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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-
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 
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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-
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, 
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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-
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 
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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-
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 
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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 
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-
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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 
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 
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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. 
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 
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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. 
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-
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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-
pended to pay for such costs: Provided further, That such 
amounts are in addition to administrative expenses that 
are also available for such purpose, and are not subject to 
any obligation limitation or the limitation on administra-
tive expenses under section 608 of title 23, United States 
Code. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United 
States Code, that are attributable to Federal-aid highways, 
not otherwise 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 available in 
and derived from the Highway Trust Fund (other than the 
Mass Transit Account), to remain available until expended. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. (a) For fiscal year 2009, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
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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 date before the date of enactment of the Safe, 
Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users); the highway use tax 
evasion program; and the Bureau of Transportation 
Statistics; 
(2) not distribute an amount from the obligation 
limitation for Federal-aid highways that is equal to 
the unobligated balance of amounts made available 
from the Highway Trust Fund (other than the Mass 
Transit Account) for Federal-aid highways and high-
way 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 dis-
tributed under paragraphs (1) and (2), bears to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and high-
way safety construction programs (other than 
sums authorized to be appropriated for provi-
sions of law described in paragraphs (1) through 
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(9) of subsection (b) and sums authorized 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 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, Accountable, Flexi-
ble, 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, Accountable, 
Flexible, Efficient Transportation Equity Act: A Leg-
acy 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 obligation author-
ity available for each of such sections is equal to the 
amount determined by multiplying the ratio deter-
mined 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; 
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those fiscal years; (9) for Federal-aid highway programs for 
which obligation authority was made available under the 
Transportation Equity Act for the 21st Century or subse-
quent public laws for multiple years or to remain available 
until used, but only to the extent that the obligation author-
ity 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, Flexi-
ble, 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 obligations 
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 pri-
ority 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 obligation 
limitation shall apply to transportation research programs 
carried out under chapter 5 of title 23, United States Code, 
and title V (research title) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, 
except that obligation authority made available for such 
programs under such limitation shall remain available for 
a period of 3 fiscal years and shall be in addition to the 
amount of any limitation imposed on obligations for Fed-
eral-aid highway and highway safety construction pro-
grams 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 al-
located 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 fis-
cal 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.—Obliga-
tion 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), ob-
ligation 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 au-
thority 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 Transportation Eq-
uity 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 Bu-
reau for such expenses: Provided, That such funds shall be 
subject to the obligation limitation for Federal-aid high-
ways and highway safety construction. 
SEC. 122. There is hereby appropriated to the Sec-
retary of Transportation $165,000,000 for surface transpor-
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tation priorities: Provided, That the amount provided by 
this section shall be made available for the programs, 
projects and activities identified under this section in the 
committee report accompanying this Act: Provided further, 
That funds provided by this section, at the request of a 
State, shall be transferred by the Secretary to another Fed-
eral agency: Provided further, That the Federal share pay-
able on account of any program, project, or activity carried 
out with funds set aside by this section shall be 100 percent: 
Provided further, That the sums set aside by this section 
shall remain available until expended: Provided further, 
That none of the funds set aside by this section shall be 
subject to any limitation on obligations for Federal-aid 
highways and highway safety construction programs set 
forth in this Act or any other Act. 
SEC. 123. There is hereby appropriated to the Sec-
retary of Transportation $1,400,000,000, to remain avail-
able through September 30, 2012: Provided, That of the 
funds provided under this section, $500,000,000 shall be 
made available to pay subsidy and administrative costs 
under chapter 6 of title 23, United States Code: Provided 
further, That after making the set-aside required under the 
preceding proviso, the funds provided under this section 
shall be apportioned to the States in the same ratio as the 
obligation limitation for fiscal year 2010 is distributed 
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