H. R. 1105—395 
assume subsidy costs commonly referred to as the EAS local partici-
pation program. 
SEC. 104. The Secretary or his or her designee may engage 
in activities with States and State legislators to consider proposals 
related to the reduction of motorcycle fatalities. 
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 activi-
ties related to commercial space transportation, administrative 
expenses for research and development, establishment of air naviga-
tion 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, $9,042,467,000, of which $5,238,005,000 shall 
be derived from the Airport and Airway Trust Fund, of which 
not to exceed $7,099,019,000 shall be available for air traffic 
organization activities; not to exceed $1,164,597,000 shall be avail-
able for aviation safety activities; not to exceed $14,094,000 shall 
be available for commercial space transportation activities; not to 
exceed $111,004,000 shall be available for financial services activi-
ties; not to exceed $96,091,000 shall be available for human 
resources program activities; not to exceed $331,000,000 shall be 
available for region and center operations and regional coordination 
activities; not to exceed $180,859,000 shall be available for staff 
offices; and not to exceed $46,500,000 shall be available for informa-
tion services: Provided, That not to exceed 2 percent of any budget 
activity, except for aviation safety budget activity, may be trans-
ferred 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 $10,000,000 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 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 funds may be used to enter into a grant agreement with 
a nonprofit standard-setting organization to assist in the develop-
ment 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 the Federal 
Aviation Administration to finalize or implement any regulation
H. R. 1105—396 
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 authori-
ties, 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 air-
man, 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 $9,000,000 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 certifi-
cate through use of a Government-issued credit card. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for acquisi-
tion, 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 Fed-
eral 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, $2,742,095,000, 
of which $2,281,595,000 shall remain available until September 
30, 2011, and of which $460,500,000 shall remain available until 
September 30, 2009: 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 2010 President’s budget, the Secretary of Transpor-
tation 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 2010 
through 2014, with total funding for each year of the plan con-
strained to the funding targets for those years as estimated and 
approved by the Office of Management and Budget: Provided fur-
ther, That the Secretary of Transportation shall conduct an analysis 
that compares the current status of air traffic management and