Division I—Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009
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[House Appropriations Committee Print] Omnibus Appropriations Act, 2009 (H.R. 1105; Public Law 111–8) DIVISION I—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 (1941) VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00677 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00678 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING CONTENTS, DIVISION I Page Legislative Text: Title I—Department of Transportation .......................................................... 1947 Title II—Department of Housing and Urban Development .......................... 1982 Title III—Related Agencies .............................................................................. 2015 Title IV—General Provisions—This Act ......................................................... 2019 Explanatory Statement: Title I—Department of Transportation .......................................................... 2023 Title II—Department of Housing and Urban Development .......................... 2115 Title III—Related Agencies .............................................................................. 2156 Title IV—General Provisions—This Act ......................................................... 2158 (1943) VerDate Nov 24 2008 06:05 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00679 Fmt 6601 Sfmt 0483 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 06:05 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00680 Fmt 6601 Sfmt 0483 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING [CLERK’S NOTE: Five sections which precede division I in the Omnibus Appropriations Act apply to all divisions of the Act, in- cluding this one. The text of these sections is as follows:] SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Omnibus Appropriations Act, 2009’’. SEC. 2. TABLE OF CONTENTS. [Text omitted for purposes of this note] SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as refer- ring only to the provisions of that division. SEC. 4. EXPLANATORY STATEMENT. The explanatory statement regarding this Act, printed in the House of Representatives section of the Congressional Record on or about February 23, 2009 by the Chairman of the Committee on Ap- propriations of the House, shall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference. SEC. 5. STATEMENT OF APPROPRIATIONS. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009. Reproduced below is the text of division I of the Omnibus Appro- priations Act, 2009 (H.R. 1105; P.L. 111–8) as presented to the President for signature.] (1945) VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00681 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00682 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING DIVISION I—TRANSPORTATION, HOUSING AND URBAN DE- VELOPMENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009 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 Assist- ant Secretary for Budget and Programs; not to exceed $2,400,000 shall be available for the Office of the Assistant Secretary for Gov- ernmental Affairs; not to exceed $26,000,000 shall be available for the Office of the Assistant Secretary for Administration; not to ex- ceed $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 Ex- ecutive 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 avail- able for the Office of the Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds ap- propriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no ap- propriation 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 Appropria- tions: Provided further, That not to exceed $60,000 shall be for allo- cation within the Department for official reception and representa- tion expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees au- thorized in Public Law 107–71, there may be credited to this appro- priation up to $2,500,000 in funds received in user fees: Provided further, That none of the funds provided in this Act shall be avail- able for the position of Assistant Secretary for Public Affairs: Pro- vided further, That of the funds provided under this heading, $100,000 shall be provided through reimbursement to the Depart- (1947) VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00683 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING 1948 ment 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 Depart- ment of Transportation’s financial systems, and reengineering busi- ness 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 Transpor- tation: Provided, That such services shall be provided on a competi- tive basis to entities within the Department of Transportation: Pro- vided 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 ap- proval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activ- ity, 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 modi- fying such loans, shall be as defined in section 502 of the Congres- sional 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 adminis- trative 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. VerDate Nov 24 2008 04:55 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00684 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P2.XXX A494P2 rfrederick on PROD1PC65 with HEARING 1949 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 pro- vide service to a community, the Secretary may consider the rel- ative 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 Sec- retary for such fiscal year. COMPENSATION FOR AIR CARRIERS (RESCISSION)