In the Senate of the United States, 
September 17, 2009. 
Resolved, That the bill from the House of Representa-
tives (H.R. 3288) entitled ‘‘An Act making appropriations for 
the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes.’’, do pass with 
the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Transportation and Housing and Urban 
Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes, namely:
† HR 3288 EAS 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$100,975,000, of which not to exceed $2,631,000 shall be 
available for the immediate Office of the Secretary; not to 
exceed $986,000 shall be available for the immediate Office 
of the Deputy Secretary; not to exceed $20,359,000 shall be 
available for the Office of the General Counsel; not to exceed 
$10,107,000 shall be available for the Office of the Under 
Secretary of Transportation for Policy; not to exceed 
$10,559,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed 
$2,400,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed 
$26,265,000 shall be available for the Office of the Assistant 
Secretary for Administration; not to exceed $2,123,000 shall 
be available for the Office of Public Affairs; not to exceed 
$1,711,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,499,000 shall be available for 
the Office of Small and Disadvantaged Business Utiliza-
tion; not to exceed $9,072,000 for the Office of Intelligence, 
Security, and Emergency Response; and not to exceed 
$13,263,000 shall be available for the Office of the Chief
† HR 3288 EAS 
tities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or 
a region: Provided further, That projects eligible for funding 
provided under this heading shall include, but not be lim-
ited to, highway or bridge projects eligible under title 23, 
United States Code; public transportation projects eligible 
under chapter 53 of title 49, United States Code; passenger 
and freight rail transportation projects; and port infra-
structure investments: Provided further, That in distrib-
uting funds provided under this heading, the Secretary 
shall take such measures so as to ensure an equitable geo-
graphic distribution of funds, an appropriate balance in 
addressing the needs of urban and rural communities, and 
the investment in a variety of transportation modes: Pro-
vided further, That a grant funded under this heading shall 
be not less than $10,000,000 and not greater than 
$300,000,000: Provided further, That not more than 25 per-
cent of the funds made available under this heading may 
be awarded to projects in a single State: Provided further, 
That the Federal share of the costs for which an expenditure 
is made under this heading shall be, at the option of the 
recipient, up to 80 percent: Provided further, That the Sec-
retary shall give priority to projects that require a contribu-
tion of Federal funds in order to complete an overall financ-
ing package: Provided further, That not less than
† HR 3288 EAS 
$250,000,000 of the funds provided under this heading shall 
be for projects located in rural communities: Provided fur-
ther, That for projects located in rural communities, the 
minimum grant size shall be $1,000,000 and the Secretary 
may increase the Federal share of costs above 80 percent: 
Provided further, That projects conducted using funds pro-
vided under this heading must comply with the require-
ments of subchapter IV of chapter 31 of title 40, United 
States Code: Provided further, That the Secretary shall pub-
lish criteria on which to base the competition for any grants 
awarded under this heading no sooner than 60 days after 
enactment of this Act, require applications for funding pro-
vided under this heading to be submitted so sooner than 
120 days after the publication of such criteria, and an-
nounce all projects selected to be funded from funds provided 
under this heading no sooner than September 15, 2010: Pro-
vided further, That the Secretary may retain up to 
$25,000,000 of the funds provided under this heading, and 
may transfer portions of those funds to the Administrators 
of the Federal Highway Administration, the Federal Tran-
sit Administration, the Federal Railroad Administration 
and the Federal Maritime Administration, to fund the 
award and oversight of grants made under this heading.
† HR 3288 EAS 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
re-engineering business processes, $5,000,000, to remain 
available until expended. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,667,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $8,233,000. 
WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital out-
lays of the Working Capital Fund, not to exceed 
$147,500,000, 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: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency 
of the Department shall be transferred to the Working Cap-
† HR 3288 EAS 
ital Fund without the approval of the agency modal admin-
istrator: Provided further, That no assessments may be lev-
ied 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, $353,000, as author-
ized by 49 U.S.C. 332: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in sec-
tion 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 ex-
penses to carry out the guaranteed loan program, $570,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Resource 
Center outreach activities, $3,074,000, to remain available 
until September 30, 2011: Provided, That notwithstanding 
49 U.S.C. 332, these funds may be used for business oppor-
tunities related to any mode of transportation.
† HR 3288 EAS 
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, $125,000,000, to be derived 
from the Airport and Airway Trust Fund, to remain avail-
able until expended: Provided, That, in determining be-
tween 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 nec-
essary to carry out the essential air service program from 
any available amounts appropriated to or directly adminis-
tered by the Office of the Secretary for such fiscal year. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY 
OF TRANSPORTATION 
SEC. 101. The Secretary of Transportation is author-
ized 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
† HR 3288 EAS 
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, ex-
cept for activities underway on the date of enactment of 
this Act, unless such assessments or agreements have com-
pleted 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. 
SEC. 104. The Secretary or his or her designee may 
engage in activities with States and State legislators to con-
sider proposals related to the reduction of motorcycle fatali-
ties. 
SEC. 105 Such amounts as are required from amounts 
provided in this Act to the Office of the Secretary of Trans-
portation for the Transportation Planning, Research and 
Development program may be used for the development, co-
ordination, and analysis of data collection procedures and 
national performance measures.
† HR 3288 EAS 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Aviation Admin-
istration, not otherwise provided for, including operations 
and research activities related to commercial space trans-
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities, the oper-
ation (including leasing) and maintenance of aircraft, sub-
sidizing 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, $9,359,131,000, of which 
$5,277,648,000 shall be derived from the Airport and Air-
way Trust Fund, of which not to exceed $7,305,902,000 
shall be available for air traffic organization activities; not 
to exceed $1,236,565,000 shall be available for aviation safe-
ty activities; not to exceed $14,737,000 shall be available 
for commercial space transportation activities; not to exceed 
$113,681,000 shall be available for financial services activi-
ties; not to exceed $100,428,000 shall be available for human 
resources program activities; not to exceed $341,977,000 
shall be available for region and center operations and re-
gional coordination activities; not to exceed $196,063,000
† HR 3288 EAS 
shall be available for staff offices; and not to exceed 
$49,778,000 shall be available for information services: Pro-
vided, That the Secretary utilize not less than $18,500,000 
of the funds provided for aviation safety activities to pay 
for staff increases in the Office of Aviation Flight Standards 
and the Office of Aircraft Certification: Provided further, 
That none of the funds provided for increases to the staffs 
of the aviation flight standards and aircraft certification 
offices shall be used for other purposes: Provided further, 
That not 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 appropria-
tion by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a re-
programming 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 not later than March 31 of each fis-
cal year hereafter, the Administrator of the Federal Avia-
tion 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: Pro-
vided further, That the amount herein appropriated shall 
be reduced by $100,000 for each day after March 31 that
† HR 3288 EAS 
such report has not been submitted to the Congress: Pro-
vided further, That not later than March 31 of each fiscal 
year hereafter, the Administrator shall transmit to Congress 
a companion report that describes a comprehensive strategy 
for staffing, hiring, and training flight standards and air-
craft certification staff in a format similar to the one uti-
lized for the controller staffing plan, including stated attri-
tion estimates and numerical hiring goals by fiscal year: 
Provided further, That the amount herein appropriated 
shall be reduced by $100,000 per day for each day after 
March 31 that such report has not been submitted to Con-
gress: 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 ca-
reer 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 
that would promulgate new aviation user fees not specifi-
cally 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
† HR 3288 EAS 
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 $9,500,000 shall be for the contract 
tower cost-sharing program: Provided further, That none of 
the funds in this Act for aeronautical charting and cartog-
raphy are available for activities conducted by, or coordi-
nated through, the Working Capital Fund: Provided fur-
ther, That not to exceed $500,000 shall be paid from appro-
priations made available by this Act and provided to the 
Department of Transportation’s Office of Inspector General 
through reimbursement to conduct the annual audits of fi-
nancial statements in accordance with section 3521 of title 
31, United States Code, and $120,000 shall be paid from 
appropriations made available by this Act and provided to 
that office through reimbursement to conduct the annual 
Enterprise Services Center Statement on Auditing Stand-
ards 70 audit. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, im-
† HR 3288 EAS 
provement by contract or purchase, and hire of national 
airspace systems and experimental facilities and equip-
ment, as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of nec-
essary sites by lease or grant; engineering and service test-
ing, including construction of test facilities and acquisition 
of necessary sites by lease or grant; construction and fur-
nishing of quarters and related accommodations for officers 
and employees of the Federal Aviation Administration sta-
tioned 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, $2,942,352,000, of 
which $2,472,352,000 shall remain available until Sep-
tember 30, 2012, and of which $470,000,000 shall remain 
available until September 30, 2010: 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 establish-
ment and modernization of air navigation facilities: Pro-
vided further, That upon initial submission to the Congress 
of the fiscal year 2011 President’s budget, the Secretary of 
Transportation shall transmit to the Congress a comprehen-
sive capital investment plan for the Federal Aviation Ad-
† HR 3288 EAS 
ministration which includes funding for each budget line 
item for fiscal years 2011 through 2015, with total funding 
for each year of the plan constrained to the funding targets 
for those years as estimated and approved by the Office of 
Management and Budget. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized 
under part A of subtitle VII of title 49, United States Code, 
including construction of experimental facilities and acqui-
sition of necessary sites by lease or grant, $175,000,000, to 
be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2012: Provided, 
That there may be credited to this appropriation as offset-
ting collections, funds received from States, counties, mu-
nicipalities, 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 com-
† HR 3288 EAS 
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law author-
izing 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 in-
spection activities and administration of airport safety pro-
grams, including those related to airport operating certifi-
cates under section 44706 of title 49, United States Code, 
$3,000,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Pro-
vided, That none of the funds under this heading shall be 
available for the planning or execution of programs the obli-
gations for which are in excess of $3,515,000,000 in fiscal 
year 2010, 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 replace-
ment of baggage conveyor systems, reconfiguration of ter-
minal 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 
$93,422,000 shall be obligated for administration, not less 
than $15,000,000 shall be available for the airport coopera-
† HR 3288 EAS 
tive research program, not less than $22,472,000 shall be 
for Airport Technology Research and $8,000,000, 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 Pro-
gram. 
(RESCISSION) 
Of the amounts authorized for the fiscal year ending 
September 30, 2009, and prior years under sections 48103 
and 48112 of title 49, United States Code, $392,960,000 
are permanently rescinded. 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used 
to compensate in excess of 600 technical staff-years under 
the federally funded research and development center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development during 
fiscal year 2010. 
SEC. 111. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air
† HR 3288 EAS 
navigation, or weather reporting: Provided, That the prohi-
bition of funds in this section does not apply to negotiations 
between the agency and airport sponsors to achieve agree-
ment on ‘‘below-market’’ rates for these items or to grant 
assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
U.S.C. 45303: Provided, That during fiscal year 2010, 49 
U.S.C. 41742(b) shall not apply, and any amount remain-
ing in such account at the close of that fiscal year may 
be made available to satisfy section 41742(a)(1) for the sub-
sequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) of 
title 49, United States Code, shall be credited to the appro-
priation 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 limited by this Act for 
grants under the Airport Improvement Program shall be 
made available to the sponsor of a commercial service air-
port 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
† HR 3288 EAS 
a public service air passenger rights and consumer outreach 
campaign. 
SEC. 115. None of the funds in this Act shall be avail-
able for paying premium pay under subsection 5546(a) of 
title 5, United States Code, to any Federal Aviation Admin-
istration employee unless such employee actually performed 
work during the time corresponding to such premium pay. 
SEC. 116. None of the funds in this Act may be obli-
gated 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. 
SEC. 117. 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 min-
imum 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.
† HR 3288 EAS 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $415,396,000, together with advances 
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration for necessary expenses for admin-
istration and operation. In addition, not to exceed 
$3,524,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Department of 
Transportation’s Office of Inspector General for costs asso-
ciated with audits and investigations of projects and pro-
grams of the Federal Highway Administration, and not to 
exceed $285,000 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 transferred to the Appalachian Regional Commis-
sion in accordance with section 104 of title 23, United 
States Code.
† HR 3288 EAS 
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 obliga-
tions for which are in excess of $41,107,000,000 for Federal- 
aid highways and highway safety construction programs for 
fiscal year 2010: Provided, That within the $41,107,000,000 
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 2010: Provided further, That this limita-
tion on transportation research programs shall not apply 
to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by 
section 605(b) of title 23, United States Code, collect and 
spend fees to cover the costs of services of expert firms, in-
cluding counsel, in the field of municipal and project fi-
nance 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 ex-