Omnibus Appropriations Act of 2009 (P.L. 111-8)

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

H. R. 1105—395

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

H. R. 1105—412

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

H. R. 1105—414

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.

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