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 123STA T .90 3 PUBLIC LA W 111 –8—M A R .11, 2009 pres er v e cult ur a l tra di ti on s and pro m ote sustaina b le develop - ment and environmental conservation in T ibetan communities int h e Tibetan A utonomous R e g ion and in other Tibetan communities in C hina .( b )BURMA . — ( 1 ) The S ecretar y o f the Treasury shall instruct the U nited States e x ecutive director to each appropriate international financial institution in w hich the United States participates , to oppose and vote against the extension by such institution any loan or financial or technical assistance or any other utili z a- tion of funds of the respective ban k to and for Burma. ( 2 ) O f the funds appropriated by this Act under the heading ‘ ‘ E conomic Support F und ’ ’, not less than $ 1 5, 0 00,000 shall be made available to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders
 * Pro-vide

d , That such funds may be made available notwithstanding any other provision of law: Provided fu r th er, That in addition to assistance for Burmese refugees provided under the heading ‘‘ M igration and Refugee Assistance’’ in this Act, not less than $ 4 ,000,000 shall be made available for community-based organizations operating in Thailand to provide food, medical and other humanitarian assistance to internally displaced per- sons in eastern Burma: Provided further, That funds made available under this paragraph shall be sub j ect to the regular notification procedures of the Committees on Appropriations. (c) INDO N ESI A.— (1) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing P rogram’’, not to exceed $15, 7 00,000 shall be made available for assistance for Indo- nesia, of which $2,000,000 shall be made available only after the Secretary of State submits to the Committees on Appropria- tions the report on Indonesia detailed in the explanatory state- ment described in section 4 (in the matter preceding division A of this consolidated Act) under such heading. (2) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Indonesia, not less than $ 3 00,000 should be made available for grants for capacity building of Indonesian human rights organizations, including in Papua. (d) CAM B ODIA.—Funds appropriated under the heading ‘‘Eco- nomic Support Fund’’ in this Act for assistance for Cambodia may be used for an endowment, and shall be made available to strengthen the capacity of the G overnment of Cambodia to combat human trafficking, notwithstanding any other provision of law. (e) N OR THK OREA.— (1) Funds made available under the heading ‘‘Migration and Refugee Assistance’’ in this Act shall be made available for assistance for refugees from North Korea. (2) Of the funds made available under the heading ‘‘Inter- national Broadcasting Operations’’ in title I of this Act, not less than $ 8 ,000,000 shall be made available for broadcasts into North Korea. (3) None of the funds made available under the heading ‘‘Economic Support Fund’’ in fiscal year 200 9 may be made Energy.D e t er mi n a ti o n. R e p ort s . Re fu gees. H uman traffi ck ing. Reports. N otification. Th ai l an d . L oans. 50USC17 01 note.


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Page:United States Statutes at Large Volume 123.djvu/924

 123STA T .904PUBLIC LA W 111 –8—M A R .11, 2009 av a il a b l efor obli g a t io n for energ y- relate d a s sistan c e for N ort hK orea u nless the S ecretary of State deter m ines and re p orts to the C ommittees on A ppropriations that North Korea is con- tinuing to fulfill its commitments under the Si xP arty T al k s agreements .( f ) P EOPL E ’SR EP UB L IC O F C H I NA . — ( 1 ) Not w ithstanding any other provision of law and sub j ect to the regular notification procedures of the Committees on Appropriations , of the funds appropriated under the heading ‘ ‘ D evelopment Assistance’’ in this Act, not less than $ 11, 0 00,000 shall be made available to U nited States educational institu- tions and nongovernmental organi z ations for programs and activities in the People’s Republic of China relating to the environment, governance and the rule of law. ( 2 ) None of the funds appropriated under the heading ‘‘Dip- lomatic and Consular Programs’’ in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People’s Republic of China unless, at least 1 5 days in advance, the Committees on Appropriations are notified of such proposed action. ( 3 ) Not later than 1 8 0 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing, to the extent practicable, the amount of assistance provided by the People’s Republic of China to governments and entities in L atin America and Africa during the previous calendar year, and shall make such report publicly available in a timely manner on the website of the Department of State and the United States Agency for I nternational Development in E nglish and M andarin. ( 4 ) O f the funds appropriated under the heading ‘‘Diplo- matic and Consular Programs’’ in this Act, $1,000,000 shall be made available to the B ureau of International Information Programs to disseminate information, in Mandarin, in the Peo- ple’s Republic of China
 * Provide

d , That such information shall include issues of governance, transparency, corruption, rule of law, and the environment, and the findings of the report re q uired by paragraph (3) of this subsection, and shall be disseminated through the Internet, text messaging or other means, and directed to economically depressed areas of the People’s Republic of China: Provided fu r th er, That such funds are in addition to funds otherwise made available for such purposes: Provided further, That the Department of State shall consult with the Committees on Appropriations prior to the initial obligation of funds made available by this subsection. (5) The terms and requirements of section 6 20(h) of the F oreign Assistance Act of 1 9 61 shall apply to foreign assistance projects or activities of the People’s Liberation Army (PLA) of the People’s Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. Ap p licab ili ty.Peo ple ’sL ibe r atio n Ar m y. C ons u ltation. W eb postin g . T e x t messaging. M an d arin. D eadline. R eports. Web posting. Mandarin. E xports and imports. Deadline. N oti f ication. Notification.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/925

 123STA T .905PUBLIC LA W 111 –8—M A R .11, 2009 (g)PHIL I P PI NES.—Ofthe f undsap p ro pr i ated by this Ac t under the heading ‘ ‘ F oreign M i l itary Financing Progra m’ ’, nottoe x ceed $30 ,000,000 may be made a v ailable for assistance for the Phil - ippines, of w hich $ 2 ,000,000 may not be obligated until the S ec- retary of State reports in writing to the C ommittees on Appropria- tions that— ( 1 ) the G overnment of the Philippines is ta k ing effective steps to implement the recommendations of the U nited N ations Special R apporteur on E xtra- j udicial, Summary or Arbitrary Executions, to include prosecutions and convictions for extrajudicial executions sustaining the decline in the number of extra-judicial executions; addressing allegations of a death s q uad in D avao City; and strengthening government institu- tions working to eliminate extra-judicial executions; (2) the Government of the Philippines is implementing a policy of promoting military personnel who demonstrate professionalism and respect for internationally recogni z ed human rights, and is investigating and prosecuting military personnel and others who have been credibly alleged to have violated such rights; and (3) the Philippine Armed Forces do not have a policy of, and are not engaging in, acts of intimidation or violence against members of legal organizations who advocate for human rights. (h) V IE T N AM .—Notwithstanding any other provision of law, funds appropriated under the heading ‘‘Development Assistance’’ in this Act may be made available for programs and activities in the central highlands of Vietnam, and shall be made available for environmental remediation and related health activities in Vietnam. SE RB IA SE C . 7 072. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Serbia after May 31, 200 9, if the President has made the determination and certification contained in subsection (c). (b) After May 31, 2009, the Secretary of the T reasury should instruct the United States executive directors to the international financial institutions to support loans and assistance to the Govern- ment of Serbia subject to the conditions in subsection (c). (c) The determination and certification referred to in subsection (a) is a determination and a certification by the President to the Committees on Appropriations that the Government of Serbia is— (1) cooperating with the I nternational Criminal Tribunal for the former Y ugoslavia including access for investigators, the provision of documents, timely information on the location, movement, and sources of financial support of indictees, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law. (d) This section shall not apply humanitarian assistance or assistance to promote democracy. Det e rmina ti o n .C erti f i c ation. R at k o Ml a d ic. Re p ort s .


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Page:United States Statutes at Large Volume 123.djvu/926

 123STA T .906PUBLIC LA W 111 –8—M A R .11, 2009 INDEP ENDEN TS T A TES OF T H EFO RM ER SO V IET U NION S E C.70 7 3 . (a)None o fth ef u n ds a p p r opr i ated under the headin g‘ ‘ A ssistan c e for E urope , Eurasia and C entra l Asia ’ ’ shall b e m ade a v ailable for assistance for a government of an I ndependent State of the former Soviet U nion if that government directs an y action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the H elsin k i F inal Act
 * Provide

d, T hat such funds may be made available w ithout regard to the restriction in this subsection if the P resident determines that to do so is in the national security interest of the United States. (b) Funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ for the R ussian Federation, Armenia, K a z akhstan, and Uzbekistan shall be sub j ect to the reg - ular notification procedures of the Committees on Appropriations. (c)( 1 ) O f the funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are allocated for assist- ance for the G overnment of the Russian Federation, 6 0 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation — (A) has terminated implementation of arrangements to pro- vide Iran with technical e x pertise, training, technology, or e q uipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capa- bility and ( B ) is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. ( 2 ) Paragraph (1) shall not apply to— (A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; and (B) activities authorized under title V (Nonproliferation and D isarmament Programs and Activities) of the FREEDO M Support Act. (d) Section 9 07 of the FREEDOM Support Act shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1 4 24 of Public L aw 104 – 201 or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee or other assist- ance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.); ( 5 ) any financing provided under the Export-Import Bank Act of 1945; or (6) humanitarian assistance. Presid e nt.D eter m in a ti o n. C erti f i c ation. N otification. President. Determination.


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Page:United States Statutes at Large Volume 123.djvu/927

 123STA T .907PUBLIC LA W 111 –8—M A R .11, 2009 REP RE S S ION IN TH ER U SSI A N F E D ERATION S E C.70 7 4 . (a)None o fth ef u n ds a p p r opr i ated under the headin g‘ ‘ A ssistan c e for E urope , Eurasia and C entra l Asia ’ ’ in this Act m a yb emadea v ailable for the G overnment of the R ussian F ederation, after 18 0 days from the date of the enactment of this Act, unless the P resident determines and certifies in w riting to the Committees on Appropriations that the Government of the Russian Federation (1) has implemented no statute, E x ecutive order, regulation or similar government action that would discrimi - nate, or which has as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party and ( 2 ) is (A) honoring its international obligations regarding freedom of expression, assembly, and press, as well as due process; ( B ) investigating and prosecuting law enforcement personnel credibly alleged to have committed human rights abuses against political leaders, activists and j ournalists; and (C) immediately releasing political leaders, activists and journalists who remain in detention. (b) T he Secretary of State may waive the re q uirements of subsection (a) if the Secretary determines that to do so is important to the national interests of the U nited States. CENTRA L ASIA SEC. 707 5 . (a) Funds appropriated by this Act may be made available for assistance for the Government of K a z a k hstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights and civil liberties during the preceding 6 month period, including by fulfilling obligations recommended by the O rganization for Security and Cooperation in Europe (OSCE) in the areas of election proce- dures, media freedom, freedom of religion, free assembly and minority rights, and by meeting the commitments it made in connec- tion with its assumption of the Chairmanship of the OSCE in 2010. (b) The Secretary of State may waive subsection (a) if the Secretary determines and reports to the Committees on Appropria- tions that such a waiver is important to the national security of the United States. (c) Not later than October 1, 200 9, the Secretary of State shall submit a report to the Committees on Appropriations describing the following: (1) The defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia during the 12-month period ending 3 0 days prior to submission of such report. (2) The use during such period of defense articles, defense services, and financial assistance provided by the United States by units of the armed forces, border guards, or other security forces of such countries. (d) For purposes of this section, the term ‘‘countries of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan. Defin i t i o n . De adl ine. W ai v e r a u t h orit y . K a z a k h s tan. Deter m inations. R e p orts. Waiver authority. Determination. T ime period. P resident. Determination. C ertifi c ation.


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Page:United States Statutes at Large Volume 123.djvu/928

 123STA T .908PUBLIC LA W 111 – 8 —M A R .11, 2009 UZBEKISTANS E C.70 7 6 . (a)Funds a p p ro pr i a te d by t h is Ac t m ay be made a v ai l able f or assistance for the central G overnment of Uz be k istan only if the Secretary of State determines and reports to the C ommit - tees on Appropriations that the Government of Uzbekistan is makin g substantial and continuing progress — ( 1 ) in meeting its commitments under the ‘ ‘ D eclaration on the Strategic P artnership and Cooperation Frame w ork B etween the R epublic of Uzbekistan and the United States of America ’ ’, including respect for internationally recognized human rights, establishing a genuine multi-party system, and ensuring free and fair elections, freedom of e x pression, and the independence of the media and ( 2 ) in investigating and prosecuting the individuals respon- sible for the deliberate killings of civilians in Andi j an in M ay 200 5 . (b) I f the Secretary of State has credible evidence that any current or former official of the Government of Uzbekistan was responsible for the deliberate killings of civilians in Andijan in May 2005, or for other violations of internationally recognized human rights in Uzbekistan, not later than 6 months after enact- ment of this Act any person identified by the Secretary pursuant to this subsection shall be ineligible for admission to the United States. (c) T he restriction in subsection (b) shall cease to apply if the Secretary determines and reports to the Committees on Appro- priations that the Government of Uzbekistan has taken concrete and measurable steps to improve respect for internationally recog- nized human rights, including allowing peaceful political and reli- gious expression, releasing imprisoned human rights defenders, and implementing recommendations made by the United N ations on torture. (d) The Secretary may waive the application of subsection (b) if the Secretary determines that admission to the United States is necessary to attend the United Nations or to further United States law enforcement objectives. (e) For the purpose of this section ‘‘assistance’’ shall include excess defense articles. A FGH ANISTAN SEC. 7077. O f the funds appropriated under titles III and I V of this Act, not less than $ 1,0 4 1, 9 50,000 should be made available for assistance for Afghanistan, of which not less than $100,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, including for the Afghan Independent H uman Rights Commission, the Afghan Ministry of W omen’s Affairs, and for women-led nonprofit organizations in Afghanistan. ENTE RP RISE FUN D S SEC. 707 8 . (a) Prior to the distribution of any assets resulting from any li q uidation, dissolution, or winding up of an E nterprise Fund, in whole or in part, the President shall submit to the Commit- tees on Appropriations, in accordance with the regular notification Presid e nt.No ti f i ca tion. D istri bu tion pl an. Definition. W ai v er aut h orit y . Deadline. H u m an ri g hts. Determinations. R eports.


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Rh the abundance of the prosperous also supports the cause of the poor; therefore they became milder and were reconciled on being granted a release from their debts and from seizures therefor. These terms, then, were voted by the senate.

And it did not seem to be inconsistent with human nature, and to many others also, some willingly, some unwillingly ...

Whenever a large number of men band together and seek their own advantage by violence, they have for the time being some equitable agreement and display boldness, but later they become divided and are punished on various pretexts.

were not for the wealth possessed by the rich, the poor would not have in times of need persons to lend to them and would perish under the pressure of want. Thereupon they became milder and were reconciled, after the senate had voted a lightening of their debts and release from seizures therefor.

15. They feared, however, that when their league had been disbanded they might either find their agreements ineffectual or might be harmed through their separation, being arrested and punished one after another on various pretexts. So they formed a compact to lend aid to one another in case any one of them should be wronged in any particular; and they took oaths to this effect and forthwith elected from their own number two representatives, — and afterward still more, — in order that each class might


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Page:United States Statutes at Large Volume 123.djvu/929

 123STA T .90 9 PUBLIC LA W 111 –8—M A R .11, 2009 procedu re s o fth e C o m m i ttees o nA ppropri a tions , ap l an for the distri b ution of the assets of the E nterprise F und .( b ) Funds made a v ailable under titles I II throu g h V I of this Act for Enterprise Funds shall be e x pended at the minimum rate necessar y to ma k e timely payment for pro j ects and activities and shall be subject to the regular notification procedures of the Committees on Appropriations. UNITED N A TI O N SP OPU L ATION F UND S E C . 70 7 9 . (a) CONT R I B UTION. —O f the funds made available under the headings ‘ ‘International Organi z ations and P rograms ’ ’ and ‘‘ G lobal H ealth and Child Survival’’ in this Act for fiscal year 2 009, $5 0,000,000 shall be made available for the U nited N ations Population Fund (UNFPA), of w hich not more than $ 3 0,000,000 shall be derived from funds appropriated under the heading ‘‘Inter - national Organizations and Programs’’. (b) A V AILABILIT Y OF FUNDS.—Funds appropriated by this Act for UNFPA, that are not made available because of the operation of any provision of law, shall be made available to UNFPA notwith- standing any such provision of law, subject to the regular notifica- tion procedures of the Committees on Appropriations, only for the following purposes and subject to the provisions of this section— ( 1 ) provide and distribute e q uipment, medicine, and sup- plies, including safe delivery kits and hygiene kits, to ensure safe childbirth and emergency obstetric care (2) make available supplies of contraceptives for the preven- tion of unintended pregnancies and the spread of sexually trans- mitted infections, including HIV / AI D S; (3) prevent and treat cases of obstetric fistula; ( 4 ) reestablish maternal health services in areas where medical infrastructure and such services have been destroyed or limited by natural disasters, armed conflict, or other factors; (5) promote abandonment of female genital mutilation and cutting and child marriage; and ( 6 ) promote access to basic services, including clean water, sanitation facilities, food, and health care, for poor women and girls. (c) PRO H IBITION ON USE OF FUNDS IN CHINA.—None of the funds made available by this Act may be used by UNFPA for a country program in the People’s R epublic of China. (d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made avail- able by this Act for UNFPA may be made available if— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. (e) REPORT TO CON G RESS AND W ITHOLDING OF FUNDS.— (1) Not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of funds that the UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China. (2) If the report under this subparagraph indicates that the UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the Aborti o n.N oti f i ca tion.


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Page:United States Statutes at Large Volume 123.djvu/930

 123STA T .9 1 0PUBLIC LA W 111 –8—M A R .11, 2009 repo r t, t h e n the am o u nto fs u c h fun d s the UNFPA p l ans to spend i n the People ’ s R epu b lic of C hina shall be deducted from the funds made a v ailable to the UNFPA after M arch 1 for obli g ation for the remainder of the fiscal y ear in w hich the report is submitted .PROHIB I T IO N ONP U B L I C IT Y OR PROP AG AN D A SE C. 708 0. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authori z ed before the date of the enactment of this Act by the Congress
 * Provide

d ,T hatnottoe x ceed $25 ,000 may be made available to carry out the provisions of section 3 1 6 of Public L aw 9 6 – 533. OPIC ( INCLUDING TRAN SF ER OF FUNDS ) SEC. 7081. ( a ) AUTHORITY. — Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) through (c) of section 23 4 of such Act shall remain in effect through September 30, 2009. (b) FUNDING.— W henever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total of $20,000,000 of the funds appropriated under title I II of this Act may be transferred to, and merged with, funds appropriated by this Act for the O verseas Private Investment Cor - poration Program Account, to be sub j ect to the terms and conditions of that account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided fu r th er, That designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropria- tions. E X TRADITION SEC. 7082. (a) None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings ‘ ‘International Narcotics Control and Law E nforce- ment’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, D emining and Related Assistance’’) for the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprison- ment without the possibility of parole or for k illing a law enforce- ment officer, as specified in a United States extradition re q uest. (b) Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty. (c) The Secretary of State may waive the restriction in sub- section (a) on a case-by-case basis if the Secretary certifies to Waiver a utho rit y.C erti f i c atio n . Ap p l ica b ility. N otification. P re s i d ent. D eter m ination. T ermination date. 2 2 US C2 194 note.


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Page:United States Statutes at Large Volume 123.djvu/931

 123STA T .9 11 PUBLIC LA W 111 –8—M A R .11, 2 0 09 theCom m i ttee s o nAp p r opri a tions that s uc h w ai v er is important to the nationa l interests o f the U nite dS tates .EN E RGYA N D EN VI R O N M EN T SE C . 7083 . ( a ) C L EAN E NERGY. —O f the funds appropriated by title I II of this Act , not less than $1 00,000,000 shall be made available to the United States A g ency for International D evelop - ment (USAID), in addition to funds otherwise made available for such purposes, for programs and activities that reduce global warming by promoting the sustainable use of renewable energy technologies and energy efficient end-use technologies, carbon se q uestration, and carbon accounting. (b) CLIMATE C H ANGE ADA P TATION.—Of the funds appropriated by this Act, up to $10,000,000 shall be made available for a United States contribution to the L east Developed Countries F und to sup- port grants for climate change adaptation programs and activities, if the G lobal Environment Facility ma k es publicly available on its website an annual report detailing the criteria used to determine which programs and activities receive funds, the manner in which such programs and activities meet such criteria, the e x tent of local involvement in such programs and activities, the amount of funds provided, and the results achieved. (c) B IODIVER S ITY.—Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2 00 9, not less than $19 5 ,000,000 shall be made available for programs and activities which directly protect biodiversity, including tropical forests and wildlife, in developing countries, of which not less than $25,000,000 shall be made available for USAID ’ s conservation programs in the Ama z on Basin
 * Provide

d ,T hat of the funds made available under this paragraph, not less than $17,500,000 shall be made available for the Congo Basin Forest P artnership of which not less than $2,500,000 shall be made available to the United States Fish and W ildlife Service for conservation programs in Africa: Pro - vided fu r th er, That funds appropriated by this Act to carry out the provisions of sections 103 through 10 6, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwith- standing any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided further, That funds appropriated under the heading ‘ ‘Development Assistance’’ may be made available as a contribution to the Gala- pagos Invasive Species Fund. (d)(1) E X TRACTION O FN AT U RAL R ESOURCES.—The Secretary of the Treasury shall inform the managements of the international financial institutions and the public that it is the policy of the United States to oppose any assistance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of oil, gas, coal, timber, or other natural resource unless the government of the country has in place functioning systems for: (i) accurately accounting for payments for companies involved in the extraction and export of natural resources (ii) the independent auditing of accounts receiving such payments and the widespread public dissemination of the findings of such audits; and (iii) verifying government receipts against com- pany payments including widespread dissemination of such pay- ment information, and disclosing such documents as H ost Govern- ment Agreements, Concession Agreements, and bidding documents, Webposting.D e adl ine. R epo r ts.


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Page:United States Statutes at Large Volume 123.djvu/932

 123STA T .9 12 PUBLIC LA W 111 –8—M A R .11, 2 0 09 al l owing in an ysuchd iss em ina t ion o r disclosure f or the redaction of , ore x ce p tions for, information that is commercially proprietary or that would create competiti v e disadvantage .(2)N ot later than 180 days after the enactment of this A ct, the S ecretary of the T reasury shall su b mit a report to the C ommit - tees on Appropriations describing, for each international financial institution, the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other natural resources in the preceeding 12 months, and whether each institution considered, in its proposal for such assistance, the extent to which the country has functioning systems described in para- graph (1). PROHIB I T IO N ON PRO M OTION O F TOB AC CO S E C. 7 08 4 . None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco prod- ucts, or to see k the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied e q ually to all tobacco or tobacco products of the same type. COMMERCIA L LEA S IN G OF D EFENSE ARTICLES SEC. 708 5 . Notwithstanding any other provision of law, and sub j ect to the regular notification procedures of the Committees on Appropriations, the authority of section 2 3 (a) of the Arms E xport Control Act may be used to provide financing to I srael, Egypt and NAT O and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from U nited States commercial suppliers, not including M ajor D efense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the P resident determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. ANTI- K LEPTOCRAC Y SEC. 708 6 . (a) In furtherance of the National Strategy to Inter- nationali z e Efforts Against K leptocracy and Presidential Proclama- tion 7750, the Secretary of State shall compile and maintain a list of officials of foreign governments and their immediate family members who the Secretary has credible evidence have been involved in corruption relating to the extraction of natural resources in their countries. (b) Any individual on the list compiled under subsection (a) shall be ineligible for admission to the United States. (c) The Secretary may waive the application of subsection (b) if the Secretary determines that admission to the United States is necessary to attend the United Nations or to further United States law enforcement objectives, or that the circumstances which caused the individual to be included on the list have changed sufficiently to justify the removal of the individual from the list. (d) Not later than 9 0 days after enactment of this Act and 180 days thereafter, the Secretary of State shall report in writing, in classified form if necessary, to the Committees on Appropriations Deadlin e s.R e port s. C lassi f ied infor m ation. W ai v era u t h orit y . Determination. Re c ords. 8US C 1 18 2 note. N otification. P resident. Determination. Deadline. Reports.


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Page:United States Statutes at Large Volume 123.djvu/933

 123STA T .9 13 PUBLIC LA W 111 –8—M A R .11, 2 0 09 describ i ngth ee v idence of corr up tion concerning individu al s listed pursuant to subsection ( a ).TRAIN IN G AN DEQU I PM ENT REP O RT SS E C . 708 7. (a) T he annual foreign m ilitar y training report re q uired by section 65 6ofthe F oreign A ssistance Act of 19 61 shall be submitted by the Secretary of D efense and the Secretary of State to the C ommittees on Appropriations by the date specified in that section. (b) N ot later than 90 days after enactment of this Act , the Secretary of State, in consultation w ith other relevant U nited States G overnment agencies, shall submit to the Committees on Appropria - tions a report detailing the equipment to be purchased with funds appropriated or otherwise made available under the headings ‘ ‘Andean Counterdrug P rograms ’ ’, ‘‘ I nternational Narcotics Control and L aw E nforcement’’, and ‘‘Foreign M ilitary Financing Program’’ in this Act
 * Provide

d , That such report shall include a description of the anticipated costs associated with the operation and mainte- nance of such equipment in subsequent fiscal years: Provided fu r -th er, That for the purposes of this subsection, ‘‘equipment’’ shall be defined as any aircraft, vessel, boat or vehicle. TRANSPARENC Y AND ACCOUNTA B I L ITY SEC. 7088. (a) UNITED NATIONS. — Funds made available by this Act shall be made available to continue reform efforts at the United Nations: Provided, That not later than September 3 0, 2 009, the Secretary of State shall submit a report to the Committees on Appropriations detailing actions ta k en by United Nations organi z ations under the headings ‘‘Contributions to International O rganizations’’ and ‘‘International Organizations and Programs’’ to continue reform of United Nations financial management systems and program oversight. (b) W ORLD B AN K .—Section 668(c)(1) of the Consolidated Appro- priations Act, 2008 (Public Law 110 – 161) is amended by striking ‘‘that’’ and inserting ‘‘on the e x tent to which’’. (c) NATIONAL BUDGET TRANSPARENCY.— (1) None of the funds appropriated by this Act may be made available for assistance for the central government of any country that fails to make publicly available on an annual basis its national budget, to include income and expenditures. (2) The Secretary of State may waive the requirements of paragraph (1) on a country-by-country basis if the Secretary reports to the Committees on Appropriations that to do so is important to the national interest of the United States. DISABILITY PROGRAMS SEC. 7089. (a) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $4 ,000,000 shall be made available for programs and activities administered by the United States Agency for International Development (USAID) to address the needs and protect the rights of people with disabilities in developing countries, and for programs to make publicly available information on independent living, advocacy, edu- cation, and transportation for people with disabilities and disability Waiver a utho rit y.R e p ort s . P u bl i c i nf or m ation. D ea d line. 12 1 S tat. 2 35 1. Deadline. Reports.


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Page:United States Statutes at Large Volume 123.djvu/934

 123STA T .9 1 4PUBLIC LA W 111 –8—M A R .11, 2 0 09 advoc ac y o rg a niz a t ion s ind e ve l o p ing co u ntries , including f ort h e cost of translation .(b)F unds appropriated under the heading ‘ ‘ O perating Ex penses ’ ’ in title I I of this A ct shall be m ade available to develop and implement training for staff in overseas US AI D missions to promote the full inclusion and e q ual participation of people w ith disabilities in developing countries. (c) T he Secretary of State, the Secretary of the Treasury, and the USAID Administrator shall see k to ensure that, where appro - priate, construction pro j ects funded by this Act are accessible to people with disabilities and in compliance with the USAID P olicy on Standards for Accessibility for the Disabled, or other similar accessibility standards. (d) Of the funds made available pursuant to subsection (a), not more than 7 percent may be for management, oversight and technical support. ORPHANS , DI SP L A CE DANDA B ANDONED CHILDREN SEC. 7 09 0. Of the funds appropriated under title III of this Act, $3 ,000,000 should be made available for activities to improve the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment, address the needs of orphans, displaced and abandoned children and provide perma- nent homes through family reunification, guardianship and domestic adoptions
 * Provide

d , That funds made available under title III of this Act should be made available, as appropriate, con- sistent with — ( 1 ) the goal of enabling children to remain in the care of their family of origin, but when not possible, placing children in permanent homes through adoption ( 2 ) the principle that such placements should be based on informed consent which has not been induced by payment or compensation; (3) the view that long-term foster care or institutionaliza- tion are not permanent options and should be used when no other suitable permanent options are available; and ( 4 ) the recognition that programs that protect and support families can reduce the abandonment and exploitation of chil- dren. SRI LAN K A SEC. 7091. (a) N one of the funds appropriated by this Act under the heading ‘‘Foreign M ilitary Financing Program’’ may be made available for assistance for Sri L anka, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, until the Secretary of State certifies to the C ommittee on Appropriations that— (1) the Sri Lankan military is suspending and the G overn- ment of Sri Lanka is bringing to justice members of the military who have been credibly alleged to have violated internationally recognized human rights or international humanitarian law, including complicity in the recruitment of child soldiers; (2) the Government of Sri Lanka is providing access to humanitarian organizations and journalists throughout the country consistent with international humanitarian law; and Certif i ca ti on.


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Page:United States Statutes at Large Volume 123.djvu/935

 123STA T .9 1 5PUBLIC LA W 111 –8—M A R .11, 2 0 09 (3)theGov e rnm ent o fS r iLa n k aha s a g ree d to the esta bl ishment of a field p resen c eofthe O ffice of the U nited N ations H igh C ommissioner for H u man R ights in Sri Lanka w ith sufficient staff and mandate to conduct full and unfettered monitoring throughout the countr y and to publici z e its findings . (b) Subsection (a) shall not apply to technology or e q uipment made available for the limited purposes of maritime and air surveil - lance , including communications equipment previously committed or approved for the limited purposes of air and maritime surveil- lance. EXPORT - IM PORT BANK RE SC ISSION ( INC LUD IN G RESCISSIONS ) SEC. 7092 . (a) Of the funds appropriated under the heading ‘ ‘Subsidy A ppropriation ’ ’ for the Ex port- I mport B ank of the United States that are available for tied-aid grants in prior Acts making appropriations for foreign operations, export financing, and related programs, $1 7,000,000 are rescinded. (b) Of the unobligated balances available under the heading ‘‘Subsidy Appropriation’’ for the Export-Import Bank of the United States in P ublic Law 109 – 102, $27,000,000 are rescinded. T his division may be cited as the ‘‘ D epartment of State, F oreign Operations, and Related Programs Appropriations Act, 2009’’. DI V ISION I — TRANSPORTATION, HOUSING AND URBAN DE- VELOP M ENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009 TITLE I DEPARTMENT OF TRANSPORTATION O F FICE OF T H E SECRETAR Y SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $9 8 ,2 4 8,000, of which not to exceed $2,400,000 shall be available for the immediate Office of the Secretary not to exceed $7 5 9,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,838,000 shall be available for the Office of the General Counsel; not to exceed $10,107,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $10,200,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,400,000 shall be available for the Office of the Assistant Sec- retary for Governmental Affairs; not to exceed $2 6 ,000,000 shall be available for the Office of the Assistant Secretary for Administra- tion; not to exceed $2,020,000 shall be available for the Office of Public Affairs; not to exceed $1,595,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,369,000 shall be available for the Office of Small and Disadvantaged Busi- ness Utilization; not to exceed $8,675,000 for the Office of Intel- ligence, Security, and Emergency Response; and not to exceed $12,885,000 shall be available for the Office of the Chief Information Officer
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d, That the Secretary of Transportation is authorized Transfe r a utho r i t y. Trans p ortation ,H ousin g an dU r b an D e v e l op m ent, and R elated A gen c ies Appropriations Act, 20 0 9 . Department of Transportation Appropriations Act, 2009.


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Page:United States Statutes at Large Volume 123.djvu/936

 123STA T .9 1 6PUBLIC LA W 111 –8—M A R .11, 2 0 09 to t ransfe rf u n d sa p propr i ated for an y offi c eoft h e O ffice of the S ecretary to any other office of the Office of the Secretary
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d fu r th er ,T hat no appropriation for any office sha l l b e increased or decreased by m ore than 5 percent by all such transfers: Provided further, That notice of any chan g e in funding greater than 5 percent shall be submitted for appro v al to the H ouse and Senate C ommit - tees on A ppropriations: Provided further, That not to e x ceed $60 ,000 shall be for allocation w ithin the D epartment for official reception and representation expenses as the Secretary may determine: Pro - vided further, That notwithstanding any other provision of law, excluding fees authori z ed in P ublic L aw 1 0 7– 71, there may be credited to this appropriation up to $ 2 ,500,000 in funds received in user fees: Provided further, That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs: Provided further , That of the funds provided under this heading, $100,000 shall be provided through reimburse- ment to the Department of Transportation ’ s Office of I nspector G eneral to audit the W or k ing Capital F und’s financial statements .FINA N C IA LM ANA GE MEN T CA P ITAL For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems, and re- engineering business processes, $5,000,000, to remain available until expended. O FFICE OF CI V IL R IG H T S For necessary expenses of the Office of Civil R ights, $ 9, 384 ,000. TRANSPORTATION PLANNING, RESEARCH, AN D DEVELOPMENT For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $18,300,000. W OR K ING CAPITAL F U ND N ecessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $128,094,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transpor- tation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Depart- ment shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or pro j ect funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. MINORIT YB USINESS RESOURCE CENTER PROGRAM For the cost of guaranteed loans, $353,000, as authorized by 49 U .S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Notice.Aud it s . Notice.


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Page:United States Statutes at Large Volume 123.djvu/937

 123STA T .9 1 7PUBLIC LA W 111 –8—M A R .11, 2 0 09 Congres s i on alBud ge tAc to f1974:Provide d fu r th er ,Th at these funds are a v aila b le to subsidi z e total loan p rincipal, an y part of w hich is to be guaranteed, not to e x ceed $ 1 8, 36 7, 0 00 .I n addition, for ad m inistrative expenses to carry out the guaranteed loan pro - gram, $ 5 59,000. MINOR I TYBUS IN E SS OUTRE ACHF or necessary expenses of M inority Business R esource Center outreach activities, $3,056,000, to remain available until S eptember 30, 2 010: Provided, That notwithstanding 49 U .S.C. 332, these funds may be used for business opportunities related to any mode of transportation. P AYMENTS TO AIR CARRIERS ( AIRPORT AN D AIR W AY TRUST F UND ) (INC L UDIN G TRANSFER OF FUNDS) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $73,013,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Pro - vided, That, in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy re q uirements of the carriers: Provided further, That, if the funds under this heading are insufficient to meet the costs of the essential air service program in the current fiscal year, the Secretary shall transfer such sums as may be necessary to carry out the essential air service program from any available amounts appropriated to or directly administered by the O ffice of the Secretary for such fiscal year. COMPENSATION FOR AIR CARRIERS (RESCISSION) Of the amounts made available under this heading, all unobli- gated balances as of the date of enactment of this Act are hereby permanently rescinded. ADMINISTRATI V E PROVISIONS — OFFICE OF THE SECRETARY OF TRANSPORTATION SEC. 101. The Secretary of Transportation is authorized to transfer the unexpended balances available for the bonding assist- ance program from ‘ ‘Office of the Secretary, Salaries and expenses ’ ’ to ‘‘Minority Business Outreach’’. SEC. 102. N one of the funds made available in this Act to the D epartment of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. SEC. 103. None of the funds made available under this Act may be obligated or expended to establish or implement a program under which essential air service communities are required to As s e ss m e nt s .Co nt rac ts. T rans f er a u t h or i t y .


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Page:United States Statutes at Large Volume 123.djvu/938

 123STA T .9 1 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 as s ume su b s idyco s t s commo nl y r e f erred to as t h e EAS local p artici - pation pro g ram . S EC. 104 . T he Secretary or his or her designee may engage in acti v ities w ith States and State legislators to consider proposals related to the reduction of motorcycle fatalities. F E D E RAL A VI A T I ON AD M INI S TRATION O P ERATIONS ( AIRPORT AND AIR W A Y TR U ST F UND ) For necessary e x penses of the Federal Aviation Administration , not otherwise provided for, including operations and research activi- ties related to commercial space transportation, administrative expenses for research and development, establishment of air naviga- tion facilities, the operation ( including leasing ) and maintenance of aircraft, subsidi z ing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by P ublic L aw 10 8– 1 76, $9 ,04 2 ,467,000, of which $ 5 ,2 3 8,005,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $7,099,019,000 shall be available for air traffic organization activities not to exceed $1,164,597,000 shall be avail- able for aviation safety activities; not to exceed $14,094,000 shall be available for commercial space transportation activities; not to exceed $111,004,000 shall be available for financial services activi- ties; not to exceed $96,091,000 shall be available for human resources program activities; not to exceed $331,000,000 shall be available for region and center operations and regional coordination activities; not to exceed $180,859,000 shall be available for staff offices; and not to exceed $46,500,000 shall be available for informa- tion services
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d, That not to exceed 2 percent of any budget activity, except for aviation safety budget activity, may be trans- ferred to any budget activity under this heading: Provided fu r th er, That no transfer may increase or decrease any appropriation by more than 2 percent: Provided further, That any transfer in excess of 2 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary utilize not less than $10,000,000 of the funds provided for aviation safety activities to pay for staff increases in the O ffice of Aviation Flight Standards and the Office of Aircraft C ertification: Provided further, That not later than M arch 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in D ecember 2004 pursuant to section 221 of Public Law 108– 176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March 31 that such report has not been submitted to the Congress: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the develop- ment of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation Userf ees .G r ant s. S afet y stan d ards. Fi nes. D ead l ines. R e po rts. 49 US C 44 506 note.


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Page:United States Statutes at Large Volume 123.djvu/939

 123STA T .9 19 PUBLIC LA W 111 –8—M A R .11, 2 0 09 tha t wouldpr o m ul g at en ewa vi ation u s er f ees not spe c ificall y authori z ed b y law after the date of the enactment of this A ct
 * Provide

d fu r th er ,T hat there may be credited to this appropriation funds received from S tates, counties, municipalities, foreign authori - ties, other public authorities, and private sources, for e x penses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including air- man, aircraft, and repair station certificates, or for tests related thereto, or for processing ma j or repair or alteration forms: Provided further, That of the funds appropriated under this heading, not less than $9, 0 00,000 shall be for the contract tower cost-sharing program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5U. S. C . 55 46( a ) to any F ederal Aviation Administration employee unless such employee actually performed wor k during the time corresponding to such premium pay: Provided further, That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the W orking Capital Fund: Provided further, That none of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certifi- cate through use of a G overnment-issued credit card. FACIL I T I ES A ND E QU I PM ENT ( AI R P O RT AND AIR W A Y TRUST FUND ) For necessary expenses, not otherwise provided for, for ac q uisi- tion, establishment, technical support services, improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment, as authorized under part A of subtitle VI I of title 49, United States Code, including initial acquisition of necessary sites by lease or grant engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Fed- eral Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $ 2, 7 42,095,000, of which $2,2 81 ,595,000 shall remain available until September 3 0, 2011, and of which $460,500,000 shall remain available until September 30, 2009: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That upon initial submission to the Congress of the fiscal year 2010 P resident ’ s budget, the Secretary of Transpor- tation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2010 through 2014, with total funding for each year of the plan con- strained to the funding targets for those years as estimated and approved by the O ffice of M anagement and B udget: Provided fur - ther , That the Secretary of Transportation shall conduct an analysis that compares the current status of air traffic management and Study. Su bmis si on d a t e . I n v estment pl an. Pr emium pay.


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Page:United States Statutes at Large Volume 123.djvu/940

 123STA T .9 2 0PUBLIC LA W 111 –8—M A R .11, 2009 thena t io na l ai rsp a c es y ste m to the planne d architect u reo f the ‘ ‘ne x t g eneration ’ ’ air transportation system
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d fu r th er ,T hat upon initial su b mission to the C ongress of the fiscal year 201 0 P resident’s budget , the S ecretary of Transportation shall transmit to the Congress an interim architecture for the ‘‘next generation’’ air transportation system that establishes a list of priority capabili - ties to be achie v ed by 201 7 and provides an estimated cost for each of those priorities .RES E A R CH ,E NGI NEERING, AN D DE V E LOPM EN T( AIRPORT AND AIR W A Y TR U ST F UND )F or necessary expenses, not other w ise provided for, for research, engineering, and development, as authori z ed under part A of subtitle VI I of title 49, U nited States Code, including construc- tion of experimental facilities and ac q uisition of necessary sites by lease or grant, $ 171,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 3 0, 2011: Provided, That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development. GRANTS-IN-AID FOR AIRPORTS (LI Q UIDATION OF CONTRACT AUTHORI Z ATION) (LIMITATION ON O B LIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) For liquidation of obligations incurred for grants-in-aid for air- port planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 47 5 of title 49, United States Code, and under other law authorizing such obligations for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspec- tion activities and administration of airport safety programs, including those related to airport operating certificates under sec- tion 4470 6 of title 49, United States Code, $3,600,000,000 to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,514,500,000 in fiscal year 2009, notwithstanding section 47117 ( g ) of title 49, United States Code: Provided further, That none of the funds under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bul k explo- sive detection systems: Provided further, That notwithstanding any other provision of law, of funds limited under this heading, not more than $ 8 7,454,000 shall be obligated for administration, not less than $15,000,000 shall be available for the airport cooperative research program, not less than $19,348,000 shall be for Airport Technology R esearch, and $8,000,000, to remain available until Explosived e t e c tio n s y ste m s .Sub mission d a te. I nte r im arc h itecture. C ost estimate.


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Page:United States Statutes at Large Volume 123.djvu/941

 123STA T .9 21 PUBLIC LA W 111 –8—M A R .11, 2 0 09 exp e nd ed ,shal l b ea v a i lable and tr ans f erred t o‘ ‘ O ffi c eofthe S ec - retar y , Salaries and E xpenses ’ ’tocarryo u ttheS m all C ommunity A ir Service D evelopment P ro g ram .(RESCI SSI ON) Of the amounts authori z ed under sections 48103 and 4811 2 of title 4 9, U nited States Code, $ 80,000,000 are permanently rescinded from amounts authorized for the fiscal year ending Sep- tember 30, 2009. ADM INIS T RATI V E P ROVISIONS —F EDERA L AVIATION ADMINISTRATION SEC. 110. N one of the funds in this Act may be used to com- pensate in excess of 6 00 technical staff-years under the federally funded research and development center contract bet w een the F ed- eral Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2009. SEC. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations re q uiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting
 * Provide

d, T hat the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ‘‘below-mar k et’’ rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. SEC. 112. The Administrator of the Federal Aviation Adminis- tration may reimburse amounts made available to satisfy 49 U.S.C. 41 7 42 ( a ) (1) from fees credited under 49 U.S.C. 4 5 303: Provided, That during fiscal year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. SEC. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. SEC. 114. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New J ersey. SEC. 115. (a) No funds provided in this Act may be used by the Secretary of Transportation to promulgate regulations or take any action regarding the scheduling of airline operations at any commercial airport in the United States if such regulation or action involves: (1) the auctioning by the Secretary or the FAA Adminis- trator of rights or permission to conduct airline operations at such an airport, (2) the implementation by said Secretary or Administrator of peak-period or other forms of congestion pricing at such an airport, (3) either: (A) withdrawal by the Secretary or Administrator of a right or permission to conduct operations at such an Airl i nesch e du les .N e wJ erse y .


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Page:United States Statutes at Large Volume 123.djvu/942

 123STA T .9 22 PUBLIC LA W 111 –8—M A R .11, 2 0 09 airpo r t(exc ept wh e n the with d rawa l i sf or operational rea - sons or p u rsuant to the ter m s or conditions of such oper- atin g right or permission ), or ( B )re q uiring a carrier to transfer in v oluntaril y any such right or permission to another person, ( 4 ) the charging b y the S ecretary or A dministrator of a fee for the right or permission to use navigable airspace at such an airport, or ( 5 ) requiring or providing incentives or disincentives to airport proprietors to ta k e such actions themselves . (b) N othing in this section shall be construed to ( 1 ) prohibit the Secretary or the Administrator from imposing per-operation limitations on airports for the purpose of alleviating congestion at such airports, ( 2 ) prohibit individual airports from implementing peak- period or other congestion pricing at such airports, consistent with regulations pertaining to airport rates and charges, or ( 3 ) limit the ability of a State, political subdivision of a State, or political authority of at least two States that owns or operates a commercial airport from carrying out its propri- etary powers and rights. S EC . 11 6 . None of the funds limited by this Act for grants under the Airport I mprovement P rogram shall be made available to the sponsor of a commercial service airport if such sponsor fails to agree to a request from the Secretary of T ransportation for cost-free space in a non-revenue producing, public use area of the airport terminal or other airport facilities for the purpose of carrying out a public service air passenger rights and consumer outreach campaign. SEC. 11 7 . W ithin 6 0 days of the publication date of any G overn- ment Accountability O ffice report reviewing the F ederal Aviation Administration ’ s pro j ect to redesign the airspace over the New Y ork, New J ersey, and Philadelphia region, the Administrator of the Federal Aviation Administration shall report in writing to the C ommittee on Appropriations and the Committee on Commerce, Science, and Transportation, on actions the agency intends to take in order to address any concerns and recommendations identified in the Government Accountability Office report. SEC. 11 8 . The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal R egulations, or such other regulations as may be issued by the Secretary under the authority of section 4170 9 ) an amount equal to the minimum apportionment specified in 49 U .S.C. 47114(c), if the Secretary determines that airport had more than 10,000 passenger boardings in the preceding calendar year, based on data submitted to the Secretary under part 241 of title 14, Code of Federal Regulations. FE D E RALHIGHW A Y AD M I N I ST RATI O N LIMITATION ON ADMINISTRATI V EE XP ENSES ( INCL U DING TRANS F ER OF FUNDS ) Not to exceed $ 390,000,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made Ap p orti o nme nt .D e adl ine. R eport s .


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Page:United States Statutes at Large Volume 123.djvu/943

 123STA T .9 23 PUBLIC LA W 111 –8—M A R .11, 2 0 09 av a il a b l e b yth i sAc tt o the F e d e r al H i g h w ay Ad m i n istration f or necessary e xp enses for administration and operation .I n addition , not to exceed $3, 524 , 0 00 shall be paid from appropriations made available by this Act and transferred to the D epartment of T ransportation ’ s O ffice of Inspector G eneral for costs associated with a u dits and investigations of pro j ects and programs of the Federal Highway Administration, and not to exceed $300,000 shall be paid from appropriations made available by this Act and provided to that office through reimbursement to conduct the annual audits of financial statements in accordance with section 352 1 of title 31, U nited S tates C ode. In addition, not to exceed $3,124,000 shall be paid from appropriations made available by this Act and trans - ferred to the Appalachian R egional Commission in accordance with section 104 of title 23, United States Code. FED E RAL -A I D H I G H W A YS( LI M I T ATI ON ONO B LIGATIONS ) (HIGHWAY TR U ST FUND) N one of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $40, 7 00,000,000 for Federal-aid highways and high- way safety construction programs for fiscal year 200 9:Provide d, That within the $40,700,000,000 obligation limitation on Federal- aid highways and highway safety construction programs, not more than $429, 8 00,000 shall be available for the implementation or execution of programs for transportation research ( chapter 5 of title 23, United States Code sections 111, 5505, and 550 6 of title 49, United States Code; and title 5 of P ublic L aw 109 – 59 ) for fiscal year 2009: Provided fu r th er, That this limitation on transpor- tation research programs shall not apply to any authority previously made available for obligation: Provided further, That the Secretary may, as authori z ed by section 605(b) of title 23, United States Code, collect and spend fees to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Govern- ment of servicing such credit instruments: Provided further, That such fees are available until expended to pay for such costs: Pro - vided further, That such amounts are in addition to administrative expenses that are also available for such purpose, and are not subject to any obligation limitation or the limitation on administra- tive expenses under section 608 of title 23, United States Code. (LI Q UIDATION OF C ONTRACT AUTHORI Z ATION) (HIGHWAY TRUST FUND) For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, not otherwise pro- vided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308, $41,439,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund (other than the M ass Transit Account), to remain available until expended. 23USC104note.


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Page:United States Statutes at Large Volume 123.djvu/944

 123STA T .9 2 4PUBLIC LA W 111 –8—M A R .11, 2 0 09 (RESCI SSI ON) ( H I G H WAYT R U ST F UN D ) Oftheunobliga te d balan c e s of funds a p po r tioned to each S tate under chapter 1 of title 23,U nited States C ode, $ 3,1 50 ,000,000 are per m anentl y rescinded
 * Provide

d, T hat such rescission shall not apply to the funds distributed in accordance w ith sections 130 ( f ) and 10 4 (b)(5) of title 23, United States Code sections 133(d)(1) and 1 6 3 of such title, as in effect on the day before the date of enactment of P ublic L aw 10 9– 59; and the first sentence of section 133(d)(3)( A ) of such title: Provided fu r th er , That notwith - standing section 1132 of Public Law 110–140, in administering the rescission re q uired under this heading, the Secretary of Transportation shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies . A P PA L ACHIAN DE V ELOP M ENT HIGHWAY SYSTEM F or necessary e x penses for W est V irginia corridor H of the Appalachian D e v elopment Highway System as authori z ed under section 1069(y) of Public Law 102–240, as amended, $9,500,000, to remain available until expended. DENALI ACCESS SYSTEM PROGRAM For necessary expenses for the Denali Access System Program as authorized under section 1960 of Public Law 109–59, $5, 7 00,000, to remain available until expended. ADMINISTRATIVE PROVISIONS — FEDERAL HIGHWAY ADMINISTRATION (INCLUDING RESCISSIONS) SEC. 120. (a) For fiscal year 2009, the Secretary of Transpor- tation shall— (1) not distribute from the obligation limitation for Federal- aid highways amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; programs funded from the administrative ta k edown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of the Safe, Accountable, Flexible, E fficient Transportation Equity Act: A Legacy for Users); the highway use tax evasion program; and the B ureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated bal- ance of amounts made available from the Highway Trust Fund (other than the M ass Transit Account) for Federal-aid highways and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary; (3) determine the ratio that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under para- graphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated 23USC104note.


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 123STA T .9 2 5PUBLIC LA W 111 –8—M A R .11, 2 0 09 forp ro vis io n sof lawde s c ri b ed in para g rap h s (1)t hro u gh ( 9 ) of subsection (b) and su m s authori z ed to be appropriated for section 1 05 of title 23,U nited S tates C ode, e q ual to the amount referred to in subsection (b)(10) for such fiscal y ear), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection ( 4 )( A ) distribute the obligation limitation for F ederal - aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the Safe, Accountable, Fle x ible, E fficient T ransportation Equity Act A L egacy for Users; sections 11 7 (but individually for each pro j ect numbered 1 through 3 6 76 listed in the table con- tained in section 1702 of the Safe, Accountable, Flexible, Effi- cient Transportation Equity Act: A Legacy for Users) and sec- tion 144(g) of title 23, United States Code; and section 14501 of title 40, United States Code, so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for that section for the fiscal year; and ( B ) distribute $ 2,000,000,000 for section 105 of title 23, United States Code; (5) distribute the obligation limitation provided for Federal- aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under para- graph (4), for each of the programs that are allocated by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code (other than to programs to which para- graphs (1) and (4) apply), by multiplying the ratio determined under paragraph (3) by the amounts authorized to be appro- priated for each such program for such fiscal year; and (6) distribute the obligation limitation provided for Federal- aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under para- graphs (4) and (5), for Federal-aid highways and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appa- lachian development highway system program) that are appor- tioned by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code, in the ratio that — (A) amounts authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to (B) the total of the amounts authorized to be appro- priated for such programs that are apportioned to all States for such fiscal year . (b) E XCEPTIONS F R O MOBL I GA TION LIMITATION.—The obligation limitation for Federal-aid highways shall not apply to obligations: (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 197 8 (3) under section 9 of the Federal-Aid H ighway Act of 1981; (4) under subsections (b) and (j) of section 131 of the Surface Transpor- tation Assistance Act of 1982; (5) under subsections (b) and (c)


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 123STA T .9 2 6PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofsecti o n149 oft h e Sur f a ce T rans p ortation an dU nifor mR e l ocation A ssistance Act of 19 87;(6) under sections 11 03 throu g h 1108 of the I ntermodal Surface Transportation E fficienc y Act of 1991; (7) under section 1 5 7 of title 2 3, United States C ode, as in effect on the day b efore the date of the enactment of the Transportation E q uity Act for the 21st Century; (8) under section 105 of title 23, United States Code, as in effect for fiscal years 1998 through 2004, but only in an amount equal to $ 639,000,000 for each of those fiscal years; (9) for F ederal - aid high w ay programs for which obligation authority was made a v ailable under the Transportation Equity Act for the 21st Century or subsequent public laws for multiple years or to remain available until used, but only to the e x tent that the obligation authority has not lapsed or been used; (10) under section 105 of title 23, United States Code, but only in an amount equal to $639,000,000 for each of fiscal years 2005 through 2009; and (11) under section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act A L egacy for Users, to the extent that funds obligated in accordance with that section were not sub j ect to a limitation on obligations at the time at which the funds were initially made available for obligation . (c) R EDISTR I BU TI ON O F UNUSED O B L I GA TION AUT H ORIT Y . —N ot- withstanding subsection (a), the Secretary shall, after August 1 of such fiscal year, revise a distribution of the obligation limitation made available under subsection (a) if the amount distributed cannot be obligated during that fiscal year and redistribute suffi- cient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving pri- ority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code. (d) A P PLI C ABILITY OF OBLIGATION LI M ITATIONS TO TRANSPOR- TATION RESEARCH P ROGRAMS.—The obligation limitation shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, and title V (research title) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) REDISTRIBUTION OF CERTAIN AUTHORI Z ED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds that— (A) are authori z ed to be appropriated for such fiscal year for Federal-aid highways programs; and ( B ) the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. (2) RATIO.—Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (a)(6). Deadlin e . Di str i bu ti o n date.


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Page:United States Statutes at Large Volume 123.djvu/947

 123STA T .9 2 7PUBLIC LA W 111 –8—M A R .11, 2 0 09 (3)AVAIL A B ILI TY.—Funds d i s tr i b ut e d under pa ra g rap h ( 1 ) sha l lbea v ailable fo ran y purposes des c ribed in section 133(b) of title 2 3 ,U nited S tates C ode. (f) S PEC IAL L I M ITATI ON C H A R ACTERI S TICS.— O bligation li m ita - tion distributed for a fiscal year under subsection (a)( 4 ) for the provision specified in subsection (a)(4) shall— (1) remain available until used for obligation of funds for that provision and (2) be in addition to the amount of any limitation imposed on obligations for Federal-aid high w ay and highway safety construction programs for future fiscal years. (g) H I G H P RIORITY PRO J ECT FLE X IBILITY.— (1) I N GENERAL.—Sub j ect to paragraph (2), obligation authority distributed for such fiscal year under subsection (a)(4) for each project numbered 1 through 3 67 6 listed in the table contained in section 17 0 2 of the Safe, Accountable, Fle x ible, E fficient T ransportation E q uity Act A Legacy for Users may be obligated for any other project in such section in the same State. (2) R ESTORATION.—Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for the next fiscal year following obligation under paragraph (1). (h) LIMITATION ON STAT U TORY CONSTRUCTION.— N othing in this section shall be construed to limit the distribution of obligation authority under subsection (a)(4)(A) for each of the individual projects numbered greater than 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by the B ureau of Transportation Statistics from the sale of data prod- ucts, for necessary expenses incurred pursuant to 4 9 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provide d, That such funds shall be subject to the obligation limitation for Federal- aid highways and highway safety construction. SEC. 122. In addition to amounts provided in this or any other Act for fiscal year 2009, $ 143,031,303, to be derived from the Highway Trust Fund (other than the M ass Transit Account), shall be available for the Transportation, Community, and System Preservation Program under section 1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109 –5 9; 119 Stat. 1144, 1177–1179): Provided , That all funds made available under this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act: Provided fu r th er, That such funds shall be administered in accordance with section 1117(g)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. SEC. 123. Of the amounts made available under section 104(a) of title 23, United States Code, $33,401,492 are permanently rescinded. SEC. 124. Of the unobligated balances of funds made available in fiscal year 2005 and prior fiscal years for the implementation or execution of programs for transportation research, training and


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Page:United States Statutes at Large Volume 123.djvu/948

 123STA T .9 2 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 education, and tec h no l o gy de p loy m ent including intelligent t r an s portation systems, $1 1, 756 ,5 2 7 are permanently rescinded .SEC . 125. T here is here b y appropriated to the Secretary o f Transportation $161, 3 26,625 for surface transportation priorities
 * Provide

d , That the amount pro v ided by this section shall be made available for the programs, pro j ects and activities identified under this section in the e x planatory statement accompanying this A ct: Provided fu r th er, That funds provided by this section, at the re q uest of a State, shall be transferred by the Secretary to another F ederal agency: Provided further, That the Federal share payable on account of any program, project, or activity carried out w ith funds set aside by this section shall be 1 0 0 percent: Provided further, That the sums set aside by this section shall remain available until expended: Provided further, That none of the funds set aside by this section shall be subject to any limitation on obligations for Federal - aid highways and highway safety construction programs set forth in this Act or any other Act. SEC. 126. N ot less than 15 days prior to waiving, under his or her statutory authority, any B uy America requirement for Fed- eral-aid highway projects, the Secretary of Transportation shall ma k e an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropria- tions C ommittees of the Congress on any waivers granted under the Buy America requirements. SEC. 127. Notwithstanding any other provision of law, funds made available in P ublic L aw 110 – 161 for ‘ ‘Bridge over Broadway, M issoula to R attlesnake National Recreation Area, MT ’ ’ shall be available for a new pedestrian and bicycle-friendly at-grade crossing of E ast Broadway Street in Missoula, Montana. SEC. 12 8 . ( a )ING ENE RAL . — Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authori z e the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that— (1) as of the date of enactment of this Act, is not tolled (2) is constructed with Federal assistance provided under title 23, U nited States Code; and (3) is in actual operation as of the date of enactment of this Act. (b) E X CE PTIO N S .— (1) N UMB ERO F TOLL LANES.—Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of non- toll lanes as were in existence prior to that date. (2) H I GH -OCCUPANC YV EHICLE LANES.—A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a non-toll lane for purposes of determining whether a highway will have fewer non-toll lanes than prior to the date of imposition of the toll, if— (A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless Texas.Mont ana. R e p o r ts. D ea dli ne. N oti c e. Pub lic co m ments. 23USC 3 1 3 note.


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Page:United States Statutes at Large Volume 123.djvu/949

 123STA T .9 29 PUBLIC LA W 111 –8—M A R .11, 2 0 09 otherwis es p e c i f ie dby the a ppropriate co un ty , town, m unic - ipa l or other local g o v ernment entity, or public toll road or transit authority or (B) each high-occupancy vehicle lane that was con- verted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority .SEC . 129 . (a) I nthee x planatory statement referenced in section 129 of division K of P ublic L aw 11 0– 1 6 1 (121 Stat. 2 38 8), the item relating to ‘ ‘ R oute 116 and Bay Road Intersection and Road Improvements, A mherst, M A ’ ’ in the table of pro j ects for such section 129 is deemed to be amended by inserting ‘‘, including Bi k e, Pedestrian, or O ther Off Road Paths’’ after ‘‘Improvements’’. (b) In the explanatory statement referenced in section 129 of division K of Public Law 110–161 (121 Stat. 2388), the item relating to ‘‘ H ighway 7 7 Rail G rade Separation, Marion, AR’’, in the table of projects for such section 129 is deemed to be amended by striking ‘‘Highway 77 Rail Grade Separation, Marion, AR’’ and inserting ‘‘B N S F main line overpass within the Marion, Arkansas, planning jurisdiction’’. (c) In the explanatory statement referenced in section 186 of division K of Public Law 110–161 (121 Stat. 2 4 06), in the table of projects under the heading ‘‘Federal Highway Administration — Federal-Aid Highways (Limitation on Obligations)—Federal Lands’’ in division K of such explanatory statement, the item relating to ‘‘ U .S. Forest Highway 4, W inston C ounty, Alabama’’ is deemed to be amended by striking ‘‘Highway 4’’ and inserting ‘‘Highway 9’’. (d) In the explanatory statement referenced in section 186 of division K of Public Law 110–161 (121 Stat. 2406), the item relating to ‘‘Street Improvements in Burnham, IL’’ in the table of projects under the heading ‘‘ T ransportation, Community and System Preservation Program’’ is deemed to be amended by striking ‘‘Street Improvements in Burnham, IL’’ and inserting ‘‘Repair of Side Streets and Relocation of Water Mains resulting from rerouting of traffic and reconstruction of 1 5 9th Street in Harvey, IL’’. (e) In the explanatory statement referenced in section 186 of division K of Public Law 110–161 (121 Stat. 2406), the item relating to ‘‘Street Improvements in Thornton, IL’’ in the table of projects under the heading ‘‘Transportation, Community and System Preservation Program’’ is deemed to be amended by striking ‘‘Street Improvements in Thornton, IL’’ and inserting ‘‘ E ngineering, Right-of-Way, and Construction of J oe Orr Road Extension and Main Street Project in Lynwood, IL’’. (f) Funds made available from the amount appropriated under the heading ‘‘Federal Highway Administration—Highway D em- onstration Projects’’ of title I of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102– 143) for the Miller Highway from 59th Street to 72nd Street, west side of Manhattan, New Y ork, and from the amount appro- priated under the heading ‘‘Federal Highway Administration—High- way Projects’’ of title I of the Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law 102–388) for design improvements on Miller Highway, New York City, New York, shall be made available for the project specified in item 4599 of section 1702 of SAFETEA–LU (Public Law 109–59), as


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Page:United States Statutes at Large Volume 123.djvu/950

 123STA T .9 3 0PUBLIC LA W 111 –8—M A R .11, 2009 amend ed byth e SAFET EA –LU Te c hn i ca lCor rection s Act o f20 0 8(Pu blic La w1 10–2 4 4 ). S EC . 1 3 0. N otwithstandin g any other p ro v ision of law , any une x pended amounts available for obligation for item number 48 under section 110 6 (b) of Public Law 102–240 (10 5 Stat. 2046) for the Southern State Par k way I mprovement pro j ect shall be available for obligation and expenditure on the I– 9 0 connector, R ensselaer County, New Y ork, including reimbursement for expenses incurred on such connector prior to the date of enactment of this section. SEC. 131. (a) The table contained in section 1 7 02 of the Safe, Accountable, Flexible, Efficient Transportation E q uity Act A Legacy for Users (119 Stat. 1256) is amended by striking the project description for item number 189 and inserting the following: ‘ ‘Plan - ning, design, engineering, environmental analysis, acquisition of rights-of-way, and construction for the Long V alley B ypass ’ ’. (b) The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended by striking the project description for item number 3546 and inserting the following: ‘‘Port of Coos Bay to acquire and repair the Coos Bay Line’’. FE D E RALMOT OR CARR I ER SA F ET Y AD M I N I S TRATION MOTOR CARRIER SAFETY O P ERATIONS AND PRO G RAMS ( LI QU IDATION OF CONTRACT AUT H ORI Z ATION ) (LIMITATION ON O B LIGATIONS) (HIGH W AY TRUST FUND) (INCLUDING RESCISSION) For payment of obligations incurred for administration of motor carrier safety operations and programs pursuant to section 31104(i) of title 49, United States Code, and sections 4127 and 4134 of Public Law 109–59, $ 234,000,000, to be derived from the H ighway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Car- rier Safety Administration, the sum of which shall remain available until expended: Provide d , That none of the funds derived from the Highway Trust Fund in this Act shall be available for the implementation, execution or administration of programs, the obligations for which are in excess of $234,000,000, for ‘‘Motor Carrier Safety O perations and Programs’’, of which $8,500,000, to remain available for obligation until September 30, 2011, is for the research and technology program and $1,000,000 shall be available for commercial motor vehicle operator’s grants to carry out section 4134 of Public Law 109–59: Provided fu r th er, That notwithstanding any other provision of law, none of the funds under this heading for outreach and education shall be available for transfer: Provided further, That the Federal Motor Carrier Safety Administration shall transmit to Congress a report on March 30, 2009 and September 30, 2009 on the agency’s ability to meet its requirement to conduct compliance reviews on high-risk carriers: Provided further, That $4,839,259 in unobligated balances are permanently rescinded. Reports.D e adlin es. N e wY or k .


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Page:United States Statutes at Large Volume 123.djvu/951

 123STA T .9 31 PUBLIC LA W 111 –8—M A R .11, 2 0 09 MOT O RCA RR IE R S A F ET YG RA N TS (L I QU I D ATION OF CONTRACT AUT H ORI Z ATION ) (LIMITATION ON O B LIGATIONS) (HIGH W AY TRUST FUND) (INCLUDING RESCISSION) Forpayment o f o blig ation s in cu rre d in carrying out sections 31 1 02, 3110 4( a ) , 3110 6, 3110 7 , 3110 9 , 31309, 31313 of title 49, U nited S tates C ode, and sections 4126 and 412 8 of P ublic L a w 109 –5 9, $ 307,000,000, to be deri v ed from t h e H ighway T rust Fund (other than the M ass Transit A ccount) and to remain available until e x pended
 * Provide

d , That none of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $307,000,000, for ‘ ‘Motor Carrier Safety G rants ’ ’ of which $209,000,000 shall be available for the motor carrier safety assistance program to carry out sections 31102 and 31104(a) of title 49, United States Code; $25,000,000 shall be available for the commercial driver’s license improvements program to carry out section 31313 of title 49, United States Code; $32,000,000 shall be available for the border enforcement grants program to carry out section 31107 of title 49, United States Code; $5,000,000 shall be available for the performance and registration information system management program to carry out sections 31106(b) and 31109 of title 49, United States Code; $25,000,000 shall be available for the commercial vehicle information systems and networ k s deployment program to carry out section 4126 of Public Law 109–59; $3,000,000 shall be available for the safety data improvement program to carry out section 4128 of Public Law 109–59; and $8,000,000 shall be available for the commercial driver’s license information system moderni z ation program to carry out section 31309(e) of title 49, United States Code: Provided fu r -th er, That of the funds made available for the motor carrier safety assistance program, $29,000,000 shall be available for audits of new entrant motor carriers: Provided further, That $6,502,558 in unobligated balances are permanently rescinded . MOTOR CARRIER SAFETY (HIGHWAY TRUST FUND) (RESCISSION) O f the amounts made available under this heading in prior appropriations Acts, $2,231,259 in unobligated balances are perma - nently rescinded. NATIONAL MOTOR CARRIER SAFETY P ROGRAM (HIGHWAY TRUST FUND) (RESCISSION) Of the amounts made available under this heading in prior appropriations Acts, $19,571,910 in unobligated balances are perma- nently rescinded.