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 123STA T . 3 057PUBLIC LA W 111 – 117 —DE C.1 6, 200 9porti o n o f t he f u n dsma dea v ai l a b le for plannin g a c tivities under the previous proviso to facilitate the preparation of a service development plan and related environmental impact statement for high - speed corridors located in multiple S tates
 * Provide

d fu r th er ,T hat the Secretar y shall issue interim guidance to applicants cov- ering application procedures and administer the grants provided under this heading pursuant to that guidance until final regulations are issued: Provided further, That not less than 85 percent of the funds provided under this heading shall be for cooperative agreements that lead to the development of entire segments or phases of intercity or high-speed rail corridors: Provided further, That the Secretary shall submit to C ongress the national rail plan re q uired by section 103(j) of title 49, U nited States Code, no later than September 15, 2 010: Provided further, That at least 30 days prior to issuing a letter of intent or cooperative agreement pursuant to Section 24402(f) of title 49, United States Code, for a major corridor development program, the Secretary shall provide to the H ouse and Senate Committees on A ppropriations w ritten notifica- tion consisting of a business and public investment case for the proposed corridor program which shall include: a comprehensive analysis of the monetary and non-monetary costs and benefits of the corridor development program an assessment of ridership, pas- senger travel time reductions, congestion relief benefits, environ- mental benefits, economic benefits, and other public benefits; oper- ating financial forecasts for the program; a full capital cost esti- mation for the entire project, including the amount, source and security of non- F ederal funds to complete the project; a summary of the grants management plan and an evaluation of the grantee ’ s ability to sustain the project: Provided further, That the Federal share payable of the costs for which a grant or cooperative agree- ments is made under this heading shall not e x ceed 80 percent: Provided further, That in addition to the provisions of title 49, United States Code, that apply to each of the individual programs funded under this heading, subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of title 49, United States Code, shall also apply to the provision of funds provided under this heading: Provided further, That a project need not be in a State rail plan developed under Chapter 22 7 of title 49, United States Code, to be eligible for assistance under this heading: Provided further, That recipients of grants under this paragraph shall conduct all procurement transactions using such grant funds in a manner that provides full and open competition, as determined by the Secretary, in compliance with existing labor agreements .OPERATING GRANT S TOT H E NATIONA L RAILROA D PASSENGER C ORPORATION To enable the Secretary of Transportation to ma k e quarterly grants to the N ational R ailroad P assenger Corporation for the oper- ation of intercity passenger rail, as authori z ed by section 101 of the Passenger Rail I nvestment and Improvement Act of 2008 (divi- sion B of Public L aw 110 – 432), $ 5 6 3,000,000, to remain available until expended: Provided, That the Secretary shall not make the grants for the third and fourth quarter of the fiscal year available to the Corporation until an Inspector G eneral who is a member of the Council of the Inspectors General on Integrity and E fficiency determines that the Corporation and the Corporation’s Inspector Det e rmina ti o n .C ontra c t s . Ap p l ica b ilit y . Dea d line. N oti f ication. R ail plan. Deadline. Gu idance.


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 123STA T . 3 058PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Gen e ralh a v ea g ree dupo na s e t o f pol ic ies and procedures for interacting w ith each other that are consistent with the letter and the spirit of the I nspector General A ct of 1978, asa m ended
 * Provide

d fu r th er, T hat 1 y ear after such determination is made, the C ouncil of the Inspectors General on Integrity and E fficiency shall appoint another mem b er to evaluate the current operational independence of the Amtra k Inspector General: Provided further, That the Corporation shall reimburse each Inspector General for all costs incurred in conducting the determination and the evalua - tion re q uired by the preceding two provisos: Provided further, That the amounts available under this paragraph shall be available for the S ecretary 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 pro j ection, and capital e x penditure projection justifying the F ederal support to the Secretary ’ s satisfaction: Provided further, That not later than 60 days after enactment of this Act, the Corpora- tion shall transmit to the Secretary, the Inspector General of the D epartment of Transportation, and the H ouse and Senate Commit- tees on Appropriations a plan 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 provide semiannual reports to the House and Senate Committees on Appropriations on the estimated savings accrued as a result of all operational reforms instituted by the Corporation and esti- mations of possible future savings: Provided further, That not later than 60 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary, the Inspector Gen- eral of Department of Transportation, the House and Senate Committees on Appropriations, the House Committee on Transpor- tation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation the annual budget and business plan and the 5 - Y ear Financial P lan for fiscal year 2 010 required under section 20 4 of the Passenger R ail Investment and Improvement Act of 2008: Provided further, That the budget, business plan, and the 5-Year Financial Plan shall also include a separate accounting of ridership, revenues, and capital and operating expenses for the N ortheast Corridor commuter service; long-dis- tance Amtrak service; State-supported service; each intercity train route, including Autotrain; and commercial activities including con- tract operations: Provided further, That the budget, business plan and the 5-Year Financial Plan shall include a description of work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by these plans: Provided further, That the Corporation shall provide semiannual 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, as well as progress against the milestones and target dates of the 2009 performance improvement plan: Provided further, That the Corporation’s budget, business plan, 5-Year Financial Plan, and all subsequent supplemental plans shall be displayed Deadlin e s.R e port s. E le c tronic s ubm ission. Electronic submission. Deadline. B ud g et. P lans. Deadlines. Reports. Deadline. Plans. T ime period. E v aluation.

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 123STA T . 3 059PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 ontheC o rp or a t i on ’sw e b site within a reasonab l eti m e f rame fol - lowin g their s u bmission to the appropriate entities
 * Provide

d fu r -th er ,T hat these plans shall be a c companie d b y a comprehensi v e fleet plan for all A mtra k rolling stock which shall address the Corporation’s detailed plans and timeframes for the maintenance, refurbishment, replacement, and e x pansion 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: 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 J une 2 8 ,2 0 02, in the same manner as in effect on the date of enactment of this Act: Provided further, That concurrent with the P resident’s budget re q uest for fiscal year 2011, the Corporation shall submit to the H ouse and S enate Committees on Appropriations a budget request for fiscal year 2011 in similar format and substance to those submitted by execu- tive agencies of the F ederal G overnment .CAPIT A L A ND D EB T S E RV ICE G RANTS T O T H E NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the N ational R ailroad Passenger Corporation for capital invest- ments as authori z ed by section 101 ( c ) of the Passenger Rail I nvest- ment and Improvement Act of 2008 (division B of Public L aw 110 –43 2), $ 1,001, 6 25,000, to remain available until expended, of which not to exceed $264,000,000 shall be for debt service obliga- tions as authorized by section 102 of such Act: Provided, That grants after an initial allocation of $200,000,000 shall be provided to the Corporation only on a reimbursable basis: Provided further, That the Secretary may retain up to one-half of 1 percent of the funds provided under this heading to fund the costs of pro j ect management oversight of capital projects funded by grants provided under this heading, as authorized by subsection 101(d) of division B of Public Law 110–432: 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 project 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 2010 business plan: Provided further, That in addition to the project management oversight funds authorized under section 101(d) of of division B of Public Law 110–432, the Secretary may retain up to an additional one-half of one percent of the funds provided under this heading to fund expenses associated with implementing section 212 of of division B of Public Law 110–432, including the amendments made by section 212 to section 24905 of title 49, U nited States Code. AD M INISTRATIVE PROVISIONS —F EDERAL RAILROAD ADMINISTRATION SEC. 151. The Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish Budgetr e q ue s t .


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 123STA T . 3 06 0 PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9thepur p os eso f49U.S. C . 2013 4
 * Provide

d ,T h a ttheSe c retar y sha l l prescr ib e g ui d eli n es for the ad m inistration of such purchases and use. S EC . 1 5 2. H ereafter, not w ithstanding any other pro v ision of law, funds provided in this A ct for the N ational R ailroad P assenger Corporation shall immediately cease to be available to said Corpora - tion in the event that the Corporation contracts to have services provided at or from any location outside the United States. F or purposes of this section, the word ‘ ‘services ’ ’ shall mean any service that was, as of J uly 1, 200 6, performed by a full-time or part- time Amtra k employee whose base of employment is located within the United States. SEC. 153. The Secretary of Transportation may receive and e x pend cash, or receive and utili z e spare parts and similar items, from non-United States G overnment sources to repair damages to or replace United States Government owned automated track inspection cars and e q uipment 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 O perations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of auto- mated track inspection cars and equipment in connection with the automated track inspection program. SEC. 154. The Administrator of the Federal Railroad Adminis- tration shall submit a report on April 1, 2010, 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 perform- ance 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. SEC. 155. I n the E xplanatory Statement referenced in division I of Public L aw 111 –8 under the heading Railroad Research and D evelopment the item relating to ‘‘San Gabriel trench grade separa- tion pro j ect, Alameda Corridor, CA’’ is deemed to be amended by inserting ‘‘Alameda Corridor East Construction Authority Grade Separations, CA.’’. SEC. 156. In the Explanatory Statement referenced in division K of Public Law 110–161 under the heading Rail Line Relocation and Improvement Program the item relating to ‘‘ M t. V ernon railroad cut, N Y ’’ is deemed to be amended by inserting ‘‘Rail Line and Station Improvement and Rehabilitation, Mount Vernon, NY.’’. SEC. 15 7 . Notwithstanding any other provision of law, funds provided in Public Law 111–8 for ‘‘Lincoln Avenue Grade Separa- tion, Port of Tacoma, W ashington’’ shall be made available for this project as therein described. SEC. 158. The Administrator of the Federal Railroad Adminis- tration, in cooperation with the Illinois Department of Transpor- tation ( IDOT ) , may provide technical and financial assistance to IDOT and local and county officials to study the feasibility of 10th Street, or other alternatives, in Springfield, Illinois, as a route for consolidated freight rail operations and / or combined freight and passenger rail operations within the city of Springfield. Il l ino i s.Wa s h in gt on. Rep o r ts. D ea d lines. De f inition. Gu idelines.


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Page:United States Statutes at Large Volume 123.djvu/3081

 123STA T . 3 06 1 PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9SEC.159 . (a)AMTRAK SEC U R I T YEV A L UATI ON . —Nol a ter t h a n 1 80d a ys a f ter the ena c t m ent of th i s Act , Amtra k , in cons u ltation w ith the Assistant Secretary of H omeland Security ( T rans p ortation Security Administration), shall su b mit a report to C on g ress that contains— (1) a comprehensi v e, system - wide, security evaluation and ( 2 ) proposed guidance and procedures necessary to implement a new checked firearms program. (b) D EVELO P EMENT AN DI MPLEMENTATION O FG UIDANCE AND P ROCEDURE S .— (1) IN GENERAL.—Not later than one year after the enactment of this Act, Amtrak, in consultation with the Assistant Secretary, shall develop and implement guidance and procedures to carry out the duties and responsibilities of firearm storage and carriage in checked baggage cars and at Amtrak stations that accept checked baggage. (2) SCOPE.—The guidance and procedures developed under paragraph (1) shall— (A) permit Amtrak passengers holding a ticket for a specific Amtrak route to place an unloaded firearm or starter pistol in a checked bag on such route if— (i) the Amtrak station accepts checked baggage for such route; (ii) the passenger declares to Amtrak, either orally or in writing, at the time the reservation is made or not later than 2 4 hours before departure, that the firearm will be placed in his or her bag and will be unloaded; (iii) the firearm is in a hard-sided container; (iv) such container is locked; and (v) only the passenger has the key or combination for such container; ( B ) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms ammunition for personal use in a checked bag on such route if the ammunition is securely packed— (i) in fiber, wood, or metal bo x es; or (ii) in other packaging specifically designed to carry small amounts of ammunition; and (C) include any other measures needed to ensure the safety and security of Amtrak employees, passengers, and infrastruc- ture, including— (i) in fiber, wood, or metal boxes; or (ii) in other packaging specifically designed to carry small amounts of ammunition; and (c) DEFINITIONS.— (1) F or purposes of this section, the term ‘ ‘checked baggage ’ ’ refers to baggage transported that is accessible only to select Amtrak employees. FEDERAL TRANSIT ADMINISTRATION ADMINISTRATIVE E X PENSES For necessary administrative expenses of the Federal Transit Administration’s programs authori z ed by chapter 5 3 of title 49, U nited States Code, $ 98,911,000
 * Provide

d, That of the funds avail- able under this heading, not to exceed $1,809,000 shall be available Am m unit i o n .F i rea rm s . D ea dl ines. R e p orts. 49USC2 4 305 note.


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 123STA T . 3 06 2 PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9fort r avel:Provide d fu r th er ,Th at n oneofthef u n dsp rov i ded or li m ited in this Ac tma yb e used to create a permanent office of transit security under this headin g
 * Provided further, That of the

amounts made available under this heading not to e x ceed $75, 0 00 shall be paid from appropriations made available by this Act and provided to the D epartment of Transportation O ffice of I nspector G eneral through reimbursement to conduct the annual audits of financial statements in accordance w ith section 3 5 21 of title 31, U nited S tates C ode: Provided further, That upon submission to the Congress of the fiscal year 2011 P resident ’ s budget, the Sec - retary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2011 .FORMULA A NDB U SG RAN T S ( L IQ UIDATION OF C ONTRACT AUT H ORIT Y) (LIMITATION ON OBLIGATIONS) (HIGH W AY TRUST FUND) F or payment of obligations incurred in carrying out the provi- sions of 49 U.S.C. 5305, 5307, 530 8, 5309, 5310, 5311, 531 6 , 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public L aw 105 – 178, as amended, $9,400,000,000 to be derived from the M ass Transit Account of the H ighway Trust Fund and to remain available until expended: Provided, That funds available for the implementa- tion or execution of programs authori z ed 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 $8,343,171,000 in fiscal year 2010. R E SEARCH AND UNI V ERSITY RESEARCH CENTERS For necessary expenses to carry out 49 U.S.C. 5306, 5312– 5315, 5322, and 5506, $65,670,000, 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 N ational Transit Institute under section 5315 of title 49, United States Code, and $7,000,000 is available for university transportation cen- ters program under section 5506 of title 49, United States Code: Provided further, That $44,370,000 is available to carry out national research programs under sections 5312, 5313, 5314, and 5322 of title 49, United States Code: Provided further, That of the funds available to carry out section 5312 of title 49, United States Code, $5,000,000 shall be available to the Secretary to develop standards for asset management plans, provide technical assistance to recipi- ents engaged in the development or implementation of an asset management plan, improve data collection through the National Transit Database, and conduct a pilot program designed to identify the best practices of asset management. Deadlin e .R e ports . Au dits.


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 123STA T . 3 06 3 PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9CAPIT A L I NVES T M ENT GR ANTS ( INCL UD ING TRANS F ER O F FUNDS )Fornec e s s a r y e xp enses t o carry o u t sect i on 5309 o f tit l e 4 9 ,U nite dS tates C ode, $2 ,000,000,000, to re m ain a v aila b le until expended, of wh ich no less than $200,000,000 is for section 5309 ( e ) of such title
 * Provide

d, T hat $2,000,000 shall be transferred to the D epartment of Transportation O ffice of I nspector G eneral from funds set aside for the execution of oversi g ht contracts pursuant to section 532 7 (c) of title 49, United States Code, for costs associated with audits and investigations of transit - related issues, including reviews of new fixed guideway systems . GRANTS FOR ENERG Y EFFICIENCY AND GREEN H OUSE GAS REDUCTIONS For grants to public transit agencies for capital investments that will reduce the energy consumption or greenhouse gas emis- sions of their public transportation systems, $75,000,000, to remain available through September 30, 20 1 2: Provided, That priority shall be given to pro j ects based on the total energy savings that are projected to result from the investments, and the projected energy savings as a percentage of the total energy usage of the public transit agency: Provided fu r th er, That the Secretary shall public criteria on which to base the competition for any grants awarded under this heading no sooner than 90 days after the enactment of this A ct, re q uire applications for funding provided under this heading to be submitted no sooner than 120 days after the publica- tion of such criteria, and announce all projects selected to be funded from funds provided under this heading no sooner than September 15, 2010. GRANTS TO THE W ASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the W ashington M etropolitan Area Transit Authority as authori z ed under section 6 01 of division B of P ublic L aw 110 – 432, $150,000,000, to remain available until expended: Provided, That the Secretary shall approve grants for capital and preventive maintenance expenditures for the Washington Metropoli- tan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided further, That prior to approving such grants, the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system, including but not limited to fixing the trac k signal system, replacing the 1000 series cars, installing guarded turnouts, buying equipment for wayside worker protection, and installing rollback protection on cars that are not equipped with this safety feature. ADMINISTRATIVE PROVISIONS — FEDERAL TRANSIT ADMINISTRATION 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. 533 8, previously made available for obligation, or to any other authority previously made available for obligation. Det e rmina ti o n . Dea dl ine s . C riteria. Pub li c ation.


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Page:United States Statutes at Large Volume 123.djvu/3084

 123STA T . 3 064PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9SEC.16 1. Notwi t hs t and in g an y oth erp ro v ision o fl aw , f u nds appropriated or li m ited b y this Ac t under ‘ ‘ F ederal T ransit Adminis - tration, C apital I nvestment G rants ’ ’ and for bus and bus facilities under ‘‘Federal Transit Administration, Formula and B us Grants’’ for pro j ects specified in this Act or identified in reports accom- panying this Act not obligated by September 30, 2 012, 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 O ctober 1, 200 9, under any section of chapter 5 3 of title 4 9, U nited States Code, that remain available for e x penditure, may be transferred to and administered under the most recent appropriation heading for any such section. SEC. 163. Notwithstanding any other provision of law, unobli- gated funds made available for new fixed guideway system projects under the heading ‘‘Federal Transit Administration, Capital invest- ment 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. D uring fiscal year 2010, each Federal Transit Administration grant for a project that involves the ac q uisition 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
 * Provide

d, 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, unobli- gated 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. 166. ( a ) In the explanatory statement referenced in section 1 8 6 of title I of division K of P ublic L aw 110 – 161 (121 Stat. 2406), the item relating to ‘‘Broward County Southwest Transit Facility’’ in the table of projects under the heading ‘‘Bus and Bus Facilities’’ is deemed to be amended by stri k ing ‘‘Southwest’’ and inserting ‘‘ R avenswood’’. (b) The explanatory statement referenced in section 186 of title I of division I of Public Law 111–8 for ‘‘Alternatives analysis’’ under ‘‘Federal Transit Administration–Formula and Bus Grants’’ is deemed to be amended by striking ‘‘ H udson–Bergen Light Rail E xtension Route 440, North Bergen, N J ’’ and inserting ‘‘Hudson– Bergen Light Rail Extension Route 440, Jersey City, NJ’’. (c) Funds made available for the ‘‘Phoenix / Regional Heavy M aintenance Facility, A Z ’’, ‘‘Dial-a-Ride facility, Phoenix, AZ’’ and the ‘‘Phoenix Regional Heavy Bus Maintenance Facility, Ari z ona’’ through the Department of Transportation Appropriations Acts for Fiscal Y ears 2004, 2005 and 2008 that remain unobligated or unex- pended shall be made available to the East Baseline Park-and- Ride Facility in Phoenix, Arizona. SEC. 16 7 . 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


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 123STA T . 3 065PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9facil i t i es:Provide d ,Th at no t m o r e than $4, 0 00,000 of the f u n d s made a v aila b le p ursuant to 4 9U.S. C . 53 09 ( m ) ( 2 )( B )ma y be used by the City and County of H onolulu to operate a passen g er ferry boat service demonstration pro j ect to test the viability of different intra - island ferry boat routes and technologies. S EC . 168 . I n determining the local share of the cost of the project authori z ed to be carried out under section 3043(c)( 7 0) of the Safe, A ccountable, F le x ible, E fficient Transportation E q uity Act: A L egacy for Users ( P ublic La w 109 – 59 119 Stat. 1644) for purposes of the rating process for N ew Starts projects, the Secretary shall consider any portion of the corridor advanced entirely with non- Federal funds. SEC. 169. The Secretary of Transportation shall provide rec- ommendations to Congress, including legislative proposals, on how to strengthen its role in regulating the safety of transit agencies operating heavy rail on fixed guideway: Provided, That the Sec- retary shall include actions the D epartment of Transportation will ta k e and what additional legislative authorities it may need in order to fully implement recommendations of the National Transpor- tation Safety Board directed at the Federal Transit Administration, including but not limited to recommendations related to crash- worthiness, emergency access and egress, event recorders, and hours of service: Provided fu r th er, That the Secretary shall transmit to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Banking, Housing, and Urban Affairs a report out- lining these recommendations and a plan for their implementation by the Department of Transportation no later than 45 days after enactment of this Act. SEC. 170. Notwithstanding any other provision of law, the Secretary of Transportation shall not reallocate any funding made available for items 523, 267, and 131 of section 3044 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59). SEC. 171. Notwithstanding any other provision of law, for fiscal year 2010, the total estimated amount of future obligations of the G overnment and contingent commitments to incur obligations covered by all outstanding full funding grant agreements entered into on or before September 30, 2009, and all outstanding letters of intent and early systems work agreements under subsection 5309(g) of Title 49, United States Code, for major new fixed guide- way capital projects may be not more than the sum of the amount authorized under subsections 5338(a)(3)(iv) and 5338(c) of such title for such projects and an amount equivalent to the last 3 fiscal years of funding allocated under subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such projects, less an amount the Secretary reasonably estimates is necessary for grants under subsection 5309(b)(1) of such title for those of such projects that are not covered by a letter or agreement: Provided, That the Sec- retary may enter into full funding grant agreements under sub- section 5309(g)(2) of such title for major new fixed guideway capital projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate. SEC. 172. None of the funds provided or limited under this Act may be used to enforce regulations related to charter bus service under part 604 of title 49, Code of Federal R egulations, for any transit agency who during fiscal year 2008 was both initially Det e rmina ti o n .R e p ort s . I mp l ementation plan. Dea d line. Re c ommenda - tions.


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 123STA T . 3 06 6 PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9granted a 60- da yp er io dto c o m e into comp l iance w it h part 60 4, and then wa s s ub se q uently granted an e x ception f rom said part .SEC . 173 . H ereafter, for interstate multi-modal pro j ects which are in I nterstate highway corridors, the Secretary shall base the rating under section 5 30 9( d ) of title 49, U nited States C ode, of the non- N ew Starts share of the public transportation element of the project on the percentage of non-New Starts funds in the unified finance plan for the multi-modal project
 * Provide

d, T hat the Secretary shall base the accounting of local matching funds on the total amount of all local funds incorporated in the unified finance plan for the multi-modal project for the purposes of funding under chapter 53 of title 49, United States Code and title 2 3, United States Code: Provided fu r th er, That the Secretary shall e v aluate the justification for the project under section 5309(d) of title 49, United States Code, including cost effectiveness, on the public transportation costs and public transportation benefits. S AINTL A WR ENCE SEAWA YD E V E LOPM ENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authori z edtoma k e 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 commit- ments without regard to fiscal year limitations as provided by section 104 of the G overnment Corporation Control A ct, as amended, as may be necessary in carrying out the programs set forth in the Corporation ’ s budget for the current fiscal year. OPERATION S AN D MAINTENANCE (H AR B OR MAINTENANCE TR U ST F UND )F or 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, $ 32,324,000, to be derived from the Harbor M aintenance Trust Fund, pursuant to P ublic Law 99 – 662. MARITIME ADMINISTRATION MARITIME SECURITY PRO G RAM 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, $149,750,000, of which $11,240,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $15,000,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy, and of which $59,057,000 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 Expenditur e a ut ho rit y.C ontra c t s . E v a l uation. 49US C 530 9 note.


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Page:United States Statutes at Large Volume 123.djvu/3087

 123STA T . 3 067PUBLIC LA W 111 – 117 —DE C. 16 , 200 9ortheAs s i st an t S e c retar yf or Budg et and P rogra m s
 * Provide

d fu r -th er ,T hat the Su p erintendent, D eputy Superintendent and the Director of the O ffice of R esource M anagement of the U nited States Merchant Marine Academy may not b ea l lotment holders for the United States Merchant Marine Academy, and the Administrator of Maritime Administration shall hold all allotments made by the Secretary of Transportation or the Assistant Secretary for Budget and Programs under the pre v ious 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 w ith the Superintendent and the Maritime Administration, completes a plan detailing by program or activity and by ob j ect class how such funding will bee x pended at the Academy, and this plan is submitted to the H ouse and Senate C ommittees on Appropriations .SHIPD ISP O S ALF or necessary expenses related to the disposal of obsolete ves - sels in the N ational Defense Reserve Fleet of the Maritime Adminis- tration, $1 5,000,000, to remain available until expended. ASSIS T A NCE TOS M ALL SHIP Y A R DS To ma k e grants to q ualified shipyards as authori z ed under section 3 50 8 of Public L aw 110 –4 1 7 or section 54101 of title 4 6, United States Code, $15,000,000, 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 1 2 0 days after enactment of this Act in such amounts as the Secretary determines: Provided further, That not to exceed 2 percent of the funds appro- priated under this heading shall be available for necessary costs of grant administration. MARITIME GU ARANTEED LOAN ( TITLE X I ) PROGRAM ACCOUNT (INCLUDING TRANS F ER OF FUNDS) For the cost of guaranteed loans, as authorized, $ 9 ,000,000, of which $5,000,000 shall remain available until expended: Pro- vided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That not to exceed $4,000,000 shall be available for administrative expenses to carry out the guaranteed loan program, which shall be transferred to and merged with the appropriation for ‘ ‘Operations and Training ’ ’, Maritime Administration. ADMINISTRATI V E 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 G overnment property under control of the Maritime Administration, and payments received therefor Grants.De a dli nes. Exp endit u re plan.


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Page:United States Statutes at Large Volume 123.djvu/3088

 123STA T . 3 068PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9shal l becr e dit edt o the a p propriatio n char g ed w ith the cost thereo f:Provide d ,T hat rental pa ym ents u nder any such lease, contract, or occupancy for items other than such utilities, ser v ices, or repairs shall be covered into the Treasury as miscellaneous receipts .SEC . 176 . Section 5 1 3 1 4 of title 46, U nited States C ode, is amended in subsection ( b ) by inserting at the end ‘ ‘Such fees shall be credited to the M aritime A dministration ’ s O perations and Training appropriation, to remain available until e x pended, for those expenses directly related to the purposes of the fees. F ees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses.’’. PIP E L I N E A N DH A Z A R D OUS MA T ERIALS SA F ET Y AD M INISTRATION OPERATIONAL E X PENSES ( PIPELINE SAFETY FUND ) (INCLUDIN G TRANSFER OF FUNDS) For necessary operational expenses of the Pipeline and Ha z- ardous Materials Safety Administration, $2 1,132, 0 00, of which $63 9 ,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 I nformation G rants to Communities’’ as authorized under section 60130 of title 49, United States Code. H AZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $37,994,000, of which $1,699,000 shall remain available until September 30, 2012: Provided, That up to $ 8 00,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided fu r th er, 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 dissemi- nation, and for travel expenses incurred in performance of haz- ardous materials exemptions and approvals functions. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIA B ILITY 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, $105,239,000, of which $18,905,000 shall be derived from the Oil Spill L iability Trust Fund and shall remain available until Sep- tember 30, 2012 and of which $86,334,000 shall be derived from


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Page:United States Statutes at Large Volume 123.djvu/3089

 123STA T . 3 069PUBLIC LA W 111 – 11 7—DE C. 16 , 2009 thePip e l i n e Saf et yFu n d,o f w hi c h $47, 3 3 2 , 0 00 s hall r e m ain a v ail - a b le until September 30, 20 1 2
 * Provide

d, T hat not less than $1,04 8 ,000 of the funds provided under this headin g shall be for the one-call State grant program .EM E RG E NCYP REP A RE D NE S S GRAN T S ( EMERGENCY PREPAREDNESS FU ND ) For necessary e x penses to carry out 4 9U .S. C. 5 128 ( b ) , $188,000, to be derived from the E mergency Preparedness Fund, to remain available until September 30, 2011: Provided, That not more than $28,318,000 shall be made available for obligation in fiscal year 2010 from amounts made available by 49 U.S.C. 511 6 ( I ) and 5128(b) – (c): Provided fu r th er, 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 designee. R ESEARC H AND INN OV AT I VE TECHNO L OGY A DMINISTRATION RESEARCH AND DEVELOPMENT For necessary expenses of the Research and Innovative Tech- nology Administration, $13,007,000, of which $6,036,000 shall remain available until September 30, 2012: 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. O FFICE OF INSPECTOR G ENERAL SALARIES AND E X PENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $75,114,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties speci- fied 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 sub j ect to regulation by the D epartment: 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 com- petition by domestic and foreign air carriers and tic k et agents and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. SURFACE TRANSPORTATION B OARD SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authori z ed by 5 U.S.C. 3109, $29,066,000: Pro - vided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the


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Page:United States Statutes at Large Volume 123.djvu/3090

 123STA T . 3 07 0 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9SurfaceT ra nspo r t at i on B oar d s h a l l b e credited to this appropriation as offsettin g collections and used for necessar y and authori z ed e x penses under this heading
 * Provide

d fu r th er , That the su m herein appropriated from the general fund shall be reduced on a dollar - for-dollar basis as such offsetting collections are recei v ed during fiscal year 201 0, to result in a final appropriation from the general fund estimated at no more than $ 2 7, 8 1 6 ,000 .GEN E RALP R OVIS IONS —D E P AR TM ENT O F TRANSPORTATION SE C . 180. D uring the current fiscal year applicable appropria- tions 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 busi- ness; and uniforms or allo w ances therefor, as authorized by law (5U .S. C .5 9 01 – 5902 ) . SEC. 181. A ppropriations contained in this Act for the Depart- ment of Transportation shall be available for services as authorized by 5 U.S.C. 3 109, but at rates for individuals not to exceed the per diem rate e q uivalent to the rate for an E xecutive L evel IV . SEC. 182. N one 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 4 04 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 connec- tion 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 with- hold funds provided in this Act for any grantee if a State is in noncompliance with this provision. SEC. 185. F unds received by the Federal H ighway Administra- tion, Federal Transit Administration, and Federal R ailroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administra- tion ’ 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 O perations’’ account, except for State rail safety inspectors partici- pating 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, pro j ects and activities in the corresponding amounts identified in the committee report accompanying this Act for ‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate M aintenance Discre- tionary’’, ‘‘Transportation, Community and System Preservation Program’’, ‘‘Delta Region Transportation Development Program’’, ‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail-highway Ap p ointe e s.


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Page:United States Statutes at Large Volume 123.djvu/3091

 123STA T . 3 07 1 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9cros s inghaz ar del i m ina t ions ’ ’ ,‘ ‘ C a p ital I n v estment G rants’’, ‘‘ A lter - natives anal y sis’’, and ‘‘ Bu s and b us f acilities’’ .SEC . 187 . N ot w ithstanding any other provisions of law, rule or regulation, the Secretary of T ransportation is authorized to allow the issuer of any preferred stoc k heretofore sold to the D epartment to redeem or repurchase such stock upon the payment to the Depart- ment 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 H ouse and Senate Committees on Appropriations not less than 3 full business days before any discre- tionary grant award, letter of intent, or full funding grant agree- ment totaling $ 1, 0 00,000 or more is announced by the department or its modal administrations from

1 ) any discretionary grant pro- gram of the F ederal Highway Administration including the emer- gency relief program ( 2 ) the airport improvement program of the Federal Aviation Administration; (3) any grant from the Federal R ailroad Administration; or ( 4 ) any program of the Federal Transit Administration other than the formula grants and fi x ed guideway modernization programs: Provide d, That the Secretary gives concur- rent notification to the House and Senate Committees on Appropria- tions for any ‘‘ q uick release’’ of funds from the emergency relief program: Provided fu r th er, That no notification shall involve funds that are not available for obligation. SEC. 18 9 . Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the sub- leasing 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 pay- ments; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper P ayments 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 appropria- tion 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 to the House and Senate Committees on Appropria- tions of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term Notif i ca tio n.Gr ant s . Notifications. De a dl ine.


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Page:United States Statutes at Large Volume 123.djvu/3092

 123STA T . 3 07 2 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9‘ ‘ impro p e rp ay me nts’ ’ ,h as the same meanin g as that pro -v i d edinse c tion 2( d ) (2) o fPubl ic L a w107–3 00 .SEC . 1 9 1. N otwithstanding any other provision of law, if any funds provided in or limited by this A ct are sub j ect to a reprogram- ming action that re q uires notice to be provided to the H ouse and Senate C ommittees on Appropriations, said reprogramming action shall be approved or denied solely by the Committees on Appropria- tions
 * Provide

d, T hat the Secretary may provide notice to other congressional committees of the action of the Committees on Appro- priations 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 Appro- priations. SEC. 192. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation B oard of the D epartment of Transportation to charge or collect any filing fee for rate complaints filed with the Board in an amount ine x cess of the amount authori z ed for district court civil suit filing fees under section 191 4 of title 2 8, U nited States Code. SEC. 193. Notwithstanding section 3324 of Title 31, United States Code, in addition to authority provided by section 327 of title 49, United States Code, the Department’s W or k ing Capital fund is hereby authorized to provide payments in advance to ven- dors that are necessary to carry out the F ederal transit pass transportation fringe benefit program under E xecutive O rder 131 5 0 and section 3049 of Public Law 109–59: Provided, that the Depart- ment shall include adequate safeguards in the contract with the vendors to ensure timely and high quality performance under the contract. SEC. 194. (a) ING ENE RAL . — Section 127(a)(11) of title 23, United States Code, is amended by striking ‘‘that portion of the M aine Turnpike designated R oute 95 and 495, and that portion of Inter- state Route 95 from the southern terminus of the Maine Turnpike to the New Hampshire State line, laws (including regulations)’’ and inserting ‘‘all portions of the Interstate Highway System in the State, laws (including regulations)’’. (b) PER IOD O F EFFEC T I V ENE S S.—The amendment made by sub- section (a) shall be in effect during the 1-year period beginning on the date of enactment of this Act. (c) REVERSION.—Effective as of the date that is 3 6 6 days after the date of enactment of this Act, section 127(a)(11) of title 23, United States Code, is amended by striking ‘‘all portions of the Interstate Highway System in the State, laws (including regula- tions)’’ and inserting ‘‘that portion of the Maine Turnpike designated Route 95 and 495, and that portion of Interstate Route 95 from the southern terminus of the Maine Turnpike to the New Hamp- shire State line, laws (including regulations)’’. (d) V ER M ONT PILOT PRO G RAM.—Section 127(a) of title 23, United States Code, is amended by adding at the end the following: ‘‘(13) VERMONT P ILOT PROGRAM.— ‘‘(A) IN GENERAL.—With respect to Interstate Routes 89, 91, and 93 in the State of Vermont, laws (including regulations) of that State concerning vehicle weight limita- tions applicable to State highways other than the Interstate system shall be applicable in lieu of the requirements of this subsection.’’. Ap p licab ili ty.Ef f e ci v e d ate. 23USC1 2 7no te. 23 USC 127 note. Cont r act s . F ilin g fees. D eadline. N otification.


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Page:United States Statutes at Large Volume 123.djvu/3093

 123STA T . 3 07 3 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9(e)PERIOD O FE FFE CT I V E N E S SFORT H E V ER M ONT PI L OT PRO -G R A M .—Th e am e nd men t made bysu bse c t io n (d) sha l lbeine f fect du r in g the 1 -year p eriod beginning on the date of enactment of this A ct. (f) R EVERSION FOR THE VERMONT PILOT PROGRAM.—Effecti v e as of the date that is 36 6 days after the date of enactment of this Act , section 1 27 (a) of title 23, U nited S tates C ode, is amended by stri k ing paragraph (13). (g) RE P ORT ON THE VERMONT PILOT PROGRAM.— N ot later than 2 years after the date of enactment of this paragraph, the Secretary shall complete and submit to Congress a report on the effects of the pilot program under this paragraph on high w ay safety, bridge and road durability, commerce, truck volumes, and energy use within the State of Vermont. SEC. 1 95 . The Secretary shall initiate an independent and comprehensive study and analysis to supplement that authori z ed under section 1 08, division C, of Public L aw 111 – 8
 * Provide

d, That the D epartment of Transportation shall work with and coordinate with the Departments of Energy, Commerce and Agriculture to develop a comprehensive understanding of the full value of river flow support to users in the M ississippi and Missouri Rivers: Pro - vided fu r th er, That sub j ects of analysis shall include energy (including hydropower and generation cooling), and water transport (including water-compelled rates, projected total transportation congestion considerations, transportation energy efficiency, air q uality and carbon emissions) and water users (including the number and distribution of people, households, municipalities, and business throughout the Missouri and Mississippi River basins who use river water for multiple purposes): Provided further, That in addition to understanding current value, the Department is directed to work with appropriate F ederal partners to develop recommenda- tions on how to minimize impediments to growth and ma x imize water value of benefits related to energy production and efficiency, congestion relief, trade and transport efficiency, and air quality: Provided further, That the Department of Transportation shall pro- vide its analysis and recommendations to the U.S. Army Corps of Engineers, the W hite H ouse, and the Congress: Provided further, That $ 2,000,000 is available until expended for such purposes. SEC. 196. Notwithstanding any other provision of law, funds made available under section 330 of the Fiscal Y ear 2002 Depart- ment of Transportation and Related Agencies Appropriations Act (Public Law 107–87) for the Las Vegas, Nevada Monorail Project, funds made available under section 115 of the Fiscal Year 200 4 Transportation, Treasury and I ndependent Agencies Appropriations Act (Public Law 108–199) for the North Las Vegas Intermodal Transit Hub, and funds made available for the CATRAIL RTC Rail Project, Nevada in the Fiscal Year 2005 Transportation, Treasury, Independent Agencies and G eneral Government Appro- priations Act (Public Law 108–447), as well as any unexpended funds in the Federal Transit Administration grant numbers NV– 03–0024 and NV–03–0027, shall be made available until expended to the Regional Transportation Commission of Southern Nevada for bus and bus-related projects and bus rapid transit projects: Provided, That the funds made available for a project in accordance with this section shall be administered under the terms and condi- tions set forth in 49 U.S.C. 5307, to the extent applicable. Nevad a .R e com me n da -ti on s . S t u d y. Ef fective date. 23U S C1 2 7 note. 23 USC 127 note.


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Page:United States Statutes at Large Volume 123.djvu/3094

 123STA T . 3 074PUBLIC LA W 111 – 117 —DE C.1 6, 200 9Thist it lemayb e c ite d as the ‘ ‘ D e p a r tme n t of Transportation A ppropriations Act ,201 0 ’ ’ . T I T LE II DE P A R T M E N T OFH O US IN G AND UR B AN DE V ELOPMENT M AN A GEM EN T AN D ADM I NI S T R ATI O N E X E CU TI V E DIRECTION For necessary salaries and e x penses for Exec u ti v e Direction, $ 2 6, 85 5,000, of w hich not to exceed $ 4 ,61 9 ,000 shall be available for the immediate Office of the Secretary and Deputy Secretary not to exceed $1, 7 0 3 ,000 shall be available for the Office of Hearin g s and Appeals; not to exceed $778,000 shall be available for the Office of Small and Disadvantaged Business Utili z ation; not to exceed $727,000 shall be available for the immediate Office of the C hief Financial Officer; not to exceed $1,474,000 shall be avail - able for the immediate Office of the General Counsel; not to exceed $2,912,000 shall be available to the Office of the Assistant Secretary for Congressional and Intergovernmental Relations; not to exceed $3,996,000 shall be available for the Office of the Assistant Sec- retary for Public Affairs; not to exceed $1,218,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,125,000 shall be available to the Office of the Assistant Secretary for Public and Indian Housing; not to exceed $1,781,000 shall be available to the Office of the Assistant Secretary for Community Planning and Development; not to exceed $3,497,000 shall be available to the Office of the Assistant Secretary for Housing, Federal Housing Commissioner; not to exceed $1,097,000 shall be available to the Office of the Assistant Secretary for Policy Development and Research; and not to exceed $928,000 shall be available to the Office of the Assistant Secretary for Fair Housing and E q ual Opportunity
 * Provide

d, That the Secretary of the Depart- ment of Housing and Urban Development is authorized to transfer funds appropriated for any office funded under this heading to any other office funded under this heading following the written notification to the House and Senate Committees on Appropriations: Provided fu r th er, 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 prior approval to the House and Senate Committees on Appropriations: Provided further, That the Secretary shall provide the Committees on Appropriations quar- terly written notification regarding the status of pending congres- sional reports: Provided further, That the Secretary shall provide all signed reports required by Congress electronically: Provided further, That not to exceed $25,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses as the Secretary may determine. ADMINISTRATION, O P ERATIONS AND MANAGEMENT For necessary salaries and expenses for administration, oper- ations and management for the Department of Housing and Urban Development, $537,011,000, of which not to exceed $76,958,000 Reports.El e c tro ni c s ubm ission. N oti f ic a tion. Notice. T ransfer aut h orit y . Notification. D epartment of H ousin g an dU rban De v elopment A ppropriations Act ,201 0.


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Page:United States Statutes at Large Volume 123.djvu/3095

 123STA T . 3 075PUBLIC LA W 111 – 117 —DE C.1 6, 200 9shal l be a v a i lable fort he p erso n nel c o m pensation an d benefits of the O ffice of A dministration nottoe x ceed $9,623, 0 00 shall be available for the personnel compensation and benefits of the Office of D epartmental Operations and C oordination; not to exceed $ 51 ,2 7 5,000 shall be available for the personnel compensation and benefits of the Office of F ield P olic y and M ana g ement; not to exceed $1 4 ,649,000 shall be available for the personnel compensation and benefits of the Office of the Chief Proc u rement Officer; not to exceed $35,197,000 shall be available for the personnel compensa - tion and benefits of the remaining staff in the Office of the Chief Financial Officer; not to exceed $ 8 9,062,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the G eneral Counsel; not to exceed $3,296,000 shall be available for the personnel compensation and benefits of the Office of Departmental Eq ual Employment Opportunity; not to exceed $1,393,000 shall be available for the personnel compensa- tion and benefits for the Center for Faith- B ased and Community I nitiatives; not to exceed $2,400,000 shall be available for the per- sonnel compensation and benefits for the Office of S ustainability; not to exceed $3,288,000 shall be available for the personnel com- pensation and benefits for the Office of Strategic Planning and Management; and not to exceed $249,870,000 shall be available for non-personnel expenses of the Department of H ousing and U rban Development
 * Provide

d, T hat, funds provided under this heading may be used for necessary administrative and non-adminis- trative expenses of the Department of Housing and Urban Develop- ment, not other w ise provided for, including purchase of uniforms, or allowances therefor, as authori z edby5U . S.C. 5901 – 5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109: Provided fu r th er, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the housing mission area: Provided further, That the Secretary of Housing and Urban Development is authorized to transfer funds appropriated for any office included in Administration, Operations and Manage- ment to any other office included in Administration, Operations and Management only after such transfer has been submitted to, and received prior written approval by, the House and Senate Committees on Appropriations: Provided further, That no appropria- tion for any office shall be increased or decreased by more than 10 percent by all such transfers. P ERSON NE L CO MP ENS ATI ON AN D BENE F ITS P UB LI C AND INDIAN H OUSIN G For necessary personnel compensation and benefits expenses of the Office of Public and Indian Housing, $197,074,000. COMMUNIT Y PLANNING AND DE V ELOPMENT For necessary personnel compensation and benefits expenses of the Office of Community Planning and Development mission area, $98,989,000. Transfe r a utho r i t y.


text: Dictionary of National Biography, 1885-1900/Moore, George Henry


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Page:United States Statutes at Large Volume 123.djvu/3096

 123STA T . 3 076PUBLIC LA W 111 – 117 —DE C. 16 , 200 9HOUSINGFornec e s s a r yp ersonne l co m pensa ti on an db ene f its e x penses oft h e O ffice of H o u sin g,$374 , 8 87, 0 00 . O F FI CE OF T HE GO V E R N M ENT N A TIONA L MORTGAGE ASSOCIATION For necessary personnel compensation and benefits expenses of the Office of the G o v ernment N ational M ortgage A ssociation, $ 1 1,0 95 ,000, to be derived from the GNMA guarantees of mortgage bac k ed securities guaranteed loan receipt account. P OLIC YD EVELOPMENT AND RESEARCH For necessary personnel compensation and benefits expenses of the Office of P olicy D evelopment and R esearch, $ 2 1,138,000. FAIR HOUSING AND E Q UAL OPPORTUNITY For necessary personnel compensation and benefits expenses of the Office of Fair Housing and Eq ual Opportunity, $71,800,000. OFFICE OF HEALTHY HOMES AND LEAD HA Z ARD CONTROL For necessary personnel compensation and benefits expenses of the Office of Healthy Homes and L ead Ha z ard C ontrol, $7,151,000. PU B LIC AND I NDIAN HOUSING TENANT - BASED RENTAL ASSISTANCE ( INCLUDING TRANSFER OF FUNDS ) For activities and assistance for the provision of tenant-based rental assistance authorized under the U nited S tates Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. ) ( ‘ ‘the Act ’ ’ herein), not other w ise provided for, $14,184,200,000, to remain available until expended, shall be available on October 1, 2009 (in addition to the $4,000,000,000 previously appropriated under this heading that will become available on October 1, 2009), and $4,000,000,000, to remain available until expended, shall be available on October 1, 2010
 * Provide

d, T hat of the amounts made available under this heading are provided as follows: (1) $1 6 ,339,200,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose vouchers initially funded in fiscal year 2008 and 2009 such as Family Unification, V eterans Affairs Supportive Housing Vouchers and Non-elderly Disabled Vouchers): Provided, That notwith- standing any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2010 funding cycle shall provide renewal funding for each public housing agency based on voucher management system (VMS) leasing and cost data for the most recent Federal fiscal year and by applying the most recent Annual Ad j ustment Factor as established by the Secretary,


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Page:United States Statutes at Large Volume 123.djvu/3097

 123STA T . 3 07 7 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9andbym a ki n g any n ec e s sa r yad ju s t ments fo rt h e costs associ - ated w ith de p osits to fami l y self-sufficiency program escrow accounts or first-time renewals including tenant protection or HOPEVIv ouchers
 * Provide

d fu r th er ,T hat none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which e x ceeds a public housing agency ’ s authori z ed level of units under contract, except for public housing agencies participating in the M oving to W ork demonstration, which are instead governed by the terms and conditions of their MTW agreements: Provided further, That the S ecretary shall, to the extent necessary to stay within the amount specified under this paragraph ( except as otherwise modified under this A ct ) , pro rate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the last two pro- visos, the entire amount specified under this paragraph (except as otherwise modified under this Act) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget not later than 60 days after enactment of this Act: Provided further, That the Secretary may extend the 60-day notification period with the prior written approval of the House and Senate C ommittees on Appropriations: Provided further, That public housing agen- cies participating in the Moving to Work demonstration shall be funded pursuant to their Moving to Work agreements and shall be subject to the same pro rata adjustments under the previous provisos: Provided further, That up to $15 0,000,000 shall be available only: (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of tenant- based rental assistance resulting from unforeseen cir- cumstances or from portability under section 8 (r) of the Act ( 2 ) for adjustments for public housing agencies with voucher leasing rates at the end of the calendar year that exceed the average leasing for the 12-month period used to establish the allocation; ( 3 ) for adjustments for the costs associated with VASH vouchers; or ( 4 ) for vouchers that were not in use during the 12-month period in order to be available to meet a commit- ment pursuant to section 8(o)(13) of the Act: Provided further, That the Secretary shall allocate amounts under the previous proviso based on need as determined by the Secretary: Provided further, That of the amounts made available under this para- graph, up to $100,000,000 may be transferred to and merged with the appropriation for ‘ ‘Transformation Initiative’’; (2) $120,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demol- ished or disposed of pursuant to the Omnibus Consolidated R escissions and Appropriations Act of 1 9 96 (Public L aw 104 – 134), conversion of section 23 projects to assistance under sec- tion 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a re q uest from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI vouchers, Notif i ca tio n.De a dl ine.


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Page:United States Statutes at Large Volume 123.djvu/3098

 123STA T . 3 078PUBLIC LA W 111 – 117 —DE C.1 6, 200 9mand a tory and v o lu ntary c onv e r si ons , and tenant p rotection assistance includin g replacement and relocation assistance or f or pro j ect b ased assistance to prevent t h e displacement of unassisted elderly tenants currently residing in section 20 2 properties financed bet w een 195 9and19 74 that are refinanced pursuant to P ublic L aw 10 6– 569, as amended, or under the authority as provided under this A ct
 * Provide

d, T hat the S ec - retary shall provide replacement vouchers for all units that were occupied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds 1,575,000,000 shall be for administrative and other e x penses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $50,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to admin- ister their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, V eterans Affairs Supportive H ousing vouchers, and other incremental vouchers: Provided, That no less than $1,525,000,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year 2010 funding cycle based on section 8( q ) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Q uality Housing and W or kR esponsibility Act of 1998 (Public Law 105–276): Provided fu r th er, That if the amounts made available under this paragraph are insufficient to pay the amounts determined under the previous proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this para- graph or may, to the extent necessary to provide full payment of amounts determined under the previous proviso, utili z e unobligated balances, including recaptures and carryovers, remaining from funds appropriated to the D epartment of Housing and U rban Development under this heading, for fiscal year 2009 and prior fiscal years, notwithstanding the purposes for which such amounts were appropriated: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities; (4) $60,000,000 shall be available for family self-sufficiency coordinators under section 23 of the Act; (5) $15,000,000 for incremental voucher assistance through the F amily Unification Program: Provided, That the assistance made available under this paragraph shall continue to remain available for family unification upon turnover: Provided further, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 204 (com- petition provision) of this title, to entities with demonstrated experience and resources for supportive services; (6) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, That the Secretary of Housing and Voucher e xt e nsi on . Vouchers.
 * (3)$


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Page:United States Statutes at Large Volume 123.djvu/3099

 123STA T . 3 079PUBLIC LA W 111 – 117 —DE C.1 6, 2009 UrbanDev e lopm en tsh all ma k es uc h f un di n g available , not -w ithstanding section 204( competition provision ) of this title, to public housing agencies that partner with eligible VAM edical C enters or other entities as designated b y the S ecretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency adminis- trative performance, and other factors as specified by the Sec- retary of H ousing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs
 * Provide

d fu r th er, T hat the Secretary of Housing and Urban Development may waive, or specify alternative re q uirements for (in consulta- tion with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (e x cept for requirements related to fair housing, nondiscrimina- tion, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative require- ments are necessary for the effective delivery and administra- tion of such voucher assistance: Provided further, That assist- ance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over .HOUSINGCERT I F IC A TE FUN D Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading ‘ ‘Annual Contributions for Assisted Housing ’ ’ and the heading ‘‘ P ro j ect- B ased R ental Assistance’’, for fiscal year 20 1 0 and prior years may be used for renewal of or amendments to section 8 project-based con- tracts and for performance-based contract administrators, notwith- standing the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1 97 4 and prior that have been terminated shall be cancelled: Provided further, That amounts heretofore recaptured, or recaptured during the current fiscal year, from project-based Section 8 contracts from source years fiscal year 197 5 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available. P U BL IC HOUSING CAPITAL FUND F or the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authori z ed under section 9 of the United States Housing Act of 19 3 7 (42 U.S.C. 1437g) (the ‘‘Act’’) $ 2,500,000,000, to remain avail- able until September 30, 2013: Provided, That notwithstanding any other provision of law or regulation, during fiscal year 2010 the Secretary of Housing and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and I ndian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes Defin i t i o n .C ont rac t s . T er m ination. V o u c h er e x tension. W ai v er authorit y .


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Page:United States Statutes at Large Volume 123.djvu/3100

 123STA T . 3 08 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9ofsuch s e c ti o n9(j), the te rm‘ ‘o bl i ga te ’ ’ means, w ith res p ect to amounts, that the amounts are subject to a bin d ing agreement that will result in outla y s, immediately or in the future
 * Provide

d fu r th er, T hat up to $15 , 34 5, 0 00 shall be to support the ongoing P ublic H ousing F inancial and Physical A ssessment acti v ities of the R eal E state Assessment C enter (REAC): Provided further, That of the total amount provided under this heading, not to e x ceed $ 2 0,000,000 shall be available for the S ecretary to ma k e grants, notwithstanding section 204 of this Act, to public housing agencies for emergency capital needs including safety and security measures necessary to address crime and drug - related activity as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford D isaster Relief and Emergency Act (42 U .S.C. 5121 et se q .) occurring in fiscal year 2010: Provided further, That of the amounts provided under this heading up to $40,000,000 may be for grants to be competitively awarded to public housing agencies for the construction, rehabilita- tion or purchase of facilities to be used to provide early education, adult education, job training or other appropriate services to public housing residents: Provided further, That grantees shall dem- onstrate an ability to leverage other Federal, State, local or private resources for the construction, rehabilitation or acquisition of such facilities, and that selected grantees shall demonstrate a capacity to pay the long-term costs of operating such facilities: Provided further, That of the total amount provided under this heading, $50,000,000 shall be for supportive services, service coordinators and congregate services as authori z ed by section 34 of the Act (42 U.S.C. 143 7 z –6 ) and the N ative American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Pro - vided further, That of the total amount provided under this heading upto$ 8 ,820,000 is to support the costs of administrative and judicial receiverships: Provided further, That from the funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2010 to public housing agencies that are designated high performers. PUBLICHO U S I NG OP ERAT ING F UN D( INCLUDING TRANSFER OF FUNDS ) For 2010 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,775,000,000: Provided, That, in fiscal year 2009 and all fiscal years hereafter, no amounts under this heading in any appropria- tions Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That of the amounts made available under this heading, up to $15,000,000 may be transferred to and merged with the appropria- tion for ‘‘Transformation I nitiative’’. RE V ITALI Z ATION OF SEVEREL Y DISTRESSED PUBLIC HOUSING (HOPE VI) For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants to projects as authorized by section 24 of the United States 42USC1 4 37gnote.B on usaw a rd s.


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Page:United States Statutes at Large Volume 123.djvu/3101

 123STA T . 3 08 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9HousingAct o f1937(42U.S . C . 1437 v),$ 2 0 0,000,000, to rema in avai l a b le until Se p tember 30, 2011, of wh ich the Secretar y of Housing an d Urban D evelopment may use up to $10,000,000 for technical assistance and contract e x pertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents
 * Provide

d, T hat none of such funds shall be used directly or indirectly by granting competitive advantage in awards to settle litigation or pay j udg - ments, unless expressly permitted herein: Provided fu r th er, That of the amounts provided under this heading, up to $ 65 ,000,000 may be available for a demonstration of the Choice N eighborhoods I nitiative (subject to such section 24 except as otherwise specified under the provisos for this demonstration under this heading) for the transformation, rehabilitation and replacement housing needs of both public and HUD-assisted housing and to transform neighbor- hoods of poverty into functioning, sustainable mixed income neighborhoods with appropriate services, public assets, transpor- tation and access to jobs, and schools, including public schools, community schools, and charter schools: Provided further, That for this demonstration, funding may also be used for the conversion of vacant or foreclosed properties to affordable housing: Provided further, That use of funds made available for this demonstration under this heading shall not be deemed to be public housing not- withstanding section 3(b)(1) of such Act: Provided further, That grantees shall commit to an additional period of affordability deter- mined by the Secretary, but not fewer than 20 years: Provided further, That grantees shall underta k e comprehensive local plan- ning with input from residents and the community: Provided fur - ther, That for the purposes of this demonstration, applicants may include local governments, public housing authorities, nonprofits, and for-profit developers that apply jointly with a public entity: Provided further, That such grantees shall create partnerships with other local organi z ations including assisted housing owners, service agencies and resident organizations: Provided further, That the Secretary shall develop and publish a Notice of F unding Availability for the allocation and use of such competitive funds in this dem- onstration, including but not limited to eligible activities, program re q uirements, protections and services for affected residents, and performance metrics. NATIVE A M E R I C AN HOUS IN GBL OC K GRANTS For the Native American Housing B lock G rants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), $700,000,000, to remain available until expended: Provided, That, notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race Census data and with the need component based on multi-race Census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further, That of the amounts made available under this heading, $3,500,000 Contrac t s.Publi cation. N otic e .


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Page:United States Statutes at Large Volume 123.djvu/3102

 123STA T . 3 08 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9shal l becontr acte df or ass i stance for a national or g ani z ation re p- resenting N ati v e Am erican ho u sing interests for providing training and technical assistance to I ndian housing authorities and triball y designated housing entities as authorized under NA H A SD A and $4,250 ,000 shall be to support the inspection of Indian housing units, contract e x pertise, training, and technical assistance in the training, oversight, and management of such Indian housing and tenant-based assistance, including up to $ 3 00,000 for related travel
 * Provide

d fu r th er, T hat of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title V I of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the C ongressional B udget Act of 197 4, as amended: Provided further, That these funds are available to subsidize the total prin- cipal amount of any notes and other obligations, any part of w hich is to be guaranteed, not to exceed $1 8 ,000,000 .NATIVEH A W AIIAN H OUS IN GBL O CK G R ANT F or the Native Hawaiian Housing Bloc kG rant program, as authorized under title VIII of the Native American Housing Assist- ance and Self-Determination Act of 199 6( 25 U .S.C. 4111 et se q . ) , $13,000,000, to remain available until expended: Provided, That of this amount, $300,000 shall be for training and technical assist- ance activities, including up to $100,000 for related travel by Hawaii-based HUD employees. IN D IAN HOUSING LOAN GUARANTEE F UND P ROGRA M ACCOUNT For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available until expended: Pro - vided, That such costs, including the costs 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, up to $919,000,000: Provided further, That up to $750,000 shall be for administrative contract expenses including management proc- esses and systems to carry out the loan guarantee program. NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), $1,044,000, to remain available until expended: Provided, That such costs, including the costs 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 $41,504,255.


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Page:United States Statutes at Large Volume 123.djvu/3103

 123STA T . 3 08 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9COM M UNITYPLA NNIN G AN DDEV ELO P MENT H OU S ING OPPO R TUNITIES F OR PERSONS W ITH AIDS Forca rr ying o ut t heH ou s ing Op portunities f or Persons w ith AI D S progra m, as authori z e db y the AIDS Housing Opportunity Act (42U. S.C. 1 2 90 1etse q . ) , $3 3 5 ,000,000, to remain a v ai l able until September 30, 2011, e x cept that amounts allocated pursuant to section 8 54(c)(3) of such Act shall remain available until Sep - tember 30, 2012
 * Provide

d, T hat the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section. C OMMUNITY DEVELOPMENT FUND For assistance to units of State and local government, and to other entities, for economic and community development activi- ties, and for other purposes, $4,450,000,000, to remain available until September 30, 2012, unless otherwise specified: Provided, That of the total amount provided, $3,990,0 6 8,480 is for carrying out the community development bloc k grant program under title I of the Housing and Community Development Act of 19 7 4, as amended (the ‘ ‘Act ’ ’ herein) (42 U.S.C. 5301 et seq.): Provided fu r -th er, That unless explicitly provided for under this heading (except for planning grants provided in the second paragraph and amounts made available under the third paragraph), not to exceed 20 percent of any grant made with funds appropriated under this heading shall be expended for planning and management development and administration: Provided further, That $65,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 204 of this Act), up to $3,960,000 may be used for emer- gencies that constitute imminent threats to health and safety. Of the amount made available under this heading, $172,843,570 shall be available for grants for the E conomic Development Initia- tive (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the explanatory statement accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations: Provided further, That, for fiscal years 2008, 2009 and 2010, no unobligated funds for EDI grants may be used for any purpose except acquisition, planning, design, purchase of equip- ment, revitalization, redevelopment or construction. Of the amount made available under this heading, $22,087,950 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and community revitalization in areas with population outmigration or a stagnating or declining economic base, or to determine whether housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this paragraph shall be provided in accordance with the terms and conditions specified in the explanatory statement accompanying this Act. The referenced explanatory statement under this heading in title II of division K of Public L aw 110 – 161 is deemed to be amended Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/3104

 123STA T . 3 084PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9bystrik i ng‘ ‘ OldTow n B oys a nd G irls C l u b ,A lbu q u e rque, NM , f or reno v ation of t h ee x isting Old Town Boys and Girls Club a c co m-p anied by construction of new areas for the Club ’ ’ and inserting ‘‘Old Town Boys and Girls Club, Albuquerque, NM, for renovation of the H eights Boys and Girls Club’’ . The referenced statement of the managers under this heading ‘‘Community P lanning and D evelopment’’ in title I I of division K of Public L aw 1 1 0– 1 6 1 is deemed to be amended by striking ‘‘Custer County, ID for acquisition of an unused middle school building’’ and inserting ‘‘Custer County, ID, to construct a community center’’. The referenced explanatory statement under this heading in division I of Public Law 111– 8 is deemed to be amended with respect to ‘‘Hawaii County Office of Housing and Community Development, HI’’ by striking ‘‘ S enior Housing R enovation Pro j ect’’ and inserting ‘‘Transitional Housing Project’’. The referenced statement of the managers under this heading ‘‘Community Planning and Development’’ in title II of division I of Public Law 111–8 is deemed to be amended by striking ‘‘Custer County, ID, to purchase a middle school building’’ and inserting ‘‘Custer County, ID, to construct a community center’’. The referenced explanatory statement under the heading ‘‘Community Development F und’’ in title II of division K of Public Law 110–161 is deemed to be amended with respect to ‘‘ E mergency Housing Consortium in San J ose, CA’’ by striking ‘‘for construction of the Sobrato Transitional Center, a residential facility for home- less individuals and families’’ and inserting ‘‘for improvements to homeless services and prevention facilities’’. Of the amounts made available under this heading, $ 1 5 0,000,000 shall be made available for a Sustainable Commu- nities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and z oning
 * Provide

d, That $100,000,000 shall be for Regional Integrated Planning Grants to support the linking of transportation and land use planning: Provided fu r th er, That not less than $ 2 5,000,000 of the funding made available for Regional Integrated Planning Grants shall be awarded to metropolitan areas of less than 500,000: Provided further, That $ 4 0,000,000 shall be for Community Challenge Planning Grants to foster reform and reduce barriers to achieve affordable, economically vital, and sustainable communities: Provided further, That before funding is made available for Regional Integrated Planning Grants or Commu- nity Challenge Planning Grants, the Secretary, in coordination with the Secretary of Transportation, shall submit a plan to the House and Senate Committees on Appropriations, the Senate Committee on Banking and U rban Affairs, and the House Committee on Finan- cial Services establishing grant criteria as well as performance measures by which the success of grantees will be measured: Pro - vided further, That the Secretary will consult with the Secretary of Transportation in evaluating grant proposals: Provided further, That up to $10,000,000 shall be for a joint Department of Housing and Urban Development and Department of Transportation research effort that shall include a rigorous evaluation of the Regional Integrated Planning Grants and Community Challenge Planning Grants programs: Provided further, That of the amounts made available under this heading, $25,000,000 shall be made available for the Rural Innovation Fund for grants to Indian tribes, State housing finance agencies, State community and / or economic Grants.N at iveAm eri c ans. Co ns ul tation. P lans. Grants. Grants.


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Page:United States Statutes at Large Volume 123.djvu/3105

 123STA T . 3 085PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9dev e lopm e ntag en ci e s, local ru ral nonpro f its and communit y development corporations to address t h e pro b lems of concentrated rural housing distress and community poverty
 * Provide

d fu r th er, T hat of the funding made available under the previous proviso, at least $5, 0 00,000 shall be made available to promote economic development and entrepreneurship for federally recogni z ed I ndian Tribes, through activities including the capitalization of revolving loan programs and business planning and development, funding is also made available for technical assistance to increase capacity through training and outreach activities: Provided further, That of the amounts made available under this heading, $ 2 5,000,000 is for grants pursuant to section 1 0 7 of the H ousing and C ommunity D evelopment A ctof1 9 7 4( 42 U.S .C. 5 3 07 ) . COM M UNITYDEV E L O P MENT LO A N G UA R ANTEE S PROGRAM ACCOUNT F or the cost of guaranteed loans, $ 6 ,000,000, to remain avail - able until September 30, 2011, as authorized by section 10 8 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional B udget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of w hich is to be guaran- teed, not to e x ceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 108( k ) of the Housing and Community Development Act of 1974, as amended. B RO W N F IELDS REDEVELOPMENT For competitive economic development grants, as authorized by section 108( q ) of the Housing and Community Development Act of 1974, as amended, for Brownfields redevelopment pro j ects, $17,500,000, to remain available until September 30, 2011: Pro - vided, That no funds made available under this heading may be used to establish loan loss reserves for the section 108 Community Development L oan G uarantee program. H OME INVESTMENT PARTNERSHIPS PROGRAM For the H OME investment partnerships program, as authorized under title II of the Cranston-Gonzalez N ational Affordable Housing Act, as amended, $1,825,000,000, to remain available until Sep- tember 30, 2012: Provided, That, funds provided in prior appropria- tions Acts for technical assistance, that were made available for Community Housing Development Organizations technical assist- ance, and that still remain available, may be used for HOME technical assistance notwithstanding the purposes for which such amounts were appropriated. SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity P rogram, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $82,000,000, to remain available until September 30, 2012: Provided, That of the total amount provided under this heading, $27,000,000 shall be made available to the Self-Help and Assisted Homeownership Opportunity Grants.N at iveAm eri c ans.