Amendment Text: H.Amdt.603 — 110th Congress (2007-2008)

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Shown Here:
Amendment as Offered (07/23/2007)

This Amendment appears on page H8279 in the following article from the Congressional Record.

[Pages H8257-H8280]
From the Congressional Record Online through the Government Publishing Office []

                        APPROPRIATIONS ACT, 2008

  The SPEAKER pro tempore. Pursuant to House Resolution 558 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3074.

                              {time}  1955

                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3074) making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes, 
with Ms. Baldwin in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Massachusetts (Mr. Olver) and the gentleman from 
Michigan (Mr. Knollenberg) each will control 30 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. OLVER. Madam Chairman, I yield myself such time as I may consume.
  Madam Chairman, I'm pleased to present to the House the fiscal year 
2008 Transportation and Housing and Urban Development appropriations 
  I thank Members for their input and work on this bill. I especially 
recognize the important contributions of my ranking member Mr. 
Knollenberg in putting this bill together. As former chairman of this 
subcommittee, he had numerous valuable insights that make the bill and 
report stronger, and I have appreciated his advice and counsel during 
this process.
  I also thank the chairman of the Appropriations Committee Mr. Obey 
and the ranking member of the full committee Mr. Lewis for their 
  I must also recognize the hard work of the staff on both the majority 
and minority side. Kate Hallahan, Cheryle Tucker, David Napoliello, 
Laura Hogshead, Alex Gillen, Mark Fedor and Bob Letteney with the 
majority staff, and Dena Baron, David Gibbons and Jeff Goff with the 
minority have spent many late nights putting this bill together, and we 
would not be here today without their great dedication.
  This is a bipartisan and fiscally responsible bill. Indeed, this bill 
should not be partisan because a broad consensus affirming the great 
needs for transportation infrastructure investments and for affordable 
housing exists countrywide.
  The bill provides $50.7 billion in discretionary funding for 
transportation and housing programs, and is within the subcommittee's 
302(b) allocation.
  Nonetheless, due to current budgetary constraints, the subcommittee 
was forced to either flat-fund or reduce numerous programs. 
Furthermore, there are no major expansions of existing programs and 
only a handful of new initiatives.
  Our first hearings this year sought a broad assessment of the future 
challenges this country faces in transportation and housing. Not 
surprisingly, our hearings showed that there's a great and growing need 
for transportation infrastructure and affordable housing, particularly 
in metro areas experiencing explosive growth, such as Atlanta, Dallas, 
Phoenix and Las Vegas; but also in older metropolitan areas such as 
Boston, New York, Cleveland and Pittsburgh, whose infrastructure is 
aging and in need of extensive repair; and even in rural communities 
and counties suffering from a loss of population and disinvestment in 
both housing and transportation.
  To meet these challenges we have restored the President's deepest 
cuts and have continued important investments in transportation and 
housing started by my predecessors. In short, we've tried to make our 
core programs whole and function better, rather than start a lot of new 
  With regard to transportation, our bill fully funds the highway and 
transit guarantees contained in the current transportation 
authorization bill known as SAFETEA-LU.
  The bill contains $40.2 billion for highways, which is $631 million 
over the President's request; and $9.7 billion for transit investments, 
$334 million over the President's request.
  Adequate investments in our highways and transit systems are critical 
to the economic and social future of our country. Vehicle miles 
traveled on our Nation's roads have doubled since 1980.
  While we have fully funded the highway guarantees this year, I must 
warn my colleagues about the future solvency of the Highway Trust Fund. 
The Office of Management and Budget recently estimated that by the end 
of the fiscal year 2009, the Highway Trust Fund will have a $4 billion 
deficit. This deficit is far greater than any other previous projection 
and will inhibit our ability to fully fund the highway guarantees in 
the future without additional transportation revenues which must be 
provided through the authorization process.
  Our bill also continues to make critical investments in aviation. In 
1995, our aviation system handled 545 million passengers, but that 
system must handle 1 billion passengers by 2015. We must provide 
adequate infrastructure to deal with that growth.
  Our bill includes $3.6 billion for the Airport Improvement Program, 
restoring the President's $765 million cut, and adding $85 million 
above fiscal year 2007. The bill restores funding for the Essential Air 
Service Program so that no existing service will be lost.

[[Page H8258]]

                              {time}  2000

  We have also invested over the President's request for transportation 
safety. Specifically, an increase of $20 million for critical aviation 
safety inspectors and engineers; a $2 million increase for additional 
investigators for the National Transportation Safety Board; a $3 
million increase to preserve highway safety staff at the National 
Highway Traffic Safety Administration; and a $6.2 million increase for 
staffing and research programs related to pipeline and hazardous 
materials safety.
  Investments in intercity passenger rail, especially in high-density 
travel corridors, must also be part of a valid transportation system. 
The bill provides $1.4 billion for Amtrak, plus $50 million for a new 
intercity passenger rail State matching grant program requested by the 
administration; thus, the bill leverages a total of $1.5 billion for 
intercity passenger rail. This funding will help create a faster, 
safer, and more reliable intercity passenger rail system.
  With regard to housing, four major categories of HUD programs provide 
assistance for very low-income families, the elderly, the disabled, and 
their communities. First, HUD provides our 3,200 public housing 
authorities funding for the operation and capital needs of the Nation's 
public housing stock. Public housing is home to 2.6 million people, 
more than half of whom are seniors and persons with disabilities.
  Second, HUD administers rental assistance programs, largely under the 
section 8 tenant- and project-based programs. Section 8 tenant-based 
rental assistance serves about 1.9 million low-income families, 
seniors, and people with disabilities, while the project-based section 
8 assists more than 1.4 million households, two-thirds of which include 
elderly or disabled persons. Both the tenant- and project-based 
programs serve very low-income individuals and families, overwhelmingly 
those whose incomes are below 50 percent of the median household income 
for their area.
  Third, HUD administers housing production programs, including the 
HOME program; the HOPE VI program, which revitalizes or replaces 
severely distressed public housing; and construction programs for the 
elderly and disabled.
  Finally, HUD administers a number of community and economic 
development programs, the largest being Homeless Assistance Grants and 
Community Development Block Grants.
  My colleagues are all very familiar with CDBG, the Community 
Development Block Grant program. But many of our constituents may be 
unaware of the importance of CDBG in their communities. CDBG funds are 
used by communities to rehabilitate and construct affordable housing; 
to construct public facilities improvements, such as streetscaping and 
community centers; and to promote local economic development and job 
creation. About 70 percent of CDBG dollars go directly to communities 
with populations of about 50,000 or more. The remaining funds go by 
formula to the States and are distributed to smaller towns and rural 
communities. Taken together, HUD programs address the large unmet need 
for affordable housing throughout the country.
  The Joint Center for Housing Studies at Howard University has 
documented that, from 1993 to 2003 alone, we lost 1.2 million 
affordable housing units. In fact, approximately three-fourths of 
American households which, by household income, are eligible for HUD 
assistance receive none.
  In the face of this, we have done our best to restore the President's 
cuts to housing. Some accounts we have only been able to freeze at last 
year's funding level. In other accounts we have targeted increases 
where the people served by the HUD program were particularly harmed. 
Funding is included to renew all current section 8 tenant-based 
vouchers so that no one who has a voucher will lose it. To that end the 
bill provides an increase of $330 million above the President's request 
for tenant-based rental assistance and nearly double that increase for 
project-based assistance.
  Within the section 8 funding provided in the bill, we have $30 
million for 4,000 incremental housing vouchers for nonelderly disabled 
individuals, some of whom will be homeless veterans.
  The President's fiscal 2008 budget request cut CDBG by over $700 
million from the 2007 enacted level, cut housing for the elderly by 
$160 million, cut housing for disabled by 50 percent below fiscal year 
2007, and for HOPE VI zeroed the program out for 2008 and rescinded 
2007 funding.
  Our bill rejects all of these cuts for our Nation's most vulnerable 
citizens. We have funded CDBG at $4.18 billion, which is $400 million 
over the enacted 2007 budget but still $400 million below the CDBG 
budget for fiscal year 2001, 6 years ago. We have restored funding to 
last year's level of $735 million for elderly housing, the 202 program, 
and $237 million for housing for the disabled, the 811 program, as well 
as provided $120 million for HOPE VI, a small increase from last year.
  With our funding decisions, we have also promoted sustainability by 
encouraging more environmentally friendly transportation and housing 
practices. We have restored the President's cuts to transit and to our 
intercity passenger rail system, which are more fuel efficient than 
other transportation modes. Thanks to Mr. Knollenberg's leadership, we 
have increased funding for the clean fuel bus program by $26 million.
  In the area of housing, we have included language in urging HUD to 
incorporate stronger energy efficiency standards into the HOPE VI 
program as well as other HUD programs.
  Madam Chairman, this bill is a compromise, and we have had to balance 
a number of competing needs. There are areas where I would have liked 
to provide more dollars. However, we have done our best with limited 
dollars to invest in our transportation networks and affordable 
housing. I hope my colleagues will join me in supporting the bill.
  Madam Chairman, I reserve the balance of my time.
  Mr. KNOLLENBERG. Madam Chairman, I yield myself such time as I may 
  The bill before us, H.R. 3074, the fiscal year 2008 Transportation, 
Housing, and Related Agencies funding bill is, as the chairman noted, a 
balanced bill and a bill that I can support.
  I am not going to repeat the funding proposals described by the 
gentleman from Massachusetts, but I will say that the vast majority of 
the legislation and the principles behind the funding levels are very 
similar to prior year House-passed bills for housing and 
  Crafting this bill is not for the faint of heart. There is no easy 
formula when you consider the authorizations and expectations of both 
the housing and the transportation communities. Neither group is shy 
about vocalizing what it wants, and both communities have needs and 
issues that need attention. Some of these needs are intertwined, 
however, and we do have different approaches for the solution. The 
chairman proposes that these issues need to be handled at a Federal 
level and has even included funds for a commission between DOT and HUD 
to coordinate housing and transportation policies.
  I am of the school that the Federal Government needs to be aware of 
these issues and provide guidance on these issues, but we need to 
recognize that housing and transportation decisions are local decisions 
made by cities and metropolitan planning organizations, or MPOs. I 
don't think any of our districts would appreciate the Federal 
Government's telling our cities where a bus should run or where housing 
should be located. The majority of these funds in this bill, from 
highways and transit to Section 8 and the Community Development Block 
Grant program, even flows to the States and localities without a lot of 
specific input from the Federal Government on how these funds are 
  I want to thank the chairman for his wise and steadfast decision to 
keep new authorizing matters off this bill. There are a number of ideas 
in both housing and transportation being considered in the various 
committees of jurisdiction in both houses of Congress, and I agree that 
we need those committees to do their work and present to the Congress 
what might be the best proposal. I will work with the chairman and 
oppose any authorizing amendments to this bill.
  In transportation, I thank the chairman for keeping the Amtrak pro-
reform language in the bill. I am optimistic that with continued 

[[Page H8259]]

from the committee, the IG and the GAO, we can find a sensible 
operating scheme for Amtrak.
  In highways, I know SAFETEA-LU and the budget resolution support the 
inclusion of the highway RABA funds. I don't know of any State that 
could not use more highway funding; however, as we have discussed in 
numerous hearings, the highway trust fund is speeding towards 
bankruptcy, and the mid-season review shows that receipts are down even 
further than originally anticipated. For the first time ever, the 
number of vehicle miles traveled declined. Eventually the rubber will 
hit the road, and this committee does not have jurisdiction over the 
income and expenditures of the highway trust fund, nor does this 
committee have the general funds to make up for any shortfall in the 
trust fund.
  I do have some concerns about the size of the highway trust fund 
rescission. I will not deny that in the past we have used the 
rescission to ensure that programs in this bill are funded at an 
acceptable level; however, we did not propose a rescission of this 
magnitude so early in the game. I am hopeful that as we move through 
the conference, this number will go down.
  In housing, I support the chairman's decision to bring the programs 
up at least to last year's level where the budget request proposed to 
make cuts, especially in CDBG, assisted housing, and housing for the 
elderly and disabled.
  I am most appreciative of the chairman's decision to keep the Section 
8 program a budget-based program in fiscal year 2008. I firmly believe 
that we need to see some continuity in the programs after the change is 
mandated in the fiscal year 2007 CR before we can evaluate what 
direction the program should go in the future.
  In Section 8, the bill proposes adding 4,000 new vouchers, as I think 
the chairman referenced, of which 1,000 are directed by law to homeless 
veterans. The remainder of the new vouchers are for nonelderly disabled 
people, the so-called ``Frelinghuysen vouchers,'' as we used to call 
them thanks to Mr. Frelinghuysen's work on behalf of this community. We 
are supportive of the increase, but we cautiously remind the Congress 
that the cost increase each year to maintain the vouchers is 
substantial. The program baseline increases by $30 million each year 
into the future. This is not an increase to sneeze at.
  Again, I want to thank the chairman of the subcommittee, my friend 
Mr. Olver, and his staff for their willingness to work with us to 
address my concerns and the concerns of many on my side of the aisle. 
He and his staff have been very fair and accommodating, holding true to 
a process that has been in place for years as he has crafted this bill. 
While we may agree to disagree on some specific policies, we agree on 
this introduced bill. I appreciate very much his decision to leave 
authorizing issues with the authorizers, and the directives and funding 
levels in this proposal are ones that I can support.
  I also thank the staff on both sides of the aisle for their continued 
hard work during this past year. I know this has been a tough year on 
them, but I think their hard work is demonstrated in this decent and, I 
think, very thoughtful bill.
  Madam Chairman, I reserve the balance of my time.
  Mr. OLVER. Madam Chairman, I yield 3 minutes to the distinguished 
vice chairman of the Appropriations Committee's HUD Subcommittee, Mr. 
  (Mr. PASTOR asked and was given permission to revise and extend his 
  Mr. PASTOR. Madam Chairman, I thank the chairman for yielding time. 
And since this is his first bill as chairman, I congratulate him on 
doing an excellent job, and I also thank the ranking member.
  Madam Chairman, this bill addresses two of the most basic and very 
important aspects of every American citizen's life: transportation and 
  Unfortunately, the President's budget proposed severe funding 
reductions for transportation which could not be realistically 
sustained without negative impacts on the Nation's economy.

                              {time}  2015

  The budget's proposal in housing would have cuts that harm those most 
in need, including the disabled and the elderly.
  I am proud to say that, based on extensive hearings, this bill 
rejects those short-sighted proposals in a fair and measured manner and 
balances national priorities with fiscal realities.
  One of the most difficult issues discussed this year involved the 
long-term health of the Highway Trust Fund. Because the resolution of 
the Highway Trust Fund requires the cooperation of the administration 
and the authorizers, the problem could not be solved solely by 
appropriators. But this bill grants all parties a reasonable starting 
point for the resolution of this problem.
  With regard to aviation, the committee found itself challenged with 
the Federal Aviation Administration's authorization about to expire at 
the same time with the severe air traffic congestion which requires an 
entirely new approach in technology. The committee has responded to 
this situation in a very deliberate manner geared to ensure an open 
path to future solutions as we look forward to the passage of the FAA 
reauthorization bill in the coming months.
  On the issue of housing assistance, the committee has rejected the 
President's proposal to substantially reduce much-needed housing 
options for the economically disadvantaged, disabled and senior 
citizens. While we, regretfully, do not have the resources to fully 
address all the needs of these people, today's bill aims to leverage 
funding in a way that stretches Federal dollars to the maximum extent 
  This is a fiscally sound bill. It employs none of the financial 
gimmicks to distort Federal investment. I am proud of this legislation, 
and I urge my colleagues to support its passage.
  Mr. OLVER. Madam Chairman, I yield 3\1/2\ minutes to the gentlewoman 
from Ohio (Ms. Kaptur), a valuable member of our subcommittee.
  Ms. KAPTUR. I thank our fine chairman from Massachusetts for 
recognizing this Buckeye. And I thank Chairman Olver for doing a 
phenomenal job on this bill. And also Ranking Member Knollenberg of 
Michigan, my sister State, thank you so very much for your fine work.
  To both these gentlemen, let me thank them for their outstanding 
leadership and for their commitment to investments in America. We see 
so much money going abroad, indeed billions, hundreds of billions of 
dollars, and these gentlemen have done something for our country, for 
our fundamental infrastructure, for transportation, and for housing, 
the most important investment any American has, their most important 
form of savings.
  In the transportation area, I want to just focus in one area 
important to Ohio, and that is Amtrak. This bill is funded at a level 
of $1.4 billion. And the funding in this bill is providing critical 
capital and operating assistance to maintain our national passenger 
rail system in a manner that is environmentally friendly and necessary. 
No major industrial country in the world does not have a modern rail 
system. We need a ways to go in order to make ours better. This bill 
takes a step in that direction. Though President Bush and some of his 
allies in Congress were trying to kill passenger rail service in the 
country, they cannot succeed, because Amtrak is far too important for 
the Nation.
  In 2006, more than 24 million passengers traveled on Amtrak. More 
than 67,000 passengers ride on up to 300 Amtrak trains per day. And 
just in our section of Ohio, 57,000 riders make their way through 
Toledo, Ohio, as a part of that. I wish we could do more for our high-
speed rail corridors and for alternative fuels for the large trains. 
That is for the future, but at least we make investments in the 
fundamental system.
  Secondly, in the area of housing, I'm really proud of what the 
committee has done, particularly to meet our Nation's most essential 
housing community development programs. Mayors around this country will 
appreciate the increase of nearly $1 billion above the President's 
request for the Community Development Block Grant program, the most 
important program for over 1,180 communities to get some of their tax 
dollars back to do what they must to run their own communities, their 
own cities.

[[Page H8260]]

  In addition to that, housing for the elderly is maintained at $735 
million, $160 million above the President's request. For every single 
available unit of affordable housing, there are 10 seniors on the 
waiting list. So we don't meet the need, but we take a step in the 
right direction.
  Housing for the disabled is funded $236.6 million above the 
President's request. For U.S. housing markets which are in distress, in 
some areas literally dead in the water, HOPE VI is funded. The program 
is not killed to demolish deteriorating public housing, develop mixed-
income housing and otherwise help revitalize our distressed 
neighborhoods. And importantly, the bill provides for proper 
administration and maintenance of our public housing stock.
  I urge all my colleagues to support this very well-balanced bill for 
investment in the United States of America. Isn't it time?
  And again, thank you, Chairman Olver, for your fantastic work that 
touches every single corner of our Nation.
  Mr. OLVER. Madam Chairman, at this time I yield 2 minutes to the 
gentleman from Florida (Mr. Boyd), also a member of this subcommittee.
  (Mr. BOYD of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. BOYD of Florida. I thank my friend Chairman Olver. 
  Madam Chairman, I rise in support of the FY08 Transportation and 
Housing and Urban Development Appropriations Act.
  This is a bill, Madam Chairman, that the American people can be proud 
of. This bill's spending levels fall within the fiscally responsible 
budget resolution passed earlier this year by providing $50.7 billion 
for the Transportation Department and Housing and Urban Development.
  Our tax dollars are well used by investing in our road and airway 
infrastructures. I'm very supportive of the $1.5 billion this bill 
provides for Amtrak, and I'm hopeful this money can provide for the 
reinstatement of the Sunset Limited line that crossed into north 
Florida and traveled throughout the State.
  This bill also invests $4.2 billion in economic development which 
folks all across our Nation find essential for their communities' well-
being. The improvements made with these funds serve all of the American 
people, whether it be the overnight delivery of important documents to 
our workplaces, or the timely travel to and from schools, or the 
arrival of fresh produce at our grocery stores across the country.
  Efficient state-of-the-art transportation infrastructure ensures that 
our economy continues to be the strongest economy in the world, and 
that our citizens continue to have the highest quality of life 
throughout the world. The Federal Government is fulfilling the role 
envisioned by the Founding Fathers by providing these community 
benefits with our tax dollars.
  I want to thank Chairman Olver, Ranking Member Knollenberg and their 
staff for their hard work in producing this legislation.
  I urge an ``aye'' vote.
  Mr. OLVER. Madam Chairman, at this time I yield 2 minutes to the 
gentleman from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the chairman's courtesy in yielding 
  I see what the subcommittee has done here is not an effort to somehow 
dictate to local governments what they have to do, but instead, 
structuring how to get more out of scarce Federal investments.
  As has been noted on the floor by people on both sides of the aisle, 
we are approaching a transportation infrastructure funding crisis in 
this country. There is not enough money remaining in the trust fund to 
deal with the existing level of programming, let alone what is going to 
be required as we move it in the next three authorizations. And 
countries around the world are spending trillions of dollars in China, 
in the European Union, in Japan, while we're falling behind.
  I appreciate the big-picture approach that the subcommittee has taken 
in terms of dealing with location efficiencies, with balanced 
transportation, with initiatives to green the infrastructure. I am 
hopeful that the instruction that the subcommittee has given to some of 
the Federal transportation agencies on how to have maximum impact by 
weighing factors of economic development and trip reduction to stretch 
more of those scarce dollars.
  I applaud funding the $1.4 billion for Amtrak, which hints at 
efficiencies that we can have in the long run. Because adequate funding 
of our rail passenger infrastructure is the cheapest, fastest way to 
increase airport capacity and reduce congestion, it's the cheapest, 
fastest way to get additional highway capacity while saving energy and 
reducing greenhouse gases.
  This is an unprecedented effort on behalf of the subcommittee to look 
at the big picture under its jurisdiction in the appropriations 
process. I think it's going to have a dramatic impact in the years to 
come. I appreciate what they're doing, and I look forward to working 
with them in the future.
  Mr. OLVER. Madam Chairman, may I inquire as to how much time is 
  The CHAIRMAN. The gentleman from Massachusetts controls 8\1/2\ 
minutes. The gentleman from Michigan controls 24\1/2\ minutes.
  Mr. OLVER. Madam Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Lipinski).
  Mr. LIPINSKI. Madam Chairman, I want to commend Chairman Olver, 
Ranking Member Knollenberg and Chairman Obey for their hard work in 
crafting this bill.
  One thing I want to specifically focus on here is the provision of 
$35 million for the Rail Line Relocation and Improvement Program. This 
was authorized under the SAFETEA-LU transportation bill, but has not 
been funded up until now.
  Under this program grants would be provided to a wide range of rail 
projects throughout the Nation that would fill various critical needs, 
including safety improvements, congestion mitigation, quiet zone 
creation, and the facilitation of local economic development.
  For far too long our Nation's rail infrastructure has gone without 
adequate investment, and the needs continue to mount. By funding this 
program, we are taking an important step toward modernizing our 
Nation's antiquated rail system and helping communities who are 
dependent on rail lines. Any community with a rail line in it knows the 
good and the not so good with having that line there. This bill will 
help them to do more with the good that these rail lines can provide 
for communities.
  I would also like to thank Ms. Matsui, my colleague from California, 
for her work in moving this provision forward.
  I urge my colleagues to support this bill.
  Mr. OBERSTAR. Madam Chairman, I rise in support of H.R. 3074, the 
Department of Transportation, and Housing and Urban Development, and 
Related Agencies, THUD, Appropriations Act of 2008. First and foremost, 
I am pleased that the bill fully funds the Federal highway, transit, 
and highway safety programs at the levels guaranteed by the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, SAFETEA-LU.
  At the same time, I regret that the bill rescinds $3 billion in 
highway funds that have been apportioned to the States, but are not 
available for obligation. However, I understand the significant funding 
constraints faced by the Committee on Appropriations in crafting the 
fiscal year 2008 THUD appropriations bill. If the Committee did not 
rescind this excess contract authority, it would have had to make real 
cuts in Amtrak funding, Federal Aviation Administration operations, and 
other critical programs. Given the Committee on Appropriations' limited 
choices, I have refrained from objecting to this rescission.
  I appreciate Chairman Obey's and Subcommittee Chairman Oliver's 
willingness to work with me on this issue. The Committee on 
Appropriations did agree to my request that this rescission be applied 
proportionally to all Federal-aid highway programs. I have been very 
concerned with the way States have been implementing previous 
rescissions, and language included in H.R. 3074 would ensure that the 
rescission contained in this legislation will not undermine the 
priorities established in SAFETEA-LU.
  I am particularly concerned with the treatment of the Congestion 
Mitigation and Air Quality Improvement, CMAQ, program under previous 
rescissions. The CMAQ program provides funding for projects and 
programs that reduce transportation-related emissions in

[[Page H8261]]

areas that do not meet Clean Air Act air quality standards (i.e., 
nonattainment and maintenance areas). While representing about 4-5 
percent of highway apportionments each year, CMAQ funds have accounted 
for about 20 percent of total highway funds rescinded in recent years. 
In FY 2006 alone, States rescinded $881 million in CMAQ funds, an 
amount that is equal to 55 percent of the total amount apportioned to 
the States for the CMAQ program that year.
  Comparing the treatment of CMAQ to other highway programs further 
illustrates the disproportionate effects of these rescissions. In FY 
2006, looking at rescissions as a percentage of the amounts apportioned 
for each program, the rescission of 55 percent of CMAQ funds compares 
to a rescission of only 12 percent of Interstate Maintenance funds and 
seven percent of National Highway System funds.
  The Transportation Enhancements program has also received 
disproportionate contract authority cuts under the rescissions. The 
Transportation Enhancements program provides funds for bike paths, 
pedestrian walkways, historic preservation, and other activities that 
expand transportation choices and enhance the transportation 
  In FY 2006, States rescinded $602 million in Transportation 
Enhancements funds, 15 percent of all rescissions in that year. Texas 
alone rescinded $223 million of Transportation Enhancements funding and 
the Texas Department of Transportation stated that it would not fund 
any transportation enhancement projects in that fiscal year. Texas' 
actions are directly contrary to our Federal efforts to develop a 
balanced, multimodal surface transportation system.
  The language of H.R. 3074 is consistent with the approach taken in 
H.R. 2701, the Transportation Energy Security and Climate Change 
Mitigation Act of 2007, as ordered reported by the Committee on 
Transportation and Infrastructure, and will ensure that the priorities 
set by Congress in SAFETEA-LU are implemented as intended. I greatly 
appreciate the Committee on Appropriations' willingness to address my 
concerns on this issue.

  Throughout the bill, there are a number of other rescissions of 
highway, motor carrier safety, highway safety, and transit funds that 
raise concerns for the Committee on Transportation and Infrastructure. 
In particular, section 124 rescinds $172 million of unobligated 
balances of contract authority for research programs conducted by the 
Federal Highway Administration. Earlier this year, the House passed 
H.R. 1195, the SAFETEA-LU Technical Corrections Act, which provides 
additional resources to ensure that the highway research program 
receives the funding necessary to continue essential programs. 
Unfortunately, section 124 of the bill before us today rescinds some of 
these necessary research funds.
  The final concern I would like to address today is the earmarking of 
Airport Improvement Program funds. The report accompanying H.R. 3084 
includes a listing of 72 airport projects which the Federal Aviation 
Administration, FAA, is directed to fund. The law governing the Airport 
Improvement Program requires the FAA to establish a priority system to 
decide which projects will receive funding. The FAA's National Priority 
System, which has been in use for many years, gives highest priority to 
projects that will bring airports into compliance with safety 
standards. Second priority is given to projects that are necessary to 
meet security requirements. Third priority is given to reconstruction 
or rehabilitation projects that are needed to preserve existing airport 
infrastructure. Fourth priority is given to projects needed to achieve 
compliance with current FAA standards. Fifth priority is given to 
capacity enhancement projects.
  Aviation projects are not like projects in other modes of 
transportation. For example, an improvement to a highway project in one 
city does not necessarily benefit highway users in any other city, but 
in the national system of integrated airports, an improvement in one 
airport, particularly a major hub airport, could benefit aviation 
travelers throughout the system. For this reason, the FAA should have, 
and does have, discretion to fund improvements as it deems necessary to 
improve the aviation system as a whole. To limit the FAA's discretion 
in this regard would only worsen the congestion and delays we are 
already experiencing today.
  I want to make it clear that the language in a report cannot override 
a priority system established under the governing law. I would like to 
quote from the decision of the Comptroller General on a similar 
situation. The Comptroller General wrote: ``It is our view that when 
Congress merely appropriates lump sum amounts without statutorily 
restricting what can be done with those funds, a clear inference arises 
that it does not intend to impose legally binding restrictions, and 
indicia in committee reports and other legislative history as to how 
the funds should be or are expected to be spent do not establish any 
legal requirements on Federal agencies.''
  Throughout my career, I have steadfastly resisted designating airport 
improvement projects in authorizing legislation and in report language, 
and will continue to resist such designations. I urge the Committee on 
Appropriations to do so as well.
  Mr. KNOLLENBERG. Madam Chairman, I yield back the balance of my time.
  Mr. OLVER. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he or 
she has printed in the designated place in the Congressional Record. 
Those amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 3074

       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


                        Office of the Secretary

                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $90,678,000, of which not to exceed $2,305,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $724,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $15,753,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $12,100,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $8,903,000 shall be available for the Office of the Assistant 
     Secretary for Budget and Programs; not to exceed $2,382,000 
     shall be available for the Office of the Assistant Secretary 
     for Governmental Affairs; not to exceed $23,568,000 shall be 
     available for the Office of the Assistant Secretary for 
     Administration; not to exceed $1,984,000 shall be available 
     for the Office of Public Affairs; not to exceed $1,498,000 
     shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,314,000 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $2,737,000 for the Office of Intelligence and 
     Security; not to exceed $12,273,000 shall be available for 
     the Office of the Chief Information Officer; and not to 
     exceed $5,137,000 shall be available for the Office of 
     Emergency Transportation: 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.

                  Amendment Offered by Mr. Blumenauer

  Mr. BLUMENAUER. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Blumenauer:
       Page 2, lines 8 and 19, after the first dollar amount 
     insert ``(reduced by $6,200,000)''.
       Page 4, line 6, after the dollar amount insert ``(increased 
     by $6,200,000)''.

  Mr. BLUMENAUER. Madam Chairman, I have earlier indicated my 
appreciation of what the subcommittee has done, looking at the big 
picture and trying to squeeze additional efficiencies out of 
transportation and housing initiatives. And in that regard, I offer 
this amendment and hope to inquire of the Chair and ranking member to 
see if there is something we can do to move this forward.
  I'm prepared to withdraw the amendment, but I at least would like my 
3\1/2\ minutes here to put it before the committee and seek their 
assistance as it moves forward.

                              {time}  2030

  My amendment deals specifically with the Conserve by Bike program.

[[Page H8262]]

This was unanimously adopted in the Energy Policy Act of 2005 and 
subsequently signed into law. It was authorized at $6.2 million, a 
program that would establish 10 pilot projects across the country. 
These projects would utilize education and marketing tools to encourage 
people to replace some of their car trips with bicycle trips.
  The law also directs the Transportation Research Board of the 
National Academy of Sciences to conduct a national study to help us 
understand the benefits from converting cars to bike and how to educate 
people about these benefits.
  Nationally, less than 1 percent of trips are by bicycles currently. 
But in many bicycle-friendly communities, the percentage is much 
higher. In my home town of Portland, Oregon, like yours, Madam 
Chairman, that percentage is 2 or 3 percentage points. In our community 
of Portland, we have the highest percentage of bicycle commuting in the 
country, despite the fact that it rains all the time.
  Were we to increase bicycle trips by just 2 percent nationally, we 
would save more than 693 million gallons of gasoline per year, up to $5 
billion. Increasing bicycle usage has additional benefits of reducing 
our dependence on foreign oil and improving public health. When we are 
concerned about an obesity epidemic among our young people, having 
bicycles is an opportunity to reduce vehicle emissions; and combating 
adult and childhood obesity would seem to be a logical step.
  For all of these reasons, Congress had the foresight to include the 
Conserve by Bike program in the 2005 energy policy. Unfortunately, the 
program has not yet been implemented, because the Department of 
Transportation does not have the contract authority to fund the 
program. This appropriation is necessary to get the program off the 
  Given its modest price tag and innumerable benefits, I was 
disappointed to see that the program did not receive funds under the 
Secretary's account for Transportation Planning and Research, 
especially considering the committee's laudable commitment to other 
green and efficiency measures.
  Many cities and nations, particularly in Europe, have seen how 
converting car trips to bike trips can have measurable benefits for all 
its citizens. We have all perhaps been reading about Paris's recent 
inauguration of their bike-sharing program featuring over 10,000 bikes 
across the city to demonstrate that people will ride bikes when the 
infrastructure exists.
  Madam Chairman, I would strongly urge that the committee consider 
working with me to make sure that this important authorized program 
find funding in the conference report. As I say, I deeply appreciate 
the work that the committee has done. This is a relatively low-cost, 
high-impact area. Given the fact that we have come forward with over 
$5.5 billion in transportation infrastructure for bicycles, for trails, 
and for pedestrian activities, this would seem to be a relatively 
modest program to be able to jump-start the Conserve by Bike.
  Madam Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
  There was no objection.
  Mr. OLVER. Madam Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Massachusetts is recognized for 5 
  Mr. OLVER. Madam Chairman, I would like to make a comment on the 
gentleman's amendment since the gentleman has indicated that he is 
willing to withdraw the amendment. I appreciate that. The gentleman and 
I have worked for several years now together on biking and rail-trail 
issues, so I can remember just a few years ago that we actually were 
closely involved in saving the transportation enhancement program on 
this very bill.
  We both recognize the environmental and public health benefits of 
bicycling. Even though I have stopped bicycling, I watch the Tour de 
France rather than bicycling myself these days. So I applaud the 
gentleman's concern and support for the Conserve by Bike program.
  As we move toward conference, I will do my very best to try to 
accommodate this, and just remind the gentleman that we have language 
in the bill to make certain that enhancements are not 
disproportionately cut in the case of rescissions, which is a balancing 
act in any case. The gentleman may wish to take part in that 
discussion, which may occur later this evening.
  Ms. ROYBAL-ALLARD. Madam Chairman, I move to strike the last word.
  The CHAIRMAN. The gentlewoman from California is recognized for 5 
  (Ms. ROYBAL-ALLARD asked and was given permission to revise and 
extend her remarks.)
  Ms. ROYBAL-ALLARD. Madam Chairman, I rise in support of H.R. 3074. As 
a new member of the subcommittee, it has been an honor to work with 
Chairman John Olver and Ranking Member Joe Knollenberg. I commend them 
for crafting a quality, bipartisan bill in the face of serious 
budgetary constraints. I also commend clerk Kate Hallahan and the 
committee staff on both sides of the aisle for their professionalism 
and hard work on this bill.
  Madam Chairman, the bill before us is carefully crafted to make 
important investments to meet our Nation's crucial housing and 
transportation needs. For the first time in over 5 years, this bill 
provides new section 8 vouchers to help address our Nation's housing 
shortage. It also fully funds authorized section 8 housing vouchers, 
essential to States like California, where there are over 300,000 
vouchers in use. This number is more than one-seventh the national 
  While there still remains a great need for additional vouchers, I am 
pleased that this bill is an important step forward in helping to meet 
the housing needs of our most vulnerable populations.
  I am also pleased that this bill has restored funding for the Public 
Housing Capital fund. The administration's proposed cut would have had 
a severe impact on the ability of public housing authorities to 
renovate our Nation's dilapidated housing facilities, including those 
in my Thirty-fourth Congressional District. By restoring funding to 
last year's level, public housing authorities can continue critically 
needed renovations.
  Under the leadership of Chairman Olver, this bill also funds our 
Nation's transportation systems in a way that reaffirms the natural 
link between housing and transportation. The bill directs HUD and the 
Transportation Department to better coordinate public transportation 
with housing policies and programs. Improved coordination will help 
ensure that affordable housing is located closer to public 
transportation systems and job centers. The bill supports that 
directive through increased funding for transit.
  To enhance the public's use of mass transit and alleviate congestion 
on our Nation's highways and city cores, the bill provides additional 
Capital Investment Grants for commuters and light rail transit systems. 
Funding for these Capital Investment Grants is expected to generate as 
many as 17,400 new jobs and yield $1.8 billion in economic benefits to 
State and local communities.
  Our highways remain a critical element of our Nation's transportation 
system. This is especially true in my community of Los Angeles. To 
improve and maintain our Nation's aging highway infrastructure, the 
bill includes increased investments designed to ease automobile traffic 
and improve the flow-of-goods movement from our seaports to communities 
across the Nation. The investment in highway infrastructure will create 
over 59,000 additional jobs across all sectors of our economy.
  The passage of this bill is essential to maintaining our Nation's 
transportation infrastructure to keep America moving, our economy 
strong and our country's most vulnerable sheltered. I urge my 
colleagues to support this bill.
  Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 

           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, $8,515,000.

                          Working Capital Fund

       Necessary expenses for operating costs and capital outlays 
     of the Working Capital Fund,

[[Page H8263]]

     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, $523,000

                       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


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

  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


                    (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, $8,716,606,000, of which 
     $6,317,000,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $6,958,413,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,076,103,000 shall be available for aviation safety 
     activities; not to exceed $12,549,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $100,593,000 shall be available for financial services 
     activities; not to exceed $89,101,000 shall be available for 
     human resources program activities; not to exceed 
     $286,848,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $162,349,000 shall be available for staff offices; and 
     not to exceed $38,650,000 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That 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 funds may be used to enter 
     into a grant agreement with a nonprofit standard-setting 
     organization to assist in the development of aviation safety 
     standards: Provided further, That none of the funds in this 
     Act shall be available for new applicants for the second 
     career training program: Provided further, That none of the 
     funds in this Act shall be available for 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; to be derived from 
     the Airport and Airway Trust Fund, $2,515,000,000, of which 
     $2,055,027,000 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 

                 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, 
     $140,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2010: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.

                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of

[[Page H8264]]

     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 $3,600,000,000 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, to remain 
     available until expended, shall be available and transferred 
     to ``Office of the Secretary, Salaries and Expenses'' to 
     carry out the Small Community Air Service Development 


       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 

       Administrative Provisions--Federal Aviation Administration

       Sec. 110. Notwithstanding any other provision of law, 
     airports may transfer without consideration to the Federal 
     Aviation Administration (FAA) instrument landing systems 
     (along with associated approach lighting equipment and runway 
     visual range equipment) which conform to FAA design and 
     performance specifications, the purchase of which was 
     assisted by a Federal airport-aid program, airport 
     development aid program or airport improvement program grant: 
     Provided, That the Federal Aviation Administration shall 
     accept such equipment, which shall thereafter be operated and 
     maintained by FAA in accordance with agency criteria.
       Sec. 111. 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 
       Sec. 112. 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. 113. 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. 114. 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 
       Sec. 115. (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. 116. None of the funds appropriated or limited by this 
     Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 

                     Federal Highway Administration

                 limitation on administrative expenses

       Not to exceed $384,556,000, 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 funds authorized pursuant to section 110 of 
     title 23, United States Code, for the motor carrier safety 
     grant program, and the obligation limitation associated with 
     such funds provided under this heading, shall be transferred 
     to the Federal Motor Carrier Safety Administration: Provided 
     further, That the Secretary may, as authorized by section 
     605(b) of title 23, United States Code, collect and spend 
     fees to cover the costs of services of expert firms, 
     including counsel, in the field of municipal and project 
     finance to assist in the underwriting and servicing of 
     Federal credit instruments and all or a portion of the costs 
     to the Federal Government of servicing such credit 
     instruments: Provided further, That such fees are available 
     until expended to pay for such costs: Provided further, That 
     such amounts are in addition to administrative expenses that 
     are also available for such purpose, and are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses under section 608 of title 23, United States Code.

                (liquidation of contract authorization)

                          (highway trust fund)

       For carrying out the provisions of title 23, United States 
     Code, that are attributable to Federal-aid highways, not 
     otherwise provided, including reimbursement for sums expended 
     pursuant to the provisions of 23 U.S.C. 308, $40,955,051,359 
     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.


                          (HIGHWAY TRUST FUND)

       Of the unobligated balances of funds apportioned to each 
     State under chapter 1 of title 23, United States Code, 
     $3,000,000,000 are rescinded: Provided, That such rescission 
     shall be distributed within each State, as defined in section 
     101 of such title, among all programs for which funds are 
     apportioned under such chapter for such fiscal year, to the 
     extent sufficient funds remain available for obligation, in 
     the ratio that the amount of funds apportioned for each 
     program under such chapter for such fiscal year, bears to the 
     amount of funds apportioned for all such programs under such 
     chapter for such fiscal year: Provided further, That funds 
     set aside under sections 133(d)(2) and 133(d)(3) of such 
     title shall be treated as being apportioned under chapter 1 
     of such title for the purposes of this provision.

               Administrative Provisions--Federal Highway

                              {time}  2045

                     Amendment Offered by Mr. Mica

  Mr. MICA. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Mica:
       Page 18, beginning on line 9, strike the colon and all that 
     follows through line 21 and insert a period.

  Mr. MICA. Madam Chairman and Members of the House, I offer an 
amendment tonight to try to alleviate some of the pain that I believe 
will be inflicted on State departments of transportation across the 
United States, and that pain will be inflicted by a $3 billion 
rescission in highway contract authority that is included in this bill 
  My preference would be to strike this rescission from the bill 
altogether. I did not have an opportunity to do that the way the rules 
were crafted. A $3 billion rescission of highway contract authority 
will have an adverse effect on State highway work across the country 
and plans all across the country for construction projects. However, I 
do think we do have the votes to eliminate the rescission provision 
from this bill in its entirety.
  If this bill were being considered pursuant to the rules of the 
House, we would not have to vote on striking this rescission. This 
rescission is authorizing in nature and actually under normal 
circumstances would have been subject to a point of order which I would 
have offered pursuant to clause 2 of rule XXI, authorizing on an 
appropriations measure. However, the rule that was adopted earlier this 
evening governing this debate waived this point of order; therefore, I 
am forced tonight to offer this amendment.

[[Page H8265]]

  This amendment is designed to make it easier for our State 
departments of transportation to handle rescissions of this size and 
magnitude. This amendment strikes language in the bill that requires 
the State departments of transportation to apply part of their 
rescission proportionately across all highway programs.
  I know you will hear some others say that this is going to not assist 
CMAQ and some of the air quality programs and all that. But when you 
have a rescission of this magnitude in this bill of $3 billion in size, 
this is going to dramatically affect some of the work projects in many 
of the districts of many of the Members who are listening tonight.
  By striking this provision in the bill, this amendment will restore 
the flexibility of the State departments of transportation they had in 
applying rescissions contained in previous appropriations measures.
  The current language in the bill will force all State departments of 
transportation to apply the rescission in the same way. Each State 
would have to rescind funding from its highway programs in the same 
ratio that it receives from the Federal Highway Administration.
  Unfortunately, this cookie-cutter approach does not work for every 
State. Some States have very little balances in certain highway 
programs from which they will be required to apply this mandated 
rescission. This will have, unfortunately, a really severe impact on a 
State's highway work plan, many of them, as I said, in progress. 
Projects in every one of our districts will be impacted.
  I have a letter here from the American Association of State and 
Highway Transportation Officials supporting my amendment. Attached to 
this letter is a table showing how this rescission will impact every 
State. I include these documents for the Record.

         American Association of State Highway and Transportation 
                                    Washington, DC, July 23, 2007.
     Hon. John Mica,
     House of Representatives, Rayburn House Office Building,
     Washington, DC.
       Dear Mr. Mica: I am writing on behalf of the American 
     Association of State Highway and Transportation Officials 
     (AASHTO), which represents the departments of transportation 
     in the 50 states, the District of Columbia and Puerto Rico.
       As we indicated to the Committee last month, we are alarmed 
     that the Fiscal Year 2008 spending bill contains a provision 
     that would rescind $3 billion in apportioned contract 
     authority from the unobligated balances of total 
     apportionments. Since 2002, Congress has rescinded a total of 
     $9.822 billion in state apportioned highway contract 
     authority. This most recent proposal would bring the total to 
     almost $13 billion.
       These recurring rescissions of already apportioned contract 
     authority are likely to have a severe and immediate effect on 
     some States. How the States will be affected will vary to 
     some degree because the amount of unused contract authority 
     varies widely from State to State and among categories within 
     each State. However, after almost $13 billion in rescissions, 
     all States will be affected.
       A provision in the bill that would require the States to 
     distribute the rescission proportionately among all program 
     categories would further interfere with States' ability to 
     manage their highway programs, set priorities and craft long-
     term financial strategies. Therefore we urge you to adopt an 
     amendment which we believe will be offered by Rep. John Mica 
     to strike this provision.
       In the future we would like to work with Congress to 
     identify alternatives which would not be detrimental to 
     continuing the long-term financial stability of the federal-
     aid highway program.
           Sincerely yours,
                                                     John Horsley,
                                               Executive Director.

                                                                                    U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION
                                                                        [Estimated rescission of FY 2007 unobligated balances pursuant to H.R. 2701, section 252]
                                                                                     Surface transportation program
                                                             ------------------------------------------------------------------------------                   Congestion
            State               Interstate       National                                  Areas by population                                  Bridge        mitigation    Metropolitan  Recreational   Equity bonus       Share of
                                maintenance   highway system  Transportation ----------------------------------------------  Available for                    improvement     planning       trails                        rescission
                                                               enhancements        >200K