To provide a system for better construction and maintenance of America's aging bridge infrastructure by spending American tax dollars more effectively and efficiently.

DEPARTMENTS OF TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2008

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of H.R. 3074, which the clerk will
report.
The legislative clerk read as follows:

[[Page S11462]]

A 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.

Pending:

Coburn amendment No. 2812, to remove an unnecessary earmark
for the International Peace Garden in Dunseith, ND.
Coburn amendment No. 2813, to ensure that no funds made
available under this act shall be used to carry out any
activity relating to the design or construction of the
America's Wetland Center in Lake Charles, LA, until the date
on which the Secretary, 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.
Coburn amendment No. 2814, to prohibit the use of funds for
the construction of a baseball facility in Billings, MT, and
to reduce the amounts made available for the Economic
Development Initiative and the community development fund.

The ACTING PRESIDENT pro tempore. Under the previous order, there
will be 20 minutes of debate with respect to the DeMint amendment, with
the time equally divided between Senator DeMint and Senator Kennedy.
The Senator from South Carolina is recognized.

Amendment No. 2844

Mr. DeMINT. Mr. President, I call up amendment No. 2844.
The ACTING PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:

The Senator from South Carolina [Mr. DeMint] proposes an
amendment numbered 2844.

Mr. DeMINT. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment is as follows:

(Purpose: To provide a system for better construction and maintenance
of America's aging bridge infrastructure by spending American tax
dollars more effectively and efficiently)

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''.

The ACTING PRESIDENT pro tempore. The Senator from South Carolina is
recognized.
Mr. DeMINT. Mr. President, I thank my colleagues for the opportunity
to speak on my amendment. I do have an amendment to the Transportation
bill that I would like to talk about for a few minutes this morning.
I have listened to a lot of the debate this week. Obviously,
transportation is a key issue for this country, and it has become clear
that because of the tragedy in Minnesota, many of us are concerned
about bridges and those that are deficient. We have talked a lot about
how to fund those, and I am afraid, as Congress often does, we ignore a
serious problem until it is too late, and then we decide we want to
throw a lot of money at it and we come riding in on white horses to fix
the problem.
I think we do need to look at the problem and what we can do at the
Federal level, and I have an amendment that I think will make the
dollars we spend go a lot further that I would like to present to
Members this morning. But, first, I think we need to review a little of
the situation we are in.
I think we have all heard in the debate that America has many bridges
we have deemed structurally deficient or functionally obsolete. My
amendment addresses these particular bridges. There are over 150,000
bridges in the country today--or over 20 percent of our total bridges--
that fall under the classification of structurally deficient and
functionally obsolete.
Every day in this country, right now, people are going to work and
filling up their gas tanks. Over 18 cents of every gallon they put in
their tanks is a Federal tax that comes to us. That tax was actually
started many years ago when we wanted to build the Interstate Highway
System in this country. It started at a much lower level. I think most
of us know the Interstate Highway System is basically complete. Yet we
have continued to take that tax and raise it over the years. So what we
are doing is taking money from the States and bringing it to
Washington. The problem is that very little of that actually gets back
for the maintenance of bridges in our States.
To start off with, a lot of States, the majority of States in this
country, don't get back what they send. We call them donor States.
South Carolina is one of the donor States. We will send our tax to
Washington and, for years, we have gotten back less than 90 cents on a
dollar. This clearly hurts our State. But what does come back comes
back with a lot of red tape and regulations that prevent the dollars
from going as far as they could.
What has happened in South Carolina and many other States is that in
order to get those Federal dollars back, we have had to match them with
our State dollars. For years, we have taken money out of our
maintenance funds for roads and bridges and used it to match the
Federal dollars. But the Federal dollars have to be used in particular
ways that are not necessarily for the maintenance of roads and bridges.
Even more important are all of the earmarks we put in the
Transportation bill, earmarks for bridges to nowhere or a Big Dig in
Boston, and these earmarks usually have to be matched at a higher level
to get those dollars, and they have to then be used in the way the
earmark prescribes.
We have looked through a lot of past bills and found very few
earmarks that are to maintain and improve bridges. They are for new
projects and things on which we can do press releases. But the bottom
line is this: Less than 40 cents on a dollar that we send to Washington
actually ends up helping to maintain roads and bridges. That is a
problem.
Now, there are a lot of things we can do, and I have identified one I
would like us to focus on today. It is the old law called the Davis-
Bacon provision. It actually started during the Depression, when many
companies were hungry to get business, and so they sharpened their
pencils and gave lower bids to cities, and the larger companies didn't
like that. So they created the Davis-Bacon law, which actually allows
the Federal Government to set the wages of companies when they are
doing Federal work.
What happens in most parts of the country, such as South Carolina,
when a small company--perhaps a minority-owned company--may be trying
to compete with a large company, they will come in with a lower bid,
but then they have to allow the Federal Government to set the wages. We
call it prevailing wages, but it may not be the prevailing wage in
South Carolina. The American Association of Builders and Contractors
has estimated that the Davis-Bacon provision raises the cost of
construction from 5 percent to 38 percent. Just think of that. Think of
that money and how it could be multiplied if that provision was not
part of the equation for maintaining and getting these obsolete and
structurally deficient bridges in better order.
That is what this amendment is about. It is not an unprecedented
idea. President Bush realized during Katrina that we had to do a lot of
work and get a lot of firms in action--small firms. All these firms
have already worked out the salaries with their employees. Some may be
revenue sharing and not related to salary. But as long as Davis-Bacon
is in order, those firms have to wait for the Federal Government to
tell them what to pay their employees so they can then bid a job. It
slows the whole process. So during Katrina, the President waived it,
and during Hurricane Andrew, after that we waived the Davis-Bacon
provision so that the money could go further and the rebuilding could
take place quicker.

My amendment is very simple in that it focuses particularly on
bridges that have already been designated structurally deficient or
functionally obsolete. For 1 year only, we waive this Davis-Bacon
provision so that the States and municipalities around this country can
take the Federal money that is provided and make it go further to fix
these bridges--to build new ones in some cases--and to allow them to
move quicker and not wait for some Federal bureaucrat to tell them what
to pay their employees in order to get a job from the city.

[[Page S11463]]

Anyone in business, particularly in the construction-related
business, knows that it sometimes is feast or famine; you either have
too much work or you don't have any. Many times, a municipal government
or State government can get a lot lower bid and get work done much
quicker if they are allowed to take those low bids. Unfortunately, the
way we have it set up with Davis-Bacon, we force such a bureaucracy, we
force these particular salaries on these companies that may have
different arrangements with their employees, and it slows the whole
process. Just think--we are talking about a 38-percent increase in
cost, in some cases, just because of Davis-Bacon.
So I would encourage my colleagues to consider this amendment. We are
not talking about getting rid of Davis-Bacon forever, although I think
that is something we should perhaps consider. But this is just a 1-year
waiving of Davis-Bacon specifically for the repair and maintenance of
structurally deficient and functionally obsolete bridges. If we do
this, I think the public will get a lot more for their tax dollars, we
will get this work done a lot quicker, and it makes a whole lot more
sense than raising the Federal gas tax. That is kind of the way
Congress does things--we have a problem, so let's just raise taxes and
spend more money. In this case, we have about $4 for every $10 we spend
that doesn't go to what we say it does. If we can do a few things, like
waive Davis-Bacon, the money we take from the public can go a whole lot
further.
I encourage Members to vote for this amendment this morning. I hope
the majority will not table it, because we have seen in Katrina and
other tragedies that our money goes a lot further, the work gets done
faster, and our goals as a Congress are met a lot sooner.
Mr. President, I thank the chairwoman for the time, and I yield the
floor.
The ACTING PRESIDENT pro tempore. The Senator from Massachusetts is
recognized.
Mr. KENNEDY. Mr. President, I thank the Senator from Washington for
giving me an opportunity to make a response to the Senator from South
Carolina on this issue of prevailing wage that guides the wage for
Federal construction.
This idea and concept goes back to the 1930s--1931. What is the
prevailing wage? It is effectively the local average wage. Why was this
decided, that we are going to have the average wage? Because it was
decided then, with a Republican Congress, a Republican Congress and
Republican President, that we do not want the Federal Government
interfering with what is happening in local community wages. If they
are going to be less in South Carolina than they are in Massachusetts,
they ought to use the local prevailing wage.
Is this complicated? No, it is not complicated at all. All you have
to do is go look on the Web and find out what the prevailing wage is in
South Carolina and what it is in Boston, MA. This was the basic
concept.
What has been the result of having the prevailing wage? The
prevailing wage gives assurances to families. The Federal highway
system was such an extraordinary national system developed and proposed
by President Eisenhower. It has meant all the difference to the
American economy. What the Davis-Bacon program is saying is we are
going to pay the average wage to workers under the Davis-Bacon program,
but those individuals who are going in those programs, by and large,
almost all of them, have gone through various apprenticeship programs
and are skilled workers. That is why the University of Utah study of
nine southwestern and mountain States has pointed out that the cost of
using Davis-Bacon was actually cheaper, less costly to the taxpayer
than it would have been if they had not had prevailing wages. An
analysis of Federal Highway Administration data in 2004 reached a
similar conclusion--that states paying higher wages had lower highway
construction costs and higher labor productivity.
We want to make sure that when we have our highways and bridges, they
are going to be safe and they are going to be secure and they are going
to be made by those individuals who have the skills to do the job and
do it right and do it well and do it for the protection of American
families, whether it is the workers who drive in to work or the
children who come back in the various buses from schools all over the
community. That is what we are talking about--skilled work, competent
work, on-time work done by people who have training and follow a very
important tradition. These people are out there working night and day;
in the cold of the winter working out there at night, and in the day in
the heat of the summer.
What is the average wage we are talking about in this whole debate?
The median construction wage in this country is $35,000. Does that seem
so outrageous, for someone who has a skill, $35,000? Are we going to
try to say with all of the challenges and problems we have in our
transportation system, this $35,000 is so much we want to try to reduce
those wages for working men and women in this country? Is this so
outrageous, with the challenges we have seen, in terms of what people
are being paid in the United States of America today? Of course not.
This is a very dangerous industry. More men and women are killed in
construction than in any other industry. Do you hear me? More men and
women are killed in construction than in any other industry. Three
times more men and women are killed in construction than the national
average for other industries, and for some of those who are building
bridges, it's even more dangerous. The fatality rate for structural
iron and steel workers is 13 times more than the average industry.
These are high-risk jobs and we are talking about paying people $35,000
a year? In terms of the important issues we are facing, it makes no
sense.
We want to make sure that when the Federal taxpayer dollar is
expended, it is going to get quality work, it is going to get
productivity, it is going to get results, it is going to have
accountability. That is what Davis-Bacon has provided over the period
of years.
Mr. President, how much time do I have remaining?
The ACTING PRESIDENT pro tempore. The Senator has 5\1/2\ minutes.
Mr. KENNEDY. To show what the difference is in terms of prevailing
wages for local workers, for ironworkers in Greene, AL, the prevailing
wage is $13.67 per hour. An ironworker in Greene, AL makes $21,872 a
year. For ironworkers in Denver, CO, the prevailing wage is $22.50,
annually $36,000. In Des Moines, ironworkers make $20.60 an hour;
$32,960 per year. The average wage in El Paso is $12.03 an hour; they
make $19,248, $19,248 a year. Are we trying to say in Texas, in El
Paso, we are going to try to undermine individual workers who are
making $19,000? By and large most of them are skilled workers who have
had apprenticeship programs. Is this the greatest challenge we are
facing in our transportation system? No, it is not.
The list goes on. This chart here shows construction is one of the
most dangerous industries, with over 1,100 fatalities and over 410,000
work-related injuries. This is a dangerous industry and that is why it
is so important we have programs, apprenticeship programs to teach
these workers their skills but also teach them safety and security.
Regarding the injuries, prevailing wage laws lower construction
injuries by 10 to 20 percent. If you have prevailing wages, if they are
put into place, the number of individuals who are going to be involved
in injuries, death, and serious injuries is actually reduced. Why?
Because these workers have skills and have better training. More
injuries mean higher workers' compensation costs. Without the Federal
prevailing wage, workers would suffer up to 76,000 additional injuries
leading to 675,000 more lost workdays.

This hasn't been an issue that has been a partisan issue. When this
was passed in 1931, author James Davis was a Republican Senator and
Robert Bacon, another author, was a Republican from the House of
Representatives. It was a Republican House majority that passed it. The
Republican Senate passed the bill, and Republican President Herbert
Hoover signed the bill into law.
It is very simple. This is necessary because of the importance of
having high-skilled work being done on the bridges and roads of this
country. The American taxpayer's dollar is a scarce dollar. We ought to
make sure it is not

[[Page S11464]]

going to be used by fly-by-night operations. We want to make sure those
people who are going to receive it are going to have the skills and
training to make sure the roads and bridges are going to be safe and
secure. That is what Davis-Bacon does. It takes into consideration what
the local wages are. Prevailing wages are published on the Internet. It
is easy for any of the construction companies to understand it. They
all understand it. We don't get complaints that they don't understand
it. It is just in many instances they would rather get fly-by-night
operations.
If you look at the various studies that have been done, time in and
time out, about prevailing wages, whether it is from the University of
Utah--not a flaming liberal kind of university--looking at the western
States, when they had the prevailing wage versus not having the
prevailing wage, they show that using the prevailing wage actually
resulted in the savings of taxpayer resources.
I hope this amendment will not be accepted. We have a tried and true
system. We are talking about people, as I mentioned earlier, whose
median income is $35,000. It is not excessive. It is difficult to make
a good living today, $35,000 today, when you look at the cost of health
care, the cost of tuition, the cost of the gasoline, the cost of
heating oil--if you live in our part of the country, $35,000 doesn't go
a long way.
It does seem we want to make sure American taxpayers are going to get
what their hard-earned taxes have been collected for and make sure they
are going to be expended for skilled work. Davis-Bacon gives that
assurance to working families.
I see the Senator from Washington. I don't know how much time I have,
but I yield the remaining time to her.
Mrs. MURRAY. Mr. President, how much time remains?
The ACTING PRESIDENT pro tempore. One minute remains.
Mrs. MURRAY. I thank the Senator from Massachusetts for his
discussion of the current pending DeMint amendment. It seems to me it
is our responsibility to make sure our people who are working on these
critically important infrastructure improvements are paid a prevailing
wage and given the opportunity to care for their families as they care
for all of us.
Mr. President, at this point we yield back all of our time.
The ACTING PRESIDENT pro tempore. The Senator from South Carolina.
Mr. DeMINT. How much time do I have remaining?
The ACTING PRESIDENT pro tempore. One minute remains.
Mr. DeMINT. I appreciate the debate. I think it is important to have.
Davis-Bacon does not make sites safer. It does not have anything to do
with skilled workers. What it does is forces particularly small
companies to revamp how they bid projects, to change how they pay their
people. The cost of that administration as well as waiting for the
Federal Government--you can't just go to the Internet. The Federal
Government is going to have to approve what the prevailing wage is. It
has been deemed not functional, what is taking place. What we are
talking about is not a suspension of Davis-Bacon forever, but a
recognition in the next years we want a lot more dollars to be applied
to bridge maintenance, and by waiving Davis-Bacon for 1 year our
dollars will go further and the work will be done quicker.
I yield back the remainder of my time.
Mrs. MURRAY. Mr. President, Members were notified last night the vote
would begin at 9:30. We have no additional debate at this time.
If the Senator from North Carolina has nothing to add, we are going
to put in a quorum call until 9:30--unless he wishes to make any
additional comments?
Mr. DeMINT. Mr. President, I think I needed to ask for the yeas and
nays, and I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mrs. MURRAY. Mr. President, I move to table the DeMint amendment and
ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), and the Senator from Hawaii (Mr. Inouye) are necessarily
absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig), the Senator from New Mexico (Mr. Domenici), and
the Senator from Arizona (Mr. McCain).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 56, nays 37, as follows:

[Rollcall Vote No. 334 Leg.]

YEAS--56

Akaka
Baucus
Bayh
Biden
Bingaman
Bond
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Coleman
Collins
Conrad
Dorgan
Durbin
Feingold
Feinstein
Harkin
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Voinovich
Webb
Whitehouse
Wyden

NAYS--37

Alexander
Allard
Barrasso
Bennett
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Corker
Cornyn
Crapo
DeMint
Dole
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Lugar
Martinez
McConnell
Roberts
Sessions
Shelby
Sununu
Thune
Vitter
Warner

NOT VOTING--7

Boxer
Clinton
Craig
Dodd
Domenici
Inouye
McCain
The motion was agreed to.
Mrs. MURRAY. I move to reconsider the vote.
Mr. KENNEDY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendments Nos. 2812, 2813, and 2814 En Bloc

The ACTING PRESIDENT pro tempore. There will now be 2 minutes of
debate evenly divided before a vote en bloc on amendments 2812 to 2814
offered by Mr. Coburn of Oklahoma.
Who yields time?
The Senator from Oklahoma.
Mr. COBURN. Mr. President, this is a block of three amendments. It is
not a great deal of money, but it certainly will send a message to the
American people about our priorities. We can build a new visitors
center in Louisiana, where 7,000 people are still displaced from
Hurricanes Katrina and Rita. We can add on to a baseball stadium which
has already run over, and the money is to compensate for the overrun--a
priority versus building bridges--or we can markedly expand and remodel
a peace garden on our northern border. I would put forward to the body
that these are not priorities right now. They are not priorities, when
our true deficit this year is going to be about $400 billion. We are
going to charge to it our kids. We have the largest deficit and out-of-
compliance bridges in our history. Yet we are going to make a choice to
spend money on these rather than higher priorities. The American people
don't have that luxury with their own budgets. We should not be taking
that luxury with their money either.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from North Dakota.
Mr. DORGAN. Mr. President, this is another one of those amendments
where the bureaucrats know best--don't ask, don't tell. These three
projects are in Louisiana, Montana, and North Dakota. The International

[[Page S11465]]

Peace Garden, built 75 years ago, is a national treasure between the
United States and Canada. The buildings are in disrepair. The
Government of Canada says: We are prepared to make some investments.
There is a $450,000 earmark, congressionally directed spending, to make
an investment. The Canadians say they will make investments, but we
want the Americans to make investments as well. We would not want to
invest in this national treasure; is that what we have come to? This
makes no sense at all. My hope is that those who believe the
bureaucrats will know best about spending will understand this
amendment is not worthy. These three projects have great merit. I
believe the Congress will want to fund these projects with modest
funding. That is what we have done. I hope we will soundly reject the
amendments offered by the Senator from Oklahoma.
The ACTING PRESIDENT pro tempore. The Senator from Washington.
Mrs. MURRAY. Mr. President, I move to table the amendments and ask
for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The question is on the motion to table the Coburn amendments en bloc.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from New York (Mrs. Clinton), and the Senator from
Connecticut (Mr. Dodd) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 63, nays 32, as follows:

[Rollcall Vote No. 335 Leg.]

YEAS--63

Akaka
Alexander
Baucus
Biden
Bingaman
Bond
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Grassley
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NAYS--32

Allard
Barrasso
Bayh
Bennett
Brownback
Bunning
Burr
Chambliss
Coburn
Coleman
Corker
Cornyn
Crapo
DeMint
Ensign
Enzi
Graham
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Lugar
Martinez
Roberts
Sessions
Shelby
Sununu
Thune

NOT VOTING--5

Boxer
Clinton
Craig
Dodd
McCain
The motion was agreed to.
Mrs. MURRAY. I move to reconsider the vote.
Mr. BOND. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

section 8 housing payments

Mr. HARKIN. Mr. President, over the last 3 months a majority of
project-based section 8 housing had payment disruptions with HUD not
making timely payments under its contractual obligations to the owners
of the housing facilities. As of the end of August, 50 facilities had
not received payments just in my State of Iowa. The payments not
received cover 2,466 apartments. Twenty-two percent of those projects
were designated as ``family projects,'' and 78 percent are elderly or
disabled projects or a combination of the two. Some of those facilities
were still waiting for their June and July payments when the August
payments failed to arrive.
As of yesterday, I understand that about 20 projects in Iowa which
have reached their contract expiration date at the end of June, July,
or August still have not seen the routine work to renew the contracts,
and payments have not been received in Iowa. I expect that Iowa is
typical of the Nation in this regard.
The failure to make timely payments not only results in added costs
to owners, it creates a chill on future investments in low-income
housing. With that chill, I fear that the number of low-income housing
units available to families and the elderly in need will be reduced.
I urge that the committee work to provide for methods and
requirements as well as financial resources so HUD will provide proper
timely payments to all project-based section 8 projects in the coming
fiscal year. I am particularly concerned with the situation that may
occur if the Congress passes one or more short-term continuing
resolutions for the beginning of the fiscal year. I would like to work
with Chairman Murray and Senator Bond to accomplish these goals.
Mrs. MURRAY. Mr. President, I agree that we have seen serious
disruptions in payments to project-based section 8 facilities in recent
months. That has caused real difficulties for many owners. I do believe
that HUD needs to have processes in place that will make funding to
project owners in as timely manner as possible. We also need to have
funding in place where HUD can make its payments. I appreciate the
Senators' interest in this area, and we will work to avoid a repeat of
what we have seen over the past 3 months.
Mr. BOND. Mr. President, I raised this issue on the Senate floor on
Monday. I certainly believe this is a real difficulty, and I certainly
believe HUD needs to meet its contractual obligations. I also agree
that we need to create provisions that will assure that HUD makes its
housing assistance payments on time.
Mrs. McCASKILL. Mr. President, earlier today I voted on a motion to
table an amendment offered by the Senator from Oklahoma to remove three
earmarks from the Transportation Housing and Urban Development
appropriations bill. Those projects totaled $1.35 million and were for
economic development efforts in North Dakota, Montana, and Louisiana.
This was a difficult decision for me. I believe that the earmarking
process in the past decade has ballooned out of control at a cost of
billions of dollars to taxpayers. I don't believe that all earmarks,
per se, are bad, but that as a general policy, we need more
transparency in this process, and I believe that competitive and
formula grants are a better way to assure that taxpayer dollars are
spent appropriately.
However, I am uncomfortable with cherry-picking which earmarks are
worthy and which ones are wasteful. There were dozens and dozens of
earmarks totaling tens of millions of dollars in this bill. Why pick on
just three?
I, however, did support an amendment to take money designated for all
of the earmarked transportation projects in this bill and transfer it
to fund national urgent priorities such as emergency bridge repairs.
This will be a long process to cut down, and even eliminate, many
congressional earmarks and other kinds of Government waste. Frankly,
earmarks are just the easiest and most obvious target. Billions of
dollars are spent every year by the Federal Government on no-bid
contracts, for example. And we are nowhere near preventing this
wasteful pattern of spending.
But progress is being made on the earmark front. Congress passed a
comprehensive ethics bill that provides more transparency in the
earmark process. Due to pressure from the American public demanding
change, we have seen fewer earmarks in this year's appropriations bill.
According to the administration's Office of Management and Budget, this
very Transportation-HUD bill contains half the amount of earmarks
compared to its last version from 2006.
However, there is still much work to be done, and as a fiscal
conservative and former auditor, I will continue my efforts to fight to
change the way the Federal Government does business with taxpayers'
dollars--whether it is Congress or the administration.
Mr. SCHUMER. Mr. President, I rise to speak about two important
issues addressed in this bill.
Thank you, Mr. President, and I would like to thank Senators Murray

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and Bond for their leadership on this bill. This bill will make America
safer and stronger by improving our transportation and housing
infrastructure.
First, I would like to discuss the need for FAA modernization. My
amendment would convey the sense of the Senate on the issue of FAA
modernization. For too long, the FAA has been derelict in its duty on
this important aspect of public safety.
Something is wrong when the thousands of everyday Americans with GPS
devices in their cars are working off what appear to be more modern
navigation systems than the FAA.
My amendment makes clear that this delay in implementing a modern air
traffic control system threatens both the safety of our air passengers
and the economy by delaying thousands of business and recreational
passengers each day.
This amendment makes clear that the FAA must act now and fully
implement the modernization system using the resources allocated in
this bill to keep our skies safe.
The committee took a significant step forward in this bill by
providing hundreds of millions of dollars for modernization. I thank
them for their commitment to this issue, and now it is time for the FAA
to step up to the plate and do their share.
We should urge the FAA to move as quickly as possible in implementing
the modernization system to finally put an end to the endless delays
and dangerous near misses on our Nation's runways and in our skies.
Next, I would like to discuss the subprime crisis in the Senate about
the need to assist the many families facing foreclosure as their
subprime loans reset to unaffordable levels.
I have been studying this issue for some time. The mortgage industry
has become the Wild West, and far too many homeowners have gotten
caught up in the teaser-rate promises of subprime mortgages only to be
devastated when they reset to higher, unaffordable levels.
I have concluded that one of the best tools we have in helping to
avoid this upcoming wave of foreclosures is the efforts of nonprofit
organizations specializing in foreclosure avoidance and homeowner
counseling.
So I would like to thank Senators Murray and Bond for responding to
my request for additional resources by allocating $100 million for
those nonprofits to assist homeowners who are facing foreclosures. An
estimated 2 million mortgages are scheduled to reset to higher interest
rates in the next 12 months. This will mean a devastatingly high number
of foreclosures, unless major action is taken.
But because there are so many distressed homeowners right now, the
nonprofits are overwhelmed. Some have already received more calls for
help this year than they did all of last year, and things are likely to
get worse before they get better. The non-profits simply do not have
the resources to deal with this crisis. The home mortgage market is in
a state of emergency, and these nonprofits are our best-equipped first
responders. We ought to lend them a hand.
This investment will pay for itself many times over, through the
avoidance of foreclosures and the pain and suffering they cost this
country, both in economic and noneconomic terms.
But government alone cannot solve this problem. It will require a
major commitment by others as well, particularly those banks and
mortgage servicers which have the ability, through loan modifications
and refinancings, to help homeowners avoid foreclosures. These lenders
and servicers made plenty of money while the housing markets were good,
and I believe it is time for them to pitch in to help avoid the
consequences of their actions, which contributed to this current
crisis.
This is why I have asked the country's major mortgage lenders and
mortgage servicers to increase their efforts to help subprime borrowers
avoid foreclosure. I have also asked them to also provide monetary
commitments to the nonprofits, which everyone acknowledges are key to
solving this problem.
For the millions of Americans at risk of losing their homes, these
nonprofits can provide shelter from the foreclosure storm.
This is a bipartisan solution to a bipartisan problem.
I am encouraged that my colleague, Senator Bond, agrees that we need
more resources devoted to this problem. I agree that $100 million more
dollars is a good thing. I am concerned, however, that the conditions
put on this money may restrict its most beneficial uses. I want to be
sure that all the funds we dedicate are used to help keep every family
possible in their homes, and I look forward to continuing to work with
the committee to ensure that the funds in this amendment can do just
that.
This subprime crisis is a danger to the housing market and the market
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.
Finally, I would like to applaud my friend and colleague, Senator
Murray, whose leadership and determination were instrumental in getting
$1 billion of additional funding for bridge replacement and
rehabilitation.
This amendment addresses what we have known for far too long--we have
been neglecting our infrastructure for far too long.
The disaster in Minnesota was a wake-up call to get our Nation's
transportation infrastructure in order. For far too long, highways and
bridges in New York and across the country have been allowed to degrade
to the point of dangerous disrepair.
As I have said before after similar disasters, we must learn from
them and fix the problems that caused them. We can no longer afford to
neglect our aging highways and bridges in older cities.
This amendment goes a long way in learning from this disaster and
fixing serious problems in our Nation's infrastructure. I commend
Senator Murray for her leadership.
I was proud to be a cosponsor of this amendment and look forward to
working with Senator Murray on further projects in the future.
I look forward to working with the committee on my amendments and to
finishing this bill which represents, for the first time in a long
time, the resources our country needs to support its infrastructure,
transportation and housing positions.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
<bullet> Mrs. CLINTON. Mr. President, this Transportation/HUD
appropriations bill for fiscal year 2008 crafted under the leadership
of Chairman Patty Murray makes key investments in our Nation's highway
systems, aviation system, passenger rail, and provides housing services
for those in need, the elderly and our veterans.
This legislation allocates over $100 billion for the Department of
Transportation, the Federal Aviation Administration, FAA, and for
Housing and Urban Development. According to the U.S. Department of
Transportation, for every $1 billion that is spent on transportation,
47,500 jobs are created. In this legislation over $40 billion is
invested in our Nation's highway system for construction of new roads,
repairs and improvements. This legislation will create tens of
thousands of new jobs, improve safety to our highways and bridges--and
will go a long ways to strengthen and grow our Nation's economy.
I am proud that my Senate colleagues voted to include $1 billion in
Federal funding to aid in the repair and maintenance of America's
bridges, which would include an additional $100 million for New York
State's aging bridges. The bridge collapse in Minnesota is a sober
reminder of the tragic results that can occur when our infrastructure
needs are not met. New York State has more than 17,000 highway bridges,
with 12 percent classified as structurally deficient, and 26 percent
classified as functionally obsolete and this additional funding is
vital to my State of New York.
Several Republicans sought to pass an amendment that would have
repealed Davis-Bacon protections for construction workers involved in
bridge reconstruction on structurally deficient bridges--an act that
puts both our workers and our Nation at risk. I was disappointed by
this attempt to undermine our workers' safety, and heartened that the
bill does not contain this amendment. The tragic collapse of a major
highway bridge in Minneapolis this year illustrates just

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how critical it is for our roads and bridges to be constructed with the
safest and highest quality workmanship.
Year after year the administration has attempted to bankrupt Amtrak.
And again, I am proud that the Senate has rejected the President's
proposal that would have pushed Amtrak into bankruptcy. Amtrak plays a
vital role in our Nation's transportation system, especially for New
Yorkers and those along the Northeast corridor. In an era of record gas
prices, congested highways, and record delays and congestion for the
flying public, the role of Amtrak has become more important and it must
receive the necessary funding to continue services and improve railway
infrastructure.
This legislation also contains vital funding for the Federal Aviation
Administration, including much needed funding to pay for infrastructure
needs at airports throughout New York, as well as funding for new
technology to reduce delays and congestion at our Nation's airports.
This summer, the flying public has seen record delays at our airports
and it is imperative that we resolve this problem as soon as possible.
I am proud that the Senate unanimously confirmed my bipartisan
amendment requiring the Department of Transportation to develop a plan
how the FAA will alleviate congestion and delays in the New York/New
Jersey/Philadelphia airspace by next summer.
In addition to the funding for Transportation, this legislation
provides desperately needed funds for more affordable housing and would
provide housing for our homeless veterans, the elderly, and those in
need. This legislation provides over $2 billion more than the
President's request for programs under Housing and Urban Development.
The legislation rejects the Bush administration's cuts to housing for
the low-income elderly, as well as the administration's plan to
eliminate Hope VI, a program that revitalizes neighborhoods by
replacing outdated public housing in disrepair with new mixed-income
housing.
We still have work to do to improve our transportation systems.
Airport delays in just a few years will cost our economy more than $30
billion every year and nationwide, poor road conditions and traffic
congestion cost American drivers more than $110 billion each year in
wasted fuel and lost time. There is a more than $1.6 trillion long-term
infrastructure gap to fill--as a nation--we need to invest in our
future again. I urge the President to remove his veto threat and sign
this legislation into law as quickly as possible so that these needed
funds can be used to improve our Nation's aging infrastructure as
quickly as possible.<bullet>
<bullet> Mr. McCAIN. Mr. President, the bill before us is a budget
buster. It is over $3 billion above the President's budget request and
contains numerous earmarked projects, worth over $2 billion. It should
be soundly rejected.
Funding for transportation infrastructure and transportation safety
is of enormous importance and I know all of us support doing what we
can to improve our Nation's transportation system, from our roads and
bridges to our air service. The tragic bridge collapse in Minnesota in
August was a harsh reminder of just how critical our responsibilities
are to balance competing transportation funding needs. But we simply
must do so in a fiscally responsible manner. The Senate's action Monday
to increase the obligation limitation for the highway trust fund by $1
billion is not the answer nor was it responsible. It might have been
politically expedient, but it is not the answer.
We cannot afford to simply spend more and more of taxpayers' hard-
earned dollars without consequences. It is time for Congress to start
making choices among competing priorities, just as American families do
each month with their family budgets. In this bill, we are not
underfunding transportation; we are misdirecting infrastructure funding
to earmarked projects that are questionable and certainly not urgently
needed.
According to the Reason Foundation's 16th Annual Highway Performance
Report, 24 percent of our Nation's bridges were deficient or obsolete
in 2005. Minnesota actually ranked 5th best in the Nation, yet we
watched with horror as one of the State's major thoroughfares crumbled
from disrepair. The Wall Street Journal reported on August 22, 2007,
that a week before the bridge collapse, a Congressman from Minnesota
inserted over $10 million in earmarks for rail transit, bike trails and
the ``Kids Peace Mesabi Academy,'' but not a penny for bridge or
infrastructure repair.
In addition to our aging bridges, our Interstate Highway System is
over 50 years old and not equipped to handle today's traffic levels. So
what has Congress done in response to this reality? We have increased
earmarking of our highway program funding by a staggering level: The
1982 highway bill included 10 demonstration projects totaling $386
million; the 1987 highway bill included 152 demonstration projects
totaling $1.4 billion; the 1991 highway bill included 538 location-
specific projects totaling $6.1 billion; the 1998 highway bill included
1,850 earmarked projects totaling $9.3 billion; and the 2005 highway
bill included over 5,634 earmarked projects totaling $21.6 billion.
So instead of allowing states the ability to allocate their highway
dollars to their most pressing needs, like deficient bridges, we are
funding a significantly higher level of bike paths and highway
beautification projects and sidewalk improvements. When will we learn?
When will we learn that this is not what the American people want or
deserve from their elected representatives. How many more
infrastructure tragedies will occur before we change our earmarking
ways?
Instead of raising the gas taxes, as some Members of Congress have
suggested, for the millions of Americans who are already paying more
for gas than ever before, the Federal and State governments must
prioritize transportation spending to focus on projects with the most
need rather than building ``bridges to nowhere.'' If Congress fails to
recover from its addiction to earmarks, then crumbling bridges,
congested highways, and crowded airports will continue much to the
determent of all Americans.
Congress recently passed an ethics reform bill that requires the
disclosure of the authorship of earmarks. Ninety-one Members of this
body requested transportation earmarks in this appropriations bill. For
example, this bill contains $4 million for a bridge in Arkansas that
does not appear in the Arkansas State transportation improvement plan,
thereby questioning its necessity. The bill also includes almost $2
million for a study on the effects of dust suppressant chemicals on
Federal highways, $2 million above the administration's request for
volcano monitoring in Alaska, and $2 million to prevent the frequent U
turns at the gates of the Los Alamos labs in New Mexico.
Of course, the bill includes a wide range of transportation earmarks.
The bill also contains $8 million for airport improvements to Cape Cod
and Nantucket, $2.5 million for improvements at the Niagara Falls
International Airport, and $1.5 million for improvements at the airport
in Palm Springs, CA. No doubt these popular tourist destinations could
have helped to pay for these improvements themselves rather then
requiring all taxpayers to subsidize such marvelous destinations that
many taxpayers may never be able to afford to visit.
The bill also provides $3.5 million to construct an airport in
Akutan, AK--population 767--when an alternative airport is less than 55
miles away and $1 million for airport improvements at Lewis University,
IL, for its 1,000 students. There are also earmarks for ferry service,
such as $1 million for Nassau County, NY, which is the sixth richest
county in the Nation. Again, taxpayers nationwide must support and
sustain these projects despite their use by a few.
The underlying bill provides funding for the Department of
Transportation's 1-year pilot program that would allow a maximum of 100
Mexican trucks to enter and travel to a single destination in the
United States this year. This pilot program is the result of planning
and preparation over the past 14 years. NAFTA, passed by Congress in
1993 and signed into law by President Clinton in 1994, mandated the
opening of our southern border to Mexican trucking operations. Congress
set forth stringent preconditions for opening the border in section 350
of the fiscal year 2002 transportation appropriations bill, and DOT
complied with all 22 of those requirements. The Inspector General has

[[Page S11468]]

reported five times that the Department has substantially met those
safety requirements. It is now time to allow these two countries to
move forward with this 1-year pilot program that will have numerous
economic benefits for the two nations. Unfortunately, the Senate has
voted 74 to 24 to prevent the pilot from going forward. As such, we
continue to fall short of abiding by the obligations we committed to
when we approved NAFTA.
In addition to my concerns with the transportation title, this bill
provides more than $3 billion above the President's budget request for
the Department of Housing and Urban Development. Like previous years,
the accompanying report contains an enormous number of earmarks in the
Economic Development Initiative and neighborhood initiative accounts to
the tune of more than 300 earmarks totaling nearly $300 million.
Again, I would like to express my disappointment that Senate
leadership has brought to the floor a bill that is $3 billion over the
administration's request containing hundreds of earmarks. Rightly, the
administration has announced that the President will veto this bill
unless its price tag is reduced. That is the correct action.
During my recent travels around the Nation, I hear again and again
from citizens who are fed up with pork barrel spending and yet,
Congress fails to listen. It is a shame, and I can only hope that the
American people will join me in expressing their displeasure with this
bill.<bullet>
Mr. FEINGOLD. Mr. President, I am pleased to support passage of the
Transportation, Housing and Urban Development appropriations bill for
fiscal year 2008. This bill provides critical funding for many of our
Nation's essential programs, including housing for low-income families,
community and economic development programs, and transportation needs.
Affordable housing is becoming less, not more, available in the
United States. Research shows that the number of families facing severe
housing cost burdens grew by almost 2 million households between 2001
and 2004. Additionally, one in three families spends more than 30
percent of its earnings on housing costs. The National Alliance to End
Homelessness reports that at least 500,000 Americans are homeless every
day and 2 million to 3 million Americans are homeless for various
lengths of time each year. Cities, towns, and rural communities across
the country are confronting a lack of affordable housing for their
citizens. This is not an issue that confronts just one region of the
Nation or one group of Americans. Decent and affordable housing is
essential to the well-being of Americans, and the Federal Government
must provide adequate assistance to our citizens to ensure that all
Americans can afford to live in safe and affordable housing.
This legislation provides critical funding for the section 8 voucher
program. The section 8 Housing Choice Voucher Program, originally
created in 1974, is now the largest Federal housing program in terms of
HUD's budget with approximately 2 million vouchers currently
authorized. Yet the current number of vouchers does not come close to
meeting the demand that exists in communities around our country. I am
pleased this Senate bill contains funding for new vouchers for homeless
veterans and disabled families. This funding for new vouchers is a step
in the right direction, but Congress needs to do much more to fund the
section 8 program in the coming months and years to help ensure that
funding levels for the program meet the demonstrated need for the
program.
I am pleased that this bill rejected many of the suggested cuts in
the President's budget request. This bill provides $100 million for the
Hope VI program, a program dedicated to rehabilitating our Nation's
public housing. Many public housing authorities throughout the country,
including in Milwaukee, have done great work with Hope VI dollars, and
I am pleased the Senate rejected the President's cut to this important
program.
This legislation also provides increased funding for the Home
Investment Partnerships Program, HOME, a program created in 1990 to
assist States and local communities in producing affordable housing for
low-income families. HOME is a grant program that allows participating
jurisdictions the flexibility to use funds for new production,
preservation, and rehabilitation of existing housing stock. Increased
funding for HOME will help local communities, including those in
Wisconsin, work to increase the availability of affordable housing
stock in our country.
I was pleased the Senate included my amendment calling on HUD to
report on its funding needs for the section 8 project-based rental
assistance program. In the past few months, many housing providers
participating in the project-based program have not received their
housing assistance payments from HUD as scheduled. Both HUD and OMB
need to closely examine their budgeting process for the project-based
program to try to ensure these late payments do not occur in the
future. I have heard from housing providers who are worried about how
they will afford their mortgage payments and utility bills without
timely payments from HUD. My amendment calls on HUD to provide Congress
with an accurate accounting of the costs to completely fund all
project-based contracts. I hope HUD will provide detailed information
to Congress so we can address the shortfall this program is facing and
help ensure that housing providers receive their payments from HUD.
I was pleased to support the investment in our vital transportation
infrastructure in this legislation. After the tragic collapse of the I-
35W bridge in Minnesota, I also supported providing the specific funds
to rebuild this roadway and dedicating additional funds through the
Murray amendment for the acute problem of structurally deficient
bridges throughout the Nation.
While this funding directed toward deficient bridges was an
appropriate short-term investment, I would have concerns if it became a
long-term policy. This concern is because shifting Federal funds toward
the roads and bridges that have been the least well maintained can be a
disincentive for States to make proper investments of their own and
could result in a shift of funding from States, like Wisconsin, that
have voluntarily made higher investments in their transportation
infrastructure and have fewer deficient structures to States that have
not made a similar level of investment. Wisconsin's rate of return on
the Federal fund to address deficient bridges is only 42 cents on a
dollar paid in from Wisconsin taxpayers. I have fought for years to
secure a fair rate of return for Wisconsinites from the highway trust
fund after decades of us being a donor State and would oppose a long-
term policy of shifting funds from States that have kept up with their
road and bridge maintenance to those that have not.
I supported the Dorgan/Specter amendment to prevent the
implementation of the administration's new pilot program for Mexican
trucks because the program raises serious safety and environmental
concerns and could depress U.S. wages for truckers. This program is
just another symptom of failed trade policies like NAFTA. Our trade
policies should allow us to establish and enforce our own public
safety, health, and environmental safeguards, which benefit American
businesses, workers, and consumers, instead of helping to ship millions
of jobs overseas.
I am disappointed the President has issued a veto threat on this
appropriations bill. This legislation provides necessary funding for a
number of important Federal programs to improve the quality of life in
our Nation's communities, including infrastructure and housing needs.
Many American families are depending on the program funding included in
this bill. I hope the President will reconsider and remove his veto
threat on this important legislation.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
<bullet> Mr. DODD. Mr. President, I rise to speak on the fiscal year
2008 Transportation-HUD appropriations bill, which was passed by the
Senate earlier today.
I would like to begin by thanking Chairwoman Murray and Ranking
Member Bond. Crafting legislation that seeks to meet the transportation
and housing needs of our Nation is no easy feat, and I commend the hard
work of the chairwoman, the ranking member, my colleagues on the
subcommittee, and their staffs.

[[Page S11469]]

The legislation passed by the Senate provides nearly $105 billion for
the upcoming fiscal year. Almost $66 billion is allocated to the
Department of Transportation and nearly $39 billion is allocated to the
Department of Housing and Urban Development.
I would like to speak on some of the transit and housing provisions
in this legislation that fall under the Banking Committee's
jurisdiction.
I note that although this bill provides an increase in transit
funding over fiscal year 2007, it does not fund transit at the level
authorized in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users, SAFETEA-LU, the surface transportation
authorization bill which Congress passed just 2 years ago. Safe and
efficient transit systems provide significant benefits both to transit
riders and to others in the community, including employers, property
owners, and automobile drivers. In fact, the Texas Transportation
Institute has estimated that transit saves Americans over $18 billion a
year by reducing the amount of time we spend in traffic. Moreover, in
this era of high gasoline prices, public transportation provides an
additional benefit: according to economists Robert Shapiro and Kevin
Hassett, public transportation saves more than 855 million gallons of
gasoline a year, helping to reduce our dependence on foreign oil.
Transit ridership is at its highest level in 40 years, and strong
support for transit is essential in light of this increasing demand. I
hope that this shortfall will be addressed by the conference committee.
I would like to thank Senators Murray and Bond, as well as my ranking
member on the Banking Committee, Senator Shelby, for working with me to
include an amendment related to the Federal Transit Administration's
proposed rule implementing the New Starts program. Through the New
Starts program, the Federal Government helps to fund major transit
investments in communities around the country. The proposed rule fails
to follow SAFETEA-LU in several material respects, and at the same
time, introduces new concepts that were not authorized in SAFETEA-LU.
This amendment makes clear that the FTA's failure to follow the law is
unacceptable.
I am pleased that this bill provides additional funding, above the
President's request, for many critical housing and community
development programs. Unfortunately, the administration continues to
request insufficient funds for these programs, and, in fact, each year
has asked Congress to cut programs that assist our Nation's most
vulnerable--children, seniors, and those with disabilities. Each year,
we attempt to restore these cuts, and this year is no exception.
Chairwoman Murray, and Ranking Member Bond, strong supporters of these
programs, have, once again, successfully restored most of the cuts,
helping to ensure that low-income families will have safe, decent and
affordable housing in strong communities.
The housing programs funded in this bill assist millions of families
around our country. Without housing assistance, many families would
lack the stability to find and retain employment, and many children
would be unable to adequately perform in school because of multiple
moves or health problems resulting from inadequate housing, including
asthma, poor nutrition and lead poisoning.
The wages of working families have not kept pace with housing costs.
On average, a family in our country must earn $16.31 per hour at a
full-time job in order to afford a modest 2-bedroom apartment without
foregoing other basic needs. This amount is three times the minimum
wage. In my home State of Connecticut, the wage needed to afford a
modest 2-bedroom apartment is almost 4 times the minimum wage. This
significant gap between the wages of low-income earners and housing
costs makes evident that housing assistance is necessary for many
working Americans.
This bill restores funding to the public housing program, which
houses over 1.2 million of our Nation's lowest-income families. The
public housing program has been targeted by this administration for
deep cuts each year, and has lost hundreds of millions of dollars over
the last 7 years. This year, the administration sought cuts to public
housing funding of almost $500 million. The bill before us restores
these cuts, increasing funding for the Public Housing Capital Fund by
$61 million, the Operating Fund by $336 million, and restoring funding
for the successful Hope VI program. Even these levels of funding are
lower than what is realistically needed by public housing agencies to
operate all of their units, but we are pleased to see these increases.
The bill we passed also increases funding for the Section 8 housing
voucher program to ensure that all families currently in the program
can retain housing. In addition, the bill provides funding for vouchers
for veterans to make sure that American veterans have access to stable
and affordable housing. It is a national disgrace that veterans, who
have defended our country, are unable to access housing assistance in
their times of need, and I strongly support the efforts of Senators
Murray and Bond to address this critical failure.
The Section 8 housing voucher program assists over 2 million families
in affording rents in the private housing market. While the
appropriators have done an exceptional job at protecting this program
from budget cuts, a combination of legislative language and
administrative changes have altered the funding formula in the Section
8 program numerous times over the last several years, leaving housing
agencies without assurance that all of their units will be funded. I
applaud Senators Murray and Bond for including language in this bill
retaining the Section 8 formula that was put in place last year--a
formula that allocates funding in a reasonable way, and provides
funding stability for housing agencies and the families they serve. I
urge the chairwoman and ranking member to retain this formula
throughout the whole appropriations process.

This bill also ensures that programs to house seniors, people with
disabilities and people living with HIV/AIDS are fully funded. The
President, astonishingly, requested a cut of $160 million to the senior
housing program, and a cut of $112 million to the housing program for
people with disabilities. I want to thank Chairwoman Murray and Ranking
Member Bond for restoring these significant and shortsighted cuts.
The bill we passed also seeks to increase funding for CDBG and the
HOME program, two flexible sources of funds that communities use to
house families across the income spectrum, provide rental assistance,
rehabilitate housing and public facilities, provide and sustain
homeownership opportunities, and restore and strengthen communities. In
this bill, CDBG funding has been increased by $288 million over last
year's funding level, and HOME has been increased by over $200 million,
including an additional $100 million for housing counseling,
specifically for counseling to prevent foreclosures, an increase I
sought and strongly support.
This $100 million is critical to helping build the counseling
infrastructure that can help tens of thousands of American families
threatened with default and foreclosure save their homes, preserve
their home equity, and maintain their dignity. As many of my colleagues
know, the subprime mortgage market has been rife with abusive and
predatory lending practices that have led to millions of Americans
being trapped in adjustable rate mortgages, ARMs, with mortgage
payments that will soon explode to unaffordable levels. During hearings
that I chaired in the Senate Banking, Housing, and Urban Affairs
Committee, senior executives from some of the largest subprime lenders
acknowledged that they knew, when their companies funded these loans,
that many of these borrowers could not afford these payments after the
interest rates reset and payments increased. Yet, they made the loans
and collected the fees. In most cases, the lenders sold these loans off
to the secondary market. Today, these homeowners, and their
communities, are paying a steep price in lost equity and falling home
prices.
In fact, the Center for Responsible Lending, CRL, released a report
late last year predicting that 2.2 million families would lose their
homes at a cost of $164 billion in hard-earned home equity. When this
report was released, we heard howls of protest from many analysts and
industry officials; yet, as the weeks and months go by, and each

[[Page S11470]]

new round of foreclosure statistics are released, the CRL number looks
more and more accurate.
The additional $100 million in counseling funds will help
organizations with the experience and expertise to work with lenders
and servicers to reach out to borrowers early--prior to loan resets, if
possible--to try to modify loans to make them affordable for the long-
term. This effort is crucial--one industry study indicates that over 6
million subprime borrowers, with over $1.5 trillion in home loans, will
face mortgage loan resets in 2007 and beyond. Given the fact that we
are already experiencing historically high foreclosure rates, we need
to take decisive action to keep hard-working Americans in their homes.
While this bill helps to ensure that low- and moderate-income
families can afford decent and safe housing, I am concerned with the
level of funding provided for Section 8 project-based assistance. This
bill provides the level of funding requested by the administration;
however, HUD recently alerted us that this is well below what is needed
to pay for all project-based assistance contracts. Without adequate
funding, property owners in the program will not be able to continue
providing affordable housing to low-income families. I have called on
the administration to immediately provide Congress with an estimate of
the amount of funds needed to fully fund these contracts for housing
assistance, and yet we have not received this vital information. If
there is a shortfall in this program, we will have to address this
problem.
In closing, I would like mention a few additional initiatives funded
under this bill. I am pleased that Amtrak has received almost $1.4
billion in this legislation--funding that will ensure the continuation
of passenger rail service in this country. I am also pleased that
Senators Murray and Bond agreed to an amendment I cosponsored with
Senator Clinton regarding the redesigning of airspace over greater New
York. Over the past several months, I have voiced concern over the way
the Federal Aviation Administration has proposed redesigning airspace
in the Northeast. While I am supportive of the idea to reduce the air
traffic congestion that currently plagues our country, I believe the
FAA has an obligation to submit redesign proposals that are transparent
and allow for full and informed public comment. The amendment adopted
in this legislation takes a step forward in that direction. Finally, I
am pleased that this bill contains vital resources for many important
transportation and economic revitalization initiatives in my home
state. It is my hope this funding is retained as the Senate proceeds to
a conference with the other Chamber.<bullet>
Mr. LEVIN. Mr. President, I support the Senate Transportation,
Housing and Urban Development, and related agencies appropriations bill
for fiscal year 2008. This bill provides $105.6 billion in fiscal year
2008 for the Department of Transportation, the Department of Housing
and Urban Development, and a number of independent agencies. This
legislation will improve road and bridge safety and address past
shortfalls in spending on our Nation's infrastructure and housing and
economic development needs.
This bill provides $41.2 billion to the Federal-aid Highways Program
for disbursement to States and local governments to build, maintain,
and repair highways, roads and bridges; $1.074 billion of which would
go to Michigan.
I supported an amendment which will provide increased funding for
bridge replacement and rehabilitation. As a result of this amendment,
Michigan would get an additional $23,539,287 for bridge replacement,
bridge rehabilitation, preventative maintenance, seismic retrofitting,
bridge inspections, and activities designed to protect bridges and
extend their life spans.
Mr. President, 78,000 bridges around the country have been identified
as structurally deficient. Given the high number of bridges that are in
need of urgent repair, which was made all the more apparent by the
recent and tragic bridge collapse in Minneapolis, it is appropriate for
the Senate to direct more funding to address the urgency of this
problem.
The bill also provides $9.59 billion to operate America's public
transit systems around the country.
Public housing needs have been significantly underfunded over the
past few years. I am pleased that this bill increased funding for the
Department of Housing and Urban Development, HUD, to $38.74 billion.
This bill increases funding to $4.2 billion for the public housing
operating fund and to $2.5 billion for the public housing capital fund
which will help provide assistance to low-income, disabled, senior
citizens, and families throughout the country. This bill also provides
$735 million for the HUD section 202 program and $237 million for the
HUD section 811 program. These programs provide grants to nonprofits
and community organizations for the development of rental assistance
and supportive housing for very low-income seniors and people with
disabilities.
This bill would also provide $52 million for fair housing activities
through the Fair Housing Initiatives Program and the Fair Housing
Assistance Program. Over 4 million fair housing violations occur each
year in the United States, and these programs play a vital role in
addressing housing discrimination in our country.
Since fiscal year 2001, funding for the Community Development Block
Grants, CDBG, has been reduced by 15 percent, and the President's
budget request for fiscal year 2008 would have reduced funding for this
important program by another 20 percent. I am pleased that this bill
includes $4.1 billion for CDBG, which provides State and local
governments with block grants to fund local community development
programs.
Mr. President, the Senate has done its work in funding the important
transportation systems that keep our vehicles and people moving safely
and efficiently and our economy humming as well as funding the housing
and economic development programs on which so many of our citizens
rely. This is despite the President's threat to veto this bill. I hope
the President will have a change of heart and support our effort to
invest in America's future.
The ACTING PRESIDENT pro tempore. The Senator from Washington.
Mrs. MURRAY. Mr. President, we are moving rapidly toward final
passage on this critically important infrastructure bill. I thank all
of our Senators for working with us in a very constricted timetable to
get this very important bill to this point today. I especially thank
Senator Bond, his staff, and my staff. I will thank them more after
passage of the bill. But I particularly thank Senator Bond for his work
on his side of the aisle for putting together this very important bill.
Mr. President, I ask unanimous consent that the Senate insist on its
amendment, request a conference on the disagreeing votes, and that the
Chair be authorized to appoint conferees.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. DeMINT. Mr. President, reserving the right to object.
The ACTING PRESIDENT pro tempore. Objection is heard. The Senator
from South Carolina.
Mrs. MURRAY. Was there an objection?
The ACTING PRESIDENT pro tempore. There was a reservation of
objection by the Senator from South Carolina.
Mr. DeMINT. Could we hold for a moment to discuss this?
Mrs. MURRAY. I note the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
The ACTING PRESIDENT pro tempore. The Senator from Washington is
recognized.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate
insist on its amendment, request a conference on the disagreeing votes,
and that the Chair be authorized to appoint conferees.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. LOTT. Mr. President, reserving the right to object, I would say
to the distinguished Senator, the chairman of the subcommittee, we are
still checking to make sure everybody is aware of what we are doing. I
will not object but if we could withhold momentarily.
Mr. REID. I note the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.

[[Page S11471]]

The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mrs. MURRAY. Mr. President, I renew my unanimous consent request that
the Senate insist on its amendment, request a conference on the
disagreeing votes, and that the Chair be authorized to appoint
conferees.
The ACTING PRESIDENT pro tempore. Is there objection? The Chair hears
no objection.
Without objection, it is so ordered.
Mrs. MURRAY. Mr. President, with that, we will proceed to the final
vote. I wish to thank all our colleagues for their support.
The ACTING PRESIDENT pro tempore. The question is on the engrossment
of the amendment and third reading of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The ACTING PRESIDENT pro tempore. The bill having been read the third
time, the question is, Shall the bill pass?
Mrs. MURRAY. Mr. President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second? There
is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from New York (Mrs. Clinton), and the Senator from
Connecticut (Mr. Dodd) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho, (Mr. Craig) and the Senator from Arizona, (Mr. McCain).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 88, nays 7, as follows:

[Rollcall Vote No. 336 Leg.]

YEAS--88

Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Cochran
Coleman
Collins
Conrad
Corker
Crapo
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NAYS--7

Barrasso
Coburn
Cornyn
DeMint
Ensign
Enzi
Kyl

NOT VOTING--5

Boxer
Clinton
Craig
Dodd
McCain
The bill (H.R. 3074), as amended, was passed, as follows:

H.R. 3074

Resolved, That the bill from the House of Representatives
(H.R. 3074) entitled ``An Act making appropriations for the
Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.'', do pass with
the following amendment:
Strike out all after the enacting clause and insert:

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

TITLE I

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Salaries and Expenses

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

Office of Civil Rights

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

Transportation Planning, Research, and Development

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

Working Capital Fund

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

Minority Business Resource Center Program

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

Minority Business Outreach

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

Payments to Air Carriers

(Airport and Airway Trust Fund)

(including transfer of funds)

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

compensation for air carriers

(rescission)

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

Administrative Provisions--Office of the Secretary of Transportation

Sec. 101. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries
and expenses'' to ``Minority Business Outreach''.
Sec. 102. None of the funds made available in this Act to
the Department of Transportation

[[Page S11472]]

may be obligated for the Office of the Secretary of
Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
Sec. 103. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.

Federal Aviation Administration

Operations

(airport and airway trust fund)

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

Facilities and Equipment

(airport and airway trust fund)

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

Research, Engineering, and Development

(airport and airway trust fund)

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

Grants-in-Aid for Airports

(liquidation of contract authorization)

(limitation on obligations)

(airport and airway trust fund)

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

(rescission)

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

Administrative Provisions--Federal Aviation Administration

Sec. 110. None of the funds in this Act may be used to
compensate in excess of 375 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2008.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1)

[[Page S11473]]

from fees credited under 49 U.S.C. 45303: Provided, That
during fiscal year 2008, 49 U.S.C. 41742(b) shall not apply,
and any amount remaining in such account at the close of that
fiscal year may be made available to satisfy section
41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2006,'' each place it
appears and inserting ``2008,''.
(b) Section 44303(b) of such title is amended by striking
``2006,'' and inserting ``2008,''.
(c) Section 44310 of such title is amended by striking
``March 30, 2008'' and inserting ``December 31, 2008''.
Sec. 115. Multicrew Covered Operations Service by Older
Pilots. (a) In General.--Chapter 447 of title 49, United
States Code, is amended by adding at the end thereof the
following:

``Sec. 44729. Age standards for pilots

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

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

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

Federal Highway Administration

limitation on administrative expenses

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

Federal-Aid Highways

(limitation on obligations)

(highway trust fund)

(including transfer of funds)

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

(liquidation of contract authorization)

(highway trust fund)

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

(RESCISSION)

(HIGHWAY TRUST FUND)

Of the unobligated balances of funds apportioned to each
State under chapter 1 of title 23,

[[Page S11474]]

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

I-35W BRIDGE REPAIR AND RECONSTRUCTION

For necessary expenses to carry out the project for repair
and reconstruction of the Interstate I-35W bridge located in
Minneapolis, Minnesota, that collapsed on August 1, 2007, as
authorized under section 1(c) of Public Law 110-56 (121 Stat.
558), up to $195,000,000, as documented by the Minnesota
Department of Transportation to remain available until
expended, Provided, That that amount is designated as an
emergency requirement pursuant to section 204 of S. Con. Res.
21 (110th Congress): Provided further, That the Federal share
of the costs of any project funded using amounts made
available under this section shall be 100 percent in
accordance with section 1(b) of Public Law 110-56 (121 Stat.
588).

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

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

DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM

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

Administrative Provisions--Federal Highway Administration

Sec. 120. (a) For fiscal year 2008, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code (as in effect on the date before the date of enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users); the highway use tax evasion
program; amounts designated under section 124; and the Bureau
of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but
individually for each project numbered 1 through 3676 listed
in the table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users) and 144(g) of title 23, United States Code;
and section 14501 of title 40, United States Code, so that
the amount of obligation authority available for each of such
sections is equal to the amount determined by multiplying the
ratio determined under paragraph (3) by the sums authorized
to be appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than
to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under subsections (b) and (j) of
section 131 of the Surface Transportation Assistance Act of
1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in
effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years; (9) for
Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years
or to remain available until used, but only to the extent
that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2008; and (11) under section 1603 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, to the extent that funds obligated
in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section
in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation
under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.

[[Page S11475]]

(rescission)

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

(rescission)

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

Federal Motor Carrier Safety Administration

Motor Carrier Safety Operations and Programs

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

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

Motor Carrier Safety Grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

(including rescission)

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

Motor Carrier Safety

(highway trust fund)

(rescission)

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

national motor carrier safety program

(highway trust fund)

(rescission)

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

Administrative Provision--Federal Motor Carrier Safety Administration

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

National Highway Traffic Safety Administration

Operations and Research

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

Operations and Research

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

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

National Driver Register

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

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

Highway Traffic Safety Grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

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

Administrative Provisions--National Highway Traffic Safety
Administration

(including rescissions)

Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section
403 of title 23, United States Code, an additional $130,000
shall be made available to the National Highway Traffic
Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and
related expenses for State management reviews and to pay for
core competency development training and related expenses for
highway safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)''

[[Page S11476]]

in prior appropriations Acts, $12,197,113.60 in unobligated
balances are rescinded.
Sec. 142. Of the amounts made available under the heading
``National Driver Register (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $119,914.61 in
unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $10,528,958 in
unobligated balances are rescinded.

Federal Railroad Administration

Safety and Operations

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

Railroad Research and Development

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

Capital Assistance to States--Intercity Passenger Rail Service

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

Railroad Rehabilitation and Improvement Program

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

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for
operation of intercity passenger rail, $485,000,000 to remain
available until expended: Provided, That the Secretary of
Transportation shall approve funding to cover operating
losses for the Corporation only after receiving and reviewing
a grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That the
Corporation is directed to achieve savings through operating
efficiencies including, but not limited to, modifications to
food and beverage service and first class service: Provided
further, That the Inspector General of the Department of
Transportation shall report to the House and Senate
Committees on Appropriations beginning three months after the
date of the enactment of this Act and quarterly thereafter
with estimates of the savings accrued as a result of all
operational reforms instituted by the Corporation: Provided
further, That not later than 120 days after enactment of this
Act, the Corporation shall transmit to the House and Senate
Committees on Appropriations the status of its plan to
improve the financial performance of food and beverage
service and its plan to improve the financial performance of
first class service (including sleeping car service):
Provided further, That the Corporation shall report quarterly
to the House and Senate Committees on Appropriations on its
progress against the milestones and target dates contained in
the plan provided in fiscal year 2007 and quantify savings
realized to date on a monthly basis compared to those
projected in the plan, identify any changes in the plan or
delays in implementing these plans, and identify the causes
of delay and proposed corrective measures: Provided further,
That not later than 90 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary, the House and Senate Committees on Appropriations,
the House Committee on Transportation and Infrastructure and
the Senate Committee on Commerce, Science, and Transportation
a comprehensive business plan approved by the Board of
Directors for fiscal year 2008 under section 24104(a) of
title 49, United States Code: Provided further, That the
business plan shall include, as applicable, targets for
ridership, revenues, and capital and operating expenses:
Provided further, That the plan shall also include a separate
accounting of such targets for the Northeast Corridor;
commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including
Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall
include a description of the work to be funded, along with
cost estimates and an estimated timetable for completion of
the projects covered by this business plan: Provided further,
That the Corporation shall continue to provide monthly
reports in electronic format regarding the pending business
plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such
changes, and shall identify all sole source contract awards
which shall be accompanied by a justification as to why said
contract was awarded on a sole source basis: Provided
further, That the Corporation's business plan and all
subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following
their submission to the appropriate entities: Provided
further, That the leases and contracts entered into by the
Corporation in any year that the Corporation receives a
Federal subsidy after the date of enactment of the Act,
regardless of the place the same may be executed, shall be
governed by the laws of the District of Columbia: Provided
further, That none of the funds under this heading may be
obligated or expended until the Corporation agrees to
continue abiding by the provisions of paragraphs 1, 2, 5, 9,
and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect
on the date of enactment of this Act.

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

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

Administrative Provisions--Federal Railroad Administration

Sec. 150. Notwithstanding any other provision of this Act,
funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. Not later than January 1, 2008, the Federal
Railroad Administrator shall submit a

[[Page S11477]]

report, and quarterly reports thereafter, to the House and
Senate Committees on Appropriations detailing the
Administrator's efforts at improving the on-time performance
of Amtrak intercity rail service operating on non-Amtrak
owned property. Such reports shall compare the most recent
actual on-time performance data to pre-established on-time
performance goals that the Administrator shall set for each
rail service, identified by route. Such reports shall also
include whatever other information and data regarding the on-
time performance of Amtrak trains the Administrator deems to
be appropriate.
Sec. 152. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to
accomplish the purposes of 49 U.S.C. 20134: Provided, That
the Secretary shall prescribe guidelines for the
administration of such purchases and use.
Sec. 153. Hereafter, any lease or contract entered into
between the National Railroad Passenger Corporation and the
State of Maryland or any department or agency of the State of
Maryland, after the date of the enactment of this Act, shall
be governed by the laws of the District of Columbia.

Federal Transit Administration

Administrative Expenses

For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $88,795,000: Provided, That of
the funds available under this heading, not to exceed
$910,239 shall be available for the Office of the
Administrator; not to exceed $6,353,739 shall be available
for the Office of Administration; not to exceed $4,545,039
shall be available for the Office of the Chief Counsel; not
to exceed $1,480,289 shall be available for the Office of
Communication and Congressional Affairs; not to exceed
$8,741,339 shall be available for the Office of Program
Management; not to exceed $10,857,698 shall be available for
the Office of Budget and Policy; not to exceed $4,943,589
shall be available for the Office of Research, Demonstration
and Innovation; not to exceed $3,234,489 shall be available
for the Office of Civil Rights; not to exceed $4,458,289
shall be available for the Office of Planning; not to exceed
$22,551,290 shall be available for regional offices; and not
to exceed $20,719,000 shall be available for the central
account: Provided further, That the Administrator is
authorized to transfer funds appropriated for an office of
the Federal Transit Administration: Provided further, That no
appropriation for an office shall be increased or decreased
by more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That any funding
transferred from the central account shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds
provided or limited in this Act may be used to create a
permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General
for costs associated with audits and investigations of
transit-related issues, including reviews of new fixed
guideway systems: Provided further, That upon submission to
the Congress of the fiscal year 2009 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations
of funds for fiscal year 2009.

FORMULA AND BUS GRANTS

(Liquidation of Contract Authority)

(Limitation on Obligations)

(highway trust fund)

(including rescission)

For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $6,855,000,000, to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $7,872,893,000 in fiscal year 2008: Provided
further, That except as provided in section 3044(b)(1) of
Public Law 109-59, funds made available to carry out 49
U.S.C. 5308 shall instead be available to carry out 49 U.S.C.
5309(b)(3): Provided further, That of the funds available to
carry out the bus program under section 5309 of title 49,
United States Code, which are not otherwise allocated under
this Act or under SAFETEA-LU (Public Law 109-59), not more
than 10 percent may be expended to carry out the Urban
Partnership Congestion Initiative: Provided further, That
$28,660,920 in unobligated balances are rescinded.

RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

Capital Investment Grants

(including rescission)

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

Administrative Provisions--Federal Transit Administration

Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
made available by this Act under ``Federal Transit
Administration, Capital investment grants'' and bus and bus
facilities under ``Federal Transit Administration, Formula
and bus grants'' for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2010, and other recoveries, shall be made
available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2007, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. In regard to the Central Link Initial Segment
Project, to the extent that funds remain available within the
current budget for the project, the Secretary shall amend the
Full Funding Grant Agreement for said project to allow
remaining funds to be used to support completion of the
Airport Link extension of said project.
Sec. 165. Amounts provided for a high capacity fixed
guideway light rail and mass transit project for the City of
Albuquerque, New Mexico, in Public Laws 106-69, 106-346 and
107-87 shall be available for bus and bus facilities.
Sec. 166. Any unobligated amounts made available for the
Commuter Rail, Albuquerque to Santa Fe, New Mexico under the
heading ``Capital Investment Grants'' under the heading
``Federal Transit Administration'' in title I of division A
of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2418) shall be made available

[[Page S11478]]

for public transportation buses, equipment and facilities
related to such buses, and intermodal terminal in Albuquerque
and Santa Fe, New Mexico, subject to the requirements under
section 5309 of title 49, United States Code.
Sec. 167. Notwithstanding any other provision of law, funds
made available for the ``Las Vegas Resort Corridor Fixed
Guideway Project'', the ``CATRAIL RTC Rail Project'', and the
``Las Vegas, Nevada Monorail Project'' in Nevada in Public
Laws 107-87, 108-7, 108-199 and 108-447 may be made available
to the Regional Transportation Commission of Southern Nevada
for bus or bus facilities projects eligible under section
5307 or section 5309 of title 49, United States Code, and
shall remain available until expended.
Sec. 168. The Administrator of the Federal Transit
Administration may conduct a study of the public
transportation agencies in the urbanized areas described in
section 5337(a) of title 49, United States Code (referred to
in this section as ``agencies'').
(a) The study conducted under subsection (a) shall--
(1) analyze the state of repair of the agencies' rail
infrastructure, including bridges, ties, and rail cars;
(2) calculate the amount of Federal funding received by the
agencies during the 9-year period ending September 30, 2007,
pursuant to--
(A) the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240);
(B) the Transportation Equity Act for the 21st Century
(Public Law 105-178); and
(C) the Safe, Accountable, Flexible, Efficient
Transportation Equity: A Legacy for Users (Public Law 109-
59);
(3) estimate the minimum amount of funding necessary to
bring all of the infrastructure described in paragraph (1)
into a state of good repair; and
(4) determine the changes to the rail modernization formula
program that would be required to bring all of the
infrastructure described in paragraph (1) into a state of
good repair.
(b) Not later than 1 year after the date of the enactment
of this Act, the Administrator shall submit to the Committee
on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report that
contains the results of the study conducted under this
section.
Sec. 169. The second sentence of section 321 of the
Department of Transportation and Related Agencies
Appropriations Act, 1986 (99 Stat. 1287) is repealed.
Sec. 170. None of the funds provided or limited under this
Act may be used to issue a final regulation under section
5309 of title 49, United States Code.

Saint Lawrence Seaway Development Corporation

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

Operations and Maintenance

(harbor maintenance trust fund)

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

Maritime Administration

Maritime Security Program

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

Operations and Training

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

Ship Disposal

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

ASSISTANCE TO SMALL SHIPYARDS

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

Maritime Guaranteed Loan (Title XI) Program Account

(including transfer of funds)

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

Ship Construction

(rescission)

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

Administrative Provisions--Maritime Administration

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

Pipeline and Hazardous Materials Safety Administration

Administrative Expenses

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

hazardous materials safety

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

Pipeline Safety

(pipeline safety fund)

(oil spill liability trust fund)

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

Emergency Preparedness Grants

(emergency preparedness fund)

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

Research and Innovative Technology Administration

Research and Development

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

Office of Inspector General

Salaries and Expenses

For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $66,400,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That

[[Page S11479]]

the funds made available under this heading shall be used to
investigate, pursuant to section 41712 of title 49, United
States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers
and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this
proviso.

Surface Transportation Board

Salaries and Expenses

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

General Provisions--Department of Transportation

(including transfers of funds)

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

[[Page S11480]]

(A) on which a toll is imposed or collected under a tolling
provision on the date of enactment of this Act; or
(B) that is constructed, under construction, or the subject
of an application for construction submitted to the
Secretary, after the date of enactment of this Act.
(c) State Buy-Back.--None of the funds made available by
this Act shall be used to impose or collect a toll on a
Federal highway facility in the State of Texas that is
purchased by the State of Texas on or after the date of
enactment of this Act.
Sec. 197. The Secretary of Transportation may conduct a
study of the use of non-hazardous recycled aggregates and
other materials, including reused concrete and asphalt, in
highway projects, to the maximum extent practicable and
whenever economically feasible and consistent with public
health and environmental laws.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2008''.

TITLE II

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

SALARIES AND EXPENSES

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

Executive Operations

OFFICE OF HEARINGS AND APPEALS

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

OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION

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

OFFICE OF THE CHIEF FINANCIAL OFFICER

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

OFFICE OF THE GENERAL COUNSEL

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

OFFICE OF THE CHIEF PROCUREMENT OFFICER

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

CENTER FOR FAITH-BASED AND COMMUNITY INITIATIVES

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

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL AND
INTERGOVERNMENTAL RELATIONS

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

OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AFFAIRS

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

OFFICE OF DEPARTMENTAL EQUAL EMPLOYMENT OPPORTUNITY

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

Administrative Activities

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

ADMINISTRATION SALARIES AND EXPENSES

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

OFFICE OF DEPARTMENTAL OPERATIONS AND COORDINATION

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

OFFICE OF FIELD POLICY AND MANAGEMENT

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

Public and Indian Housing

OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING

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

PUBLIC AND INDIAN HOUSING SALARIES AND EXPENSES

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

Tenant-Based Rental Assistance

(including transfer of funds)

For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$16,598,694,000, to remain available until expended, of which
$12,398,694,000 shall be available on October 1, 2007, and
$4,200,000,000 shall be available on October 1, 2008:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $14,936,200,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act):
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph, the Secretary for
the calendar year 2008 funding cycle shall provide renewal
funding for each public housing agency based on voucher
management system (VMS) leasing and cost data for the most
recently completed period of 12 consecutive months for which
the Secretary determines the data is verifiable and complete
and by applying the 2008 Annual Adjustment Factor as
established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time
renewal of tenant protection or HOPE VI vouchers or vouchers
that were not in use during the 12-month period in order to
be available to meet a commitment pursuant to section
8(o)(13) of the Act: Provided further, That notwithstanding
the first proviso, except for applying the 2008 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies specified in category 1 below shall
receive funding for calendar year 2008 based on the higher of
the amounts the agencies would receive under the first
proviso or the amounts the agencies received in calendar year
2007, and public housing agencies specified in categories 2
and 3 below shall receive funding for calendar year 2008
equal to the amounts the agencies received in calendar year
2007, except that public housing agencies specified in
categories 1 and 2 below shall receive funding under this
proviso only if, and to the extent that, any such public
housing agency submits a plan, approved by the Secretary,
that demonstrates that the agency can effectively use within
12 months the funding that the agency would receive under
this proviso that is in addition to the funding that the
agency would receive under the first proviso: (1) public
housing agencies that are eligible for assistance under
section 901 in Public Law 109-148 (119 Stat. 2781) or are
located in the same counties as those eligible under section
901 and operate voucher programs under section 8(o) of the
United States Housing Act of 1937 but do not operate public
housing under section 9 of such Act, and any public housing
agency that otherwise qualifies under this category must
demonstrate that they have experienced a loss of rental
housing stock as a result of the 2005 hurricanes; (2) public
housing agencies that would receive less funding under the
first proviso than they would receive under this proviso and
that have been placed in receivership within the 24 months
preceding the date of enactment of this Act; and (3) public
housing agencies that spent more in calendar year 2007 than
the total of the amounts of any such public housing agency's
allocation amount for calendar year 2007 and the amount of
any such public housing agency's available housing assistance
payments undesignated funds balance from calendar year 2006
and the amount of any such public housing agency's available
administrative fees undesignated funds balance through
calendar year 2007: Provided further, That up to $100,000,000
shall be available only: (1) to adjust the allocations for
public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act of tenant-based rental
assistance; and (2) for adjustments for public housing
agencies that could experience a significant decrease in
voucher funding that could result in the risk of loss of
voucher units due to the use of VMS data based on a 12-month
period: Provided further, That none of the funds provided
under the first proviso in this section may be used to
support a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract: Provided further, That the Secretary shall,
to the extent necessary to stay within the amount provided
under this paragraph, pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, That except as provided in the following
proviso, the entire amount provided under this paragraph
shall be obligated to the public housing agencies based on
the allocation and pro rata method described above and the
Secretary shall notify public housing agencies of their
annual budget not later than 90 days after enactment of this
Act: Provided further, That public housing agencies
participating in the Moving to Work demonstration shall be
funded pursuant to their Moving to Work agreements and shall
be subject to the same pro rata adjustments under the
previous proviso;
(2) $150,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance: Provided, That the Secretary shall
provide replacement vouchers for all units that cease to be
available as assisted housing due to demolition, disposition,
or conversion, subject only to the availability of funds;
(3) $50,000,000 for family self-sufficiency coordinators
under section 23 of the Act;

[[Page S11481]]

(4) up to $6,494,000 may be transferred to the Working
Capital Fund;
(5) $1,351,000,000 for administrative and other expenses of
public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to
$5,000,000 shall be available as an incentive bonus as
determined by the Secretary for administrative expenses for
PHAs that voluntarily consolidate, and which up to
$35,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, with up to $30,000,000
to be for fees associated with section 8 tenant protection
rental assistance: Provided, That no less than $1,311,000,000
of the amount provided in this paragraph shall be allocated
for the calendar year 2008 funding cycle on a basis to public
housing agencies as provided in section 8(q) of the Act as in
effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (Public Law 105-
276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
required by this paragraph, the Secretary may decrease the
amounts allocated to agencies by a uniform prorated
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide
full payment of amounts required under this paragraph,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, the heading ``Annual Contributions for Assisted
Housing'', the heading ``Housing Certificate Fund'', and the
heading ``Project-based rental assistance'', for fiscal year
2007 and prior years, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That all
amounts provided under this paragraph shall be only for
activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities;
(6) $30,000,000 for incremental voucher assistance through
the Family Unification Program; and
(7) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 305 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to remain
available for homeless veterans upon turnover.

Housing Certificate Fund

(rescission)

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

Project-Based Rental Assistance

(including transfer of funds)

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

Public Housing Capital Fund

(including transfer of funds)

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

Public Housing Operating Fund

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

Revitalization of Severely Distressed Public Housing (Hope VI)

For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937, as amended,
$100,000,000,

[[Page S11482]]

to remain available until September 30, 2008, of which not to
exceed $1,980,000 may be used for technical assistance and
contract expertise, to be provided directly or indirectly by
grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in
such training, by or to officials and employees of the
department and of public housing agencies and to residents:
Provided, That none of such funds shall be used directly or
indirectly by granting competitive advantage in awards to
settle litigation or pay judgments, unless expressly
permitted herein.

Native American Housing Block Grants

(including transfer of funds)

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

native hawaiian housing block grant

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

Indian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

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

Native Hawaiian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

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

Community Planning and Development

OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND
DEVELOPMENT

SALARIES AND EXPENSES

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

COMMUNITY PLANNING AND DEVELOPMENT SALARIES AND EXPENSES

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

Housing Opportunities for Persons With AIDS

(including transfer of funds)

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

Rural Housing and Economic Development

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

Community Development Fund

(including transfer of funds)

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

Community Development Loan Guarantees Program Account

(including transfer of funds)

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

Brownfields Redevelopment

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

HOME Investment Partnerships Program

(including transfer of funds)

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,970,000,000, to remain available
until September 30, 2010, of which not to exceed $3,465,000
may be transferred to the Working Capital Fund: Provided,
That up to $15,000,000 shall be available for technical
assistance: Provided further, That of the total amount
provided in this paragraph, up to $150,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968: Provided further,
That, from amounts appropriated or otherwise made available
under this heading, $25,000,000 may be made available to
promote broader participation in homeownership through the
American Dream Downpayment Initiative, as such initiative is
set forth under section 271 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12821).
Of the overall funds made available for this account, up to
$100,000,000 may be made available for mortgage foreclosure
mitigation activities, under the following terms and
conditions:
(1) The Secretary of Housing and Urban Development
(``Secretary, ``the Department'') is authorized to provide,
or contract with public, private or nonprofit entities
(including the Neighborhood Reinvestment Corporation and
Housing Finance Agencies) to make awards (with up to a 25
percent match by an entity of the amount made available to
such entity) (except for the match, some or all of the award
may be repayable by the contractor to the Secretary, upon
terms determined by the Secretary) to provide mitigation
assistance to eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of

[[Page S11483]]

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

self-help and assisted homeownership opportunity program

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

Homeless Assistance Grants

(including transfer of funds)

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

Housing Programs

OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING, FEDERAL HOUSING
COMMISSIONER

SALARIES AND EXPENSES

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

HOUSING SALARIES AND EXPENSES

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

Housing for the Elderly

(including transfer of funds)

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

Housing for Persons With Disabilities

(including transfer of funds)

For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based

[[Page S11484]]

rental assistance contracts entered into pursuant to section
811 of such Act, $237,000,000, to remain available until
September 30, 2011: Provided, That not to exceed $600,000 may
be transferred to the Working Capital Fund: Provided further,
That, of the amount provided under this heading $74,745,000
shall be for amendments or renewal of tenant-based assistance
contracts entered into prior to fiscal year 2005 (only one
amendment authorized for any such contract): Provided
further, That all tenant-based assistance made available
under this heading shall continue to remain available only to
persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing
the terms and conditions of project rental assistance and
tenant-based assistance, except that the initial contract
term for such assistance shall not exceed 5 years in
duration: Provided further, That amounts made available under
this heading shall be available for Real Estate Assessment
Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.

other assisted housing programs

rental housing assistance

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

(rescission)

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

Flexible Subsidy Fund

(transfer of funds)

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

Manufactured Housing Fees Trust Fund

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

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

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

General and Special Risk Program Account

(including transfers of funds)

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

Government National Mortgage Association

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

SALARIES AND EXPENSES

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

Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

(including transfer of funds)

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

Policy Development and Research

OFFICE OF THE ASSISTANT SECRETARY FOR POLICY DEVELOPMENT AND RESEARCH

SALARIES AND EXPENSES

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

POLICY DEVELOPMENT AND RESEARCH SALARIES AND EXPENSES

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

Research and Technology

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

Fair Housing and Equal Opportunity

OFFICE OF THE ASSISTANT SECRETARY FOR FAIR HOUSING AND EQUAL
OPPORTUNITY

SALARIES AND EXPENSES

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

FAIR HOUSING AND EQUAL OPPORTUNITY SALARIES AND EXPENSES

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

Fair Housing Activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and

[[Page S11485]]

Community Development Act of 1987, as amended, $52,380,000,
to remain available until September 30, 2009, of which
$25,000,000 shall be to carry out activities pursuant to such
section 561: Provided, That notwithstanding 31 U.S.C. 3302,
the Secretary may assess and collect fees to cover the costs
of the Fair Housing Training Academy, and may use such funds
to provide such training: Provided further, That no funds
made available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this
heading, $380,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited english proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.

Office of Lead Hazard Control

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

SALARIES AND EXPENSES

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

Lead Hazard Reduction

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

Working Capital Fund

For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related development activities, $172,600,000, to
remain available until September 30, 2009: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used only for the purposes specified under this
Fund, in addition to the purposes for which such amounts were
appropriated.

Office of Inspector General

(including transfer of funds)

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

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

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

General Provisions--Department of Housing and Urban Development

Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2008 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2008 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2008 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2008 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2008, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a three year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989.
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of

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Housing and Urban Development shall be available for any
program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2008 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2008, HUD shall
transmit this information to the Committees by March 15, 2008
for 30 days of review.
Sec. 209. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 210. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2008 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2008 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 211. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2008
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 212. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2009 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the
identical structure provided under this Act and only in
accordance with the direction specified in the report
accompanying this Act.
Sec. 213. Incremental vouchers previously made available
under the heading ``Housing Certificate Fund'' or renewed
under the heading, ``Tenant-Based Rental Assistance,'' for
non-elderly disabled families shall, to the extent
practicable, continue to be provided to non-elderly disabled
families upon turnover.
Sec. 214. A public housing agency or such other entity that
administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi shall establish an advisory board of not less
than 6 residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 215. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2008 and 2009, the Secretary may authorize the
transfer of some or all project-based assistance, debt and
statutorily required low-income and very low-income use
restrictions, associated with one or more multifamily housing
project to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving
project or projects meets the condition specified in
subsection (c)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this
section; and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act; and,
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which the project-
based assistance, debt, and statutorily required use low-
income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the

[[Page S11487]]

statutorily required low-income and very low-income use
restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 216. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 217. Incremental vouchers made available under this
Act and previously made available under the heading,
``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance'', for family unification
shall, to the extent practicable, continue to be provided for
family unification.
Sec. 218. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third party liability for such damages, and any amounts
collected under this subsection shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.

(Additional Obligation Limitation)

(Highway Trust Fund)

For an additional amount of obligation limitation to be
distributed for the purpose of section 144(e) of title 23,
United States Code, $1,000,000,000: Provided, That such
obligation limitation shall be used only for a purpose
eligible for obligation with funds apportioned under such
section and shall be distributed in accordance with the
formula in such section: Provided further, That in
distributing obligation authority under this paragraph, the
Secretary shall ensure that such obligation limitation shall
supplement and not supplant each State's planned obligations
for such purposes.
Sec. 219. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall issue final regulations to carry out the provisions of
this section.
Sec. 220. Notwithstanding any other provision of law, in
fiscal year 2008, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, the Secretary
shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily
property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8 or
other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental
assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior
to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for
imminent major threats to health and safety. After
disposition of any multifamily property described under this
section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section
524 of MAHRAA.
Sec. 221. The National Housing Act is amended--
(1) in sections 207(c)(3), 213(b)(2)(B)(i),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
1715y(e)(3)(B))--
(A) by striking ``140 percent'' each place such term
appears and inserting ``170 percent''; and
(B) by striking ``170 percent in high cost areas'' each
place such term appears and inserting ``215 percent in high
cost areas''; and
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
follows through ``project-by-project basis'' and inserting
the following: ``206A of this Act) by not to exceed 170
percent in any geographical area where the Secretary finds
that cost levels so require and by not to exceed 170 percent,
or 215 percent in high cost areas, where the Secretary
determines it necessary on a project-by-project basis''.
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and
inserting ``2008''; and
(2) in subsection (o), by striking ``September 30, 2007''
and inserting ``September 30, 2008''.
Sec. 223. Public housing agencies that own and operate 500
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1),(2)).
Sec. 225. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on the status of all
section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-
to-Market program. The Secretary shall in the report identify
all existing units maintained by region as section 8 project-
based units and all project-based units that have opted out
of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all
the reasons for any units which opted out or otherwise were
lost as section 8 project-based units. Such analysis shall
include a review of the impact of the loss any subsidized
units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in
areas with scare housing resources for low-income families.
Sec. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost and
a substantive rationale for using a sole source contract.
Sec. 227. Section 9(e)(2)(C) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding
at the end of the following:
``(iv) Existing contracts.--The term of a contract
described in clause (i) that, as of the date of enactment of
this clause, is in repayment and has a term of not more than
12 years, may be extended to a term of not more than 20 years
to permit additional energy conservation improvements without
requiring the reprocurement of energy performance
contractors.''.
Sec. 228. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title
II, of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) by making
the Alaska Public Housing Agency a Moving-to-Work Agency
under such section 204.
Sec. 229. (a) The referenced statement of managers under
the heading ``Community Development Fund'' in title II of
Public Law 108-447 is deemed to be amended with respect to
item number 203 by striking ``equipment'' and inserting
``renovation and construction''.
(b) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 696 by striking ``a Small Business Development
Center'' and inserting ``for revitalization costs at the
College of Agriculture Biotechnology and Natural Resources''.
(c) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 460 by striking ``Maine-Mawoshen One Country, Two
Worlds Project'' and inserting ``Sharing Maine's Maritime
Heritage Project--Construction and access to exhibits''.
(d) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 914 by striking ``the Pastime Theatre in Bristol,
Rhode Island for building improvements'' and inserting ``the
Institute for the Study and Practice of Nonviolence in
Providence, Rhode Island for building renovations''.
(e) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law

[[Page S11488]]

109-115 is deemed to be amended with respect to item number
918 by striking ``South Kingstown'' and inserting
``Washington County''.
(f) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 624 by striking ``for the construction of a new
technology building'' and inserting ``for renovations to the
Wheeling Community Center''.
Sec. 230. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2008, insure and enter
into commitments to insure mortgages under section 255 of the
National Housing Act (12 U.S.C. 1715z-20).
Sec. 231. Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not rescind or
take any adverse action with respect to the Moving-to-Work
program designation for the Housing Authority of Baltimore
City based on any alleged administrative or procedural errors
in making such designation.
Sec. 232. Paragraph (4) of section 102(a) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302) is
amended by adding at the end the following new sentence:
``Notwithstanding any other provision of this paragraph, with
respect to any fiscal year beginning after the date of the
enactment of this sentence, the cities of Alton and Granite
City, Illinois, may be considered metropolitan cities for
purposes of this title.''.
Sec. 233. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment
shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas
that received the commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 234. Not later than 30 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall establish and maintain on the homepage of
the Internet website of the Department of Housing and Urban
Development--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Housing and Urban
Development; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the
Department of Housing and Urban Development.
Sec. 235. Not later than 90 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development may--
(1) develop a formal, structured, and written plan that the
Department of Housing and Urban Development shall use when
monitoring for compliance with the specific relocation
restrictions in--
(A) the Community Development Block Grant entitlement
program; and
(B) the Community Development Block Grant State program
that receives economic development funds from the Department
of Housing and Urban Development; and
(2) submit such plan to the Committee on Appropriations of
both the Senate and the House of Representatives.
Sec. 236. (a) Required Submissions for Fiscal Years 2007
and 2008.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development may submit to the relevant authorizing committees
and to the Committees on Appropriations of the Senate and the
House of Representatives for fiscal year 2007 and 2008--
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(B) revised estimates of the funding needed to fully fund
all 12 months of all project-based contracts under such
section 8, including project-based contracts that expire in
fiscal year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used to fully fund
all 12 months of the project-based contracts for fiscal years
2007 and 2008.
(2) Updated information.--At any time after the expiration
of the 60-day period described in paragraph (1), the
Secretary may submit corrections or updates to the
information required under paragraph (1), if upon completion
of an audit of the project-based assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), such audit reveals additional information that may
provide Congress a more complete understanding of the
Secretary's implementation of the project-based assistance
program under such section 8.
(b) Required Submissions for Fiscal Year 2009.--As part of
the Department of Housing and Urban Development's budget
request for fiscal year 2009, the Secretary of Housing and
Urban Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives complete and detailed
information, including a project-by-project analysis, that
verifies that such budget request will fully fund all
project-based contracts under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2009,
including expiring project-based contracts.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2008''.

TITLE III

INDEPENDENT AGENCIES

Architectural and Transportation Barriers Compliance Board

Salaries and Expenses

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

Federal Maritime Commission

Salaries and Expenses

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

National Transportation Safety Board

Salaries and Expenses

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

Neighborhood Reinvestment Corporation

Payment to the Neighborhood Reinvestment Corporation

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

United States Interagency Council on Homelessness

Operating Expenses

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

TITLE IV

GENERAL PROVISIONS THIS ACT

(including transfers of funds)

Sec. 401. Such sums as may be necessary for fiscal year
2008 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table

[[Page S11489]]

accompanying the statement of the managers accompanying this
Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the Senate and of the House of Representatives to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include: (1) a table for each
appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
made available for salaries and expenses for fiscal year 2008
in this Act, shall remain available through September 30,
2009, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole source
contracts by no later than July 31, 2008. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain:
Provided further, That the Government Accountability Office,
in consultation with the National Academy of Public
Administration, organizations representing State and local
governments, and property rights organizations, shall conduct
a study to be submitted to the Congress within 12 months of
the enactment of this Act on the nationwide use of eminent
domain, including the procedures used and the results
accomplished on a State-by-State basis as well as the impact
on individual property owners and on the affected
communities.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that the contractor or grantee has filed
all Federal tax returns required during the three years
preceding the certification, has not been convicted of a
criminal offense under the Internal Revenue Code of 1986, and
has not been notified of any unpaid Federal tax assessment
for which the liability remains unsatisfied unless the
assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default or the assessment is
the subject of a non-frivolous administrative or judicial
appeal.
Sec. 415. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, a report
detailing how the Federal Aviation Administration plans to
alleviate air congestion and flight delays in the New York/
New Jersey/Philadelphia Airspace by August 31, 2008.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Administrator of the Federal Aviation Administration to
transfer the design and development functions of the FAA
Academy in their entirety or to implement the Air Traffic
Control Optimum Training Solution proposed by the
Administrator in its entirety prior to September 30, 2008.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2008''.
Mrs. MURRAY. Mr. President, I move to reconsider the vote.
Mr. BOND. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The ACTING PRESIDENT pro tempore. The Senator from Missouri is
recognized.
Mr. BOND. Mr. President, I congratulate and thank Senator Murray for
being such an agile partner and such an effective leader. We finished
the bill in almost record time. For a bill of this complexity, I might
even claim it is record time.
The legislation is very complex. You have seen that it is
controversial and can even be very political, as we saw with the
Mexican trucking issue.
As always, Senator Murray deserves a great deal of credit and
accolades for her ability to balance the many tough and controversial
issues that make up the legislation, and to do so with a smile and good
humor despite circumstances that would have brought out a more
difficult response from a lesser person.
We also thank her crack staff, including Peter Rogoff, Bill Simpson,
Rachel Milberg, Meaghan McCarthy, and Teri Curtin. I also thank my
staff for a great job: Jon Kamarck, Ellen Beares, and Matt McCardle.
Each of them brought special contributions, as well as hard work, to
the bill, spending many late nights and weekends to make sure the HUD
fiscal year 2008 appropriations bill would reflect a balanced and
bipartisan approach to the legislation that could be supported by
Members on both sides of the aisle. We thank the overwhelming majority
who voted for it. A special thanks goes to our Republican and
Democratic floor staff for bringing their special expertise and making
us all look the part of respectable, hard-charging legislators and
untangling the knots that sometimes occur in the process.
As I did on Monday, I want to brag about our ability to include
funding increases above the budget request for HUD's housing and
community development programs. These are important programs to help
build our communities and without which a number of persons--a
significant number of persons--would be placed at risk of homelessness.
That would have been a particular hardship on many seniors and persons
with disabilities.
I also want to repeat my gratitude that we were able to include $75
million in section 8 funds for the VA Affairs Supportive Housing
Program. It is critical as service people continue to return from Iraq
and face new realities

[[Page S11490]]

that can include the need for housing and other services. This program
will become even more worthwhile as young, disabled service men and
women make the difficult adjustment to civilian life.
As Members know, after 2 full days on this bill, with regard to FAA,
this bill continues to support the beginning stage of the NextGen Air
Transportation System. This bill also contains funds above the
administration's request for flight inspection and certification
personnel.
These funds are needed and will ensure the continued safety of the
National Airspace System. I also want to note the additional funds for
the Airport Improvement Program, which has been and remains an
important bipartisan priority for this subcommittee.
In addition, the bill meets the guarantees of SAFETEA for highways
and, and for the most part, transit. We include the revenue aligned
budget authority, RABA, which was not included in the President's
budget. In addition, we have included some $1 billion in obligation
limitation as a starter account for the inspection of our aging bridges
after those tragic deaths in Minnesota when the bridge collapsed.
Finally, as I noted previously, there are some issues that we will
have to address before the bill can become law. For example, we include
the revenue aligned budget authority which was not included in the
President's budget. The bill also contains a $2.89 billion rescission
of highway contract authority apportionments to the states, used as a
budgetary offset. The bill also includes an additional $43,359,000 in
Admin CA and another $172,243,000 in an unused transportation
innovative financing infrastructure account, TIFIA, contract authority
for a total offset of spending of $3.495 billion. HUD also includes a
rescission of $1.1 billion.
Finally, I continue to be concerned over HUD's and OMB's failure to
provide adequate funding for HUD's section 8 project-based housing
program for fiscal year 2008. This is not an option but is a
contractual obligation. Most important, this is a critical and
important program that serves many of our most vulnerable citizens such
as extremely low-income families, including seniors and persons with
disabilities. HUD has been unable to fund fully or timely many of these
contracts during fiscal year 2007, and I understand that this problem
will only get worse in fiscal year 2008 with HUD facing a shortfall in
its section 8 project-based account of $2 billion or more. I know this
program enjoys wide support in this Congress and I would fully expect
OMB to provide the necessary funds for the program through a budget
amendment or as part of a continuing resolution or through emergency
supplemental legislation.
And while I am pleased with much of the bill, especially needed
spending in critical programs, I am concerned that we are on a
collision course with the White House on the spending levels contained
in this bill. I fear that both sides are going to have to make
adjustments. I just hope that any adjustments do not result in the loss
of any of the positive investments made we have made in this bill.
I will conclude by again thanking my colleague, Senator Murray, her
staff, my staff, and the floor staff. Thanks for the help of everybody.
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate insists on its amendment, requests a conference with the House,
and the Chair appoints the following conferees.
The ACTING PRESIDENT pro tempore appointed Mrs. Murray, Mr. Byrd, Ms.
Mikulski, Mr. Kohl, Mr. Durbin, Mr. Dorgan, Mr. Leahy, Mr. Harkin, Mrs.
Feinstein, Mr. Johnson, Mr. Lautenberg, Mr. Inouye, Mr. Bond, Mr.
Shelby, Mr. Specter, Mr. Bennett, Mrs. Hutchison, Mr. Brownback, Mr.
Stevens, Mr. Domenici, Mr. Alexander, Mr. Allard, and Mr. Cochran
conferees on the part of the Senate.
The ACTING PRESIDENT pro tempore. The Senator from Washington is
recognized.
Mrs. MURRAY. Mr. President, let me thank my colleague from Missouri,
Senator Bond, who has worked hard with me, the staff, and all of us who
have been working to get this bill to the floor and pass it. It is an
extremely difficult bill, covering a wide variety of programs and
projects throughout the country. We started this process way back in
the beginning of the year with the budget process. He and I spent many
conversations on the phone working together, getting our bill through
subcommittee, full committee, and now to the Senate floor.
I could not have done it without Senator Bond's help and support,
particularly in the housing arena, helping to work through a lot of
difficult issues. I thank him in particular for his diligence and his
ability to help us get through this today.
Also, I thank his staff: Jon Kamarck, Ellen Beares, and Matt
McCardle. They have been there time and again to help us work through
the issues. I thank my staff: Peter Rogoff, Rachel Milberg, Bill
Simpson, Meaghan McCarthy, and Terri Curtin. They spent innumerable
all-night sessions trying to get us to reach deadlines and get the bill
to the Senate floor. Without their expertise, we would not be here. I
thank them on behalf of all of us in this country. I thank, from my
personal staff, Travis Lumpkin, who has been here working with us to
get this bill through, as well as Mike Spahn, of my floor staff, who
spent a lot of time helping us work through all the difficult parts of
the bill. It takes a lot of people to get a bill of this complexity to
the floor, and every one of them should be recognized.
We cannot do these bills on our own. A lot of people put a lot of
time and energy into getting us to this point. I thank Senators Byrd
and Cochran, the chairman and ranking member of the full committee, who
have worked with all of us on appropriations to get our work done in a
timely fashion.
This bill is headed to conference. It is an extremely important bill.
As we have heard throughout the last days as we have debated the bill,
every American is touched by the impact of this legislation. If you get
up and go to work, whether you drive or, as we heard yesterday, ride a
bike; whether you go on an Amtrak train or if you have to fly, what we
decide in this bill and how we set spending priorities makes a
difference in your life.
For many Americans who are facing a housing crisis today, this bill
addresses those concerns, as the Senator from Missouri talked about.
This is an extremely important piece of legislation. We received the
President's budget with severe cuts in Amtrak, in housing, in FAA
modernization, and many more that I have talked about over the last
several days. This Senate has said we have to invest in the
infrastructure of this country. We need to move forward in making sure
that average, everyday Americans who get up and go to work, enjoy time
with their families, who want to be able to participate in our
communities, have a right to do that, and we have an obligation as a
Congress to make sure the infrastructure is in place.
We are going to continue to work on this bill with our colleagues on
the other side of the Capitol, our House counterparts. I hope we can
get a bill to the President and get it signed and move these programs
forward so the money we have debated and talked about will be allocated
and our communities across this country will benefit from it.
Mr. President, I again thank my colleague from Missouri.
Mr. SALAZAR. Mr. President, I want to make a few comments about H.R.
3074, the Transportation, Housing, and Urban Development Appropriations
Act of 2007, which we passed earlier today by an overwhelming
bipartisan majority. This bill will make much-needed investments in
aging roads and bridges around the country. It will help make the skies
safer for travel. It will revitalize struggling communities with
economic development grants. And it will get a roof over the heads of
many of the 200,000 veterans who find themselves homeless on any given
night.
I want to thank Chairman Murray, Ranking Member Bond, Chairman Byrd,
Ranking Member Cochran, and all the members of the committee for their
work on a bill that makes such wise investments in our transportation,
in our communities, and in our veterans.
This summer, as Americans took to the highways with their families,
traveling long stretches of bumpy roads across aging bridges on their
way to their vacation destination, they were

[[Page S11491]]

painfully aware of our Government's neglect of our transportation
infrastructure over the last several years.
Potholes and traffic jams can take a toll on your car and your
pocketbook. A 2006 survey showed that driving on rough roads is costing
the average urban motorist about $383 a year in added vehicle
maintenance costs. With gas inching back toward $3 a gallon, that is an
added strain on a family's budget.
Beyond this economic strain, though, failing and deteriorating
infrastructure can lead to tragic consequences. Roadway conditions are
a significant factor in approximately one-third of traffic fatalities.
The August 1 collapse of I-35W in Minneapolis was among the most
tragic examples of this danger. Thirteen people died, and around 100
were injured, when the eight-lane truss bridge collapsed into the
Mississippi River.
The Minneapolis disaster has engineers and planners around the
country taking a second look at the condition of their bridges. And
what they are finding is troubling.
In Colorado, nearly 7 percent of our bridges are structurally
deficient and need immediate attention. 110 bridges that belong to the
State need full replacement. Another 375 need rehabilitation.
Unfortunately, the backlog of bridgework that needs to be done in our
State is an overwhelming $758 million. In Colorado and across the
country, we desperately need more resources to get this work done. I
believe the Senate made a wise investment when it voted overwhelmingly
in support of Senator Murray's amendment to add $1 billion in dedicated
funding for the Federal Highway Administration's bridge replacement and
rehabilitation program.
We also must recommit ourselves to investing in our roads and
highways. They are the veins of commerce that sustain our economy. Our
ability to move goods and people quickly and safely is absolutely
fundamental to continued growth.
The American people, and the people of Colorado, understand this.
When I visit a town like Gunnison, maintenance and improvements to
Highway 50, which links Pueblo and the Front Range with Gunnison and
the Western Slope, is at the top of the list for local elected
officials. When I visit Eagle County, Clear Creek County, and Summit
County, I-70 investments are front and center. And when I meet with
officials in Lamar, Springfield, and Eads, maintenance of Highway 287,
part of the ``Ports to Plains'' corridor, is the topic of conversation.
For each of these communities, good roads are essential for economic
vitality. Across the political spectrum, across a broad range of
interests and professions, Coloradans understand this. Two years ago,
we voted to allow the state government to retain an additional $5.7
billion in revenues over 5 years to help fund our schools and our
roads. The statewide referendum passed comfortably because the Colorado
business community knows that failing infrastructure is a drag on an
economy. Smart investments in bridges, roads, and airports yield strong
returns over the long term.
The bill we passed earlier today makes these needed investments in
our Nation's transportation infrastructure. It allocates $65.7 billion
to transportation, including $40.2 billion for highway construction.
This will allow for us to move ahead with several vital projects in
Colorado.
Notably, the bill includes $5 million for continued construction of a
new interchange near Gate 20 at Fort Carson. The Mountain Post is
accommodating two additional brigades and is growing by approximately
12,000 troops over the next 2 years. Gate 20 allows soldiers and
contractors to enter the base from Fountain, Pueblo, and points south
of the base. The base commander, General Mixon, sees this as a top
priority and we help him fulfill it with this bill.
Additionally, the bill provides $2 million for work on the Ports to
Plains Highway, U.S. 287, near Lamar. This builds on the over $11
million we have invested in his project over the past 3 years to build
the capacity of this major north-south commercial artery. I have driven
that road many times over the past few years, and it is improving
steadily. You see more trucks on that road now, and you see more goods
moving to market more quickly.
In southern Colorado, we have included funding to restore a road
leading to one of our newest national parks, Great Sand Dunes, in my
native San Luis Valley. 300,000 visitors a year come to Great Sand
Dunes. It is a boon to the local economy, and the $3 million for
resurfacing State Highway 150 to the Sand Dunes will help more
Americans see this treasure of the American West.
But the transportation portion of this bill does not simply fund new
roads. It also includes forward-thinking investments in mass transit
solutions to reduce the wear and tear on our highways, to save gas, and
to unclog traffic jams. This bill includes $70 million for the Denver
Regional Transportation District's West Corridor Light Rail Project and
$70 million for RTD's Southeast Corridor Multi-Modal Project.
Coloradans know it as T-Rex. It blends light rail and highway
improvements in one of the largest mass transit projects that is
underway in the United States. It is changing how people commute and
where they are choosing to live. This bill keeps Denver's
transportation revolution on track.
Finally, I would also like to express my strong support for the
funding this legislation makes available for the community development
block grant program. I have heard from public officials across
Colorado, and they all tell me that the CDBG program is one of the most
effective Federal Government programs available to cities, towns, and
rural communities in our State, and across the Nation.
Last year, Colorado alone received nearly $40 million from the CDBG
program, with several towns and cities receiving in excess of $1.5
million apiece. While the President's budget would have cut this
funding by 20 percent, the underlying legislation restores those cuts
and provides $3.77 billion for the program. We should not be slashing
funding for one of our most effective and efficient tools for
energizing communities and improving housing infrastructure. This bill
does the right thing and restores this program.
I am proud of the bill that we passed--it sets the right priorities
and makes smart investments in our transportation infrastructure and in
our communities. I want to again thank Chairman Murray, Ranking Member
Bond, the Appropriations Committee, and their staffs for their work on
this bill. I hope it is signed into law.

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