H. R. 1105—398 
expended, shall be available and transferred to ‘‘Office of the Sec-
retary, Salaries and Expenses’’ to carry out the Small Community 
Air Service Development Program. 
(RESCISSION) 
Of the amounts authorized under sections 48103 and 48112 
of title 49, United States Code, $80,000,000 are permanently 
rescinded from amounts authorized for the fiscal year ending Sep-
tember 30, 2009. 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used to com-
pensate in excess of 600 technical staff-years under the federally 
funded research and development center contract between the Fed-
eral Aviation Administration and the Center for Advanced Aviation 
Systems Development during fiscal year 2009. 
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 Adminis-
tration 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 2009, 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. 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 Jersey. 
SEC. 115. (a) No funds provided in this Act may be used 
by the Secretary of Transportation to promulgate regulations or 
take any action regarding the scheduling of airline operations at 
any commercial airport in the United States if such regulation 
or action involves: 
(1) the auctioning by the Secretary or the FAA Adminis-
trator of rights or permission to conduct airline operations 
at such an airport, 
(2) the implementation by said Secretary or Administrator 
of peak-period or other forms of congestion pricing at such 
an airport, 
(3) either: 
(A) withdrawal by the Secretary or Administrator of 
a right or permission to conduct operations at such an
H. R. 1105—399 
airport (except when the withdrawal is for operational rea-
sons or pursuant to the terms or conditions of such oper-
ating right or permission), or 
(B) requiring a carrier to transfer involuntarily any 
such right or permission to another person, 
(4) the charging by the Secretary or Administrator of a 
fee for the right or permission to use navigable airspace at 
such an airport, or 
(5) requiring or providing incentives or disincentives to 
airport proprietors to take such actions themselves. 
(b) Nothing in this section shall be construed to: 
(1) prohibit the Secretary or the Administrator from 
imposing per-operation limitations on airports for the purpose 
of alleviating congestion at such airports, 
(2) prohibit individual airports from implementing peak- 
period or other congestion pricing at such airports, consistent 
with regulations pertaining to airport rates and charges, or 
(3) limit the ability of a State, political subdivision of 
a State, or political authority of at least two States that owns 
or operates a commercial airport from carrying out its propri-
etary powers and rights. 
SEC. 116. None of the funds limited by this Act for grants 
under the Airport Improvement Program shall be made available 
to the sponsor of a commercial service airport if such sponsor 
fails to agree to a request from the Secretary of Transportation 
for cost-free space in a non-revenue producing, public use area 
of the airport terminal or other airport facilities for the purpose 
of carrying out a public service air passenger rights and consumer 
outreach campaign. 
SEC. 117. Within 60 days of the publication date of any Govern-
ment Accountability Office report reviewing the Federal Aviation 
Administration’s project to redesign the airspace over the New 
York, New Jersey, and Philadelphia region, the Administrator of 
the Federal Aviation Administration shall report in writing to the 
Committee on Appropriations and the Committee on Commerce, 
Science, and Transportation, on actions the agency intends to take 
in order to address any concerns and recommendations identified 
in the Government Accountability Office report. 
SEC. 118. The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from 
a large certified air carrier (as defined in part 241 of title 14 
Code of Federal Regulations, or such other regulations as may 
be issued by the Secretary under the authority of section 41709) 
an amount equal to the minimum apportionment specified in 49 
U.S.C. 47114(c), if the Secretary determines that airport had more 
than 10,000 passenger boardings in the preceding calendar year, 
based on data submitted to the Secretary under part 241 of title 
14, Code of Federal Regulations. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $390,000,000, together with advances and 
reimbursements received by the Federal Highway Administration, 
shall be paid in accordance with law from appropriations made
H. R. 1105—400 
available by this Act to the Federal Highway Administration for 
necessary expenses for administration and operation. In addition, 
not to exceed $3,524,000 shall be paid from appropriations made 
available by this Act and transferred to the Department of 
Transportation’s Office of Inspector General for costs associated 
with audits and investigations of projects and programs of the 
Federal Highway Administration, and not to exceed $300,000 shall 
be paid from appropriations made available by this Act and provided 
to that office through reimbursement to conduct the annual audits 
of financial statements in accordance with section 3521 of title 
31, United States Code. In addition, not to exceed $3,124,000 shall 
be paid from appropriations made available by this Act and trans-
ferred to the Appalachian Regional Commission in accordance with 
section 104 of title 23, United States Code. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
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 $40,700,000,000 for Federal-aid highways and high-
way safety construction programs for fiscal year 2009: Provided, 
That within the $40,700,000,000 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 2009: Provided further, That this limitation on transpor-
tation 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 Govern-
ment of servicing such credit instruments: Provided further, That 
such fees are available until expended to pay for such costs: Pro-
vided 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 administra-
tive 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 pro-
vided, including reimbursement for sums expended pursuant to 
the provisions of 23 U.S.C. 308, $41,439,000,000 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.