th Congress).
______

SA 2861. Mr. PRYOR (for himself and Mrs. Lincoln) 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 appropriate place, insert the following new section:

SEC. __. TECHNICAL CORRECTION FOR NORTHWEST ARKANSAS ITS.

Funds provided in Division H of Public Law 108-447 for
`ITS--Northwest Arkansas Regional Architecture' and
`Northwest Arkansas Regional Planning Commission--ITS
Regional Architecture' shall be available for ITS deployment
in Northwest Arkansas.

____________________