text:
The New International Encyclopædia/Civil Rights Bill

CIVIL RIGHTS BILL. In American history, a bill passed by Congress in 1866, as one of the Reconstruction measures of that body, for the purpose of securing an equality of civil rights to all citizens of the United States, and particularly for the purpose of placing the freedmen in the South on an equal political footing with the whites. Its main provision was as follows: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory of the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to the full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other,

any law, statute, ordinance, regulation, or custom to the contrary notwithstanding.” The other sections of the bill merely provided for the carrying out of this provision and fixed penalties for its infraction. The bill passed the Senate on February 2 by a vote of 33 to 12, and the House on March 13 by a vote of 111 to 38; was vetoed by President Johnson on March 27, and was passed over the veto by the Senate on April 6, and by the House on April 9. It was the subject of an animated debate both in and out of Congress, and the challenging of its constitutionality led to the passage and adoption of the fourteenth Amendment. Another bill, of March 1, 1875, provided further for the rights of the blacks, prescribing that blacks should not be distinguished from whites by inn-keepers, teachers or officers of schools, theatre-managers, and common carriers; that Federal courts should have exclusive jurisdiction over infractions of the bill; and that negroes should not be excluded from juries. See.


text:
Page:United States Statutes at Large Volume 123.djvu/214

 123STA T . 1 94PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 Congres s a ne xp en ditu rep l an f or funds pro v ided under t h is heading .FAMILYHOUS I NGOPER A T ION AN DM AINTENAN C E ,A IR FORCE For an additional a m ount for ‘ ‘Famil y Housing Operation and Maintenan c e, Air Force ’ ’, $16, 4 61, 0 00
 * Provide

d ,T hat not w ith - standing any other provision of law, such funds may b e obligated and expended for maintenance and repair and minor construction pro j ects in the U nited S tates not otherwise authori z ed by law. HOMEO W NERS ASSISTANCE FUND For an additional amount for ‘‘Homeowners Assistance Fund’’, established by section 101 3 of the D emonstration Cities and Metro- politan Development Act of 1 9 66, as amended ( 4 2 U.S.C. 33 7 4 ) , $ 5 55,000,000, to remain available until expended: Provided, That the Secretary of Defense shall submit q uarterly reports to the Committees on Appropriations of both Houses of Congress on the expenditure of funds made available under this heading in this or any other Act. ADMINISTRATI V E P ROVISION SEC. 1001. (a) TEMPORARY EX PANSION O F HOMEOWNERS ASSIST- ANCE PROGRAM TO R ESPOND TO MORTGAGE FORECLOSURE AND CREDIT CRISIS. Section 1013 of the Demonstration Cities and Metro- politan Development Act of 1966 (42 U.S.C. 3374) is amended — (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as clauses (i), (ii), and (iii), respectively, and indenting such subparagraphs, as so redesignated, 6 ems from the left margin ( B ) by stri k ing ‘‘ N otwithstanding any other provision of law’’ and inserting the following: ‘‘(1) AC Q UISITION OF PROPERTY AT OR NEAR MILITARY INSTALLATIONS T H AT HAVE B EEN ORDERED TO BE CLOSED.— Notwithstanding any other provision of law’’; (C) by striking ‘‘if he determines’’ and inserting ‘‘if— ‘‘(A) the Secretary determines—’’; (D) in clause (iii), as redesignated by subparagraph (A), by striking the period at the end and inserting ‘‘; or’’; and (E) by adding at the end the following: ‘‘(B) the Secretary determines— ‘‘(i) that the conditions in clauses (i) and (ii) of subparagraph (A) have been met; ‘‘(ii) that the closing or realignment of the base or installation resulted from a realignment or closure carried out under the 2005 round of defense base clo- sure and realignment under the Defense Base Closure and Realignment Act of 1990 (part X X I X of Public L aw 101 – 510; 10 U.S.C. 26 8 7 note); ‘‘(iii) that the property was purchased by the owner before J uly 1, 2006; ‘‘(iv) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; Reports.D e adlin es.

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


text:
Page:United States Statutes at Large Volume 123.djvu/215

 123STA T . 1 95PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 ‘ ‘ (v)tha tth epro pert yis the pri m ary resi d e nc e o f the o w ner and ‘‘(vi) that the owner has not previo u s l y received b enefit payments authori z ed under this subsection . ‘‘( 2 ) HOME O WN E RAS S I S T AN C E F OR WO U N D ED MEM B ERS OF T H E ARMED FORCES , DE P ARTMENT OF DEFENSE AND UNITED STATES COAST G UARD CI V I L IAN EMPLO Y EES, AND THEIR SPOUSES. —N otwithstandin g any other provision of law, the S ec - retary of D efense is authorized to ac q uire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling which was at the time of the relevant wound, in j ury, or illness, the primary residence of— ‘‘( A ) any member of the Armed F orces in medical transition who— ‘‘(i) incurred a wound, injury, or illness in the line of duty during a deployment in support of the Armed Forces; ‘‘(ii) is disabled to a degree of 30 percent or more as a result of such wound, injury, or illness, as deter- mined by the Secretary of Defense; and ‘‘(iii) is reassigned in furtherance of medical treat- ment or rehabilitation, or due to medical retirement in connection with such disability; ‘‘( B ) any civilian employee of the Department of Defense or the U nited States C oast G uard who— ‘‘(i) was wounded, injured, or became ill in the performance of his or her duties during a forward deployment occurring on or after September 1 1, 2001, in support of the Armed Forces; and ‘‘(ii) is reassigned in furtherance of medical treat- ment, rehabilitation, or due to medical retirement resulting from the sustained disability; or ‘‘(C) the spouse of a member of the Armed Forces or a civilian employee of the Department of Defense or the United States Coast Guard if— ‘‘(i) the member or employee was k illed in the line of duty or in the performance of his or her duties during a deployment on or after September 11, 2001, in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; and ‘‘(ii) the spouse relocates from such residence within 2 years after the death of such member or employee. ‘‘(3) T EMPORARY HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY REASSIGNED DURING SPECI- FIED MORTGAGE CRISIS.—Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling situ- ated at or near a military base or installation, if the Secretary determines— ‘‘(A) that the owner is a member of the Armed Forces serving on permanent assignment;


text:
Page:United States Statutes at Large Volume 123.djvu/216

 123STA T . 1 96PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (B)tha tth eown e risp er m anent ly reassi g ne db y order o f the U nited S tates G o v ernment to a d u ty station or home port outside a 50- mile radius of the base or installa- tion ‘‘( C ) that the reassignment was ordered between F eb- ruary 1,2 00 6, and September 3 0, 2012, or an earlier end date designated by the Se c retary; ‘‘( D ) that the property was purchased by the owner before J uly 1, 2006; ‘‘( E ) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; ‘‘(F) that the property is the primary residence of the owner; and ‘‘(G) that the owner has not previously received benefit payments authori z ed under this subsection .’ ’; (2) in subsection (b), by stri k ing ‘‘this section’’ each place it appears and inserting ‘‘subsection (a)(1)’’; (3) in subsection (c) — ( A ) by striking ‘‘Such persons’’ and inserting the fol- lowing ‘‘(1) HOME O WN E RAS S I S T AN C ERE L ATE D TO CLOSED MILITAR Y INSTALLATIONS.— ‘‘(A) I N G ENERAL.—Such persons’’; (B) by striking ‘‘set forth above shall elect either (1) to receive’’ and inserting the following: ‘‘set forth in sub- section (a)(1) shall elect either— ‘‘(i) to receive’’; (C) by striking ‘‘difference between (A) 9 5 per centum’’ and all that follows through ‘‘(B) the fair market value’’ and inserting the following: ‘‘difference between— ‘‘(I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announce- ment of intention to close all or part of the military base or installation; and ‘‘(II) the fair market value’’; (D) by striking ‘‘time of the sale, or (2) to receive’’ and inserting the following: ‘‘time of the sale; or ‘‘(ii) to receive’’; (E) by striking ‘‘outstanding mortgages. T he Secretary may also pay a person who elects to receive a cash payment under clause (1) of the preceding sentence an amount’’ and inserting ‘‘outstanding mortgages. ‘‘(B) R EIM BU RSEMENT O F E XP ENSES.—The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount’’; and (F) by striking ‘‘best interest of the Federal Govern- ment. Cash payment’’ and inserting the following: ‘‘best interest of the United States. ‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDI V IDUALS AND T H EIR SPOUSES.— ‘‘(A) IN GENERAL.— P ersons eligible under the criteria set forth in subsection (a)(2) may elect either— ‘‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in


text:
Page:United States Statutes at Large Volume 123.djvu/217

 123STA T . 1 97PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 apriv a tes a l e , i n ana mou ntnottoe xc ee d t h edi f- ference b et w een —‘ ‘ (I)95 per centum of prior fair mar k et value of their propert y (as such value is determined by the S ecretary of D efense) and ‘‘(II) the fair market value of such property (as such value is determined by the Secretary of Defense) at the time of sale; or ‘‘(ii) to receive, as purchase price for their property an amount not to exceed 9 0 per centum of prior fair market value as such value is determined by the Sec- retary of Defense, or the amount of the outstandin g mortgages . ‘‘( B )D ET E RMINA TI O NO FB ENEFIT S .— T he Secretary may also pay a person who elects to receive a cash payment under subparagraph ( A ) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the U nited States. ‘‘( 3 ) H OMEO W NER ASSISTAN C E FOR P ERMANENT LY REASSI G NE D INDI V ID U ALS.— ‘‘(A) IN GENERAL.— P ersons eligible under the criteria set forth in subsection (a)(3) may elect either— ‘‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the dif- ference between— ‘‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and ‘‘(II) the fair market value of such property (as such value is determined by the Secretary of Defense) at the time of sale; or ‘‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Sec- retary of Defense, or the amount of the outstanding mortgages. ‘‘(B) DETERMINATION OF BENEFITS.—The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States. ‘‘( 4 ) C OMPENSATION AND LIMITATIONS RELATED TO FORE- CLOSURES AND ENCUMBRANCES.—Cash payment ’ ’; (4) by striking subsection (g); (5) in subsection (l), by striking ‘‘(a)( 2 )’’ and inserting ‘‘(a)( 1 )(A)(ii)’’; ( 6 ) in subsection (m), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; ( 7 ) in subsection (n)— (A) in paragraph (1), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; and


text: Dictionary of National Biography, 1885-1900/Montfort, Almeric of


text:
Page:United States Statutes at Large Volume 123.djvu/218

 123STA T . 1 98PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (B)inpar a g rap h ( 2 ) ,byst ri k ing ‘ ‘this s ec ti o n ’ ’an d inserting ‘‘s u bsection (a)( 1 )’’ ( 8 ) in subsection (o) — ( A ) in paragraph (1), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; (B) in paragraph (2), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; and ( C ) by striking paragraph ( 4 ); and ( 9 ) by adding at the end the f o l lo w ing new subsection ‘‘(p) DEFIN I T I O N S. — I n this section: ‘‘(1) the ter m ‘Armed F orces’ has the meaning gi v en the term ‘armed forces’ in section 1 0 1(a) of title 10, U nited S tates Code; ‘‘(2) the term ‘civilian employee’ has the meaning given the term ‘employee’ in section 210 5 (a) of title 5, United States Code; ‘‘( 3 ) the term ‘medical transition’, in the case of a member of the Armed Forces, means a member who— ‘‘(A) is in M edical H oldover status; ‘‘(B) is in Active Duty Medical Ex tension status; ‘‘(C) is in Medical Hold status; ‘‘(D) is in a status pending an evaluation by a medical evaluation board; ‘‘(E) has a complex medical need re q uiring six or more months of medical treatment; or ‘‘(F) is assigned or attached to an Army W arrior T ransi - tion Unit, an Air Force P atient Squadron, a N avy Patient Multidisciplinary Care Team, or a Marine Patient Affairs Team / Wounded Warrior R egiment; and ‘‘(4) the term ‘nonappropriated fund instrumentality employee’ means a civilian employee who— ‘‘(A) is a citi z en of the United States; and ‘‘(B) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support O ffice, Marine Corps exchanges, or any other instrumentality of the United States under the j urisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.’’. (b) C L E R I CA LA M EN D MENT.—Such section is further amended in the section heading by inserting ‘‘and certain property owned by members of the Armed Forces, Department of Defense and United States Coast G uard civilian employees, and surviving spouses’’ after ‘‘ordered to be closed’’. (c) A U T H ORIT Y TOUSEA P PROPRIATED FUNDS.—Notwithstanding subsection (i) of such section, amounts appropriated or otherwise made available by this title under the heading ‘‘Homeowners Assist- ance Fund’’ may be used for the Homeowners Assistance Fund established under such section.


text:
Page:United States Statutes at Large Volume 123.djvu/219

 123STA T . 1 9 9 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 DEPARTM E N T OFV ETERAN S AFFA I RS V ET E RANSH EA L T H A DMI NISTRATI O N MEDI C AL F ACILITIES F oran a d d it iona l a m o u nt f or ‘ ‘M e di c al Facilitie s’ ’ for non - recur- rin g maintenance , including energ yp ro j ects, $1, 0 00,000,000, to remain a v aila b le until September 3 0, 2 010
 * Provide

d,T h at not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the C ommittees on Appropriations of both Houses of Congress an e x penditure plan for funds provided under this heading . NATIONAL CEMETER Y ADMINISTRATION For an additional amount for ‘‘National Cemetery Administra- tion’’ for monument and memorial repairs, including energy projects, $ 5 0,000,000, to remain available until September 30, 2010: Pro - vided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. DE P ARTMENTAL ADMINISTRATION G ENERAL OPERATING E X PENSES For an additional amount for ‘‘ G eneral Operating Expenses’’, $150,000,000, to remain available until September 30, 2010, for additional expenses related to hiring and training temporary surge claims processors. INFORMATION TECHNOLOGY SYSTEMS For an additional amount for ‘‘Information Technology Sys- tems’’, $50,000,000, to remain available until September 30, 2010, for the Veterans B enefits Administration: Provided , That not later than 30 days after the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $1,000,000, to remain available until September 30, 2011, for over- sight and audit of programs, grants and projects funded under this title. GRANTS FOR CONSTR U CTION OF STATE EXTENDED CARE FACILITIES For an additional amount for ‘‘Grants for Construction of State Extended Care Facilities’’, $150,000,000, to remain available until September 30, 2010, for grants to assist States to ac q uire or con- struct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as author- i z ed by sections 8 131 through 813 7 of title 38, U nited States Code. Deadlin e .Exp endi tur e plan. Deadline. Expenditure plan. Deadline. Expenditure plan.


text:
Page:United States Statutes at Large Volume 123.djvu/220

 123STA T . 2 0 0 PUBLIC LA W 111 –5—FE B.1 7, 200 9ADMIN I STRA TI VEP R O VISION S E C.10 0 2 . PA Y MENTS TO EL I G I B LE PERSONS WH O SERVED IN THE U NITED STATES ARMED F ORCES IN THE FAR EAST DU RING WORLD WAR I I. (a) FINDINGS. —Congres s m a k es th e f o l lo wi ng fin d ings (1) T he Phili p pine islands b e c ame a United States posses - sion in 1 89 8 when the y were ceded from Spain following the Spanish-American War. (2) D u ring World War II , Filipinos ser v ed in a variety of units, some of which came under the direct control of the United States Armed Forces. ( 3 ) The regular Philippine Scouts, the new Philippine Scouts, the G uerrilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on J uly 2 6 ,19 4 1,byane x ecutive order of President Franklin D. R oosevelt. (4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 19 5 0. (5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public L aws 7 9 – 301 and 79–391) currently receive full benefits under laws administered by the Secretary of V eterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws. (6) These other Filipino veterans only receive certain bene- fits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates. (7) The benefits such veterans receive include service-con- nected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $ 0.50 per dollar authori z ed, unless they lawfully reside in the United States. (8) Dependents ’ educational assistance under chapter 35 of title 38, United States Code, is also payable for the depend- ents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans’ residency. (b) COM P ENSATION FUND.— (1) IN GENERAL.—There is in the general fund of the Treasury a fund to be known as the ‘ ‘Filipino Veterans E q uity Compensation Fund’’ (in this section referred to as the ‘‘com- pensation fund’’). (2) AVAILABILITY O F FUNDS.—Sub j ect to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accord- ance with this section. (c) PAYMENTS.— 38USC107note.


text:
Page:United States Statutes at Large Volume 123.djvu/221

 123STA T . 2 0 1 PUBLIC LA W 111 –5—FE B.1 7, 200 9(1)INGE NE RAL.—TheS e cr e ta r ym ay ma k ea p ayme n t f r o m the compen s at i onf u n d toane l i g i b le person w ho , during the one - year period beginning on the date of the enactment of this A ct, submits to the Secretary a claim for benefits under this section. The application for the claim shall contain such information and e v idence as the Secretary may re q uire. ( 2 ) P A YM EN T T O S U R VI VIN G S P OU S E.—If an eligible person who has filed a claim for benefits under this section dies before payment is made under this section, the payment under this section shall be made instead to the surviving spouse, if any, of the eligible person. (d) E LIGI B LE PERSONS.—An eligible person is any person who— (1) served— (A) before J uly1,1 946, in the organi z ed military forces of the Government of the C ommonwealth of the Philippines, while such forces were in the service of the Armed F orces of the U nited States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under com- manders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States or ( B ) in the Philippine Scouts under section 14 of the Armed Forces V oluntary R ecruitment Act of 194 5 (59 Stat. 5 38 ); and (2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable. (e) PAYMENT AMOUNTS.—Each payment under this section shall be— (1) in the case of an eligible person who is not a citizen of the United States, in the amount of $ 9, 0 00; and (2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000. (f) L IMITATION.—The Secretary may not make more than one payment under this section for each eligible person described in subsection (d). (g) CLARI F I C ATION OF TREATMENT OF PAYMENTS UN D ER CER- TAIN LA W S.—Amounts paid to a person under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included in income or resources for purposes of determining— (A) eligibility of an individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits; (B) eligibility of an individual to receive benefits under title VIII of the Social Security Act, or the amount of such benefits; or (C) eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted pro- gram. (h) RELEASE.— (1) IN GENERAL.—E x cept as provided in paragraph (2), the acceptance by an eligible person or surviving spouse, as applicable, of a payment under this section shall be final,


text:
Page:United States Statutes at Large Volume 123.djvu/222

 123STA T . 2 0 2 PUBLIC LA W 111 –5—FE B.1 7, 200 9andsh a l l co ns ti t u t e aco mp lete r elease o f an y claim a g ainst the U nited S tates b y reason of any ser v ice described in sub - section ( d ). ( 2 ) PAYMENTOF P RI OR EL I G I B ILITY STAT US . —N othing in this section shall prohibit a person from receiving any benefit (including health care, survivor, or burial benefits) w hich the person would have been eligible to receive based on laws in effect as of the day before the date of the enactment of this A ct. (i) R E C OGNITION OF SER V ICE.— T he service of a person as described in subsection (d) is hereby recogni z ed as active military service in the Armed F orces for purposes of, and to the e x tent provided in, this section. ( j )A D MINISTRATION.— ( 1 ) The Secretary shall promptly issue application forms and instructions to ensure the prompt and efficient administra- tion of the provisions of this section. (2) The Secretary shall administer the provisions of this section in a manner consistent with applicable provisions of title 38, United States C ode, and other provisions of law, and shall apply the definitions in section 1 0 1 of such title in the administration of such provisions, except to the extent other- wise provided in this section. ( k )RE P ORTS.—The Secretary shall include, in documents sub- mitted to Congress by the Secretary in support of the President ’ s budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the com- pensation fund for the most recent fiscal year for which such data is available. (l) AUT H ORI Z ATION OF APPROPRIATION.—There is authorized to be appropriated to the compensation fund $ 1 9 8,000,000, to remain available until expended, to make payments under this section. T I T L E X I—STATE, F O REI G N OPERATIONS, AN D RELATED PROGRA M S DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC AND CONSULAR PROGRAMS For an additional amount for ‘ ‘Diplomatic and Consular Pro- grams’’ for urgent domestic facilities re q uirements for passport and training functions, $90,000,000
 * Provide

d , That the Secretary of State shall submit to the Committees on Appropriations within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading: Provided fu r th er, That with respect to the funds made available for passport agencies, such plan shall be developed in consultation with the Department of H omeland Security and the General Services Administration and shall coordinate and co-locate, to the extent feasible, passport agen- cies with other Federal facilities. Deadlin e .Sp endin g plan. A ppli c a t i o n s . I nst ru ctions.


text:
Page:United States Statutes at Large Volume 123.djvu/223

 123STA T . 2 0 3 PUBLIC LA W 111 –5—FE B.1 7, 200 9CAPIT A L I NVES T M ENT FU N D( INCLUDIN G T R ANSFER O F FUNDS )Foran a d d it iona l a m o u nt f or ‘ ‘ C a p ital I n ves tment Fund ’ ’ ,$290 ,000,000, for information te ch nolo gy security and upgrades to support mission - critical operations, of w hichupto$ 38 ,000,000 shall b e transferred to, and merged with, funds made available under the heading ‘‘Capital Investment Fund’’ of the U nited S tates A gency for International D evelopment
 * Provide

d ,T hat the Secretary of State and the Administrator of the United States Agency for Inter- national Development shall coordinate information technology sys- tems, where appropriate, to increase efficiencies and eliminate redundancies, to include co-location of bac k up information manage- ment facilities, and shall submit to the Committees on Appropria- tions within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading . OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘ O ffice of Inspector G eneral’’ for oversight re q uirements, $2,000,000. INTERNATIONAL COMMISSIONS INTERNATIONAL B OUNDAR Y AND W ATER COMMISSION, UNITED STATES AND ME X ICO CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Construction’’ for the water quantity program to meet immediate repair and rehabilitation requirements, $220,000,000: Provided, That up to $2,000,000 may be transferred to, and merged with, funds available under the heading ‘‘International B oundary and W ater Commission, United States and M e x ico — Salaries and E xpenses’’: Provided fu r th er, That the Secretary of State shall submit to the Committees on Appropria- tions within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading. TIT L E X II—T R A N S P ORTATION AND H OUSING AND URBAN DE V ELOPMENT, AND RELATED AGENCIES DEPARTMENT OF TRANSPORTATION OFFICE OF T H E SECRETARY SUPPLEMENTAL DISCRETIONARY GRANTS FOR A NATIONAL SURFACE TRANSPORTATION SYSTEM For an additional amount for capital investments in surface transportation infrastructure, $ 1, 5 00,000,000, to remain available through September 30, 2011: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants to be awarded to State and local govern- ments or transit agencies on a competitive basis for pro j ects that will have a significant impact on the Nation, a metropolitan area, Deadlin e .Sp endin g plan. Deadline. Spending plan.


text:
Page:United States Statutes at Large Volume 123.djvu/224

 123STA T . 2 04PUBLIC LA W 111 –5—FE B.1 7, 200 9ora r egi o n:Provide d fu r th er ,Th a tp ro j e c t s e l igi b le f orf u n d ing pro v ided under this heading shall include , but not be li m ited to, high w a y or bridge projects eligible under title 23, U nited S tates C ode, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and inter - changes, bridge replacements, seismic retrofit projects for bridges, and road realignments public transportation projects eligible under chapter 5 3 of title 49, United States Code, including investments in projects participating in the N ew Starts or Small Starts programs that will e x pedite the completion of those projects and their entry into revenue service; passenger and freight rail transportation projects; and port infrastructure investments, including projects that connect ports to other modes of transportation and improve the efficiency of freight movement: Provided further, That of the amount made available under this paragraph, the Secretary may use an amount not to exceed $ 2 0 0,000,000 for the purpose of paying the subsidy and administrative costs of projects eligible for federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this paragraph: Provided further, That in distrib- uting funds provided under this heading, the Secretary shall ta k e such measures so as to ensure an e q uitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities: Provided further, That a grant funded under this heading shall be not less than $20,000,000 and not greater than $300,000,000: Provided further, That the Secretary may waive the minimum grant si z e cited in the preceding proviso for the purpose of funding significant projects in smaller cities, regions, or States: Provided further, That not more than 20 percent of the funds made available under this paragraph may be awarded to projects in a single State: Provided further, That the F ederal share of the costs for which an expenditure is made under this heading may be up to 1 00 percent: Provided further, That the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package, and to projects that are expected to be completed within 3 years of enactment of this A ct: Provided further, That the Secretary shall publish criteria on which to base the competition for any grants awarded under this heading not later than 90 days after enactment of this Act: Provided further, That the Secretary shall require applications for funding provided under this heading to be submitted not later than 1 8 0 days after the publication of such criteria, and announce all projects selected to be funded from such funds not later than 1 year after enactment of this Act: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That the Secretary may retain up to $1,500,000 of the funds provided under this heading, and may transfer portions of those funds to the Administrators of the Federal H ighway Administration, the Federal Transit Administration, the Federal R ailroad Administra- tion and the M aritime Administration, to fund the award and oversight of grants made under this heading .Ap p licat i ons.De a d lines. Pub lication. Cr iteria. Deadline. W ai v er aut h orit y .


text:
Page:United States Statutes at Large Volume 123.djvu/225

 123STA T . 2 05PUBLIC LA W 111 – 5 —FE B.1 7, 200 9FED E RALAVI A T I ON AD M INI S TRATION S UP PLEMENTAL F UNDIN G FOR FA C ILITIES AND E Q UIPMENT F oran a d d it iona l a m o u nt f orn ec e s sar y in v estments in Federal Aviation Administration infrastructure ,$20 0,000,000, to remain availa b let h rou g h S e p tember 3 0, 20 1 0
 * Provide

d ,T hat funding pro - vided under this heading shall be used to ma k e improvements to po w er systems, air route traffic control centers, air traffic control towers, terminal radar approach control facilities, and navigation and landing e q uipment: Provided fu r th er, That priority be given to such pro j ects or activities that will be completed within 2 years of enactment of this Act: Provided further, That amounts made available under this heading may be provided through grants in addition to the other instruments authori z ed under section 10 6( l ) (6) of title 49, U nited States C ode: Provided further, That the Federal share of the costs for which an e x penditure is made under this heading shall be 100 percent: Provided further, That amounts pro- vided under this heading may be used for expenses the agency incurs in administering this program: Provided further, That not more than 60 days after enactment of this Act, the Administrator shall establish a process for applying, reviewing and awarding grants and cooperative and other transaction agreements, including the form and content of an application, and requirements for the maintenance of records that are necessary to facilitate an effective audit of the use of the funding provided: Provided further, That section 5 0101 of title 49, United States Code, shall apply to funds provided under this heading . GRANTS-IN-AID FOR AIRPORTS For an additional amount for ‘ ‘ G rants- I n-Aid for Airports ’ ’, to enable the Secretary of Transportation to make grants for discre- tionary projects as authorized by subchapter 1 of chapter 4 7 1 and subchapter 1 of chapter 475 of title 49, United States Code, and for the procurement, installation and commissioning of runway incursion prevention devices and systems at airports of such title, $1,100,000,000, to remain available through September 30, 2010: Provided, That such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum percent- ages under chapter 471: Provided further, That the Secretary shall distribute funds provided under this heading as discretionary grants to airports, with priority given to those projects that demonstrate to his satisfaction their ability to be completed within 2 years of enactment of this Act, and serve to supplement and not supplant planned expenditures from airport-generated revenues or from other State and local sources on such activities: Provided further, That the Secretary shall award grants totaling not less than 50 percent of the funds made available under this heading within 120 days of enactment of this Act, and award grants for the remaining amounts not later than 1 year after enactment of this Act: Provided further, That the Federal share payable of the costs for which a grant is made under this heading shall be 100 percent: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for the Grants- in-Aid for Airports program set forth in any Act: Provided further, That the Administrator of the Federal Aviation Administration may retain up to 0.2 percent of the funds provided under this Deadlin e s.Ap pli c a b ili ty . Deadline. Pro ced u res.


text:
Page:United States Statutes at Large Volume 123.djvu/226

 123STA T . 2 06PUBLIC LA W 111 –5—FE B.1 7, 200 9headingtofu ndthea w a r dando v er s ight by the A d m inistrator of grants made under this heading .FED E RALHIGHW A Y AD M I N I ST RATI O N HIGHWAY IN F RASTR UC TURE IN V ESTMENT For an additiona l amount for restoration , re p air, c onstruction and other activities eligible under paragraph ( b ) of section 13 3 of title 2 3, U nited S tates C ode, and for passenger and freight rail transportation and port infrastructure pro j ects eligible for assistance under subsection 60 1(a)( 8 ) of such title, $ 2 7, 5 00,000,000, to remain available through September 30, 2010
 * Provide

d ,T hat, after ma k ing the set - asides re q uired under this heading, 50 percent of the funds made available under this heading shall be apportioned to States using the formula set forth in section 10 4 (b)(3) of title 23, United States Code, and the remaining funds shall be appor- tioned to States in the same ratio as the obligation limitation for fiscal year 2008 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division K of P ublic L aw 110 – 161: Provided fu r th er, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That in selecting projects to be carried out with funds apportioned under this heading, priority shall be given to projects that are projected for completion within a 3-year time frame, and are located in economically distressed areas as defined by section 301 of the Public W orks and E conomic D evelopment Act of 1 9 65, as amended (42 U.S.C. 3161): Provided further, That 120 days following the date of such apportionment, the Secretary of Transportation shall withdraw from each State an amount equal to 50 percent of the funds awarded to that State (e x cluding funds suballocated within the State) less the amount of funding obligated (excluding funds suballocated within the State), and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this proviso in the manner described in section 120(c) of division K of Public Law 110–161: Provided further, That 1 year following the date of such apportionment, the Secretary shall with- draw from each recipient of funds apportioned under this heading any unobligated funds, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this proviso (excluding funds suballocated within the State) in the manner described in section 120(c) of division K of Public Law 110–161: Provided further, That at the request of a State, the Secretary of Transportation may provide an extension of such 1- year period only to the extent that he feels satisfied that the State has encountered extreme conditions that create an unwork- able bidding environment or other extenuating circumstances: Pro - vided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appro- priations that provides a thorough justification for the extension: Provided further, That 3 percent of the funds apportioned to a State under this heading shall be set aside for the purposes described in subsection 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005): Provided further, That 30 percent of the funds apportioned to a State under this heading shall be suballocated within the State in the manner and for the purposes described in the first sentence of subsection Submis si on.Ef f ect i v e da te. Effective date. D ead l ine.


text:
Page:The complete poems of Emily Bronte.djvu/342

286 What made her weep, what made her glide

Out to the park this dreary day,

And cast her jewelled chains aside,

And seek a rough and lonely way;

And down beneath a cedar's shade,

On the wet grass regardless lie,

With nothing but its gloomy head

Between her and the showering sky?

I saw her stand in the gallery long,

Watching those little children there,

As they were playing the pillars among

And bounding down the marble stair.


text:
Page:United States Statutes at Large Volume 123.djvu/227

 123STA T . 2 07PUBLIC LA W 111 –5—FE B. 17 , 200 913 3 (d) (3)( A ) ,insub s ect i o n 133(d)(3)( B ), a nd in subsection 133(d)(3)( D )
 * Provide

d fu r th er ,Th at such suba l location shall be conducted in e v e ryS tate: Provided further, That f unds suballocated w ithin a State to urbani z ed areas and other areas shall not be sub j ect to the redistribution of a m ounts re q uired 1 20 days followin g the date of a p portionment of funds provided under this heading: Provided further, That of the funds provided under this heading, $ 10 5 ,000,000 shall be for the P uerto R ico highway program author - ized under section 1 6 5 of title 23, U nited States C ode, and $ 4 5,000,000 shall be for the territorial highway program authorized under section 215 of title 23, United States Code: Provided further, That of the funds provided under this heading, $60,000,000 shall be for capital e x penditures eligible under section 14 7 of title 23, United States Code (without regard to subsection(d)): Provided fur - ther, That the Secretary of Transportation shall distribute such $60,000,000 as competitive discretionary grants to States, with priority given to those projects that demonstrate to his satisfaction their ability to be completed within 2 years of enactment of this Act: Provided further, That of the funds provided under this heading, $550,000,000 shall be for investments in transportation at I ndian reservations and F ederal lands: Provided further, That of the funds identified in the preceding proviso, $310,000,000 shall be for the Indian Reservation Roads program, $170,000,000 shall be for the Par k Roads and Parkways program, $60,000,000 shall be for the Forest H ighway Program, and $10,000,000 shall be for the Refuge Roads program: Provided further, That for invest- ments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act: Provided further, That 1 year following the enactment of this Act, to ensure the prompt use of the $550,000,000 provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated: Provided further, That up to 4 percent of the funding provided for Indian Reservation Roads may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses: Provided further, That section 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply to funds provided under this heading: Provided further, That of the funds made available under this heading, $20,000,000 shall be for highway surface transportation and technology training under section 140(b) of title 23, United States Code, and $20,000,000 shall be for disadvantaged business enterprises bonding assistance under section 332(e) of title 4 9, United States Code: Provided further, That funds made available under this heading shall be administered as if apportioned under chapter 1 of title 23, United States Code, except for funds made available for investments in transportation at Indian reserva- tions and Federal lands, and for the territorial highway program, which shall be administered in accordance with chapter 2 of title 23, United States Code, and except for funds made available for disadvantaged business enterprises bonding assistance, which shall be administered in accordance with chapter 3 of title 49, United States Code: Provided further, That the Federal share payable on account of any project or activity carried out with funds made available under this heading shall be, at the option of the recipient, up to 100 percent of the total cost thereof: Provided further, That Ef f ectiv e da te .R edi s t r i bu ti on aut h orit y . G rants.


text:
Page:United States Statutes at Large Volume 123.djvu/228

 123STA T . 2 08PUBLIC LA W 111 –5—FE B.1 7, 200 9fundsma d e a v a il a b leb yth is Ac t shall n o t be obli g ated fo r the p urposes authori z ed under section 1 1 5( b ) of title 23,U nited S tates C ode
 * Provide

d fu r th er ,T hat funding provided under this heading shall be in addition to any and all funds provided for fiscal years 2 0 0 9 and 2010 in any other Act for ‘ ‘ F ederal - aid H igh w ays ’ ’ and shall not affect the distribution of funds provided for ‘‘Federal- aid Highways’’ in any other Act: Provided further, That the amount made available under this heading shall not be sub j ect to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That section 1101(b) of P ublic L aw 109 – 59 shall apply to funds appor- tioned under this heading: Provided further, That the Administrator of the Federal Highway Administration may retain up to $4 0,000,000 of the funds provided under this heading to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administra- tion in this Act, and such funds shall be available through Sep- tember 30, 2012 . F ED E RALR A I LR O AD AD M I N I ST RATION C A P ITAL ASSISTANCE F OR H I G H SPEED RAIL CORRIDORS AND INTERCIT Y PASSENGER RAIL SER V ICE For an additional amount for section 501 of Public Law 110– 432 and discretionary grants to States to pay for the cost of projects described in paragraphs (2)(A) and (2)( B ) of section 24401 of title 49, United States Code, subsection (b) of section 24105 of such title, $ 8 ,000,000,000, to remain available through September 30, 2012: Provided, That the Secretary of Transportation shall give priority to projects that support the development of intercity high speed rail service: Provided further, That within 6 0 days of the enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations a strategic plan that describes how the Secretary will use the funding provided under this heading to improve and deploy high speed passenger rail sys- tems: Provided further, That within 120 days of enactment of this Act, the Secretary shall issue interim guidance to applicants cov- ering grant terms, conditions, and procedures until final regulations are issued: Provided further, That such interim guidance shall provide separate instructions for the high speed rail corridor pro- gram, capital assistance for intercity passenger rail service grants, and congestion grants: Provided further, That the Secretary shall waive the re q uirement that a project conducted using funds pro- vided under this heading be in a State rail plan developed under chapter 22 7 of title 49, United States Code: Provided further, That the Federal share payable of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That projects conducted using funds provided under this heading must comply with the require- ments of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That section 24405 of title 49, United States Code, shall apply to funds provided under this heading: Provided further, That the Administrator of the Federal Railroad Administra- tion may retain up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Adminis- trator of grants made under this heading, and funds retained for said purposes shall remain available through September 30, 2014. Ap p licab ili ty.Com plia n c e . W ai v e r a u t h ority. D ea d line. G uidance. Deadline. S trate g ic plan. Grant s . Applicability.


text:
Page:United States Statutes at Large Volume 123.djvu/229

 123STA T . 2 09PUBLIC LA W 111 –5—FE B.1 7, 2009 CAPIT A LGR A N T S T O T HE NATIONAL RAILROA D PASSENGER CORPORATION Foran a d d it iona l a m o u nt f ort heN ational R ailroad P a s sen g er C or p oration (A mtra k) to ena b le the S e c retar y of T ransportation to make capital grants to Amtrak as authori z ed by section 10 1(c) of the Passenger Rail I n v estment and Improvement Act of 2 00 8 (Public L a w 110 –43 2) ,$ 1,300,000,000, to remain available through September 30, 2010, of which $4 5 0,000,000 shall be used for capital security grants
 * Provide

d , That priority for the use of non - security funds shall be given to pro j ects for the repair, rehabilitation, or upgrade of railroad assets or infrastructure, and for capital projects that e x pand passenger rail capacity including the rehabilitation of rolling stock: Provided fu r th er, That none of the funds under this heading shall be used to subsidize the operating losses of Amtrak: Provided further, That funds provided under this heading shall be awarded not later than 30 days after the date of enactment of this Act: Provided further, That the Secretary shall take measures to ensure that projects funded under this heading shall be completed within 2 years of enactment of this Act, and shall serve to supple- ment and not supplant planned expenditures for such activities from other Federal, State, local and corporate sources: Provided further, That the Secretary shall certify to the H ouse and Senate Committees on Appropriations in writing compliance with the pre- ceding proviso: Provided further, That not more than 6 0 percent of the funds provided for non-security activities under this heading may be used for capital projects along the Northeast Corridor: Provided further, That of the funding provided under this heading, $5,000,000 shall be made available for the Amtrak O ffice of Inspector G eneral and made available through September 30, 2013 . FEDERAL TRANSIT AD M INISTRATION TRANSIT CAPITAL ASSISTANCE For an additional amount for transit capital assistance grants authorized under section 5302(a)(1) of title 4 9, U nited States Code, $6,900,000,000, to remain available through September 30, 2010: Provided, That the Secretary of Transportation shall provide 80 percent of the funds appropriated under this heading for grants under section 530 7 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title (other than subsections (i)(1) and (j)): Provided further, That the Secretary shall apportion 10 percent of the funds appropriated under this heading in accordance with section 5340 of such title: Provided further, That the Secretary shall provide 10 percent of the funds appropriated under this heading for grants under section 5311 of title 49, United States Code, and apportion such funds in accord- ance with such section: Provided further, That funds apportioned under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That 180 days following the date of such apportionment, the Secretary shall withdraw from each urbanized area or State an amount e q ual to 50 percent of the funds apportioned to such urbanized areas or States less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds Ef f ectiv e da te .D ead l i n e. Gr ant s . C ertificati o n. Deadline. Deadline.


text:
Page:United States Statutes at Large Volume 123.djvu/230

 123STA T . 21 0PUBLIC LA W 111 –5—FE B.1 7, 200 9redist ri bu ted u n der t h is p r ov iso sh al l be utili z ed pro m ptl y:Provide d fu r th er ,T hat 1 year f ollo w in g the date of su c h apportionment , the S ecretary shall withdraw from each urbanized area or State any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That at the re q uest of an urbanized area or State, the Secretary of Transpor - tation may provide an e x tension of such 1-year period if he feels satisfied that the urbanized area or State has encountered an unwor k able bidding environment or other extenuating cir- cumstances: Provided further, That before granting such an exten- sion, the Secretary shall send a letter to the H ouse and Senate C ommittees on A ppropriations that provides a thorough j ustification for the extension: Provided further, That of the funds provided for section 53 11 of title 49, U nited States Code, 2. 5 percent shall be made available for section 5311 ( c ) (1): Provided further, That of the funding provided under this heading, $ 1 0 0,000,000 shall be distributed as discretionary grants to public transit agencies for capital investments that will assist in reducing the energy consumption or greenhouse gas emissions of their public transpor- tation systems: Provided further, That for such grants on energy- related investments, priority shall be given to projects based on the total energy savings that are projected to result from the invest- ment, and projected energy savings as a percentage of the total energy usage of the public transit agency: Provided further, That applicable chapter 53 requirements shall apply to funding provided under this heading, except that the F ederal share of the costs for which any grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for transit programs set forth in any Act: Provided further, That section 1101(b) of P ublic L aw 109 – 59 shall apply to funds appropriated under this heading: Provided further, That the funds appropriated under this heading shall not be comingled with any prior year funds: Provided further, That notwithstanding any other provision of law, three-quarters of 1 percent of the funds provided for grants under section 530 7 and section 5340, and one-half of 1 percent of the funds provided for grants under section 5311, shall be available for administrative expenses and program management oversight, and such funds shall be available through September 30, 2012. FIXEDGU IDE WAY I N F R A ST RU C TURE IN V EST M ENT For an amount for capital expenditures authorized under sec- tion 5309(b)(2) of title 49, United States Code, $750,000,000, to remain available through September 30, 2010: Provided, That the Secretary of Transportation shall apportion funds under this heading pursuant to the formula set forth in section 5337 of title 49, United States Code: Provided further, That the funds appro- priated under this heading shall not be commingled with any prior year funds: Provided further, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That 1 8 0 days following the date of such apportionment, the Secretary shall Ef f ectiv e da te .D ead l i n e. Ap plica b ilit y . Applicability. Su b m i s si o n. Effective date.


text:
Page:United States Statutes at Large Volume 123.djvu/231

 123STA T . 211 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9withdra w f r ome a c h u r b a n i z ed area an amount e q ua l to 50p ercent of the fund s apportioned to such urbanized area less the amount of fundin g obligated , and the S ecretar y shall redistribute such amounts to other urbanized areas that ha v e had no funds with - drawn under this proviso utilizing whatever method he or she deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly
 * Provide

d fu r th er, T hat 1 year following the date of such apportionment, the Secretary shall withdraw from each urbanized area any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this proviso utilizing whatever method he or she deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That at the request of an urbanized area, the Secretary of Transportation may provide an e x tension of such 1- year period if he or she feels satisfied that the urbanized area has encountered an unwor k able bidding environment or other extenuating circumstances: Provided further, That before granting such an extension, the Secretary shall send a letter to the H ouse and Senate C ommittees on A ppropriations that provides a thorough j ustification for the extension: Provided further, That applicable chapter 5 3 requirements shall apply except that the F ederal share of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That the provisions of section 1101 ( b ) of P ublic L aw 10 9– 59 shall apply to funds made available under this heading: Provided further, That notwithstanding any other provision of law, up to 1 percent of the funds under this heading shall be available for administrative expenses and program management oversight and shall remain available for obligation until September 30, 2 012 .CAPIT A L I NVES T M ENT GR ANTS For an additional amount for ‘ ‘Capital I nvestment G rants ’ ’, as authorized under section 533 8 (c)( 4 ) of title 49, U nited States Code, and allocated under section 5309(m)(2)(A) of such title, to enable the Secretary of Transportation to make discretionary grants as authorized by section 5309(d) and (e) of such title, $7 50,000,000, to remain available through September 30, 2010: Provided, That such amount shall be allocated without regard to the limitation under section 5309(m)(2)(A)(i): Provided further, That in selecting projects to be funded, priority shall be given to projects that are currently in construction or are able to obligate funds within 150 days of enactment of this Act: Provided further, That the provisions of section 1101(b) of Public Law 109–59 shall apply to funds made available under this heading: Provided further, That funds appro- priated under this heading shall not be commingled with any prior year funds: Provided further, That applicable chapter 53 require- ments shall apply, except that notwithstanding any other provision of law, up to 1 percent of the funds provided under this heading shall be available for administrative expenses and program manage- ment oversight, and shall remain available through September 30, 2012. Ap p licab ili ty. Applicability. Applicability. Applicability. Su b m i s si on . Ef f e cti v e d ate.


text:
Page:United States Statutes at Large Volume 123.djvu/232

 123STA T . 212 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9MARIT I MEAD MI N I S TRATI O N S UP P L EMENTAL G RANTS F OR ASSISTAN C ETOSMALLS H IP Y ARDS Tomakegr a nts to qu a lif ie d s h i py ards as authori z ed under se c tion 3508 of P u b lic L a w1 10 –4 1 7 or section 54101 of title 4 6,U nited S tates C ode, $ 100,000,000, to remain a v ailable through September 30, 2 010
 * Provide

d , That the Secretary of Transportation shall institute measures to ensure that funds provided under this heading shall be obligated within 180 days of the date of their distribution: Provided fu r th er, That the Maritime Administrator may retain and transfer to ‘ ‘Maritime Administration, O perations and Training ’ ’ up to 2 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading . OFFICE OF I NSPECTOR G ENERAL SALARIES AND E X PENSES F or an additional amount for necessary e x penses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1 9 78, as amended, $20,000,000, to remain available through September 30, 2013: Provided, That the funding made available under this heading shall be used for conducting audits and investigations of pro j ects and activities carried out with funds made available in this Act to the D epartment of Transportation: Provided further, That the Inspector General shall have all nec - essary authority, in carrying out the duties specified in the Inspector General Act, as amended ( 5 U.S.C. App. 3 ) , to investigate allegations of fraud, including false statements to the Government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department. G EN E R AL PRO V ISION — DEPARTMENT OF TRANSPORTATION SEC. 1201. (a) MAINTENANCE OF EFFORT.—Not later than 30 days after the date of enactment of this Act, for each amount that is distributed to a State or agency thereof from an appropria- tion in this Act for a covered program, the Governor of the State shall certify to the Secretary of Transportation that the State will maintain its effort with regard to State funding for the types of projects that are funded by the appropriation. As part of this certification, the Governor shall submit to the Secretary of Transportation a statement identifying the amount of funds the State planned to expend from State sources as of the date of enactment of this Act during the period beginning on the date of enactment of this Act through September 30, 2010, for the types of projects that are funded by the appropriation. (b) FAILURE TO MAINTAIN EFFORT.— If a State is unable to maintain the level of effort certified pursuant to subsection (a), the State will be prohibited by the Secretary of Transportation from receiving additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for fiscal year 2011. (c) PERIODIC REPORTS.— Submis si on.T im ep e r io d. D e a d l ine. C er t i f i c ation. F raud. A udits. I n v esti g ations. Deadline.


text:
Page:United States Statutes at Large Volume 123.djvu/233

 123STA T . 213 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(1)INGE NE RAL.—Notwi t hs t and in g an y oth erp ro v ision o fl aw , ea c h grant recipient shall s ubm it to the covered agency from which they received funding periodic reports on the use of the funds appropriated in this A ct for covered programs. S uch reports shall be collected and compiled by the covered agency and transmitted to C ongress. Covered agencies may develop such reports on behalf of grant recipients to ensure the accuracy and consistency of such reports. ( 2 )C O N T ENT S O FR E P ORTS.— F or amounts received under each covered program by a grant recipient under this Act, the grant recipient shall include in the periodic reports informa - tion trac k ing- (A) the amount of Federal funds appropriated, allo- cated, obligated, and outlayed under the appropriation ( B ) the number of pro j ects that have been put out to bid under the appropriation and the amount of Federal funds associated with such projects; (C) the number of projects for which contracts have been awarded under the appropriation and the amount of Federal funds associated with such contracts; ( D ) the number of projects for which work has begun under such contracts and the amount of Federal funds associated with such contracts; ( E ) the number of projects for which work has been completed under such contracts and the amount of Federal funds associated with such contracts; (F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the appropriation and, to the e x tent possible, the estimated indirect jobs created or sustained in the associated sup- plying industries, including the number of job-years created and the total increase in employment since the date of enactment of this Act; and ( G ) for each covered program report information tracking the actual aggregate expenditures by each grant recipient from State sources for projects eligible for funding under the program during the period beginning on the date of enactment of this Act through September 30, 2010, as compared to the level of such expenditures that were planned to occur during such period as of the date of enactment of this Act. (3) TIM ING OF REPORTS.—Each grant recipient shall submit the first of the periodic reports re q uired under this subsection not later than 9 0 days after the date of enactment of this Act and shall submit updated reports not later than 1 8 0 days, 1 year, 2 years, and 3 years after such date of enactment. (d) DEFINITIONS.—In this section, the following definitions apply (1) CO V ERE D AGEN CY .—The term ‘ ‘covered agency ’ ’ means the O ffice of the Secretary of Transportation, the Federal Avia- tion Administration, the Federal H ighway Administration, the Federal Railroad Administration, the Federal Transit Adminis- tration and the M aritime Administration of the Department of Transportation. (2) COVERED P ROGRAM.—The term ‘‘covered program’’ means funds appropriated in this Act for ‘‘Supplemental Discre- tionary Grants for a National Surface Transportation System’’


text:
Page:United States Statutes at Large Volume 123.djvu/234

 123STA T . 21 4PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9to t heOf f ic eofthe S ec r et a r y of T ra nsp ortation , for ‘ ‘S u pp l e -m ental F un d in g for Facilities and Eq uipment ’ ’and‘‘ G rants- in- A id for Airports’’ to the Federal A v iation Administration for ‘‘ H igh w ay I nfrastructure Investment’’ to the Federal High- way Administration; for ‘‘ C apital Assistance for High Speed R ail Corridors and Intercity P assenger Rail Service’’ and ‘‘Cap- ital Grants to the N ational Railroad Passenger Corporation’’ to the Federal Railroad Administration; for ‘‘Transit Capital Assistance’’, ‘‘Fi x ed Guideway Infrastructure Investment’’, and ‘‘Capital Investment Grants’’ to the Federal Transit Administra- tion; and ‘‘Supplemental Grants for Assistance to Small Ship- yards’’ to the M aritime Administration .(3) G RANT R ECIP IENT. — The term ‘‘grant recipient’’ means a State or other recipient of assistance provided under a covered program in this Act. Such term does not include a Federal department or agency. (e) Notwithstanding any other provision of law, sections 3 501– 35 2 1 of title 4 4, U nited States Code, shall not apply to the provisions of this section. D EPARTMENT OF HOUSING AND UR B AN DE V E L OPMENT P UBL IC AN D INDIAN H O U S IN G PUBLIC H OUSING CAPITAL F UND For an additional amount for the ‘‘Pu b lic Housing Capital Fund’’ to carry out capital and management activities for public housing agencies, as authori z ed under section 9 of the United States Housing Act of 193 7 (42 U.S.C. 1437g) (the ‘‘Act’’), $ 4,000,000,000, to remain available until September 30, 2011
 * Provide

d , That the Secretary of Housing and Urban Development shall distribute $3,000,000,000 of this amount by the same formula used for amounts made avail- able in fiscal year 200 8, except that the Secretary may determine not to allocate funding to public housing agencies currently des- ignated as troubled or to public housing agencies that elect not to accept such funding: Provided fu r th er, That the Secretary shall obligate funds allocated by formula within 30 days of enactment of this Act: Provided further, That the Secretary shall ma k e avail- able $1,000,000,000 by competition for priority investments, including investments that leverage private sector funding or financing for renovations and energy conservation retrofit invest- ments: Provided further, That the Secretary shall obligate competi- tive funding by September 30, 2009: Provided further, That public housing authorities shall give priority to capital pro j ects that can award contracts based on bids within 120 days from the date the funds are made available to the public housing authorities: Provided further, That public housing agencies shall give priority consideration to the rehabilitation of vacant rental units: Provided further, That public housing agencies shall prioritize capital projects that are already underway or included in the 5-year capital fund plans required by the Act (42 U.S.C. 1437c–1(a)): Provided further, That notwithstanding any other provision of law, (1) funding pro- vided under this heading may not be used for operating or rental assistance activities, and (2) any restriction of funding to replace- ment housing uses shall be inapplicable: Provided further, That notwithstanding any other provision of law, the Secretary shall institute measures to ensure that funds provided under this heading Contrac t s.De a dli ne. Deadline.


text:
Page:United States Statutes at Large Volume 123.djvu/235

 123STA T . 21 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9shal ls erv e to s up ple m e n tan d not supplant e x pend i tures f rom other F ederal ,S tate, or lo c al sources or funds independentl yg en - erated b y the grantee
 * Provide

d fu r th er ,T hat not w ithstanding sec- tion 9(j) , public housing agencies shall obligate 10 0 percent of the funds within 1 year of the date on which funds become available to the agency for obligation, shall expend at least 6 0 percent of funds within 2 years of the date on which funds become available to the agency for obligation, and shall expend 100 percent of the funds within 3 years of such date: Provided further, That if a public housing agency fails to comply with the 1-year obligation re q uirement, the Secretary shall recapture all remaining unobli- gated funds awarded to the public housing agency and reallocate such funds to agencies that are in compliance with those require- ments: Provided further, That if a public housing agency fails to comply with either the 2-year or the 3-year expenditure require- ment, the Secretary shall recapture the balance of the funds awarded to the public housing agency and reallocate such funds to agencies that are in compliance with those requirements: Pro - vided further, That in administering funds appropriated or other- wise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation in connection with the obligation by the Secretary or the use of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That, in addition to waivers authori z ed under the previous proviso, the Secretary may direct that requirements relating to the procurement of goods and services arising under state and local laws and regulations shall not apply to amounts made available under this heading: Provided further, That of the funds made available under this heading, up to .5 percent shall be available for staffing, training, technical assistance, technology, monitoring, travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until Sep- tember 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses related to administering funding under this heading shall be trans- ferred to ‘ ‘ P ersonnel C ompensation and B enefits, O ffice of Public and I ndian H ousing ’ ’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to ‘‘ A dministration, Operations, and M anagement’’, for non-personnel expenses of the D epartment of Housing and U rban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to ‘‘ W or k ing Capital Fund’’. NATIVE A M E R I C A N H OUS IN G B L OC KG RANTS For an additional amount for ‘‘Native American Housing Block Grants’’, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (‘‘NAHASDA’’) (25 Waiver a utho rit y.D ea dl i n e s.


text:
Page:United States Statutes at Large Volume 123.djvu/236

 123STA T . 21 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9U.S. C . 41 11 ets e q . ),$5 1 0 ,000,000 t or e main a v ai l a b le u ntil Se p- tember 3 0, 2 011
 * Provide

d ,Th at $255,000,000 o f the amount pro- vi d ed under this headin g shall be distributed a c cording to the same funding formula used in fiscal y ear 200 8
 * Provided

fu r th er, That the Secretary shall obligate funds allocated by formula w ithin 30 days of enactment of this A ct: Provided further, That the amounts distributed through the formula shall be used for new construction, acquisition, rehabilitation including energy efficiency and conservation, and infrastructure development: Provided further, That in selecting pro j ects to be funded, recipients shall give priority to projects for which contracts can be awarded within 180 days from the date that funds are available to the recipients: Provided further, that the Secretary may obligate $255,000,000 of the amount provided under this heading for competitive grants to eligible enti- ties that apply for funds authori z ed under N A H AS D A: Provided further, That the Secretary shall obligate competitive funding by September 30, 200 9
 * Provided further, That in awarding competitive

funds, the Secretary shall give priority to projects that will spur construction and rehabilitation and will create employment opportunities for low-income and unemployed persons: Provided further, That recipients of funds under this heading shall obligate 100 percent of such funds within 1 year of the date funds are made available to a recipient, e x pend at least 50 percent of such funds within 2 years of the date on which funds become available to such recipients for obligation and expend 100 percent of such funds within 3 years of such date: Provided further, That if a recipient fails to comply with the 2-year expenditure requirement, the Secretary shall recapture all remaining funds awarded to the recipient and reallocate such funds through the funding formula to recipients that are in compliance with these requirements: Pro - vided further, That if a recipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds originally awarded to the recipient: Provided further, That notwithstanding any other provision of law, the Secretary may set aside up to 2 percent of funds made available under this paragraph for a housing entity eligible to receive funding under title VI II of NAHASDA ( 25 U.S.C. 4221 et seq.): Provided further, That in administering funds appropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation in connection with the obligation by the Secretary or the use of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That of the funds made available under this heading, up to .5 percent shall be available for staffing, training, technical assistance, technology, monitoring, travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses related to administering funding under this heading shall be transferred to ‘ ‘ P ersonnel Compensation and B enefits, O ffice of Public and Indian Housing ’ ’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the Waiver a utho rit y.D ea dl i n e s. Deadline. Deadline.


text:
Page:United States Statutes at Large Volume 123.djvu/237

 123STA T . 21 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9previous proviso s hal l g over n su c h t rans f erre d funds
 * Provide

d fu r -th er ,T hat an y funds m ade availa b le under this heading used by the S ecretary for training or other administrative e x penses shall be transferred to ‘ ‘ A dministration ,O perations, and M anagement ’ ’, for non - personnel expenses of the D epartment of H ousing and U rban Development: Provided further, That any funds made avail- able under this heading used by the Secretary for technology shall be transferred to ‘‘ W or k ing C apital F und’’ . C OM M UNITYPLA NNIN G AN D D EV ELO P MENT C OMMUNITY DEVELOPMENT F UND For an additional amount for ‘‘Community Development Fund’’ $1, 0 00,000,000, to remain available until September 3 0, 2 010 to carry out the community development block grant program under title I of the Housing and Community Development Act of 1 974( 42 U.S.C. 5 301 et se q . )
 * Provided, That the amount appropriated

in this paragraph shall be distributed pursuant to 42 U.S.C. 530 6 to grantees that received funding in fiscal year 200 8
 * Provided

further, That in administering the funds appropriated in this para- graph, the Secretary of Housing and Urban Development shall establish requirements to expedite the use of the funds: Provided further, That in selecting pro j ects to be funded, recipients shall give priority to projects that can a w ard contracts based on bids within 120 days from the date the funds are made available to the recipients: Provided further, That in administering funds appro- priated or otherwise made available under this heading, the Sec- retary may waive or specify alternative requirements for any provi- sion of any statute or regulation in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is necessary to expedite or facilitate the timely use of such funds and would not be inconsistent with the overall purpose of the statute. For the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authori z ed under division B , title III of the Housing and E conomic R ecovery Act of 2008 (‘‘the Act’’) (Public L aw 110 – 289) (42 U.S.C. 5301 note), $2,000,000,000, to remain available until September 30, 2010: Pro- vided, That grantees shall expend at least 50 percent of allocated funds within 2 years of the date funds become available to the grantee for obligation, and 100 percent of such funds within 3 years of such date: Provided further, That unless otherwise noted herein, the provisions of the Act govern the use of the additional funds made available under this heading: Provided further, That notwithstanding the provisions of sections 2301(b) and (c)(1) and section 2302 of the Act, funding under this paragraph shall be allocated by competitions for which eligible entities shall be States, units of general local government, and nonprofit entities or consortia of nonprofit entities, which may submit proposals in partnership with for profit entities: Provided further, That in selecting grantees, the Secretary of Housing and Urban Development shall ensure that the grantees are in areas with the greatest number and percentage of foreclosures and can expend funding within the period allowed under this heading: Provided further, That additional award criteria for such competitions shall include demonstrated grantee Awardc r ite ria .D ead l i n e s . W ai v era u t ho rit y . R e q uire m ents.


text:
Page:United States Statutes at Large Volume 123.djvu/238

 123STA T . 21 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9cap ac ity t oex ec u tep r o j ect s,l e v era g i n g potential, concentration o f invest m ent to ac h ieve neigh b orhoo d stabili z ation, and any addi - tional factors determined by the S ecretary of H ousing and U rban D evelopment
 * Provide

d fu r th er ,T hat the Secretary may establish a minimum grant size: Provided further, That the Secretary shall publish criteria on w hich to base competition for any grants awarded under this heading not later than 75 days after the enact- ment of this A ct and applications shall be due to HUD not later than 1 5 0 days after the enactment of this Act: Provided further, That the Secretary shall obligate all funding within 1 year of enactment of this Act: Provided further, That section 23 01 ( d ) ( 4 ) of the Act is repealed: Provided further, That section 2301(c)(3)( C ) of the Act is amended to read ‘ ‘establish and operate land ban k s for homes and residential properties that have been foreclosed upon ’ ’: Provided further, That funding used for section 2301(c)(3)( E ) of the Act shall be available only for the redevelopment of demol- ished or vacant properties as housing: Provided further, That no amounts made available from a grant under this heading may be used to demolish any public housing (as such term is defined in section 3 of the United States Housing Act of 1 9 37(42U . S.C. 1437a)): Provided further, That a grantee may not use more than 10 percent of its grant under this heading for demolition activities under section 2301(c)(3)(C) and (D) unless the Secretary determines that such use represents an appropriate response to local market conditions: Provided further, That the recipient of any grant or loan from amounts made available under this heading or, after the date of enactment under division B , title I II of the Housing and Economic R ecovery Act of 200 8, may not refuse to lease a dwelling unit in housing with such loan or grant to a participant under section 8 of the United States Housing Act of 1937 (42 U.S.C 1437f) because of the status of the prospective tenant as such a participant: Provided further, That in addition to the eligible uses in section 2301, the Secretary may also use up to 10 percent of the funds provided under this heading for grantees for the provision of capacity building of and support for local communities receiving funding under section 2301 of the Act or under this heading: Provided further, That in administering funds appro- priated or otherwise made available under this section, the Sec- retary may waive or specify alternative re q uirements for any provi- sion of any statute or regulation in connection with the obligation by the Secretary or the use of funds except for requirements related to fair housing, nondiscrimination, labor standards and the environ- ment, upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That in the case of any acquisition of a foreclosed upon dwelling or residential real property acquired after the date of enactment with any amounts made available under this heading or under division B, title III of the Housing and Economic Recovery Act of 2008 ( P ublic L aw 110 – 289), the initial successor in interest in such property pursuant to the foreclosure shall assume such interest subject to: (1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure: (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on Forecl o su re .N o ti ce. 42USC5301n ote. Wa i v er aut h orit y . 42 USC 5301 note. 42 USC 5301 note. D ea d line. P u b lication. Criteria. Deadlines.


text: Dictionary of National Biography, 1885-1900/Montfort, Eleanor of


text:
Page:United States Statutes at Large Volume 123.djvu/239

 123STA T . 21 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 theda te ofs a l eofthe uni ttoa p u rc haser w ho will occup y the unit as a pri m ary residence , su bj ect to the receipt by the tenant of the 90- day notice under this para g raph or (B) without a lease or with a lease terminable at will under S tate law, subject to the receipt by the tenant of the 90-day notice under this paragraph, e x cept that nothing in this paragraph shall affect the re q uirements for termination of any F ederal- or State-subsidi z ed tenancy or of any State or local law that pro v ides longer time periods or other additional protections for tenants
 * Provide

d fu r th er, T hat, for pur- poses of this paragraph, a lease or tenancy shall be considered bona fide only if: ( 1 ) the mortgagor under the contract is not the tenant; ( 2 ) the lease or tenancy was the result of an arms- length transaction; and ( 3 ) the lease or tenancy requires the receipt of rent that is not substantially less than fair mar k et rent for the property: Provided further, That the recipient of any grant or loan from amounts made available under this heading or, after the date of enactment, under division B, title I II of the H ousing and E conomic R ecovery A ct of 200 8 ( P ublic L aw 110 – 289) may not refuse to lease a dwelling unit in housing assisted with such loan or grant to a holder of a voucher or certificate of eligibility under section 8 of the U nited States Housing Act of 193 7 ( 4 2 U . S. C . 1437f) because of the status of the prospective tenant as such a holder: Provided further, That in the case of any qualified foreclosed housing for which funds made available under this heading or, after the date of enactment, under division B, title III of the Housing and Economic Recovery Act of 2008 (Public Law 110–289) are used and in which a recipient of assistance under section 8(o) of the U.S. Housing Act of 1937 resides at the time of foreclosure, the initial successor in interest shall be subject to the lease and to the housing assistance payments contract for the occupied unit: Provided further, That vacating the property prior to sale shall not constitute good cause for termination of the tenancy unless the property is unmarketable while occupied or unless the owner or subsequent purchaser desires the unit for personal or family use: Provided further, That if a public housing agency is unable to make payments under the contract to the immediate successor in interest after foreclosures, due to (1) an action or inaction by the successor in interest, including the rejec- tion of payments or the failure of the successor to maintain the unit in compliance with section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C.1437f) or (2) an inability to identify the successor, the agency may use funds that would have been used to pay the rental amount on behalf of the family — (i) to pay for utilities that are the responsibility of the owner under the lease or applicable law, after taking reasonable steps to notify the owner that it intends to make payments to a utility provider in lieu of payments to the owner, except prior notification shall not be required in any case in which the unit will be or has been rendered uninhabitable due to the termination or threat of termination of service, in which case the public housing agency shall notify the owner within a reasonable time after making such payment; or (ii) for the family ’ s reasonable moving costs, including security deposit costs: Provided further , That this paragraph shall not pre- empt any Federal, State or local law that provides more protections for tenants: Provided further, That of the funds made available under this heading, up to 1 percent shall be available for staffing, training, technical assistance, technology, monitoring, travel, 42USC5301note. Cont rac t s .


text:
Page:United States Statutes at Large Volume 123.djvu/240

 123STA T . 22 0PUBLIC LA W 111 –5—FE B.1 7, 200 9enforc e m en t, re s e a rc h an d e v a lu at i on activities
 * Provide

d fu r th er, T hat funds set aside in the p revious proviso shall remain availa b le until S eptember 30, 2 0 1 2: Provided further, That an y funds made available under this headin g used by the Secretary for personnel e x penses related to administering funding under this heading shall be transferred to ‘ ‘ P ersonnel C ompensation and B enefits, Commu - nity Planning and D evelopment ’ ’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to ‘‘ A dministration, O perations, and M anagement’’ for non-per- sonnel expenses of the Department of H ousing and U rban Develop- ment: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to ‘‘ W or k ing Capital F und’’ .HOMEINV E ST MENT PAR TNERSHIPS PRO G RAM For an additional amount for capital investments in lo w -income housing tax credit pro j ects, $ 2,2 5 0,000,000, to remain available until September 30, 2011: Provided , That such funds shall be made available to State housing credit agencies, as defined in section 4 2 ( h ) of the I nternal R evenue Code of 1 986, and shall be apportioned among the States based on the percentage of HOM E funds appor- tioned to each State and the participating jurisdictions therein for Fiscal Y ear 2008: Provided further, That the housing credit agencies in each State shall distribute these funds competitively under this heading and pursuant to their q ualified allocation plan (as defined in section 42(m) of the Internal Revenue Code of 1986) to owners of projects who have received or receive simultaneously an award of low-income housing tax credits under section 42(h) of the Internal Revenue Code of 1986: Provided further, That housing credit agencies in each State shall commit not less than 7 5 percent of such funds within one year of the date of enactment of this Act, and shall demonstrate that the project owners shall have expended 75 percent of the funds made available under this heading within two years of the date of enactment of this Act, and shall have expended 100 percent of the funds within 3 years of the date of enactment of this Act: Provided further, That failure by an owner to expend funds within the parameters required within the previous proviso shall result in a redistribution of these funds by a housing credit agency to a more deserving project in such State, except any funds not expended after 3 years from enactment shall be redistributed by the Secretary to other States that have fully utili z ed the funds made available to them: Provided further, That projects awarded low income housing tax credits under section 42(h) of the IRC of 1986 in fiscal years 2007, 2008, or 2009 shall be eligible for funding under this heading: Provided further, That housing credit agencies shall give priority to projects that are expected to be completed within 3 years of enactment: Provided further, That any assistance provided to an eligible low income housing tax credit project under this heading shall be made in the same manner and be subject to the same limitations (including rent, income, and use restrictions, in lieu of corresponding limita- tions under the HOME program) as required by the state housing Deadlin e s.


text:
Page:United States Statutes at Large Volume 123.djvu/241

 123STA T . 221 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9creditag e n c yw it h re sp ect t o an award o fl ow inco m eho u sing credits under section 42 of the IRC of 1986:Provide d fu r th er ,T hat the housing credit agency shall perform asset management functions , or shall contract for the performance of such ser v ices, in either case, at the owner ’ se x pense, to ensure compliance with section 42 of the IRC of 1986, and the long term via b ility of buildings funded by assistance under this heading: Provided further, That the term eligible basis ( as such term is defined in such section 42 ) ofa q ualified low - income housing tax credit building receiving assistance under this heading shall not be reduced by the amount of any grant described under this heading: Provided further, That the S ecretary shall be given access upon reasonable notice to a State housing credit agency to information related to the award of F ederal funds from such housing credit agency pursu- ant to this heading and shall establish an Internet site that shall identify all pro j ects selected for an award, including the amount of the award and such site shall provide lin k age to the housing credit agency allocation plan which describes the process that was used to make the award decision: Provided further, That in admin- istering funds under this heading, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading and requirements related to fair housing, non-discrimi- nation, labor standards and the environment, upon a finding that such waiver is required to expedite the use of such funds: Provided further, That for purposes of environmental compliance review, funds under this heading that are made available to State housing credit agencies for distribution to projects awarded low income housing tax credits shall be treated as funds under the HOME program and shall be subject to Section 288 of the HOME Invest- ment P artnership A ct .HOMEL E S S N ESS PR E V EN TI ON FU N D For homelessness prevention and rapid re-housing activities, $ 1, 50 0,000,000, to remain available until September 3 0, 2011: Pro - vided, That funds provided under this heading shall be used for the provision of short-term or medium-term rental assistance housing relocation and stabili z ation services including housing search, mediation or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management; or other appropriate activities for homelessness prevention and rapid re-housing of persons who have become home- less: Provided further, That grantees receiving such assistance shall collect data on the use of the funds awarded and persons served with this assistance in the H UD Homeless Management Information System ( ‘ ‘HMIS’’) or other comparable database: Provided further, That grantees may use up to 5 percent of any grant for administra- tive costs: Provided further, That funding made available under this heading shall be allocated to eligible grantees (as defined and designated in sections 411 and 412 of subtitle B of title I V of the Mc K inney-Vento Homeless Assistance Act, (the ‘‘Act’’)) pursu- ant to the formula authorized by section 413 of the Act: Provided further, That the Secretary may establish a minimum grant size: Provided further, That grantees shall expend at least 60 percent Deadlin e s.W ai v e r a utho rit y . We b site. C ontra c ts.