IB 
Union Calendar No. 119 
111TH CONGRESS 
1ST SESSION H. R. 3288 
[Report No. 111–218] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2009 
Mr. OLVER, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
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. 
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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: 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$102,556,000, 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 Gen-
eral 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 Assistant Secretary for Budget and 
Programs; not to exceed $2,440,000, shall be available for 
the Office of the Assistant Secretary for Governmental Af-
fairs; not to exceed $25,520,000, shall be available for the 
Office of the Assistant Secretary for Administration; not 
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to exceed $2,055,000, shall be available for the Office of 
Public Affairs; 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-
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 
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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, 
and reengineering business processes, $5,000,000, to re-
main 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-
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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 
or project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House 
and Senate Committees on Appropriations and are ap-
proved by such Committees. 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of guaranteed loans for short-term work-
ing capital, $342,000, 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 Con-
gressional 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, $570,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Re-
source Center outreach activities, $3,074,000, to remain 
available until September 30, 2011: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for 
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business opportunities related to any mode of transpor-
tation. 
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 pur-
suant to 49 U.S.C. 41731 through 41742, $125,000,000, 
to be derived from the Airport and Airway Trust Fund, 
to remain available until expended: Provided, That, in de-
termining between or among carriers competing to provide 
service to a community, the Secretary may consider the 
relative subsidy requirements of the carriers: Provided fur-
ther, 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. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE 
SECRETARY OF TRANSPORTATION 
SEC. 101. 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 ap-
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prove assessments or reimbursable agreements pertaining 
to funds appropriated to the modal administrations in this 
Act, except for activities underway on the date of enact-
ment of this Act, unless such assessments or agreements 
have completed the normal reprogramming process for 
Congressional notification. 
SEC. 102. None of the funds made available under 
this Act may be obligated or expended to establish or im-
plement a program under which essential air service com-
munities are required to assume subsidy costs commonly 
referred to as the EAS local participation program. 
SEC. 103. 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 Ad-
ministration, not otherwise provided for, including oper-
ations 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 
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to the public, lease or purchase of passenger motor vehi-
cles for replacement only, in addition to amounts made 
available by Public Law 108–176, $9,347,168,000, of 
which $5,190,798,000 shall be derived from the Airport 
and Airway Trust Fund, of which not to exceed 
$7,300,739,000 shall be available for air traffic organiza-
tion activities; not to exceed $1,231,765,000 shall be avail-
able for aviation safety activities; not to exceed 
$14,737,000 shall be available for commercial space trans-
portation activities; not to exceed $113,681,000 shall be 
available for financial services activities; not to exceed 
$100,428,000 shall be available for human resources pro-
gram activities; not to exceed $341,977,000 shall be avail-
able for region and center operations and regional coordi-
nation activities; not to exceed $190,063,000 shall be 
available for staff offices; and not to exceed $49,778,000 
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 trans-
fer in excess of 2 percent shall be treated as a reprogram-
ming of funds under section 405 of this Act and shall not 
be available for obligation or expenditure except in compli-
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ance with the procedures set forth in that section: Pro-
vided further, That the Secretary utilize not less than 
$17,084,000 of the funds provided for aviation safety ac-
tivities 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 an-
nual update to the report submitted to Congress in De-
cember 2004 pursuant to section 221 of Public Law 108– 
176: 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 the Federal 
Aviation Administration to finalize or implement any regu-
lation that would promulgate new aviation user fees not 
specifically authorized by law after the date of the enact-
ment of this Act: Provided further, That there may be 
credited to this appropriation as offsetting collections 
funds received from States, counties, municipalities, for-
eign authorities, other public authorities, and private 
sources, including funds from fees authorized under Chap-
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ter 453 of title 49, United States Code, other than those 
authorized by Section 45301(a)(1) of that title, which 
shall be available 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 $9,500,000 shall be for the 
contract tower cost-sharing program: Provided further, 
That of the funds available under this heading not to ex-
ceed $500,000 shall be provided to the Department of 
Transportation’s Office of Inspector General through re-
imbursement to conduct the annual audits of financial 
statements in accordance with section 3521 of title 31, 
United States Code, and not to exceed $120,000 shall be 
provided to that office through reimbursement to conduct 
the annual Enterprise Services Center Statement on Au-
diting Standards 70 audit: 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. 
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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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(b) Section 44303(b) of such title is amended by 
striking ‘‘December 31, 2009,’’ and inserting ‘‘December 
31, 2010,’’. 
SEC. 115. 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. 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 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 
a public service air passenger rights and consumer out-
reach campaign. 
SEC. 117. None of the funds in this Act shall be avail-
able 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 cor-
responding to such premium pay. 
SEC. 118. 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. 
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FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $413,533,000, 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 ad-
ministration 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 as-
sociated with audits and investigations of projects and 
programs 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 
$3,220,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Appalachian Re-
gional Commission in accordance with section 104 of title 
23, United States Code. 
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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 Fed-
eral-aid highways and highway safety construction pro-
grams 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 imple-
mentation or execution of programs for transportation re-
search (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: Pro-
vided further, That this limitation on transportation re-
search programs shall not apply to any authority pre-
viously 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 coun-
sel, in the field of municipal and project finance to assist 
in the underwriting and servicing of Federal credit instru-
ments and all or a portion of the costs to the Federal Gov-
ernment of servicing such credit instruments: Provided 
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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 avail-
able for such purpose, and are not subject to any obliga-
tion 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 high-
ways, not otherwise provided, including reimbursement for 
sums expended pursuant to the provisions of 23 U.S.C. 
308, $41,846,000,000 or so much thereof as may be avail-
able in and derived from the Highway Trust Fund (other 
than the Mass Transit Account), to remain available until 
expended. 
SURFACE TRANSPORTATION PRIORITIES 
For the necessary expenses of certain highway and 
surface transportation projects, $125,700,000, to remain 
available until expended: Provided, That the amount pro-
vided under this heading shall be made available for the 
eligible programs, projects, and activities identified under 
this heading in the report accompanying this Act: Pro-
vided further, That a project is an eligible project under 
this heading if the project is eligible for assistance under 
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title 23 or chapter 53 of title 49, United States Code: Pro-
vided further, That funds provided under this heading 
shall be administered in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United 
States Code, and the Federal share payable on account 
of any program, project, or activity carried out with funds 
made available under this heading shall be determined in 
accordance with section 120(b) of title 23, United States 
Code: Provided further, That notwithstanding any other 
provision of law and the preceding clauses of this provi-
sion, the Secretary of Transportation may use amounts 
made available under this heading to make grants for any 
surface transportation project otherwise eligible for fund-
ing under title 23 or title 49, United States Code. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. (a) For fiscal year 2010, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 
104(a) of title 23, United States Code; programs 
funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code 
(as in effect on the day before the date of enactment 
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of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users); the high-
way use tax evasion program; and the Bureau of 
Transportation Statistics; 
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts made avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for Federal-aid highways and 
highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal- 
aid highways, less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears 
to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title 
23, United States Code, equal to the amount 
referred to in subsection (b)(10) for such fiscal 
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year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of 
this subsection; 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
sections 1301, 1302, and 1934 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users; sections 117 (but individually 
for each project numbered 1 through 3676 listed in 
the table contained in section 1702 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users) and section 144(g) of title 
23, United States Code; and section 14501 of title 
40, United States Code, so that the amount of obli-
gation authority available for each of such sections 
is equal to the amount determined by multiplying 
the ratio determined under paragraph (3) by the 
sums authorized to be appropriated for that section 
for the fiscal year; and 
(B) distribute $2,000,000,000 for section 
105 of title 23, United States Code; 
(5) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
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(2) and amounts distributed under paragraph (4), 
for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Ef-
ficient Transportation 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 safe-
ty construction programs (other than the amounts 
apportioned 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 develop-
ment highway system program) that are apportioned 
by the Secretary under the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users and title 23, United States Code, in the 
ratio that— 
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(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
not apply to obligations: (1) under section 125 of title 23, 
United States Code; (2) under section 147 of the Surface 
Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under sub-
sections (b) and (j) of section 131 of the Surface Trans-
portation Assistance Act of 1982; (5) under subsections 
(b) and (c) of section 149 of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987; (6) under 
sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 
157 of title 23, United States Code, as in effect on the 
day before the date of the enactment of the Transpor-
tation Equity Act for the 21st Century; (8) under section 
105 of title 23, United States Code, as in effect for fiscal 
years 1998 through 2004, but only in an amount equal 
to $639,000,000 for each of those fiscal years; (9) for 
Federal-aid highway programs for which obligation au-
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thority was made available under the Transportation Eq-
uity Act for the 21st Century or subsequent public laws 
for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not 
lapsed or been used; (10) under section 105 of title 23, 
United States Code, but only in an amount equal to 
$639,000,000 for each of fiscal years 2005 through 2010; 
and (11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obli-
gations at the time at which the funds were initially made 
available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts 
to those States able to obligate amounts in addition to 
those previously distributed during that fiscal year, giving 
priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 
23, United States Code. 
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(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
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position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection 
(a)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
obligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient 
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Transportation Equity Act: A Legacy for Users may 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to 
the original purpose on the date on which obligation 
authority is distributed under this section for the 
next fiscal year following obligation under paragraph 
(1). 
(h) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
highways and highway safety construction. 
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SEC. 122. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of non-toll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY
VEHICLE
LANES.—A 
high-occupancy vehicle lane that is converted to a 
toll lane shall not be subject to this section, and 
shall not be considered to be a non-toll lane for pur-
poses of determining whether a highway will have 
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fewer non-toll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or 
other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 123. (a) In the explanatory statement ref-
erenced in section 129 of division K of Public Law 110– 
161 (121 Stat. 2388), the item relating to ‘‘Route 5 Over-
pass and River Center, St. Mary’s County, MD’’ in the 
table of projects for such section 129 is deemed to be 
amended by striking ‘‘ ‘Route 5 Overpass and River Cen-
ter, St. Mary’s County, MD’’ and inserting ‘‘Safety Im-
provements and Traffic Calming Measures along Route 5 
at St. Mary’s County, MD’’. 
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(b) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘US 422 River Crossing Com-
plex Project, King of Prussia, PA’’ in the table of projects 
under the heading ‘‘Transportation, Community, and Sys-
tem Preservation Program’’ is deemed to be amended by 
striking ‘‘US 422 River Crossing Complex Project, King 
of Prussia, PA’’ and inserting ‘‘For closed loop signal con-
trol system and other improvements for Trooper Road in 
Lower Providence and West Norriton Townships, Mont-
gomery County, PA’’. 
(c) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Improving the West Bank 
River Front, IL’’ in the table of projects under the head-
ing ‘‘Transportation, Community, and System Preserva-
tion Program’’ is deemed to be amended by striking ‘‘Im-
proving the West Bank River Front, IL’’ and inserting 
‘‘East Bank River Front and Bikeway Improvements, 
IL’’. 
(d) In the explanatory statement referenced in section 
186 of title I of division K of Public Law 110–161 (121 
Stat. 2406), as amended by section 129(d) of division I 
of Public Law 111–8 (123 Stat. 947), the item relating 
to ‘‘Repair of Side Streets and Relocation of Water Mains 
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resulting from rerouting of traffic and reconstruction of 
159th Street in Harvey, IL’’ in the table of projects under 
the heading ‘‘Transportation, Community, and System 
Preservation Program’’ is deemed to be amended by strik-
ing ‘‘Repair of Side Streets and Relocation of Water 
Mains resulting from rerouting of traffic and reconstruc-
tion of 159th Street in Harvey, IL’’ and inserting ‘‘Inter-
section Improvements on Crawford Avenue and 203rd 
Street in the Village of Olympia Fields, IL’’. 
(e) In the explanatory statement referenced in section 
129 of division K of Public Law 110–161 (121 Stat. 
2388), the item relating to ‘‘Study Improvements to 109th 
Avenue, Winfield, IN’’ in the table of projects for such 
section 129 is deemed to be amended by striking ‘‘Win-
field, IN’’ and inserting ‘‘Town of Winfield, City of Crown 
Point, Lake County, IN’’. 
(f) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Ronald Reagan Parkway (Mid-
dle and Southern segments), Boone County, IN’’ in the 
table of projects under the heading ‘‘Transportation, Com-
munity, and System Preservation Program’’ is deemed to 
be amended by striking ‘‘Boone County’’ and inserting 
‘‘Hendricks County’’. 
VerDate Nov 24 2008 
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(g) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Onville Road Intersection and 
Road-Widening Project, Prince William County, VA’’ in 
the table of projects under the heading ‘‘Federal Lands’’ 
is deemed to be amended by striking ‘‘Prince William’’ and 
inserting ‘‘Stafford’’. 
(h) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘U.S. 59/Alabama Grade Sepa-
ration Project, St. Joseph, MO’’ in the table of projects 
under the heading ‘‘Interstate Maintenance Discre-
tionary’’ is deemed to be amended by striking ‘‘U.S. 59/ 
Alabama Grade Separation Project, St. Joseph, MO’’ and 
inserting ‘‘I-29 Interchange Reconstruction in St. Joseph, 
MO’’. 
(i) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Decking and Sidewalk Replace-
ment on the Central Avenue Overpass, South Charleston, 
WV’’ in the table of projects under the heading ‘‘Interstate 
Maintenance Discretionary’’ is deemed to be amended by 
striking ‘‘Decking and Sidewalk Replacement on the Cen-
tral Avenue Overpass, South Charleston, WV’’ and insert-
ing ‘‘General Interstate Maintenance, WV’’. 
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(j) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Wapsi Great Western Line 
Trail, Mitchell County, IA’’ is deemed to be amended by 
striking ‘‘Mitchell County’’ and inserting ‘‘Mitchell and 
Howard Counties’’. 
(k) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Highway 169 Corridor Project 
Environmental Assessment, Preliminary Engineering and 
Planning, Humboldt, IA’’ is deemed to be amended by 
striking ‘‘Corridor Project Environmental Assessment, 
Preliminary Engineering and Planning, Humboldt, IA’’ 
and inserting ‘‘Construction, Humboldt and Webster 
Counties, IA’’. 
(l) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Highway 53 Interchanges, WI’’ 
is deemed to be amended by striking ‘‘Interchanges’’ and 
inserting ‘‘Intersections’’. 
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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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each specific train route: Provided further, That each such 
grant request shall be accompanied by a detailed financial 
analysis, revenue projection, and capital expenditure pro-
jection justifying the Federal support to the Secretary’s 
satisfaction: Provided further, That the Secretary may re-
tain up to one-half of one percent of the funds provided 
under this heading to implement the Operating Grants to 
the National Railroad Passenger Corporation in fiscal year 
2010: Provided further, That the Corporation is directed 
to achieve savings through operating efficiencies including, 
but not limited to, modifications to food and beverage 
service and first class service: Provided further, That the 
Inspector General of the Department of Transportation 
shall report to the House and Senate Committees on Ap-
propriations beginning 3 months after the date of the en-
actment of this Act and quarterly thereafter with esti-
mates of the savings accrued as a result of all operational 
reforms instituted by the Corporation: Provided further, 
That the Inspector General of the Department of Trans-
portation shall provide a report recommending to the 
House and Senate Committees on Appropriations 180 
days after the date of the enactment of this Act on pos-
sible operational reforms that could be instituted by the 
Corporation: Provided further, That not later than 120 
days after enactment of this Act, the Corporation shall 
VerDate Nov 24 2008 
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