[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Placed on Calendar Senate (PCS)]
Calendar No. 272
110th CONGRESS
1st Session
S. 1789
[Report No. 110-131]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2007
Mrs. Murray, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
Rule___________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation and Housing
and Urban Development, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation and Housing and Urban Development, and Related Agencies
for the fiscal year ending September 30, 2008, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $95,197,000,
of which not to exceed $2,314,274 shall be available for the immediate
Office of the Secretary; not to exceed $736,833 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $18,719,099
shall be available for the Office of the General Counsel; not to exceed
$11,874,050 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,416,963 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,384,312 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $24,007,990 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,987,803 shall be available for the Office of Public
Affairs; not to exceed $1,534,557 shall be available for the Office of
the Executive Secretariat; not to exceed $1,334,596 shall be available
for the Office of Small and Disadvantaged Business Utilization; not to
exceed $8,299,072 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $11,587,000 shall be available
for the Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 5 percent by all such transfers: Provided further, That notice of
any change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation within the
Department for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding any
other provision of law, excluding fees authorized in Public Law 107-71,
there may be credited to this appropriation up to $2,500,000 in funds
received in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of Assistant
Secretary for Public Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,140,900.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $14,115,000.
working capital fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $128,094,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
minority business resource center program
For the cost of guaranteed loans, $370,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $521,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until September
30, 2009: Provided, That notwithstanding 49 U.S.C. 332, these funds may
be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $60,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air service
program in the current fiscal year, the Secretary shall transfer such
sums as may be necessary to carry out the essential air service program
from any available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year.
compensation for air carriers
(rescission)
Of the remaining unobligated balances under section 101(a)(2) of
Public Law 107-42, $22,000,000 are rescinded.
administrative provisions--office of the secretary of transportation
Sec. 101. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 102. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 103. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$8,761,783,000, of which $6,400,580,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,964,813,000
shall be available for air traffic organization activities; not to
exceed $1,092,103,000 shall be available for aviation safety
activities; not to exceed $12,837,437 shall be available for commercial
space transportation activities; not to exceed $103,848,661 shall be
available for financial services activities; not to exceed $91,214,239
shall be available for human resources program activities; not to
exceed $290,872,359 shall be available for region and center operations
and regional coordination activities; not to exceed $166,541,633 shall
be available for staff offices; and not to exceed $39,552,285 shall be
available for information services: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That the Secretary utilize not
less than $20,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided further,
That none of the funds provided for increases to the staffs of the
aviation flight standards and aircraft certification offices shall be
used for other purposes: Provided further, That not later than March 31
of each fiscal year hereafter, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That none of the funds in
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $8,500,000 shall be for
the contract tower cost-sharing program: Provided further, That none of
the funds in this Act shall be available for paying premium pay under 5
U.S.C. 5546(a) to any Federal Aviation Administration employee unless
such employee actually performed work during the time corresponding to
such premium pay: Provided further, That none of the funds in this Act
for aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and the purchase, lease, or transfer
of aircraft from funds available under this heading, including aircraft
for aviation regulation and certification; to be derived from the
Airport and Airway Trust Fund, $2,516,920,000, of which $2,056,947,000
shall remain available until September 30, 2010, and of which
$459,973,000 shall remain available until September 30, 2008: Provided,
That there may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and private
sources, for expenses incurred in the establishment and modernization
of air navigation facilities: Provided further, That upon initial
submission to the Congress of the fiscal year 2009 President's budget,
the Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2009 through 2013, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $148,800,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2010: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,514,500,000 in fiscal year 2008, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$80,676,000 shall be obligated for administration, not less than
$10,000,000 shall be available for the airport cooperative research
program, not less than $18,712,000 shall be for Airport Technology
Research and $10,000,000 shall be available and transferred to the
account available to administer the small community air service
development program, to remain available until expended.
(rescission)
Of the amounts authorized for the fiscal year ending September 30,
2007, and prior years under sections 48103 and 48112 of title 49,
United States Code, $185,500,000 are rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 375 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2008.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2008, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2006,'' each place it appears and inserting
``2008,''.
(b) Section 44303(b) of such title is amended by striking ``2006,''
and inserting ``2008,''.
(c) Section 44310 of such title is amended by striking ``March 30,
2008'' and inserting ``December 31, 2008''.
Sec. 115. (a) In General.--A pilot who has attained 60 years of age
may serve as a pilot of an aircraft operated by an air carrier engaged
in operations under part 121 of title 14, Code of Federal Regulations,
until attaining 65 years of age only if the pilot serves--
(1) as a required pilot in multi-crew aircraft operations;
and
(2) with another pilot serving as a required pilot in such
multi-crew aircraft operations who has not yet attained 60
years of age.
(b) Sunset of Age-60 Rule.--
(1) In general.--Section 121.383(c) of title 14, Code of
Federal Regulations shall have no further force or effect.
(2) Regulations.--Not later than 30 days after paragraph
(1) takes effect, the Secretary of Transportation shall take
such action as may be necessary to implement paragraph (1) and
to modify the regulations relating to pilot privileges by
reason of age.
(c) Applicability.--The provisions of subsection (a) shall not
provide a basis for a claim of seniority under any labor agreement in
effect between a recognized bargaining unit for pilots and an air
carrier engaged in operations under part 121 of title 14, Code of
Federal Regulations, that is made by a person who was a pilot and who
attained 60 years of age before this section takes effect and is
seeking a position as a pilot with such air carrier following that
person's termination or cessation of employment or promotion or
transfer to another position with such air carrier pursuant to section
121.383(c) of title 14, Code of Federal Regulations, as in effect on
the day before the effective date of this section.
(d) GAO Report After Modification of Age-60 Standard.--Not later
than 24 months after the effective date described in subsection (e),
the Comptroller General of the United States shall report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
concerning the effect on aviation safety, if any, of the modification
of the age standard contained in subsection (a).
(e) Effective Date.--This section shall take effect 30 days after
the date of the enactment of this Act.
Federal Highway Administration
limitation on administrative expenses
Not to exceed $377,556,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation.
federal-aid highways
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $40,216,051,359 for Federal-aid highways and highway
safety construction programs for fiscal year 2008: Provided, That
within the $40,216,051,359 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$429,800,000 shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2008: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay
for such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$40,955,051,359 or so much thereof as may be available in and derived
from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $2,890,000,000 are
rescinded: Provided, That such rescission shall not apply to the funds
distributed in accordance with sections 130(f) and 104(b)(5) of title
23, United States Code; sections 133(d)(1) and 163 of such title, as in
effect on the day before the date of enactment of Public Law 109-59;
and the first sentence of section 133(d)(3)(A) of such title.
appalachian development highway system
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under section
1069(y) of Public Law 102-240, as amended, $20,000,000, to remain
available until expended.
delta regional transportation development program
For necessary expenses for the Delta Regional Transportation
Development Program as authorized under section 1308 of Public Law 109-
59, $20,000,000, to remain available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2008, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
amounts designated under section 124; and the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section
105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but individually
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users) and
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs that
are allocated by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code (other than to programs
to which paragraphs (1) and (4) apply), by multiplying the
ratio determined under paragraph (3) by the amounts authorized
to be appropriated for each such program for such fiscal year;
and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but only
to the extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $2,639,000,000,
and the Appalachian development highway system program) that
are apportioned by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
(b) and (j) of section 131 of the Surface Transportation Assistance Act
of 1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years; (9) for Federal-aid
highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005
through 2008; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
the extent that funds obligated in accordance with that section were
not subject to a limitation on obligations at the time at which the
funds were initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year, revise a distribution of the obligation limitation made available
under subsection (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for
obligation, in such fiscal year due to the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
to the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
(rescission)
Sec. 122. Of the amounts made available under section 104(a) of
title 23, United States Code, $43,358,601 are rescinded.
(rescission)
Sec. 123. Of the unobligated balances made available under section
188(a)(1) of title 23, United States Code, as in effect on the day
before the date of enactment of Public Law 109-59, and under section
608(a)(1) of such title, $187,146,000 are rescinded.
Sec. 124. Notwithstanding any other provision of law, funds
authorized under section 110 of title 23, United States Code, for
fiscal year 2008 shall be designated for projects and competitive
initiatives as listed in the report accompanying this Act.
Sec. 125. Not less than 15 days prior to waiving, under her
statutory authority, any Buy America requirement for Federal-aid
highway projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor. The Secretary shall provide an
annual report to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 126. Notwithstanding section 378 of the Department of
Transportation and Related Agencies Appropriations Act, 2001 (Public
Law 106-346; 114 Stat. 1356A-38), amounts made available under that
section for a project for construction of and improvements to North
Shore Road in Swain County, North Carolina, that remain unobligated and
unexpended after issuance of the record of decision for that project
may be used to implement the selected alternative included in the
record of decision.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $231,469,553, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$231,469,553, for ``Motor Carrier Safety Operations and Programs'', of
which $7,550,000, to remain available for obligation until September
30, 2010, is for the research and technology program and $1,000,000
shall be available for commercial motor vehicle operator's grants to
carry out section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under
this heading for outreach and education shall be available for
transfer.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $300,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$300,000,000, for ``Motor Carrier Safety Grants''; of which
$202,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104(a) of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle information
systems and networks deployment program to carry out section 4126 of
Public Law 109-59; $3,000,000 shall be available for the safety data
improvement program to carry out section 4128 of Public Law 109-59; and
$8,000,000 shall be available for the commercial driver's license
information system modernization program to carry out section 31309(e)
of title 49, United States Code: Provided further, That of the funds
made available for the motor carrier safety assistance program,
$29,000,000 shall be available for audits of new entrant motor
carriers: Provided further, That $11,260,214 in unobligated balances
are rescinded.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $32,187,720 in unobligated balances are rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this hearing in prior
appropriations Act, $5,212,858 in unobligated balances are rescinded.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28, including that the
Secretary submit a report to the House and Senate Appropriations
Committees annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $124,406,000, of which $26,156,000 shall remain available
until September 30, 2010: Provided, That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2008, are in excess of
$107,750,000 for programs authorized under 23 U.S.C. 403.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until September 30, 2010: Provided, That none of the funds in
this Act shall be available for the implementation or execution of
programs the total obligations for which, in fiscal year 2008, are in
excess of $4,000,000 for the National Driver Register authorized under
such chapter.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $599,250,000 to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2008, are in excess of
$599,250,000 for programs authorized under 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $225,000,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406;
$34,500,000 shall be for ``State Traffic Safety Information System
Improvements'' under 23 U.S.C. 408; $131,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
under 23 U.S.C. 410; $18,250,000 shall be for ``Administrative
Expenses'' under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under section 2009
of Public Law 109-59; $6,000,000 shall be for ``Motorcyclist Safety''
under section 2010 of Public Law 109-59; and $6,000,000 shall be for
``Child Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed $750,000
of the funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required under section
2009(f) of Public Law 109-59.
administrative provisions--national highway traffic safety
administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23,
United States Code, an additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $12,197,113.60 in unobligated balances are
rescinded.
Sec. 142. Of the amounts made available under the heading
``National Driver Register (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $119,914.61 in unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading ``Highway
Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $10,528,958 in unobligated balances are rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $151,186,000, of which $12,268,890 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$36,250,000, to remain available until expended.
capital assistance to states--intercity passenger rail service
To enable the Federal Railroad Administrator to make grants to
States for the capital costs of improving existing intercity passenger
rail service and providing new intercity passenger rail, $100,000,000,
to remain available until expended: Provided, That grants shall be
provided to a State only on a reimbursable basis: Provided further,
That grants cover no more than 50 percent of the total capital cost of
a project selected for funding: Provided further, That no later than
eight months following enactment of this Act, the Secretary shall
establish and publish criteria for project selection, set a deadline
for grant applications, and provide a schedule for project selection:
Provided further, That the provisions of section 24312 of title 49,
United States Code, shall apply to grantees assisted under this
paragraph: Provided further, That to be eligible for this assistance,
States must include intercity passenger rail service as an integral
part of statewide transportation planning as required under section 135
of title 23, United States Code: Provided further, That the specific
project must be on the Statewide Transportation Improvement Plan at the
time of the application to qualify: Provided further, That the
Secretary give priority to applications for projects that improve the
safety and reliability of intercity passenger trains, involve a
commitment by freight railroads to an enforceable on-time performance
of passenger trains of 80 percent or greater, involve a commitment by
freight railroads of financial resources commensurate with the benefit
expected to their operations, improve or extend service on a route that
requires little or no Federal assistance for its operations, involve a
commitment by States or railroads of financial resources to improve the
safety of highway/rail grade crossings over which the passenger service
operates.
railroad rehabilitation and improvement program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2008.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $485,000,000 to remain available until
expended: Provided, That the Secretary of Transportation shall approve
funding to cover operating losses for the Corporation only after
receiving and reviewing a grant request for each specific train route:
Provided further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and capital
expenditure projection justifying the Federal support to the
Secretary's satisfaction: Provided further, That the Corporation is
directed to achieve savings through operating efficiencies including,
but not limited to, modifications to food and beverage service and
first class service: Provided further, That the Inspector General of
the Department of Transportation shall report to the House and Senate
Committees on Appropriations beginning three months after the date of
the enactment of this Act and quarterly thereafter with estimates of
the savings accrued as a result of all operational reforms instituted
by the Corporation: Provided further, That not later than 120 days
after enactment of this Act, the Corporation shall transmit to the
House and Senate Committees on Appropriations the status of its plan to
improve the financial performance of food and beverage service and its
plan to improve the financial performance of first class service
(including sleeping car service): Provided further, That the
Corporation shall report quarterly to the House and Senate Committees
on Appropriations on its progress against the milestones and target
dates contained in the plan provided in fiscal year 2007 and quantify
savings realized to date on a monthly basis compared to those projected
in the plan, identify any changes in the plan or delays in implementing
these plans, and identify the causes of delay and proposed corrective
measures: Provided further, That not later than 90 days after enactment
of this Act, the Corporation shall transmit, in electronic format, to
the Secretary, the House and Senate Committees on Appropriations, the
House Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation a comprehensive
business plan approved by the Board of Directors for fiscal year 2008
under section 24104(a) of title 49, United States Code: Provided
further, That the business plan shall include, as applicable, targets
for ridership, revenues, and capital and operating expenses: Provided
further, That the plan shall also include a separate accounting of such
targets for the Northeast Corridor; commuter service; long-distance
Amtrak service; State-supported service; each intercity train route,
including Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall include a
description of the work to be funded, along with cost estimates and an
estimated timetable for completion of the projects covered by this
business plan: Provided further, That the Corporation shall continue to
provide monthly reports in electronic format regarding the pending
business plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such changes, and
shall identify all sole source contract awards which shall be
accompanied by a justification as to why said contract was awarded on a
sole source basis: Provided further, That the Corporation's business
plan and all subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That the
leases and contracts entered into by the Corporation in any year that
the Corporation receives a Federal subsidy after the date of enactment
of the Act, regardless of the place the same may be executed, shall be
governed by the laws of the District of Columbia: Provided further,
That none of the funds under this heading may be obligated or expended
until the Corporation agrees to continue abiding by the provisions of
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the
direct loan agreement of June 28, 2002, in the same manner as in effect
on the date of enactment of this Act: Provided further, That none of
the funds provided in this Act may be used after March 1, 2006, to
support any route on which Amtrak offers a discounted fare of more than
50 percent off the normal, peak fare: Provided further, That the
preceding proviso does not apply to routes where the operating loss as
a result of the discount is covered by a State and the State
participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the Corporation, including
railroad equipment, rolling stock, legal mandates and other services,
$885,000,000, to remain available until expended, of which not to
exceed $285,000,000 shall be for debt service obligations: Provided,
That the Secretary may retain up to one-quarter of one percent of the
funds under this heading to fund the oversight by the Federal Railroad
Administration of the design and implementation of capital projects
funded by grants made under this heading: Provided further, That the
Secretary shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation only after
receiving and reviewing a grant request for each specific capital grant
justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the Corporation: Provided further,
That none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or on the
Corporation's fiscal year 2008 business plan: Provided further, That
$35,000,000 of amounts made available under this heading shall be
available until expended for capital improvements if the Corporation
demonstrates to the Secretary's satisfaction that the Corporation has
achieved operational savings and met ridership and revenue targets as
defined in the Corporation's business plan: Provided further, That of
the funds provided under this section, not less than $5,000,000 shall
be expended for the development and implementation of a managerial cost
accounting system, which includes average and marginal unit cost
capability: Provided further, That within 90 days of enactment, the
Department of Transportation Inspector General shall review and comment
to the Secretary of Transportation and the House and Senate Committees
on Appropriations upon the strengths and weaknesses of the system being
developed by the Corporation and how it best can be implemented to
improve decision making by the Board of Directors and management of the
Corporation: Provided further, That not later than 180 days after the
enactment of this Act, the Secretary, in consultation with the
Corporation and the States on the Northeast Corridor, shall establish a
common definition of what is determined to be a ``state of good
repair'' on the Northeast Corridor and report its findings, including
definitional areas of disagreement, to the House and Senate Committees
on Appropriations, the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science, and
Transportation.
administrative provisions--federal railroad administration
Sec. 150. Notwithstanding any other provision of this Act, funds
provided in this Act for the National Railroad Passenger Corporation
shall immediately cease to be available to said Corporation in the
event that the Corporation contracts to have services provided at or
from any location outside the United States. For purposes of this
section, the word ``services'' shall mean any service that was, as of
July 1, 2006, performed by a full-time or part-time Amtrak employee
whose base of employment is located within the United States.
Sec. 151. Not later than January 1, 2008, the Federal Railroad
Administrator shall submit a report, and quarterly reports thereafter,
to the House and Senate Committees on Appropriations detailing the
Administrator's efforts at improving the on-time performance of Amtrak
intercity rail service operating on non-Amtrak owned property. Such
reports shall compare the most recent actual on-time performance data
to pre-established on-time performance goals that the Administrator
shall set for each rail service, identified by route. Such reports
shall also include whatever other information and data regarding the
on-time performance of Amtrak trains the Administrator deems to be
appropriate.
Sec. 152. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
guidelines for the administration of such purchases and use.
Sec. 153. Hereafter, any lease or contract entered into between the
National Railroad Passenger Corporation and the State of Maryland or
any department or agency of the State of Maryland, after the date of
the enactment of this Act, shall be governed by the laws of the
District of Columbia.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $88,795,000: Provided, That of the funds available under
this heading, not to exceed $910,239 shall be available for the Office
of the Administrator; not to exceed $6,353,739 shall be available for
the Office of Administration; not to exceed $4,545,039 shall be
available for the Office of the Chief Counsel; not to exceed $1,480,289
shall be available for the Office of Communication and Congressional
Affairs; not to exceed $8,741,339 shall be available for the Office of
Program Management; not to exceed $10,857,698 shall be available for
the Office of Budget and Policy; not to exceed $4,943,589 shall be
available for the Office of Research, Demonstration and Innovation; not
to exceed $3,234,489 shall be available for the Office of Civil Rights;
not to exceed $4,458,289 shall be available for the Office of Planning;
not to exceed $22,551,290 shall be available for regional offices; and
not to exceed $20,719,000 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer
funds appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49, United
States Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon submission
to the Congress of the fiscal year 2009 President's budget, the
Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for
fiscal year 2009.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, $6,855,000,000, to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
105-178, as amended, shall not exceed total obligations of
$7,872,893,000 in fiscal year 2008: Provided further, That except as
provided in section 3044(b)(1) of Public Law 109-59, funds made
available to carry out 49 U.S.C. 5308 shall instead be available to
carry out 49 U.S.C. 5309(b)(3): Provided further, That $28,660,920 in
unobligated balances are rescinded.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $65,500,000, to remain available until expended:
Provided, That $9,300,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, and $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$44,900,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
capital investment grants
(including rescission)
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,566,000,000, to remain available until expended:
Provided, That of the funds available under this heading, amounts are
to be made available as follows:
For section 5309(m)(6)(B) of title 49, United States Code,
$15,000,000.
For section 5309(m)(6)(C) of title 49, United States Code,
$5,000,000.
For the following sections of Public Law 109-59:
Section 3043(b)(9), $11,200,000;
Section 3043(d)(35), $18,965,043;
Section 3043(d)(10), $70,000,000;
Section 3043(b)(18), $5,000,000;
Section 3043(b)(1), $13,000,000;
Section 3043(b)(15), $65,000,000;
Section 3043(b)(21), $125,000,000;
Section 3043(b)(23), $20,000,000;
Section 3043(b)(22), $35,000,000;
Section 3043(c)(231), $30,000,000;
Section 3043(a)(19), $90,000,000;
Section 3043(a)(9), $70,000,000;
Section 3043(a)(7), $51,560,484;
Section 3043(a)(5), $36,500,000;
Section 3043(a)(31), $35,000,000;
Section 3043(a)(16), $55,192,995;
Section 3043(b)(20), $200,000,000;
Section 3043(b)(27), $80,000,000;
Section 3043(a)(20), $33,516,444;
Section 3043(b)(5), $86,250,000;
Section 3043(b)(30), $80,000,000;
Section 3043(a)(30), $70,000,000;
Section 3043(c)(134), $35,000,000;
Section 3043(b)(23), $21,200,000;
Section 3043(d)(39), $3,000,000;
Section 3043(b)(14), $500,000;
Section 3043(c)(86), $20,000,000;
Section 3043(c)(43), $5,000,000;
Section 3043(c)(153), $20,000,000; and
Section 3043(c)(258), $5,000,000.
For the Jacksonville Rapid Transit System Phase 1, Forida,
$9,870,000;
For North Corridor BRT, Houston and Southeast Corridor BRT,
Texas, $15,000,000;
For San Francisco Muni Third Street Light Rail, California,
$10,000,000;
For Mid-Jordan Light Rail Extension, $20,000,000; and
For METRA Connects, Illinois, $1,300,000:
Provided further, That of the funds available under this heading,
amounts are to be made available under section 5309(e).
For the following sections of Public Law 109-59:
section 3043(c)(201), $3,000,000;
section 3043(c)(177), $3,000,000;
section 3043(d)(3), $1,500,000;
section 3043(c)(182), $2,500,000;
section 3043(c)(79), $2,000,000;
section 3043(c)(197), $6,000,000;
section 3043(c)(173), $1,000,000; and
section 3043(c)(95), $14,250,000.
For State Avenue Corridor BRT, Wyandotte County, Kansas,
$1,500,000; and
For Troost Corridor BRT, Missouri, $6,260,000.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds made
available by this Act under ``Federal Transit Administration, Capital
investment grants'' and bus and bus facilities under ``Federal Transit
Administration, Formula and bus grants'' for projects specified in this
Act or identified in reports accompanying this Act not obligated by
September 30, 2010, and other recoveries, shall be made available for
other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2007, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under
the heading ``Federal Transit Administration, Capital Investment
Grants'' in any appropriations Act prior to this Act may be used during
this fiscal year to satisfy expenses incurred for such projects.
Sec. 164. In regard to the Central Link Initial Segment Project, to
the extent that funds remain available within the current budget for
the project, the Secretary shall amend the Full Funding Grant Agreement
for said project to allow remaining funds to be used to support
completion of the Airport Link extension of said project.
Sec. 165. Amounts provided for a high capacity fixed guideway light
rail and mass transit project for the City of Albuquerque, New Mexico,
in Public Laws 106-49, 106-346 and 107-87 shall be available for bus
and bus facilities.
Sec. 166. Any unobligated amounts made available for the Commuter
Rail, Albuquerque to Santa Fe, New Mexico under the heading ``Capital
Investment Grants'' under the heading ``Federal Transit
Administration'' in title I of division A of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2418) shall be made available for public
transportation buses, equipment and facilities related to such buses,
and intermodal terminal in Albuquerque and Santa Fe, New Mexico,
subject to the requirements under section 5309 of title 49, United
States Code.
Sec. 167. Notwithstanding any other provision of law, funds made
available for the ``Las Vegas Resort Corridor Fixed Guideway Project'',
the ``CATRAIL RTC Rail Project'', and the ``Las Vegas, Nevada Monorail
Project'' in Nevada in Public Laws 107-87, 108-7, 108-199 and 108-447
may be made available to the Regional Transportation Commission of
Southern Nevada for bus or bus facilities projects eligible under
section 5307 or section 5309 of title 49, United States Code, and shall
remain available until expended.
Sec. 168. The second sentence of section 321 of the Department of
Transportation and Related Agencies Appropriations Act, 1986 (99 Stat.
1287) is repealed.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $17,392,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $156,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $122,890,545, of which $24,720,000 shall remain
available until September 30, 2008, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$13,850,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$10,500,000 shall remain available until expended for maintenance and
repair of Schoolships at State Maritime Schools.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$18,000,000, to remain available until expended.
assistance to small shipyards
To make grants for capital improvements and related infrastructure
improvements at qualified shipyards that will facilitate the
efficiency, cost-effectiveness, and quality of domestic ship
construction for commercial and Federal Government use as authorized
under section 3506 of Public Law 109-163, $20,000,000, to remain
available until expended: Provided, That to be considered for
assistance, a qualified shipyard shall submit an application for
assistance no later than 60 days after enactment of this Act: Provided
further, That from applications submitted under the previous proviso,
the Secretary of Transportation shall make grants no later than 120
days after enactment of this Act in such amounts as the Secretary
determines: Provided further, That not to exceed 2 percent of the funds
appropriated under this heading shall be available for necessary costs
of grant administration.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $13,408,000, of
which $10,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That the Inspector General shall report to
the House and Senate Committees on Appropriations by March 30, 2007, on
whether the Maritime Administration is in compliance with the
recommendations contained in the Inspector General's audit reports on
the title XI program: Provided further, That not to exceed $3,408,000
shall be available for administrative expenses to carry out the
guaranteed loan program, which shall be transferred to and merged with
the appropriation for ``Operations and Training'', Maritime
Administration.
ship construction
(rescission)
Of the unobligated balances available under this heading,
$4,614,545 are rescinded.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 171. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess
of the appropriations and limitations contained in this Act or in any
prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
administrative expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $18,130,000, of which $639,000 shall
be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $27,003,000, of which $1,761,000 shall remain available
until September 30, 2010: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$82,404,000, of which $18,810,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2010; of which $63,594,000 shall be derived from the Pipeline Safety
Fund, of which $32,967,000 shall remain available until September 30,
2010: Provided, That not less than $1,043,000 of the funds provided
under this heading shall be for the one-call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2009: Provided, That not more than $28,318,000
shall be made available for obligation in fiscal year 2008 from amounts
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other
than the Secretary of Transportation, or her designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $12,000,000, of which $6,036,000 shall remain available
until September 30, 2010: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$66,400,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $25,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2008, to
result in a final appropriation from the general fund estimated at no
more than $23,750,000.
General Provisions--Department of Transportation
(including transfers of funds)
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account, the Federal Transit Administration's ``Research and
University Research Centers'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 186. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 187. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration including the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 188. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 189. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1) and
(2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That prior to the transfer of any
such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 190. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, said reprogramming action shall be
approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 191. Out of funds appropriated or otherwise made available
under this Act to the Surface Transportation Board of the Department of
Transportation, when considering cases, matters, or declaratory orders
before the Board involving a railroad, or an entity claiming or seeking
authority to operate as a railroad, and the transportation of solid
waste (as defined in section 1004 of 42 U.S.C. 6903), the Board shall
consider any activity involving the receipt, delivery, sorting,
handling or transfer in-transit outside of a sealed container, storage
other than inside a sealed container, or other processing of solid
waste to be an activity over which the Board does not have
jurisdiction.
Sec. 192. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect any
filing fee for rate complaints filed with the Board in an amount in
excess of the amount authorized for district court civil suit filing
fees under section 1914 of title 28, United States Code.
Sec. 193. Not later than 90 days after the date of the enactment of
this Act, the Inspector General of the Department of Transportation
shall--
(1) conduct an investigation of rail service disruptions
since 2004 and incidents since 2004 in which rail carriers
failed to timely deliver various commodities, such as coal,
wheat, ethanol, and lumber; and
(2) submit a report containing legislative and regulatory
recommendations designed to reduce such disruptions and
incidents and to improve railroad service to--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Appropriations of the House of
Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
(D) the Committee on Transportation and
Infrastructure of the House of Representatives.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
salaries and expenses
For necessary salaries and expenses of the Office of the Secretary
of Housing and Urban Development, $3,930,000: Provided, That not to
exceed $25,000 of this amount shall be available for official reception
and representation expenses.
Executive Operations
office of hearings and appeals
For the necessary salaries and expenses of the Office of Hearings
and Appeals, $1,490,000.
office of small and disadvantaged business utlilization
For the necessary salaries and expenses of the Office of Small and
Disadvantaged Business Utilization, $510,000.
office of the chief financial officer
For the necessary salaries and expenses of the Office of the Chief
Financial Officer, $43,750,000.
office of the general counsel
For the necessary salaries and expenses of the Office of the
General Counsel, $86,820,000.
office of the chief procurement officer
For the necessary salaries and expenses of the Office of the Chief
Procurement Officer, $13,500,000.
center for faith-based and community initiatives
For necessary salaries and expenses of the Center for Faith-Based
and Community Initiatives, $1,860,000.
office of the assistant secretary for congressional and
intergovernmental relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional and Intergovernmental Relations,
$2,670,000: Provided, That the Secretary shall provide the Committee on
Appropriations quarterly written notification regarding the status of
pending congressional reports.
office of the assistant secretary for public affairs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Public Affairs, $2,630,000.
office of departmental equal employment opportunity
For the necessary salaries and expenses of the Office of
Departmental Equal Employment Opportunity, $3,440,000.
Administrative Activities
office of the assistant secretary for administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $1,480,000.
administration salaries and expenses
For necessary salaries and expenses of the Office of
Administration, $252,010,000: Provided, That, funds provided under the
heading may be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109.
office of departmental operations and coordination
For the necessary salaries and expenses of the Office of
Departmental Operations and Coordination, $12,520,000.
office of field policy and management
For the necessary salaries and expenses of the Office of Field
Policy and Management, $47,730,000.
Public and Indian Housing
office of the assistant secretary for public and indian housing
For necessary salaries and expenses of the Office of the Assistant
Secretary for Public and Indian Housing, $1,620,000.
public and indian housing salaries and expenses
For necessary salaries and expenses of the Office of Public and
Indian Housing, $188,340,000.
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,598,694,000, to remain available until
expended, of which $12,398,694,000 shall be available on October 1,
2007, and $4,200,000,000 shall be available on October 1, 2008:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,936,200,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2008 funding cycle shall provide renewal funding for each
public housing agency based on voucher management system (VMS)
leasing and cost data for the most recently completed period of
12 consecutive months for which the Secretary determines the
data is verifiable and complete and by applying the 2008 Annual
Adjustment Factor as established by the Secretary, and by
making any necessary adjustments for the costs associated with
the first-time renewal of tenant protection or HOPE VI vouchers
or vouchers that were not in use during the 12-month period in
order to be available to meet a commitment pursuant to section
8(o)(13) of the Act: Provided further, That notwithstanding the
first proviso, except for applying the 2008 Annual Adjustment
Factor and making any other specified adjustments, public
housing agencies specified in category 1 below shall receive
funding for calendar year 2008 based on the higher of the
amounts the agencies would receive under the first proviso or
the amounts the agencies received in calendar year 2007, and
public housing agencies specified in categories 2 and 3 below
shall receive funding for calendar year 2008 equal to the
amounts the agencies received in calendar year 2007, except
that public housing agencies specified in categories 1 and 2
below shall receive funding under this proviso only if, and to
the extent that, any such public housing agency submits a plan,
approved by the Secretary, that demonstrates that the agency
can effectively use within 12 months the funding that the
agency would receive under this proviso that is in addition to
the funding that the agency would receive under the first
proviso: (1) public housing agencies that are eligible for
assistance under section 901 in Public Law 109-148 (119 Stat.
2781) or are located in the same counties as those eligible
under section 901 and operate voucher programs under section
8(o) of the United States Housing Act of 1937 but do not
operate public housing under section 9 of such Act, and any
public housing agency that otherwise qualifies under this
category must demonstrate that they have experienced a loss of
rental housing stock as a result of the 2005 hurricanes; (2)
public housing agencies that would receive less funding under
the first proviso than they would receive under this proviso
and that have been placed in receivership within the 24 months
preceding the date of enactment of this Act; and (3) public
housing agencies that spent more in calendar year 2007 than the
total of the amounts of any such public housing agency's
allocation amount for calendar year 2007 and the amount of any
such public housing agency's available housing assistance
payments undesignated funds balance from calendar year 2006 and
the amount of any such public housing agency's available
administrative fees undesignated funds balance through calendar
year 2007: Provided further, That up to $100,000,000 shall be
available only: (1) to adjust the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant increase,
as determined by the Secretary, in renewal costs resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act of tenant-based rental assistance; and (2) for
adjustments for public housing agencies that could experience a
significant decrease in voucher funding that could result in
the risk of loss of voucher units due to the use of VMS data
based on a 12-month period: Provided further, That none of the
funds provided under the first proviso in this section may be
used to support a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract: Provided further, That the Secretary shall, to
the extent necessary to stay within the amount provided under
this paragraph, pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, That except as provided in the following
proviso, the entire amount provided under this paragraph shall
be obligated to the public housing agencies based on the
allocation and pro rata method described above and the
Secretary shall notify public housing agencies of their annual
budget not later than 90 days after enactment of this Act:
Provided further, That public housing agencies participating in
the Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous proviso;
(2) $150,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, HOPE VI vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance: Provided, That
the Secretary shall provide replacement vouchers for all units
that cease to be available as assisted housing due to
demolition, disposition, or conversion, subject only to the
availability of funds;
(3) $50,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) up to $6,494,000 may be transferred to the Working
Capital Fund;
(5) $1,351,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $5,000,000
shall be available as an incentive bonus as determined by the
Secretary for administrative expenses for PHAs that voluntarily
consolidate, and which up to $35,000,000 shall be available to
the Secretary to allocate to public housing agencies that need
additional funds to administer their section 8 programs, with
up to $30,000,000 to be for fees associated with section 8
tenant protection rental assistance: Provided, That no less
than $1,311,000,000 of the amount provided in this paragraph
shall be allocated for the calendar year 2008 funding cycle on
a basis to public housing agencies as provided in section 8(q)
of the Act as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
required by this paragraph, the Secretary may decrease the
amounts allocated to agencies by a uniform prorated percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts required under this paragraph, utilize
unobligated balances, including recaptures and carryovers,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'', the heading ``Housing
Certificate Fund'', and the heading ``Project-based rental
assistance'', for fiscal year 2007 and prior years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(6) $30,000,000 for incremental voucher assistance through
the Family Unification Program; and
(7) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 305 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon
turnover.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under this heading, the heading ``Annual
contributions for assisted housing'', the heading ``Tenant-based rental
assistance'', and the heading ``Project-based rental assistance'', for
fiscal year 2007 and prior years, $1,100,000,000 are rescinded, to be
effected by the Secretary no later than September 30, 2008: Provided,
That, if insufficient funds exist under these headings, the remaining
balance may be derived from any other heading under this title:
Provided further, That the Secretary shall notify the Committees on
Appropriations 30 days in advance of the rescission of any funds
derived from the headings specified above: Provided further, That any
such balances governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided further,
That any obligated balances of contract authority from fiscal year 1974
and prior that have been terminated shall be cancelled.
project-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,813,000,000, to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) up to $5,522,810,000 for expiring or terminating
section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph.
(2) not to exceed $286,230,000 for performance-based
contract administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of
the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1);
project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act; project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) not to exceed $3,960,000 may be transferred to the
Working Capital Fund; and
(4) amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g) (the ``Act'') $2,500,000,000, to remain available
until September 30, 2011: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2008, the Secretary
may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) regarding the extension
of the time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means, with
respect to amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$14,890,000 shall be for carrying out activities under section 9(h) of
such Act; not to exceed $16,847,000 may be transferred to the Working
Capital Fund; and up to $15,345,000 shall be to support the ongoing
Public Housing Financial and Physical Assessment activities of the Real
Estate Assessment Center (REAC): Provided further, That no funds may be
used under this heading for the purposes specified in section 9(k) of
the United States Housing Act of 1937, as amended: Provided further,
That of the total amount provided under this heading, not to exceed
$20,000,000 may be available for the Secretary of Housing and Urban
Development to make grants, notwithstanding section 305 of this Act, to
public housing agencies for emergency capital needs resulting from
unforeseen or unpreventable emergencies and natural disasters occurring
in fiscal year 2008: Provided further, That of the total amount
provided under this heading, $40,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That of the total
amount provided under this heading up to $8,820,000 is to support the
costs of administrative and judicial receiverships.
public housing operating fund
For 2008 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$4,200,000,000; of which $5,940,000 shall be for technical assistance
related to the transition and implementation of asset-based management
in public housing: Provided, That, in fiscal year 2008 and all fiscal
years hereafter, no amounts under this heading in any appropriations
Act may be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior to the
current year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $100,000,000, to remain available until
September 30, 2008, of which not to exceed $1,980,000 may be used for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$630,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $2,000,000 shall be contracted through the Secretary as
technical assistance and capacity building to be used by the National
American Indian Housing Council in support of the implementation of
NAHASDA; and $4,250,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance
in the training, oversight, and management of such Indian housing and
tenant-based assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this heading,
$1,980,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be guaranteed,
not to exceed $17,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to
remain available until expended, of which $300,000 shall be for
training and technical assistance activities.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $7,450,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, up to
$367,000,000.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,044,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $41,504,255.
Community Planning and Development
office of the assistant secretary for community planning and
development
salaries and expenses
For necessary salaries and expenses of the Office of the Assistant
Secretary for Community Planning and Development, $1,520,000.
community planning and development salaries and expenses
For necessary salaries and expenses of the Office of Community
Planning and Development mission area, $93,770,000.
housing opportunities for persons with aids
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $300,100,000, to remain available until September 30,
2009, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2010: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of such Act
that meet all program requirements before awarding funds for new
contracts and activities authorized under this section: Provided
further, That the Secretary may use not to exceed $1,485,000 of the
funds under this heading for training, oversight, and technical
assistance activities; and not to exceed $1,485,000 may be transferred
to the Working Capital Fund.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $17,000,000, to remain
available until expended, which amount shall be competitively awarded
by September 1, 2008, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
community development fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,060,000,000, to remain available until September 30,
2010, unless otherwise specified: Provided, That of the amount
provided, $3,705,430,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That not to exceed $1,570,000 may be
transferred to the Working Capital Fund: Provided further, That
$3,000,000 is for technical assistance as authorized by section
107(b)(4) of such Act: Provided further, That $62,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law (including section
305 of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety.
Of the amount made available under this heading, $248,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments: Provided, That
none of the funds provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2006, 2007, and
2008, no unobligated funds for EDI grants may be used for any purpose
except acquisition, planning, design, purchase of equipment,
revitalization, redevelopment or construction.
Of the amount made available under this heading, $40,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $6,000,000, to remain available
until September 30, 2009, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
brownfields redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $10,000,000, to remain
available until September 30, 2009.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,970,000,000, to remain available until September 30, 2010,
of which not to exceed $3,465,000 may be transferred to the Working
Capital Fund: Provided, That up to $15,000,000 shall be available for
technical assistance: Provided further, That of the total amount
provided in this paragraph, up to $150,000,000 shall be available for
housing counseling under section 106 of the Housing and Urban
Development Act of 1968.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $70,000,000, to remain available
until September 30, 2010: Provided, That of the total amount provided
under this heading, $26,500,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended: Provided further, That $33,500,000 shall be made available for
the first four capacity building activities authorized under section
4(b)(3) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as
in effect immediately before June 12, 1997 and of which up to
$5,000,000 may be made available for rural capacity building
activities: Provided further, That of the total amount made available
under this heading; $3,000,000 shall be made available to the Housing
Assistance Council; $2,000,000 shall be made available to the National
American Indian Housing Council; $3,000,000 shall be made available as
a grant to the Raza Development Fund of La Raza for the HOPE Fund, of
which $500,000 is for technical assistance and fund management, and
$2,500,000 is for investments in the HOPE Fund and financing to
affiliated organizations; and $2,000,000 shall be made available as a
grant to the Housing Partnership Network for operating expenses and a
program of affordable housing acquisition and rehabilitation.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,585,990,000, of which $1,580,990,000 shall remain
available until September 30, 2010, and of which $5,000,000 shall
remain available until expended for rehabilitation projects with ten-
year grant terms: Provided, That of the amounts provided, $25,000,000
shall be set aside to conduct a demonstration program for the rapid re-
housing of homeless families: Provided further, That of amounts made
available in the preceding proviso, not to exceed $3,000,000 may be
used to conduct an evaluation of this demonstration program: Provided
further, That funding made available for this demonstration program
shall be used by the Secretary, expressly for the purposes of providing
housing and services to homeless families in order to evaluate the
effectiveness of the rapid re-housing approach in addressing the needs
of homeless families: Provided further, That not less than 30 percent
of funds made available, excluding amounts provided for renewals under
the shelter plus care program, shall be used for permanent housing for
individuals and families: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each grantee:
Provided further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $8,000,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That not to exceed $2,475,000 of the funds
appropriated under this heading may be transferred to the Working
Capital Fund: Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal account
and transferred to this account shall be available, if recaptured, for
Shelter Plus Care renewals in fiscal year 2008.
Housing Programs
office of the assistant secretary for housing, federal housing
commissioner
salaries and expenses
For necessary salaries and expenses of the Office of the Assistant
Secretary for Housing, Federal Housing Commissioner, $3,420,000.
housing salaries and expenses
For necessary salaries and expenses of the Office of Housing,
$351,560,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that support the housing mission area.
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $735,000,000, to
remain available until September 30, 2011, of which up to $603,900,000
shall be for capital advance and project-based rental assistance
awards: Provided, That, of the amount provided under this heading, up
to $60,000,000 shall be for service coordinators and the continuation
of existing congregate service grants for residents of assisted housing
projects, and of which up to $24,750,000 shall be for grants under
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for
conversion of eligible projects under such section to assisted living
or related use and for emergency capital repairs as determined by the
Secretary: Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary of
Housing and Urban Development only for making competitive grants to
private nonprofit organizations and consumer cooperatives for covering
costs of architectural and engineering work, site control, and other
planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 capital advance projects: Provided further, That not to exceed
$1,400,000 of the total amount made available under this heading may be
transferred to the Working Capital Fund: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration.
housing for persons with disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $237,000,000, to
remain available until September 30, 2011: Provided, That not to exceed
$600,000 may be transferred to the Working Capital Fund: Provided
further, That, of the amount provided under this heading $74,745,000
shall be for amendments or renewal of tenant-based assistance contracts
entered into prior to fiscal year 2005 (only one amendment authorized
for any such contract): Provided further, That all tenant-based
assistance made available under this heading shall continue to remain
available only to persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided further, That amounts
made available under this heading shall be available for Real Estate
Assessment Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $27,600,000, to remain available until
expended.
(rescission)
Of the amounts made available under the heading ``Rent Supplement''
in Public Law 98-63 for amendments to contracts under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
State-aided, non-insured rental housing projects, $27,600,000 are
rescinded.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2007, and any collections
made during fiscal year 2008 and all subsequent fiscal years, shall be
transferred to the Flexible Subsidy Fund, as authorized by section
236(g) of the National Housing Act, as amended.
manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $16,000,000, to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2008 so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2008 appropriation: Provided further,
That for the dispute resolution and installation programs, the
Secretary of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such collections
shall be deposited into the Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620, for necessary expenses of such Act: Provided further, That
notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such
Act through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2008, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2008, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative contract expenses, $77,400,000, of which not to
exceed $25,550,000 may be transferred to the Working Capital Fund, and
of which up to $5,000,000 shall be for education and outreach of FHA
single family loan products: Provided, That to the extent guaranteed
loan commitments exceed $65,500,000,000 on or before April 1, 2008, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in
no case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $45,000,000,000 in
total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
For administrative contract expenses necessary to carry out the
guaranteed and direct loan programs, $78,111,000, of which not to
exceed $15,692,000 may be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$8,426,000,000 on or before April 1, 2008, an additional $1,980 for
administrative contract expenses shall be available for each $1,000,000
in additional guaranteed loan commitments over $8,426,000,000
(including a pro rata amount for any increment below $1,000,000), but
in no case shall funds made available by this proviso exceed
$14,400,000.
For discount sales of multifamily real property under sections
207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 1715z-
11), section 203 of the Housing and Community Development Amendments of
1978 (12 U.S.C. 1701z-11), or section 204 of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for
discount loan sales under section 207(k) of the National Housing Act
(12 U.S.C. 1713(k)), section 203(k) of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section
204(a) of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Act, 1997 (12 U.S.C. 1715z-
11a(a)), $5,000,000, to remain available until September 30, 2009.
Government National Mortgage Association
office of the government national mortgage association
salaries and expenses
For the necessary salaries and expenses of the Office of the
Government National Mortgage Association, $9,530,000.
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2009.
Policy Development and Research
office of the assistant secretary for policy development and research
salaries and expenses
For necessary salaries and expenses of the Office of the Assistant
Secretary for Policy Development and Research, $1,570,000.
policy development and research salaries and expenses
For necessary salaries and expenses of the Office of Policy
Development and Research, $19,310,000.
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $59,040,000, to remain
available until September 30, 2009: Provided, That of the total amount
provided under this heading, $5,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative: Provided
further, That of the funds made available under this heading,
$20,600,000 is for grants pursuant to section 107 of the Housing and
Community Development Act of 1974, as amended, as follows: $3,000,000
to support Alaska Native serving institutions and Native Hawaiian
serving institutions as defined under the Higher Education Act, as
amended; $2,600,000 for tribal colleges and universities to build,
expand, renovate, and equip their facilities and to expand the role of
the colleges into the community through the provision of needed
services such as health programs, job training and economic development
activities; $9,000,000 for the Historically Black Colleges and
Universities program, of which up to $2,000,000 may be used for
technical assistance; and $6,000,000 for the Hispanic Serving
Institutions Program.
Fair Housing and Equal Opportunity
office of the assistant secretary for fair housing and equal
opportunity
salaries and expenses
For necessary salaries and expenses of the Office of the Assistant
Secretary for Fair Housing and Equal Opportunity, $1,490,000.
fair housing and equal opportunity salaries and expenses
For the necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $69,390,000.
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$52,000,000, to remain available until September 30, 2009, of which
$25,000,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training: Provided
further, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
office of healthy homes and lead hazard control
salaries and expenses
For the necessary salaries and expenses of the Office of Healthy
Homes and Lead Hazard Control, $6,140,000.
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$151,000,000, to remain available until September 30, 2009, of which
$8,800,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs: Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a Notice of Funding Availability: Provided further, That of
the total amount made available under this heading, $2,000,000 shall be
available for the Big Buy Program to be managed by the Office of
Healthy Homes and Lead Hazard Control.
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation and maintenance of both Department-wide and program-specific
information systems, and for program-related development activities,
$175,000,000, to remain available until September 30, 2009: Provided,
That any amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts or from within this Act may be used only
for the purposes specified under this Fund, in addition to the purposes
for which such amounts were appropriated.
office of inspector general
(including transfer of funds)
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$112,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $66,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That the Director shall submit a spending
plan for the amounts provided under this heading no later than January
15, 2008: Provided further, That not less than 80 percent of the total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the enterprises (as
such term is defined in section 1303 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under Subtitle B of
such Act: Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2008 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2008 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2008 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2008 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2008, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
average per capita incidence of AIDS, shall be adjusted by the
Secretary on the basis of area incidence reported over a three year
period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2008 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 208. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2008, HUD shall transmit
this information to the Committees by March 15, 2008 for 30 days of
review.
Sec. 209. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 210. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2008 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2008 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2008 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 211. The Secretary of Housing and Urban Development shall
submit an annual report no later than August 30, 2008 and annually
thereafter to the House and Senate Committees on Appropriations
regarding the number of Federally assisted units under lease and the
per unit cost of these units to the Department of Housing and Urban
Development.
Sec. 212. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2009 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 213. Incremental vouchers previously made available under the
heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly disabled families
shall, to the extent practicable, continue to be provided to non-
elderly disabled families upon turnover.
Sec. 214. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California and the
States of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 215. (a) Notwithstanding any other provision of law, subject
to the conditions listed in subsection (b), for fiscal years 2008 and
2009, the Secretary may authorize the transfer of some or all project-
based assistance, debt and statutorily required low-income and very
low-income use restrictions, associated with one or more multifamily
housing project to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this section;
and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which the project-
based assistance, debt, and statutorily required use low-income
and very low-income restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 216. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 217. Incremental vouchers made available under this Act and
previously made available under the heading, ``Housing Certificate
Fund'' or renewed under the heading, ``Tenant-Based Rental
Assistance'', for family unification shall, to the extent practicable,
continue to be provided for family unification.
Sec. 218. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to develop or impose
policies or procedures, including an account structure, that subjects
the Government National Mortgage Association to the requirements of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). This section
shall not be construed to exempt that entity from credit subsidy
budgeting or from budget presentation requirements previously adopted.
Sec. 219. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
or an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
(c) Not later than 30 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall issue final
regulations to carry out the provisions of this section.
Sec. 220. Notwithstanding any other provision of law, in fiscal
year 2008, in managing and disposing of any multifamily property that
is owned or held by the Secretary of Housing and Urban Development, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 that are attached to any
dwelling units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8,
based on consideration of the costs of maintaining such payments for
that property or other factors, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance.
Sec. 221. The National Housing Act is amended--
(1) in sections 207(c)(3), 213(b)(2)(B)(i),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
1715y(e)(3)(B))--
(A) by striking ``140 percent'' each place such
term appears and inserting ``170 percent''; and
(B) by striking ``170 percent in high cost areas''
each place such term appears and inserting ``215
percent in high cost areas''; and
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
follows through ``project-by-project basis'' and inserting the
following: ``206A of this Act) by not to exceed 170 percent in
any geographical area where the Secretary finds that cost
levels so require and by not to exceed 170 percent, or 215
percent in high cost areas, where the Secretary determines it
necessary on a project-by-project basis''.
Sec. 222. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and
inserting ``2008''; and
(2) in subsection (o), by striking ``September 30, 2007''
and inserting ``September 30, 2008''.
Sec. 223. Public housing agencies that own and operate 500 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development
in connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 224. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),(2)).
Sec. 225. The Secretary of Housing and Urban Development shall
report quarterly to the House of Representatives and Senate Committees
on Appropriations on the status of all section 8 project-based housing,
including the number of all project-based units by region as well as an
analysis of all federally subsidized housing being refinanced under the
Mark-to-Market program. The Secretary shall in the report identify all
existing units maintained by region as section 8 project-based units
and all project-based units that have opted out of section 8 or have
otherwise been eliminated as section 8 project-based units. The
Secretary shall identify in detail and by project all the efforts made
by the Department to preserve all section 8 project-based housing units
and all the reasons for any units which opted out or otherwise were
lost as section 8 project-based units. Such analysis shall include a
review of the impact of the loss any subsidized units in that housing
marketplace, such as the impact of cost and the loss of available
subsidized, low-income housing in areas with scare housing resources
for low-income families.
Sec. 226. The Secretary of Housing and Urban Development shall
report quarterly to the House of Representatives and Senate Committees
on Appropriations on HUD's use of all sole source contracts, including
terms of the contracts, cost and a substantive rationale for using a
sole source contract.
Sec. 227. Section 9(e)(2)(C) of the United States Housing Act of
1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end of the
following:
``(iv) Existing contracts.--The term of a
contract described in clause (i) that, as of
the date of enactment of this clause, is in
repayment and has a term of not more than 12
years, may be extended to a term of not more
than 20 years to permit additional energy
conservation improvements without requiring the
reprocurement of energy performance
contractors.''.
Sec. 228. The Secretary of Housing and Urban Development shall
increase, pursuant to this section, the number of Moving-to-Work
agencies authorized under section 204, title II, of the Departments of
Veterans Affairs and Housing and Urban Development and Independent
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by making the Alaska Public Housing Agency a Moving-to-Work Agency
under such section 204.
Sec. 229. (a) The referenced statement of managers under the
heading ``Community Development Fund'' in title II of Public Law 108-
447 is deemed to be amended with respect to item number 203 by striking
``equipment'' and inserting ``renovation and construction''.
(b) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 696 by
striking ``a Small Business Development Center'' and inserting ``for
revitalization costs at the College of Agriculture Biotechnology and
Natural Resources''.
(c) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 460 by
striking ``Maine-Mawoshen One Country, Two Worlds Project'' and
inserting ``Sharing Maine's Maritime Heritage Project--Construction and
access to exhibits''.
(d) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 914 by
striking ``the Pastime Theatre in Bristol, Rhode Island for building
improvements'' and inserting ``the Institute for the Study and Practice
of Nonviolence in Providence, Rhode Island for building renovations''.
(e) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 918 by
striking ``South Kingstown'' and inserting ``Washington County''.
(f) The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 624 by
striking ``for the construction of a new technology building'' and
inserting ``for renovations to the Wheeling Community Center''.
Sec. 230. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2008, insure and enter into commitments to insure mortgages under
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
Sec. 231. Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development may not rescind or take any adverse
action with respect to the Moving-to-Work program designation for the
Housing Authority of Baltimore City based on any alleged administrative
or procedural errors in making such designation.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2008''.
TITLE III
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
salaries and expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $6,150,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, $22,322,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$84,500,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments due in fiscal year 2008 only, on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,800,000, of
which $5,000,000 shall be for a multi-family rental housing program.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,300,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 by striking ``2007'' and inserting ``2008''.
TITLE IV
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 401. Such sums as may be necessary for fiscal year 2008 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 404. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget justifications
submitted to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than 60 days
after the date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2008 from appropriations made available for salaries
and expenses for fiscal year 2008 in this Act, shall remain available
through September 30, 2009, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 407. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees
on Appropriations on all sole source contracts by no later than July
31, 2008. Such report shall include the contractor, the amount of the
contract and the rationale for using a sole source contract.
Sec. 408. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 409. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain: Provided further, That the Government Accountability
Office, in consultation with the National Academy of Public
Administration, organizations representing State and local governments,
and property rights organizations, shall conduct a study to be
submitted to the Congress within 12 months of the enactment of this Act
on the nationwide use of eminent domain, including the procedures used
and the results accomplished on a State-by-State basis as well as the
impact on individual property owners and on the affected communities.
Sec. 410. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 413. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2008''.
Calendar No. 272
110th CONGRESS
1st Session
S. 1789
[Report No. 110-131]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 16, 2007
Read twice and placed on the calendar