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penses as the Secretary may determine: Provided further, 
That notwithstanding any other provision of law, excluding 
fees authorized in Public Law 107–71, there may be cred-
ited to this appropriation up to $2,500,000 in funds re-
ceived in user fees: Provided further, That none of the funds 
provided in this Act shall be available for the position of 
Assistant Secretary for Public Affairs. 
NATIONAL INFRASTRUCTURE INVESTMENTS 
For capital investments in surface transportation in-
frastructure, $1,100,000,000, to remain available through 
September 30, 2012: Provided, That the Secretary of Trans-
portation shall distribute funds provided under this heading 
as discretionary grants to be awarded to a State, local gov-
ernment, transit agency, or a collaboration among such en-
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-
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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 
$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 
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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. 
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-
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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-
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 
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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. 
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 
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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 
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-
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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. 
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 
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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 
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 
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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 
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 
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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 
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 
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