H. R. 1105
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Making omnibus appropriations for the fiscal year ending September 30, 2009,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus Appropriations Act,
2009’’
DIVISION I—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions This Act
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
H. R. 1105—393
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
H. R. 1105—394
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
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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 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
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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.
H. R. 1105—413
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; longdistance
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
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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.
H. R. 1105—415
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 parttime
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 ontime
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.
File Type | application/msword |
Author | frauser1 |
Last Modified By | frauser1 |
File Modified | 2009-06-12 |
File Created | 2009-06-12 |