Omnibus Appropriations Act, 2009/Division I/Title I

TITLE I — Department of Transportation

Office of the Secretary

salaries and expenses

For necessary expenses of the Office of the Secretary, $98,248,000, of which not to exceed $2,400,000 shall be available for the immediate Office of the Secretary; not to exceed $759,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,838,000 shall be available for the Office of the General Counsel; not to exceed $10,107,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $10,200,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,400,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $26,000,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,020,000 shall be available for the Office of Public Affairs; not to exceed $1,595,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,369,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $8,675,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed $12,885,000 shall be available for the Office of the Chief Information Officer:

Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary:

Provided further, That no appropriation for any office shall be increased 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 approval to the House and Senate Committees on Appropriations:

Provided further, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses 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 credited to this appropriation up to $2,500,000 in funds received 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:

Provided further, That of the funds provided under this heading, $100,000 shall be provided through reimbursement to the Department of Transportation's Office of Inspector General to audit the Working Capital Fund's financial statements.

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 remain available until expended.

Office of Civil Rights

For necessary expenses of the Office of Civil Rights, $9,384,000.

Transportation Planning, Research, and Development

For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $18,300,000.

Working Capital Fund

Necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $128,094,000, 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:

Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities:

Provided further, 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 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 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 Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, $559,000.

Minority Business Outreach

For necessary expenses of Minority Business Resource Center outreach activities, $3,056,000, to remain available until September 30, 2010:

Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities 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, $73,013,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended:

Provided, That, in determining between 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 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.

Compensation for Air Carriers

(rescission)

Of the amounts made available under this heading, all unobligated balances as of the date of enactment of this Act are hereby permanently rescinded.

Administrative Provisions—Office of the Secretary of Transportation

Sec. 101.

The Secretary of Transportation is authorized 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, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed 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 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 Administration, not otherwise provided for, including operations 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 to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108-176, $9,042,467,000, of which $5,238,005,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $7,099,019,000 shall be available for air traffic organization activities; not to exceed $1,164,597,000 shall be available for aviation safety activities; not to exceed $14,094,000 shall be available for commercial space transportation activities; not to exceed $111,004,000 shall be available for financial services activities; not to exceed $96,091,000 shall be available for human resources program activities; not to exceed $331,000,000 shall be available for region and center operations and regional coordination activities; not to exceed $180,859,000 shall be available for staff offices; and not to exceed $46,500,000 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 transfer in excess of 2 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section:

Provided further, That the Secretary utilize not less than $10,000,000 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 not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation 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:

Provided 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:

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 regulation that would promulgate new aviation user fees not specifically 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 $9,000,000 shall be for the contract tower cost-sharing program:

Provided further, That none of the funds in this Act shall be available 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 corresponding to such premium pay:

Provided further, That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund:

Provided further, That none of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.

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 air navigation and experimental facilities and equipment, 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 acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed 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, $2,742,095,000, of which $2,281,595,000 shall remain available until September 30, 2011, and of which $460,500,000 shall remain available until September 30, 2009:

Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities:

Provided further, That upon initial submission to the Congress of the fiscal year 2010 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2010 through 2014, 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:

Provided further, That the Secretary of Transportation shall conduct an analysis that compares the current status of air traffic management and the national airspace system to the planned architecture of the ``next generation´´ air transportation system:

Provided further, That upon initial submission to the Congress of the fiscal year 2010 President's budget, the Secretary of Transportation shall transmit to the Congress an interim architecture for the ``next generation´´ air transportation system that establishes a list of priority capabilities to be achieved by 2017 and provides an estimated cost for each of those priorities.

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, $171,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2011:

Provided, That there may be credited to this appropriation 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.

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 compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing 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 safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,600,000,000 to be derived from the Airport and Airway Trust Fund and to remain available until expended:

Provided, That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,514,500,000 in fiscal year 2009, notwithstanding section 47117(g) of title 49, United States Code:

Provided further, That none of the funds under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal 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 $87,454,000 shall be obligated for administration, not less than $15,000,000 shall be available for the airport cooperative research program, not less than $19,348,000 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 Program.

(rescission)

Of the amounts authorized under sections 48103 and 48112 of title 49, United States Code, $80,000,000 are permanently rescinded from amounts authorized for the fiscal year ending September 30, 2009.

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 contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2009.

Sec. 111.

None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration 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 prohibition of funds in this section does not apply to negotiations 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 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 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 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.

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. 115.

(a) No funds provided in this Act may be used by the Secretary of Transportation to promulgate regulations or take any action regarding the scheduling of airline operations at any commercial airport in the United States if such regulation or action involves:

(1) the auctioning by the Secretary or the FAA Administrator of rights or permission to conduct airline operations at such an airport,

(2) the implementation by said Secretary or Administrator of peak-period or other forms of congestion pricing at such an airport,

(3) either:

(A) withdrawal by the Secretary or Administrator of a right or permission to conduct operations at such an airport (except when the withdrawal is for operational reasons or pursuant to the terms or conditions of such operating right or permission), or

(B) requiring a carrier to transfer involuntarily any such right or permission to another person,

(4) the charging by the Secretary or Administrator of a fee for the right or permission to use navigable airspace at such an airport, or

(5) requiring or providing incentives or disincentives to airport proprietors to take such actions themselves.

(b) Nothing in this section shall be construed to:

(1) prohibit the Secretary or the Administrator from imposing per-operation limitations on airports for the purpose of alleviating congestion at such airports,

(2) prohibit individual airports from implementing peak-period or other congestion pricing at such airports, consistent with regulations pertaining to airport rates and charges, or

(3) limit the ability of a State, political subdivision of a State, or political authority of at least two States that owns or operates a commercial airport from carrying out its proprietary powers and rights.

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 airport 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. 117.

Within 60 days of the publication date of any Government Accountability Office report reviewing the Federal Aviation Administration's project to redesign the airspace over the New York, New Jersey, and Philadelphia region, the Administrator of the Federal Aviation Administration shall report in writing to the Committee on Appropriations and the Committee on Commerce, Science, and Transportation, on actions the agency intends to take in order to address any concerns and recommendations identified in the Government Accountability Office report.

Sec. 118.

The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) an amount equal to the minimum 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 $390,000,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration for necessary expenses for administration and operation. In addition, not to exceed $3,524,000 shall be paid from appropriations made available by this Act and transferred to the Department of Transportation's Office of Inspector General for costs associated with audits and investigations of projects and programs of the Federal Highway Administration, and not to exceed $300,000 shall be paid from appropriations made available by this Act and provided to that office through reimbursement to conduct the annual audits of financial statements in accordance with section 3521 of title 31, United States Code. In addition, not to exceed $3,124,000 shall be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission 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 obligations for which are in excess of $40,700,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2009:

Provided, That within the $40,700,000,000 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 2009:

Provided further, That this limitation 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, including counsel, in the field of municipal and project finance 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 expended 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 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 highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308, $41,439,000,000 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.

(rescission)

(highway trust fund)

Of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code, $3,150,000,000 are permanently rescinded:

Provided, That such rescission shall not apply to the funds distributed in accordance with sections 130(f) and 104(b)(5) of title 23, United States Code; sections 133(d)(1) and 163 of such title, as in effect on the day before the date of enactment of Public Law 109-59; and the first sentence of section 133(d)(3)(A) of such title:

Provided further, That notwithstanding section 1132 of Public Law 110-140, in administering the rescission required under this heading, the Secretary of Transportation shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.

Appalachian Development Highway System

For necessary expenses for West Virginia corridor H of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240, as amended, $9,500,000, to remain available until expended.

Denali Access System Program

For necessary expenses for the Denali Access System Program as authorized under section 1960 of Public Law 109-59, $5,700,000, to remain available until expended.

Administrative Provisions—Federal Highway Administration

(including rescissions)

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 administrative 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 Equity 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 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 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, 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, Accountable, 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 obligation 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 (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the Secretary under the Safe, Accountable, Flexible, Efficient 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 safety 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 development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code, in the ratio that—

(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 apportioned 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 subsections (b) and (j) of section 131 of the Surface Transportation 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 Transportation 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 authority was made available under the Transportation Equity 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 2009; 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 obligations at the time at which the funds were initially made available for obligation.

(c) Redistribution of Unused Obligation Authority.—

Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year, revise a distribution of the obligation limitation made available under subsection (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.

(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 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 programs; 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 imposition 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 described in section 133(b) of title 23, United States Code.

(f) Special Limitation Characteristics.—

Obligation limitation distributed for a fiscal year under subsection (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 limitation 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 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 distribution 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 Equity Act: A Legacy for Users.

Sec. 121.

Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant 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.

Sec. 122.

In addition to amounts provided in this or any other Act for fiscal year 2009, $143,031,303, to be derived from the Highway Trust Fund (other than the Mass Transit Account), shall be available for the Transportation, Community, and System Preservation Program under section 1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179):

Provided, That all funds made available under 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:

Provided further, That such funds shall be administered in accordance with section 1117(g)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

Sec. 123.

Of the amounts made available under section 104(a) of title 23, United States Code, $33,401,492 are permanently rescinded.

Sec. 124.

Of the unobligated balances of funds made available in fiscal year 2005 and prior fiscal years for the implementation or execution of programs for transportation research, training and education, and technology deployment including intelligent transportation systems, $11,756,527 are permanently rescinded.

Sec. 125.

There is hereby appropriated to the Secretary of Transportation $161,326,625 for surface transportation 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 explanatory statement 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 Federal agency:

Provided further, That the Federal share payable 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. 126.

Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under the Buy America requirements.

Sec. 127.

Notwithstanding any other provision of law, funds made available in Public Law 110-161 for ``Bridge over Broadway, Missoula to Rattlesnake National Recreation Area, MT´´ shall be available for a new pedestrian and bicycle-friendly at-grade crossing of East Broadway Street in Missoula, Montana.

Sec. 128.

(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 provided under title 23, United States Code; and

(3) is in actual operation as of the date of enactment 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 segment, 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 purposes of determining whether a highway will have fewer non-toll lanes than prior to the date of imposition of the toll, if—

(A) high-occupancy vehicles occupied by the number of passengers specified by the entity 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 county, town, municipal or other local government entity, or public toll road or transit authority.

Sec. 129.

(a) In the explanatory statement referenced in section 129 of division K of Public Law 110-161 (121 Stat. 2388), the item relating to ``Route 116 and Bay Road Intersection and Road Improvements, Amherst, MA´´ in the table of projects for such section 129 is deemed to be amended by inserting ``, including Bike, Pedestrian, or Other Off Road Paths´´ after ``Improvements´´.

(b) In the explanatory statement referenced in section 129 of division K of Public Law 110-161 (121 Stat. 2388), the item relating to ``Highway 77 Rail Grade Separation, Marion, AR´´, in the table of projects for such section 129 is deemed to be amended by striking ``Highway 77 Rail Grade Separation, Marion, AR´´ and inserting ``BNSF main line overpass within the Marion, Arkansas, planning jurisdiction´´.

(c) In the explanatory statement referenced in section 186 of division K of Public Law 110-161 (121 Stat. 2406), in the table of projects under the heading ``Federal Highway Administration—Federal-Aid Highways (Limitation on Obligations)—Federal Lands´´ in division K of such explanatory statement, the item relating to ``U.S. Forest Highway 4, Winston County, Alabama´´ is deemed to be amended by striking ``Highway 4´´ and inserting ``Highway 9´´.

(d) In the explanatory statement referenced in section 186 of division K of Public Law 110-161 (121 Stat. 2406), the item relating to ``Street Improvements in Burnham, IL´´ in the table of projects under the heading ``Transportation, Community and System Preservation Program´´ is deemed to be amended by striking ``Street Improvements in Burnham, IL´´ and inserting ``Repair of Side Streets and Relocation of Water Mains resulting from rerouting of traffic and reconstruction of 159th Street in Harvey, IL´´.

(e) In the explanatory statement referenced in section 186 of division K of Public Law 110-161 (121 Stat. 2406), the item relating to ``Street Improvements in Thornton, IL´´ in the table of projects under the heading ``Transportation, Community and System Preservation Program´´ is deemed to be amended by striking ``Street Improvements in Thornton, IL´´ and inserting ``Engineering, Right-of-Way, and Construction of Joe Orr Road Extension and Main Street Project in Lynwood, IL´´.

(f) Funds made available from the amount appropriated under the heading ``Federal Highway Administration—Highway Demonstration Projects´´ of title I of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102-143) for the Miller Highway from 59th Street to 72nd Street, west side of Manhattan, New York, and from the amount appropriated under the heading ``Federal Highway Administration—Highway Projects´´ of title I of the Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law 102-388) for design improvements on Miller Highway, New York City, New York, shall be made available for the project specified in item 4599 of section 1702 of SAFETEA-LU (Public Law 109-59), as amended by the SAFETEA-LU Technical Corrections Act of 2008 (Public Law 110-244).

Sec. 130.

Notwithstanding any other provision of law, any unexpended amounts available for obligation for item number 48 under section 1106(b) of Public Law 102-240 (105 Stat. 2046) for the Southern State Parkway Improvement project shall be available for obligation and expenditure on the I-90 connector, Rensselaer County, New York, including reimbursement for expenses incurred on such connector prior to the date of enactment of this section.

Sec. 131.

(a) The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended by striking the project description for item number 189 and inserting the following: ``Planning, design, engineering, environmental analysis, acquisition of rights-of-way, and construction for the Long Valley Bypass´´.

(b) The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended by striking the project description for item number 3546 and inserting the following: ``Port of Coos Bay to acquire and repair the Coos Bay Line´´.

Federal Motor Carrier Safety Administration

motor carrier safety operations and programs

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

(including rescission)

For payment of obligations incurred for administration of motor carrier safety operations and programs pursuant to section 31104(i) of title 49, United States Code, and sections 4127 and 4134 of Public Law 109-59, $234,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended:

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 $234,000,000, for ``Motor Carrier Safety Operations and Programs´´, of which $8,500,000, to remain available for obligation until September 30, 2011, is for the research and technology program and $1,000,000 shall be available for commercial motor vehicle operator's grants to carry out section 4134 of Public Law 109-59:

Provided further, That notwithstanding any other provision of law, none of the funds under this heading for outreach and education shall be available for transfer:

Provided further, That the Federal Motor Carrier Safety Administration shall transmit to Congress a report on March 30, 2009 and September 30, 2009 on the agency's ability to meet its requirement to conduct compliance reviews on high-risk carriers:

Provided further, That $4,839,259 in unobligated balances are permanently rescinded.

motor carrier safety grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

(including rescission)

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, $307,000,000, 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 obligations for which are in excess of $307,000,000, for ``Motor Carrier Safety Grants´´; of which $209,000,000 shall be available for the motor carrier 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 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 commercial vehicle information systems and networks deployment 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 modernization 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 program, $29,000,000 shall be available for audits of new entrant motor carriers:

Provided further, That $6,502,558 in unobligated balances are permanently rescinded.

Motor Carrier Safety

(highway trust fund)

(rescission)

Of the amounts made available under this heading in prior appropriations Acts, $2,231,259 in unobligated balances are permanently rescinded.

National Motor Carrier Safety Program

(highway trust fund)

(rescission)

Of the amounts made available under this heading in prior appropriations Acts, $19,571,910 in unobligated balances are permanently rescinded.

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 Committees annually on the safety and security of transportation into the United States by Mexico-domiciled motor carriers.

Sec. 136.

None of the funds appropriated or otherwise made available under this Act may be used, directly or indirectly, to establish, implement, continue, promote, or in any way permit a cross-border motor carrier demonstration program to allow Mexican-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico, including continuing, in whole or in part, any such program that was initiated prior to the date of the enactment of this Act.

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, $127,000,000, of which $31,670,000 shall remain available until September 30, 2010:

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 requirement 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, $105,500,000 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 planning or execution of programs the total obligations for which, in fiscal year 2009, are in excess of $105,500,000 for programs authorized under 23 U.S.C. 403:

Provided further, That within the $105,500,000 obligation limitation for operations and research, $26,908,000 shall remain available until September 30, 2010 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 2009, are in excess of $4,000,000 for the National Driver Register authorized under such chapter.

highway traffic safety grants

(liquidation of contract authorization)

(llimitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, to remain available until expended, $619,500,000 to be derived 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 planning or execution of programs the total obligations for which, in fiscal year 2009, are in excess of $619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of which $235,000,000 shall be for ``Highway Safety Programs´´ under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection Incentive Grants´´ under 23 U.S.C. 405; $124,500,000 shall be for ``Safety Belt Performance Grants´´ under 23 U.S.C. 406, and such obligation limitation shall remain available until September 30, 2010 in accordance with subsection (f) of such section 406 and shall be in addition to the amount of any limitation imposed on obligations for such grants for future fiscal years; $34,500,000 shall be for ``State Traffic Safety Information System Improvements´´ under 23 U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures Incentive Grant Program´´ under 23 U.S.C. 410; $18,500,000 shall be for ``Administrative Expenses´´ under section 2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High Visibility Enforcement Program´´ under section 2009 of Public Law 109-59; $7,000,000 shall be for ``Motorcyclist Safety´´ under section 2010 of Public Law 109-59; and $7,000,000 shall be for ``Child Safety and Child Booster Seat Safety Incentive Grants´´ under section 2011 of Public Law 109-59:

Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures:

Provided further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-Impaired Driving Countermeasures Grants´´ shall be available for technical assistance to the States:

Provided further, That not to exceed $750,000 of the funds made available for the ``High Visibility Enforcement Program´´ shall be available for the evaluation required under section 2009(f) of Public Law 109-59.

administrative provisions—national highway traffic safety administration

(including rescissions)

Sec. 140.

Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of title 23, United States Code, an additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff.

Sec. 141.

Of the amounts made available under the heading ``Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)´´ in prior appropriations Acts, $10,900,000 in unobligated balances are permanently rescinded.

Sec. 142.

Of the amounts made available under the heading ``National Driver Register (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)´´ in prior appropriations Acts, $544,000 in unobligated balances are permanently rescinded.

Sec. 143.

Of the amounts made available under the heading ``Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)´´ in prior appropriations Acts, $60,200,000 in unobligated balances are permanently rescinded.

Federal Railroad Administration

Safety and Operations

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $159,445,000, of which $12,268,890 shall remain available until expended.

railroad research and development

For necessary expenses for railroad research and development, $33,950,000, to remain available until expended.

capital assistance to states—intercity

passenger rail service

To enable the Federal Railroad Administrator to make grants to States for the capital costs of improving existing intercity passenger rail service and providing new intercity passenger rail service, $90,000,000, to remain available until expended:

Provided, That grants shall be provided to a State only on a reimbursable basis:

Provided further, That grants cover no more than 50 percent of the total capital cost of a project selected for funding:

Provided further, That no more than 10 percent of funds made available under this program may be used for planning activities that lead directly to the development of a passenger rail corridor investment plan consistent with the requirements established by the Administrator:

Provided further, That no later than eight months following enactment of this Act, the Secretary shall establish and publish criteria for project selection, set a deadline for grant applications, and provide a schedule for project selection:

Provided further, That to be eligible for this assistance, States must include intercity passenger rail service as an integral part of statewide transportation planning as required under section 135 of title 23, United States Code:

Provided further, That to be eligible for capital assistance the specific project must be on the Statewide Transportation Improvement Plan at the time of the application to qualify:

Provided further, That the Secretary give priority to capital and planning applications for projects that improve the safety and reliability of intercity passenger trains, involve a commitment by freight railroads to an enforceable on-time performance of passenger trains of 80 percent or greater, involve a commitment by freight railroads of financial resources commensurate with the benefit expected to their operations, improve or extend service on a route that requires little or no Federal assistance for its operations, and involve a commitment by States or railroads of financial resources to improve the safety of highway/rail grade crossings over which the passenger service operates:

Provided further, That the Administrator is directed to report to the Committees on Appropriations not later than 180 days upon enactment of this Act detailing the recipients and outcomes of grants issued pursuant to Public Law 110-116, under this heading, the Capital Assistance to States Program, any and all usage and performance fees paid to a freight railroad for access to the right of way:

Provided further, That the Administrator may retain up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading.

Railroad Rehabilitation and Improvement Financing Program

The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding:

Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2009.

Rail Line Relocation and Improvement Program

For necessary expenses of carrying out section 20154 of title 49, United States Code, as authorized by section 9002 of Public Law 109-59, $25,000,000, to remain available until expended.

Operating Grants to the National Railroad Passenger Corporation

To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation for operation of intercity passenger rail, $550,000,000, to remain available until expended:

Provided, That the Secretary shall withhold such sums as shall be necessary for the costs associated with the second retroactive wage payment to Amtrak employees and shall transmit such funding to the corporation for the sole and exclusive purpose of making such payments only at such time as said payments are due:

Provided further, That such remaining amounts available under this paragraph shall be available for the Secretary to approve funding to cover operating losses for the Corporation only after receiving and reviewing a grant request for each specific train route:

Provided further, That each such grant request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal support to the Secretary's satisfaction:

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 Appropriations beginning 3 months after the date of the enactment of this Act and quarterly thereafter with estimates of the savings accrued as a result of all operational reforms instituted by the Corporation:

Provided further, That not later than 120 days after enactment of this Act, the Corporation shall transmit to the House and Senate Committees on Appropriations the status of its plan to improve the financial performance of food and beverage service and its plan to improve the financial performance of first class service (including sleeping car service):

Provided further, That the Corporation shall report quarterly to the House and Senate Committees on Appropriations on its progress against the milestones and target dates contained in the plan provided in fiscal year 2008 and quantify savings realized to date on a monthly basis compared to those projected in the plan, identify any changes in the plan or delays in implementing these plans, and identify the causes of delay and proposed corrective measures:

Provided further, That not later than 90 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary, the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation a comprehensive business plan approved by the Board of Directors for fiscal year 2009 under section 24104(a) of title 49, United States Code:

Provided further, That the business plan shall include, as applicable, targets for ridership, revenues, and capital and operating expenses:

Provided further, That the plan shall also include a separate accounting of such targets for the Northeast Corridor; commuter service; long-distance Amtrak service; State-supported service; each intercity train route, including Autotrain; and commercial activities including contract operations:

Provided further, That the business plan shall include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by this business plan:

Provided further, That the Corporation shall continue to provide monthly reports in electronic format regarding the pending business plan, which shall describe the work completed to date, any changes to the business plan, and the reasons for such changes, and shall identify all sole source contract awards which shall be accompanied by a justification as to why said contract was awarded on a sole source basis:

Provided further, That the Corporation's business plan and all subsequent supplemental plans shall be displayed on the Corporation's website within a reasonable timeframe following their submission to the appropriate entities:

Provided further, That none of the funds under this heading may be obligated or expended until the Corporation agrees to continue abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the direct loan agreement of June 28, 2002, in the same manner as in effect on the date of enactment of this Act:

Provided further, That none of the funds provided in this Act may be used after March 1, 2006, to support any route on which Amtrak offers a discounted fare of more than 50 percent off the normal, peak fare:

Provided further, That the preceding proviso does not apply to routes where the operating loss as a result of the discount is covered by a State and the State participates in the setting of fares:

Provided further, That of the amounts made available under this heading not less than $18,500,000 shall be available for the Amtrak Office of Inspector General.

Capital and Debt Service Grants to the National Railroad Passenger Corporation

To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation for the maintenance and repair of capital infrastructure owned by the Corporation, including railroad equipment, rolling stock, legal mandates and other services, $940,000,000, to remain available until expended, of which not to exceed $285,000,000 shall be for debt service obligations:

Provided, That the Secretary may retain up to one-quarter of 1 percent of the funds under this heading to fund the oversight by the Federal Railroad Administration of the design and implementation of capital projects funded by grants made under this heading:

Provided further, That the Secretary shall approve funding for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a grant request for each specific capital grant justifying the Federal support to the Secretary's satisfaction:

Provided further, That none of the funds under this heading may be used to subsidize operating losses of the Corporation:

Provided further, That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or on the Corporation's fiscal year 2009 business plan:

Provided further, That, the business plan shall be accompanied by a comprehensive fleet plan for all Amtrak rolling stock which shall address the Corporation's detailed plans and timeframes for the maintenance, refurbishment, replacement and expansion of the Amtrak fleet:

Provided further, That said fleet plan shall establish year-specific goals and milestones and discuss potential, current, and preferred financing options for all such activities.

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

(RESCISSION)

Of the amounts made available under this heading in Public Laws 109-115 and 110-5, all unobligated balances as of the date of enactment of this provision are hereby rescinded.

Administrative Provisions—Federal Railroad Administration

Sec. 151.

The Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish the purposes of 49 U.S.C. 20134:

Provided, That the Secretary shall prescribe guidelines for the administration of such purchases and use.

Sec. 152.

Hereafter, notwithstanding any other provision of law, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word ``services´´ shall mean any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.

Sec. 153.

The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.

Sec. 154.

The Federal Railroad Administrator shall submit a quarterly report on April 1, 2009, and quarterly reports thereafter, to the House and Senate Committees on Appropriations detailing the Administrator's efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property. Such reports shall compare the most recent actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service, identified by route. Such reports shall also include whatever other information and data regarding the on-time performance of Amtrak trains the Administrator deems to be appropriate. The amounts made available in this title under the heading ``Office of the Secretary, Salaries and Expenses´´ shall be reduced $100,000 for each day after the first day of each quarter that the quarterly reports required by this section are not submitted to the Congress.

Federal Transit Administration

Administrative Expenses

(including transfer of funds)

For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $94,413,000:

Provided, That of the funds available under this heading, not to exceed $1,800,000 shall be available for travel and not to exceed $23,322,000 shall be available for the central account:

Provided further, That any funding transferred from the central account shall be submitted for approval to the House and Senate Committees on Appropriations:

Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading:

Provided further, That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $2,000,000 shall be transferred to the Department of Transportation's Office of Inspector General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems:

Provided further, That upon submission to the Congress of the fiscal year 2010 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2010.

Formula and Bus Grants

(liquidation of contract authority)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as amended, $8,670,000,000 to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended:

Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as amended, shall not exceed total obligations of $8,260,565,000 in fiscal year 2009.

Research and University Research Centers

For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322, and 5506, $67,000,000, to remain available until expended:

Provided, That $10,000,000 is available to carry out the transit cooperative research program under section 5313 of title 49, United States Code, $4,300,000 is available for the National Transit Institute under section 5315 of title 49, United States Code, and $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code:

Provided further, That $45,700,000 is available to carry out national research programs under sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

Capital Investment Grants

For necessary expenses to carry out section 5309 of title 49, United States Code, $1,809,250,000, to remain available until expended, of which no less than $200,000,000 is for section 5309(e) of such title:

Provided, That of the funds available under this heading, amounts are to be made available as follows:

AC Transit BRT Corridor, California, $4,000,000.

Bellevue-Redmond BRT, King County, Washington, $10,952,330.

BRT, Potomac Yard-Crystal City, City of Alexandria and Arlington County, Virginia, $1,000,000.

BRT, State Avenue Corridor, Wyandotte County, Kansas, $1,500,000.

Central Corridor Light Rail Transit Project, Minnesota, $20,000,000.

Central Florida Commuter Rail, Florida, $13,000,000.

Central Link Initial Segment, Seattle, Washington, $25,962,062.

Central Phoenix/East Valley Light Rail, Arizona, $91,800,000.

Charlotte Rapid Transit Extension, North Carolina, $20,500,000.

Commuter Rail Improvements, Fitchburg, Massachusetts, $30,000,000.

Commuter Rail Study—Phoenix to Tucson, Arizona, $3,500,000.

CTA Brown Line (Ravenswood), Illinois, $30,474,404.

CTA Circle Line, Illinois, $6,000,000.

Dallas Area Rapid Transit Northwest/Southeast Light Rail MOS, Texas, $87,974,716.

Downtown Orlando East-West Circulator System, Florida, $8,000,000.

Dulles Corridor Metrorail, Virginia, $29,100,000.

Honolulu High Capacity Transit Corridor Project, Hawaii, $20,000,000.

Houston Metropolitan Transit Authority Advanced Transit Program/METRO Solutions Phase 2, Texas, $15,000,000.

Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.

I-69 HOV/BRT, Mississippi, $7,650,000.

Improvements to the Rosslyn Metro Station, Virginia, $2,000,000.

JTA BRT System, Jacksonville, Florida, $1,280,000.

Largo Metrorail Extension, District of Columbia/Maryland, $34,700,000.

Livermore-Amador BRT, Livermore, California, $7,990,000.

Long Island Rail Road East Side Access, New York, $209,623,898.

Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.

MARC Capacity Improvements, Maryland, $13,000,000.

Metra, Illinois, $24,000,000.

Metro Gold Line Eastside Extension, Los Angeles, California, $81,600,000.

Metrorail Orange Line Extension Project, Florida, $20,000,000.

Metro Rapid Bus System Gap Closure, Los Angeles, California, $332,620.

Mid-City Rapid, San Diego, California, $19,485,000.

Mid Jordan Light Rail Extension, Utah, $20,000,000.

Mountain Links BRT, Flagstaff, Arizona, $5,614,200.

Norfolk LRT, Virginia, $53,592,108.

North Shore LRT Connector, Pennsylvania, $670,885.

Northern Indiana Commuter Transit District, Indiana, $5,000,000.

Northstar Corridor Rail, Minnesota, $71,166,060.

Pacific Highway South BRT, King County, Washington, $281,520.

Perris Valley Line, Riverside, California, $45,000,000.

Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.

San Francisco Muni Third Street Light Rail—Central Subway Project, California, $10,000,000.

Second Avenue Subway Phase 1, New York, $277,697,000.

South Corridor BRT, Kent County, Michigan, $600,000.

South Corridor I-205/Portland Mall LRT, Oregon, $81,600,000.

South County Commuter Rail, Wickford Junction Station, Rhode Island, $1,345,500.

South Sacramento Light Rail Extension, California, $7,000,000.

Southeast Corridor, LRT, Colorado, $1,031,210.

Stamford Urban Transitway, Connecticut, $3,650,000.

Streetcar Loop, Portland, Oregon, $45,000,000.

Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.

Troost Corridor BRT, Kansas City, Missouri, $125,200.

Tucson Modern Streetcar/Light Rail Transit System, Tucson, Arizona, $2,000,000.

University Link LRT Extension, Washington, $100,000,000.

Van Ness BRT Project, San Francisco, California, $400,000.

VRE Rolling Stock, Virginia, $5,000,000.

Weber County to Salt Lake City Commuter Rail, Utah, $81,600,000.

West Corridor LRT, Colorado, $60,000,000.

Wilshire Boulevard Bus-Only Lane, Los Angeles, California, $9,857,097.

Administrative Provisions—Federal Transit Administration

(including rescissions)

Sec. 160.

The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.

Sec. 161.

Notwithstanding any other provision of law, funds appropriated or limited by this Act under the Federal Transit Administration, Capital Investment Grants account and for bus and bus facilities under the Federal Transit Administration, Formula and Bus Grants account for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2011, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.

Sec. 162.

Notwithstanding any other provision of law, any funds appropriated before October 1, 2008, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section.

Sec. 163.

Notwithstanding any other provision of law, unobligated funds made available for new fixed guideway system projects under the heading ``Federal Transit Administration, Capital investment grants´´ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects.

Sec. 164.

During fiscal year 2009, each Federal Transit Administration grant for a project that involves the acquisition or rehabilitation of a bus to be used in public transportation shall be funded for 90 percent of the net capital costs of a biodiesel bus or a factory-installed or retrofitted hybrid electric propulsion system and any equipment related to such a system:

Provided, That the Secretary shall have the discretion to determine, through practicable administrative procedures, the costs attributable to the system and related-equipment.

Sec. 165.

Notwithstanding any other provision of law, in regard to the Central Link Initial Segment Project, to the extent that Federal funds remain available within the current budget for the project, the Secretary shall, immediately upon the date of enactment of this Act, amend the Full Funding Grant Agreement for said project to allow remaining Federal funds to be used to support completion of the Airport Link extension of said project.

Sec. 166.

Any unexpended funds in Federal Transit Administration grant numbers KS-03-0018 and KS-03-0032 shall be made available, at the request of the State, for a bus rapid transit project and related capital purchases and facility improvements, in Johnson County, Kansas City, KS under the terms and conditions required to carry out section 5309(b)(3) of title 49, United States Code to the extent applicable.

Sec. 167.

Of the balances available for this fiscal year to carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary of Transportation, $100,000,000 are permanently rescinded.

Sec. 168.

None of the funds provided or limited under this Act may be used to issue a final regulation under section 5309 of title 49, United States Code, except that the Federal Transit Administration may continue to review comments received on the proposed rule (Docket No. FTA-2006-25737).

Sec. 169.

Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities:

Provided, That not more than $4,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies.

Sec. 170.

Notwithstanding any other provision of law, unobligated funds or recoveries under section 5309 of title 49, United States Code, that are available to the Secretary of Transportation for reallocation shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.

Sec. 171.

Notwithstanding any other provision of law, the $2,695,000 appropriated for the Charlotte Rapid Transit Extension—Northeast Corridor Light Rail Project, North Carolina under the Alternatives Analysis Account in division K of the Consolidated Appropriations Act, 2008 (Public Law 110-161) shall be used for the Charlotte Rapid Transit Extension—Northeast Corridor to carry out new fixed guideway or extension to existing fixed guideway activities described in section 5309 of title 49, United States Code.

Saint Lawrence Seaway Development Corporation

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.

operations and maintenance

(harbor maintenance trust fund)

For necessary expenses for operations, maintenance, and capital asset renewal of those portions of the Saint Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $31,842,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.

Maritime Administration

Maritime Security Program

For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $174,000,000, to remain available until expended.

Operations and Training

For necessary expenses of operations and training activities authorized by law, $123,360,000, of which $10,500,000 shall remain available until expended for maintenance and repair of Schoolships at State Maritime Schools, of which $8,150,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy, and of which $53,208,000 shall be available for operations at the United States Merchant Marine Academy:

Provided, That amounts apportioned for the United States Merchant Marine Academy shall be available only upon allotments made personally by the Secretary of Transportation and not a designee:

Provided further, That the Superintendent, Deputy Superintendent and the Director of the Office of Resource Management of the United States Merchant Marine Academy may not be allotment holders for the United States Merchant Marine Academy, and the Administrator of Maritime Administration shall hold all allotments made by the Secretary of Transportation under the previous proviso:

Provided further, That 50 percent of the funding made available for the United States Merchant Marine Academy under this heading shall be available only after the Secretary, in consultation with the Maritime Administration, completes a plan detailing by program or activity and by object class how such funding will be expended at the Academy, and this plan is submitted to the House and Senate Committees on Appropriations.

Ship Disposal

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $15,000,000, to remain available until expended.

Assistance to Small Shipyards

To make grants to qualified shipyards as authorized under section 3506 of Public Law 109-163 or section 54101 of title 46, United States Code, $17,500,000, to remain available until expended:

Provided, That to be considered for assistance, a qualified shipyard shall submit an application for assistance no later than 60 days after enactment of this Act:

Provided further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later than 120 days after enactment of this Act in such amounts as the Secretary determines:

Provided further, That not to exceed 2 percent of the funds appropriated under this heading shall be available for necessary costs of grant administration.

maritime guaranteed loan (title xi) program account

(including transfer of funds)

For administrative expenses to carry out the guaranteed loan program, not to exceed $3,531,000, which shall be transferred to and merged with the appropriation for ``Operations and Training´´, Maritime Administration.

Ship Construction

(rescission)

Of the unobligated balances available under this heading, $1,382,554 are rescinded.

Administrative Provisions—Maritime Administration

Sec. 175.

Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof:

Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.

Sec. 176.

No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriations Act.

Sec. 177.

Section 51509 of title 46, United States Code, is amended in subsection (b) by deleting ``$4,000´´ and inserting in lieu thereof ``$8,000´´ and by inserting ``tuition,´´ after ``uniforms,´´.

Pipeline and Hazardous Materials Safety Administration

Administrative Expenses

(pipeline safety fund)

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $19,130,000, of which $639,000 shall be derived from the Pipeline Safety Fund:

Provided, That $1,000,000 shall be transferred to ``Pipeline Safety´´ in order to fund ``Pipeline safety information grants to communities´´ as authorized in section 60130 of title 49, United States Code:

Provided further, That grants described under the previous proviso shall be awarded within 120 days of enactment of this Act.

hazardous materials safety

For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $32,000,000, of which $3,302,000 shall remain available until September 30, 2011:

Provided, That up to $800,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts:

Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.

Pipeline Safety

(pipeline safety fund)

(oil spill liability trust fund)

For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $93,291,000, of which $18,810,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2011; and of which $74,481,000 shall be derived from the Pipeline Safety Fund, of which $40,081,000 shall remain available until September 30, 2011:

Provided, That not less than $1,043,000 of the funds provided under this heading shall be for the one-call State grant program.

Emergency Preparedness Grants

(emergency preparedness fund)

For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2010:

Provided, That not more than $28,318,000 shall be made available for obligation in fiscal year 2009 from amounts made available by 49 U.S.C. 5116(i) and 5128(b)-(c):

Provided further, That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made available for obligation by individuals other than the Secretary of Transportation, or his or her designee.

Research and Innovative Technology Administration

Research and Development

For necessary expenses of the Research and Innovative Technology Administration, $12,900,000, of which $6,936,000 shall remain available until September 30, 2011:

Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training.

Office of Inspector General

Salaries and Expenses

For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $71,400,000:

Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department:

Provided further, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso.

Surface Transportation Board

Salaries and Expenses

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $26,847,000:

Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading:

Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2009, to result in a final appropriation from the general fund estimated at no more than $25,597,000.

General Provisions—Department of Transportation

Sec. 180.

During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902).

Sec. 181.

Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.

Sec. 182.

None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation:

Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.

Sec. 183.

None of the funds in this Act shall be used to implement section 404 of title 23, United States Code.

Sec. 184.

(a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision.

Sec. 185.

Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's ``Federal-Aid Highways´´ account, the Federal Transit Administration's ``Research and University Research Centers´´ account, and to the Federal Railroad Administration's ``Safety and Operations´´ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.

Sec. 186.

Funds provided or limited in this Act under the appropriate accounts within the Federal Highway Administration, the Federal Railroad Administration and the Federal Transit Administration shall be for the eligible programs, projects and activities in the corresponding amounts identified in the explanatory statement accompanying this Act for ``Ferry Boats and Ferry Terminal Facilities´´, ``Federal Lands´´, ``Interstate Maintenance Discretionary´´, ``Transportation, Community and System Preservation Program´´, ``Delta Region Transportation Development Program´´, ``Rail Line Relocation and Improvement Program´´, ``Rail-highway crossing hazard eliminations´´, ``Alternatives analysis´´, and ``Bus and bus facilities´´.

Sec. 187.

Notwithstanding any other provisions of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.

Sec. 188.

None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any grant from the Federal Railroad Administration; or (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs:

Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ``quick release´´ of funds from the emergency relief program:

Provided further, That no notification shall involve funds that are not available for obligation.

Sec. 189.

Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended.

Sec. 190.

Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, shall be available—

(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and

(2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002:

Provided, That amounts in excess of that required for paragraphs (1) and (2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; or

(B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts:

Provided further, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer:

Provided further, That for purposes of this section, the term ``improper payments´´, has the same meaning as that provided in section 2(d)(2) of Public Law 107-300.

Sec. 191.

Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, said reprogramming action shall be approved or denied solely by the Committees on Appropriations:

Provided, That the Secretary may provide notice to other congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days following the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations.

Sec. 192.

(a) None of the funds appropriated or otherwise made available under this Act to the Surface Transportation Board of the Department of Transportation may be used to take any action to allow any activity described in subsection (b) in a case, matter, or declaratory order involving a railroad, or an entity claiming or seeking authority to operate as a railroad, unless the Board receives written assurance from the Governor, or the Governor's designee, of the State in which such activity will occur that such railroad or entity has agreed to comply with State and local regulations that establish public health, safety, and environmental standards for the activities described in subsection (b), other than zoning laws or regulations.

(b) Activities referred to in subsection (a) are activities that occur at a solid waste rail transfer facility involving—

(1) the collection, storage, or transfer of solid waste (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)) outside of original shipping containers; or

(2) the separation or processing of solid waste (including baling, crushing, compacting, and shredding).

Sec. 193.

None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code.

Sec. 194.

Of the funds made available or limited by this Act, which are not otherwise allocated under this Act or under SAFETEA-LU (Public Law 109-59) or necessary to fulfill existing agreements between the Department of Transportation and metropolitan areas under the ``Urban Partnerships´´ and ``Congestion-Reduction Demonstration´´ programs, not more than 10 percent of such funds for any program that is allocated at the discretion of the Secretary may be expended in furtherance of the Department of Transportation's ``National Strategy to Reduce Congestion on America's Transportation Network´´ issued May 2006 by Secretary of Transportation, the Honorable Norman Mineta; also known as the ``Congestion Initiative´´ or any other new congestion initiative.

Sec. 195.

Of the funds available for Ferry Boats and Ferry Terminal Facilities, $950,000 shall be for Missouri River, Route 240, Saline and Howard Counties for expenses, including reimbursement of previously incurred expenses, for alternative transportation (including ferryboat service) during bridge replacement.

Sec. 196.

Notwithstanding any other provision of law, the State of New Mexico may use funds apportioned to the State under section 104(b)(2) of title 23, United States Code, for the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code, to support the operation of commuter rail service between Belen and Bernalillo, New Mexico.

Sec. 197.

Notwithstanding any other provision of law, funds made available in fiscal years 2006 through 2009 for item number 598 in section 3044(a) of Public Law 109-59 that are unobligated or unexpended in a grant shall be made available to OATS, Incorporated for buses and bus-related facilities.

Sec. 198.

Notwithstanding any other provision of law, funds made available in fiscal years 2006 through 2009 for item number 1152 in section 1702 of Public Law 109-59 that are unobligated or unexpended shall be made available for maintenance, repair and reconstruction of the Tucker Bridge in the City of St. Louis, Missouri.

Sec. 199.

Notwithstanding any other provision of law, section 198 of division K of Public Law 110-161 shall continue in effect during fiscal year 2009.

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This title may be cited as the ``Department of Transportation Appropriations Act, 2009´´.