I 
111TH CONGRESS 
1ST SESSION H. R. 3288 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2009 
Ordered to be printed with the amendment of the Senate 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Departments of Transpor-
tation, and Housing and Urban Development, and re-
lated agencies for the fiscal year ending September 30, 
2010, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 end-
ing September 30, 2010, and for other purposes, namely: 
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TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$102,556,000 (reduced by $250,000), of which not to ex-
ceed $2,631,000, shall be available for the immediate Of-
fice of the Secretary; not to exceed $986,000, shall be 
available for the immediate Office of the Deputy Sec-
retary; not to exceed $20,359,000, shall be available for 
the
Office
of
the
General
Counsel;
not
to
exceed 
$11,100,000, 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 Assist-
ant Secretary for Budget and Programs; not to exceed 
$2,440,000, shall be available for the Office of the Assist-
ant Secretary for Governmental Affairs; not to exceed 
$25,520,000, shall be available for the Office of the Assist-
ant
Secretary
for
Administration;
not
to
exceed 
$2,055,000, shall be available for the Office of Public Af-
fairs; not to exceed $1,658,000, shall be available for the 
Office
of
the
Executive
Secretariat;
not
to
exceed 
$1,433,000, shall be available for the Office of Small and 
Disadvantaged
Business
Utilization;
not
to
exceed 
$10,600,000, shall be available for the Office of Intel-
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ligence, Security, and Emergency Response; and not to ex-
ceed $13,215,000 shall be available for the Office of the 
Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appro-
priated for any office of the Office of the Secretary to any 
other office of the Office of the Secretary: Provided fur-
ther, That no appropriation for any office shall be in-
creased 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 ap-
proval to the House and Senate Committees on Appropria-
tions: Provided further, That not to exceed $60,000, shall 
be for allocation within the Department for official recep-
tion and representation expenses as the Secretary may de-
termine: 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 fur-
ther, That none of the funds provided in this Act shall 
be available for the position of Assistant Secretary for 
Public Affairs. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems, 
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and reengineering business processes, $5,000,000 (re-
duced by $3,000,000), 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, $14,733,000. 
WORKING CAPITAL FUND 
For necessary expenses for operating costs and cap-
ital outlays of the Working Capital Fund, not to exceed 
$147,569,000, 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 
Capital Fund without the approval of the agency modal 
administrator: Provided further, That no assessments may 
be levied against any program, budget activity, subactivity 
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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 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 
necessary sites by lease or grant; engineering and service 
testing, including construction of test facilities and acqui-
sition of necessary sites by lease or grant; construction 
and furnishing of quarters and related accommodations 
for officers and employees of the Federal Aviation Admin-
istration stationed at remote localities where such accom-
modations are not available; and the purchase, lease, or 
transfer of aircraft from funds available under this head-
ing, including aircraft for aviation regulation and certifi-
cation; to be derived from the Airport and Airway Trust 
Fund, $2,925,202,000, of which $2,455,202,000 shall re-
main available until September 30, 2012, and of which 
$470,000,000 shall remain available until September 30, 
2010: Provided, That there may be credited to this appro-
priation as offsetting collections funds received from 
States, counties, municipalities, other public authorities, 
and private sources, which shall be available for expenses 
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incurred in the establishment and modernization of air 
navigation facilities: Provided further, That upon initial 
submission to the Congress of the fiscal year 2011 Presi-
dent’s budget, the Secretary of Transportation shall trans-
mit to the Congress a comprehensive capital investment 
plan for the Federal Aviation Administration which in-
cludes 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 
acquisition
of
necessary
sites
by
lease
or
grant, 
$195,000,000, 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 appro-
priation 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. 
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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-
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 au-
thorizing 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 safe-
ty programs, including those related to airport operating 
certificates 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 ex-
pended: Provided, That none of the funds under this head-
ing shall be available for the planning or execution of pro-
grams
the
obligations
for
which
are
in
excess
of 
$3,515,000,000 in fiscal year 2010, notwithstanding sec-
tion 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 sys-
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tems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk ex-
plosive detection systems: Provided further, That notwith-
standing any other provision of law, of funds limited under 
this heading, not more than $93,422,000 shall be obli-
gated for administration, not less than $15,000,000 shall 
be available for the airport cooperative research program, 
not less than $22,472,000 shall be for Airport Technology 
Research. 
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 dur-
ing 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 
navigation, or weather reporting: Provided, That the pro-
hibition of funds in this section does not apply to negotia-
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tions 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 facili-
ties. 
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 re-
maining in such account at the close of that fiscal year 
may be made available to satisfy section 41742(a)(1) for 
the subsequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) 
of title 49, United States Code, shall be credited to the 
appropriation current at the time of collection, to be 
merged with and available for the same purposes of such 
appropriation. 
SEC. 114. (a) Section 44302(f)(1) of title 49, United 
States Code, is amended— 
(1) by striking ‘‘September 30, 2009,’’ and in-
serting ‘‘September 30, 2010,’’; and 
(2) by striking ‘‘December 31, 2009,’’ and in-
serting ‘‘December 31, 2010,’’. 
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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31104(i) 
of title 49, United States Code, and sections 4127 and 
4134 of Public Law 109–59, $239,828,000, to be derived 
from the Highway Trust Fund (other than the Mass Tran-
sit Account), together with advances and reimbursements 
received by the Federal Motor Carrier Safety Administra-
tion: Provided, That none of the funds derived from the 
Highway Trust Fund in this Act shall be available for the 
implementation, execution or administration of programs, 
the obligations for which are in excess of $239,828,000, 
for ‘‘Motor Carrier Safety Operations and Programs’’, of 
which $8,500,000, is for the research and technology pro-
gram to remain available for obligation until September 
30, 2011, and $1,000,000 shall be available for commer-
cial motor vehicle operator’s grants to carry out section 
4134 of Public Law 109–59: Provided further, That not-
withstanding any other provision of law, none of the funds 
under this heading for outreach and education shall be 
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available for transfer: Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to 
Congress a report on March 30, 2010, and September 30, 
2010, on the agency’s ability to meet its requirement to 
conduct compliance reviews on high-risk carriers. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $310,070,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account): Provided, That none of the funds in this 
Act shall be available for the implementation or execution 
of programs, the obligations for which are in excess of 
$310,070,000, for ‘‘Motor Carrier Safety Grants’’; of 
which $212,070,000 shall be available for the motor car-
rier safety assistance program to carry out sections 31102 
and
31104(a)
of
title
49,
United
States
Code; 
$25,000,000, shall be available for the commercial driver’s 
license improvements program to carry out section 31313 
of title 49, United States Code; $32,000,000, shall be 
available for the border enforcement grants program to 
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carry out section 31107 of title 49, United States Code; 
$5,000,000, shall be available for the performance and 
registration information system management program to 
carry out sections 31106(b) and 31109 of title 49, United 
States Code; $25,000,000, shall be available for the com-
mercial vehicle information systems and networks deploy-
ment program to carry out section 4126 of Public Law 
109–59; $3,000,000, shall be available for the safety data 
improvement program to carry out section 4128 of Public 
Law 109–59; and $8,000,000, shall be available for the 
commercial driver’s license information system moderniza-
tion program to carry out section 31309(e) of title 49, 
United States Code: Provided further, That of the funds 
made available for the motor carrier safety assistance pro-
gram, $29,000,000, shall be available for audits of new 
entrant motor carriers. 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 
CARRIER SAFETY ADMINISTRATION 
SEC. 135. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of 
Public Law 110–28, including that the Secretary submit 
a report to the House and Senate Appropriations Commit-
tees annually on the safety and security of transportation 
into the United States by Mexico-domiciled motor carriers. 
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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of 
the Secretary, with respect to traffic and highway safety 
under subtitle C of title X of Public Law 109–59 and 
chapter 301 and part C of subtitle VI of title 49, United 
States Code, $131,736,000 (increased by $250,000), of 
which $32,045,000 shall remain available until September 
30, 2011: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, 
or implement any rulemaking to add to section 575.104 
of title 49 of the Code of Federal Regulations any require-
ment pertaining to a grading standard that is different 
from the three grading standards (treadwear, traction, 
and temperature resistance) already in effect. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, $108,642,000 to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the planning or execution of programs the total 
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obligations for which, in fiscal year 2010, are in excess 
of $108,642,000 for programs authorized under 23 U.S.C. 
403: Provided further, That within the $108,642,000 obli-
gation limitation for operations and research, $26,908,000 
shall remain available until September 30, 2011, and shall 
be in addition to the amount of any limitation imposed 
on obligations for future years. 
NATIONAL DRIVER REGISTER 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
chapter 303 of title 49, United States Code, $4,000,000, 
to be derived from the Highway Trust Fund (other than 
the Mass Transit Account) and to remain available until 
expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of 
programs the total obligations for which, in fiscal year 
2010, are in excess of $4,000,000 for the National Driver 
Register authorized under such chapter. 
NATIONAL DRIVER REGISTER 
For an additional amount for the ‘‘National Driver 
Register’’ as authorized by chapter 303 of title 49, United 
States Code, $3,350,000, to remain available through Sep-
tember 30, 2011: Provided, That the funding made avail-
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(5) distribute the obligation limitation provided 
for Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
amounts distributed under paragraph (4), for each of 
the programs that are allocated by the Secretary 
under the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users and title 
23, United States Code (other than to programs to 
which paragraphs (1) and (4) apply), by multiplying 
the ratio determined under paragraph (3) by the 
amounts authorized to be appropriated for each such 
program for such fiscal year; and 
(6) distribute the obligation limitation provided 
for Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
amounts distributed under paragraphs (4) and (5), 
for Federal-aid highways and highway safety con-
struction programs (other than the amounts appor-
tioned for the equity bonus program, but only to the 
extent that the amounts apportioned for the equity 
bonus program for the fiscal year are greater than 
$2,639,000,000, and the Appalachian development 
highway system program) that are apportioned by the 
Secretary under the Safe, Accountable, Flexible, Effi-
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