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Page:United States Statutes at Large Volume 123.djvu/952

 123STA T .9 32 PUBLIC LA W 111 –8—M A R .11, 2 0 09 ADMIN I STR ATI VEP R O VISIONS —F EDERA L MOTOR C ARRIER SAFET Y ADMINISTRATION S EC .135 . Fundsap p ro pr i a te dor l i m ited in t h is Ac t shall b e sub j ect to the terms and conditions stipulated in section 35 0 o fP ublic L a w 10 7–8 7 and section 69 01 of Public Law 110– 2 8, includin g that the Secretar y submit a report to the H ouse and Senate Appropriations C ommittees annually on the safety and secu - rity of transportation into the U nited States by M e x ico-domiciled motor carriers. SEC. 136. N one of the funds appropriated or otherwise made a v ailable under this Act may be used, directly or indirectly, to establish, implement, continue, promote, or in any way permit a cross-border motor carrier demonstration program to allow Mexi- can-domiciled motor carriers to operate beyond the commercial z ones along the international border between the United States and Mexico, including continuing, in whole or in part, any such program that was initiated prior to the date of the enactment of this Act. NATIONAL HI GHW AY T RAFFIC SAFETY ADMINISTRATION OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Sec- retary, with respect to traffic and highway safety under subtitle C of title X of Public Law 109–59 and chapter 301 and part C of subtitle VI of title 4 9, United States Code, $ 127,000,000, of which $31,670,000 shall remain available until September 30, 2010
 * Provide

d , That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rule- ma k ing to add to section 575.104 of title 49 of the Code of Federal R egulations any re q uirement pertaining to a grading standard that is different from the three grading standards ( treadwear, traction, and temperature resistance ) already in effect. OPERATIONS AND RESEARCH ( LI QU IDATION OF CONTRACT AUTHORI Z ATION ) (LIMITATION ON O B LIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provi- sions of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2009, are in excess of $105,500,000 for programs authorized under 23 U.S.C. 403: Pro - vided fu r th er, That within the $105,500,000 obligation limitation for operations and research, $26,908,000 shall remain available until September 30, 2010 and shall be in addition to the amount of any limitation imposed on obligations for future years. Reports.D e adlin e.


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Page:United States Statutes at Large Volume 123.djvu/953

 123STA T .9 33 PUBLIC LA W 111 –8—M A R .11, 2 0 09 NATIO NA LDR I VE RRE G I S TER ( LI QU IDATION O FC ONTRACT AUT H ORI Z ATION ) (LI M ITATION ON O B LIGATIONS) (HIGH W A Y TRUST FUND) Forpayment o f o blig ation s in cu rre d in carrying out c h apter 30 3 of title 49,U nited S tates C ode, $ 4,000,000, to be deri v ed from the H igh w ay T rust Fund ( other than the M ass Transit A ccount ) and to remain available until e x pended
 * Provide

d, That none of the funds in this Act shall be available for the implementation or execution of programs the total obligations for which, in fiscal year 2 009, are in excess of $4,000,000 for the N ational D river R egister authori z ed under such chapter . HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LLIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provi - sions of 23 U.S.C. 402, 40 5 ,40 6 ,40 8, and4 1 0 and sections 2001(a)(11), 2009, 2010, and 2011 of P ublic L aw 109 – 59, to remain available until expended, $619,500,000 to be derived from the High- way Trust Fund (other than the Mass Transit Account): Provided , That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2009, are in excess of $619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which $235,000,000 shall be for ‘ ‘Highway Safety Programs ’ ’ under 23 U.S.C. 402 $25,000,000 shall be for ‘‘ O ccupant Protection I ncentive G rants’’ under 23 U.S.C. 405; $124,500,000 shall be for ‘‘Safety B elt Performance Grants’’ under 23 U.S.C. 406, and such obligation limitation shall remain available until September 30, 2010 in accordance with subsection (f) of such section 406 and shall be in addition to the amount of any limitation imposed on obligations for such grants for future fiscal years; $34,500,000 shall be for ‘‘State Traffic Safety Information System Improvements’’ under 23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol-Impaired Driving Countermeasures Incentive Grant Program’’ under 23 U.S.C. 410; $18,500,000 shall be for ‘‘Administrative E xpenses’’ under section 2001(a)(11) of Public Law 109–59; $29,000,000 shall be for ‘‘High V isibility Enforcement Program’’ under section 2009 of Public Law 109–59; $ 7 ,000,000 shall be for ‘‘Motorcyclist Safety’’ under section 2010 of Public Law 109–59; and $7,000,000 shall be for ‘‘Child Safety and Child Booster Seat Safety Incentive Grants’’ under sec- tion 2011 of Public Law 109–59: Provided fu r th er, That none of these funds shall be used for construction, rehabilitation, or remod- eling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds made available for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be avail- able for technical assistance to the States: Provided further, That

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Page:United States Statutes at Large Volume 123.djvu/954

 123STA T .9 3 4PUBLIC LA W 111 –8—M A R .11, 2 0 09 not to exc ee d$750, 000 o f t h ef u nd sma dea v a il a b le fo r the ‘ ‘ H i g h V isibilit yE nforcement P rogram ’ ’ shall be available for the evalua - tion re q uired under section 2 00 9( f ) of Public L a w1 09 – 59 .ADMIN I STR ATI VEP R O VISIONS — NATIONA LH I G H W A Y TRA F FI C SAFETY ADMINISTRATION ( INCL U DING RESCISSIONS )S EC. 1 4 0. N otwithstanding any other p rovision of law or limita- tion on the use of funds made available under section 40 3 of title 23, U nited States C ode, an additional $130,000 shall be made available to the National Highway T raffic Safety A dministration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. SEC. 141. O f the amounts made available under the heading ‘‘Operations and R esearch (Liquidation of Contract Authori z ation) (Limitation on Obligations) (Highway Trust F und)’’ in prior appro- priations Acts, $10,900,000 in unobligated balances are permanently rescinded. SEC. 142. Of the amounts made available under the heading ‘‘National D river Register (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’’ in prior appro- priations Acts, $544,000 in unobligated balances are permanently rescinded. SEC. 143. Of the amounts made available under the heading ‘‘Highway Traffic Safety G rants (Liquidation of Contract Authoriza- tion) (Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $ 6 0,200,000 in unobligated balances are perma- nently rescinded. FEDERAL RAILROAD ADMINISTRATION SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $159,445,000, of which $12,26 8 ,890 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $33,950,000, to remain available until expended. CAPITAL ASSISTANCE TO STATES—INTERCITY PASSENGER RAIL SERVICE To enable the Federal Railroad Administrator to ma k e grants to States for the capital costs of improving existing intercity pas- senger rail service and providing new intercity passenger rail service, $90,000,000, to remain available until expended
 * Provide

d , That grants shall be provided to a State only on a reimbursable basis: Provided fu r th er, That grants cover no more than 50 percent of the total capital cost of a pro j ect selected for funding: Provided further, That no more than 10 percent of funds made available under this program may be used for planning activities that lead Grants.


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Page:United States Statutes at Large Volume 123.djvu/955

 123STA T .9 3 5PUBLIC LA W 111 –8—M A R .11, 2 0 09 directly t o t h ede v elo pm e n to fa pa s sen g er rail corridor investment plan consistent w ith the re qu irements esta b lished by the A dminis - trator
 * Provide

d fu r th er ,T hat no later than eight months following enactment of this Act , the S ecretary shall establish and publish criteria for pro j ect selection, set a deadline for grant applications, and provide a schedule for project selection: Provided further, That to be eligible for this assistance, States must include intercity passenger rail service as an integral part of statewide transportation planning as required under section 135 of title 2 3, U nited States C ode: Provided further, That to be eligible for capital assistance the specific project must be on the Statewide Transportation I mprovement P lan at the time of the application to qualify: Provided further, That the Secretary give priority to capital and planning applications for projects that improve the safety and reliability of intercity passenger trains, involve a commitment by freight rail- roads to an enforceable on-time performance of passenger trains of 80 percent or greater, involve a commitment by freight railroads of financial resources commensurate with the benefit e x pected to their operations, improve or extend service on a route that requires little or no F ederal assistance for its operations, and involve a commitment by States or railroads of financial resources to improve the safety of highway / rail grade crossings over which the passenger service operates: Provided further, That the Administrator is directed to report to the Committees on Appropriations not later than 180 days upon enactment of this Act detailing the recipients and outcomes of grants issued pursuant to Public L aw 110 – 11 6, under this heading, the Capital Assistance to States Program, any and all usage and performance fees paid to a freight railroad for access to the right of way: Provided further, That the Adminis- trator may retain up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading .RAIL R O A D R EH A B ILI T ATIO N AND I MP RO V EMENT F INAN C IN G PROGRAM The Secretary of Transportation is authori z ed to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the R ailroad Revitalization and Regulatory Reform Actof1 97 6 ( Public Law 9 4 –210 ) , as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit ris k premium during fiscal year 2009. RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM For necessary expenses of carrying out section 20154 of title 49, United States Code, as authorized by section 9002 of Public Law 109–59, $ 25,000,000, to remain available until expended. Reports.D e adlin e. Deadline. Pub li c ation. C riteria.


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Page:United States Statutes at Large Volume 123.djvu/956

 123STA T .9 3 6PUBLIC LA W 111 –8—M A R .11, 2 0 09 OPERATING GRANT S TOT H E NATIONA L RAILROA D PASSENGER C ORPORATION Toenabl e th e S e cr etar y o f Tran sp ortat i on to m a k e qu arterly g rants to the N ational R ailroa dP assenger C orporation for operation of intercity passenger rail ,$5 5 0 ,000,000, to remain a v ailable until e x pended
 * Provide

d , That the Secretary shall w ithhold such sums as shall be necessary for the costs associated with the second retroactive wage payment to A mtrak employees and shall transmit such funding to the corporation for the sole and exclusive purpose of making such payments only at such time as said payments are due: Provided fu r th er, That such remaining amounts available under this paragraph shall be available for the Secretary to approve funding to cover operating losses for the Corporation only after receiving and reviewing a grant request for each specific train route: Provided further, That each such grant request shall be accompanied by a detailed financial analysis, revenue pro j ection, and capital expenditure projection justifying the F ederal support to the Secretary ’ s satisfaction: Provided further, That the Corpora - tion is directed to achieve savings through operating efficiencies including, but not limited to, modifications to food and beverage service and first class service: Provided further, That the I nspector G eneral of the D epartment of Transportation shall report to the H ouse and Senate Committees on Appropriations beginning 3 months after the date of the enactment of this Act and quarterly thereafter with estimates of the savings accrued as a result of all operational reforms instituted by the Corporation: Provided fur - ther, That not later than 12 0 days after enactment of this Act, the Corporation shall transmit to the House and Senate Committees on Appropriations the status of its plan to improve the financial performance of food and beverage service and its plan to improve the financial performance of first class service ( including sleeping car service )
 * Provided further, That the Corporation shall report

quarterly to the House and Senate Committees on Appropriations on its progress against the milestones and target dates contained in the plan provided in fiscal year 200 8 and quantify savings reali z ed to date on a monthly basis compared to those projected in the plan, identify any changes in the plan or delays in imple- menting these plans, and identify the causes of delay and proposed corrective measures: Provided further, That not later than 9 0 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary, the House and Senate Commit- tees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation a comprehensive business plan approved by the B oard of Directors for fiscal year 2009 under section 2 4 104(a) of title 49, U nited States Code: Provided further, That the business plan shall include, as applicable, targets for ridership, revenues, and capital and operating expenses: Provided further, That the plan shall also include a separate accounting of such targets for the Northeast Corridor commuter service; long- distance Amtrak service; State-supported service; each intercity train route, including Autotrain; and commercial activities including contract operations: Provided further, That the business plan shall include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects Deadlin e .Bus iness p lan. R ep ort s. Deadline. Deadline. P lans. Reports. Deadlines.


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Page:United States Statutes at Large Volume 123.djvu/957

 123STA T .9 3 7PUBLIC LA W 111 –8—M A R .11, 2 0 09 cover e dbythis b u si n ess pla n
 * Provide

d fu r th er ,T hat the C orpora - tion shall continue to provide m onthly reports in electronic f ormat re g arding the pending business plan, w hich shall describe the wor k completed to date, any changes to the business plan, and the reasons for such changes, and shall identify all sole source contract awards which shall be accompanied by a j ustification as to why said contract was awarded on a sole source basis: Provided further, That the Corporation ’ s business plan and all subse q uent supple- mental plans shall be displayed on the Corporation’s website within a reasonable timeframe following their submission to the appro- priate entities: Provided further, That none of the funds under this heading may be obligated or e x pended until the Corporation agrees to continue abiding by the provisions of paragraphs 1, 2 , 5 , 9 , and 11 of the summary of conditions for the direct loan agreement of J une 2 8 ,2 0 02, in the same manner as in effect on the date of enactment of this A ct: Provided further, That none of the funds provided in this Act may be used after M arch 1, 200 6, to support any route on which Amtrak offers a discounted fare of more than 50 percent off the normal, peak fare: Provided further, That the preceding proviso does not apply to routes where the operating loss as a result of the discount is covered by a S tate and the State participates in the setting of fares: Provided further, That of the amounts made available under this heading not less than $ 18,500,000 shall be available for the Amtrak O ffice of I nspector G eneral .CAPIT A L A ND D EB T S E RV ICE G RANTS T O T H E NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make quarterly grants to the N ational R ailroad P assenger Corporation for the maintenance and repair of capital infrastructure owned by the Corporation, including railroad equipment, rolling stock, legal man- dates and other services, $9 4 0,000,000, to remain available until expended, of which not to exceed $285,000,000 shall be for debt service obligations: Provided, That the Secretary may retain up to one-quarter of 1 percent of the funds under this heading to fund the oversight by the F ederal Railroad Administration of the design and implementation of capital projects funded by grants made under this heading: Provided further, That the Secretary shall approve funding for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a grant request for each specific capital grant justifying the Federal support to the Secretary’s satisfaction: Provided further, That none of the funds under this heading may be used to subsidi z e operating losses of the Corporation: Provided further, That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or on the Corporation’s fiscal year 2009 business plan: Provided further , That, the business plan shall be accompanied by a com- prehensive fleet plan for all Amtrak rolling stock which shall address the Corporation’s detailed plans and timeframes for the maintenance, refurbishment, replacement and expansion of the Amtrak fleet: Provided further, That said fleet plan shall establish year-specific goals and milestones and discuss potential, current, and preferred financing options for all such activities. Fle e tp l an.W e b p os t i n g. R epo r ts. D ea d line.


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Page:United States Statutes at Large Volume 123.djvu/958

 123STA T .9 3 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 EF F IC IE N C Y INCEN T I V E GRA NT S T O T H E NATIONA L RAILROA DP ASSENGER CORPORATION ( RESCISSION )Oftheamoun t s ma d ea v a il a b le unde r this headin g in P ubli cL a w s 109– 11 5 and 110–5 , all unobligated balances as of the date of enactment of this p rovision are hereb y rescinded . AD M INISTRATIVE PROVISIONS — FEDERAL RAILROAD ADMINISTRATION S EC. 151. T he Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish the purposes of 4 9 U .S. C. 2 01 3 4
 * Provide

d, That the Secretary shall prescribe guidelines for the administration of such purchases and use. SEC. 152. H ereafter, notwithstanding any other provision of law, funds provided in this A ct for the N ational R ailroad Passenger Corporation shall immediately cease to be available to said Corpora - tion in the event that the Corporation contracts to have services provided at or from any location outside the United States. F or purposes of this section, the word ‘ ‘services ’ ’ shall mean any service that was, as of J uly 1, 200 6, performed by a full-time or part- time Amtra k employee whose base of employment is located within the United States. SEC. 153. The Secretary of Transportation may receive and e x pend cash, or receive and utili z e spare parts and similar items, from non-United States G overnment sources to repair damages to or replace United States Government owned automated track inspection cars and e q uipment as a result of third party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of auto- mated track inspection cars and equipment in connection with the automated track inspection program. SEC. 154. The Federal Railroad Administrator shall submit a quarterly report on April 1, 2009, and quarterly reports thereafter, to the House and Senate Committees on Appropriations detailing the Administrator’s efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property. Such reports shall compare the most recent actual on- time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service, identified by route. Such reports shall also include whatever other information and data regarding the on-time performance of Amtrak trains the Administrator deems to be appropriate. The amounts made avail- able in this title under the heading ‘‘Office of the Secretary, Salaries and E xpenses’’ shall be reduced $ 100,000 for each day after the first day of each quarter that the quarterly reports required by this section are not submitted to the Congress. Fines.R e port s. D e adl ines. De f inition. Gu idelines.


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Page:Dio's Roman History, tr. Cary - Volume 1.djvu/159

Rh have a helper and avenger. And this they did not once only, but the idea now conceived in this form kept growing, and they appointed their representative for a year, as to some office. The men were called in the tongue of the Latins tribuni, — the same name that was given to the commanders of a thousand, — but were styled démarchoi [leaders of the people] in the Greek language. In order, however, to distinguish between the titles of the tribunes, they added in the one case the phrase "of the soldiers," and in the other the phrase "of the people." Now these tribunes of the people (or démarchoi) became responsible for great evils that befell Rome. For though they did not immediately secure the title of magistrates, they gained power beyond all the others, defending every one who begged protection and rescuing every one who called upon them not only from private individuals, but from the very magistrates, except the dictators. If any one ever invoked them when absent, he, too, was released from the person holding him prisoner and was either brought before the populace by them or was set free. And if ever they saw fit that anything should not be done, they prevented it, whether the person acting were a private citizen or a magistrate; and if the populace or the senate was about to do or vote anything and a single tribune opposed it, the action or the vote became null and void. As time went on, they were allowed, or allowed themselves, to summon the senate, to punish anybody who disobeyed them, to practise divination, and to hold court. And in the case of anything


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Page:United States Statutes at Large Volume 123.djvu/959

 123STA T .9 39 PUBLIC LA W 111 –8—M A R .11, 2 0 09 FED E RALT RA NSITA D M INISTRATI O N ADMINISTRATI V EE XP ENSES ( IN C L U DIN G TRANS F ER OF FUNDS ) F ornec e s s a r y a dmi nis t rati v ee xp enses o f t h e Federa l Transit Administration ’ s pro g rams a u thori z ed b y chapter 53 of title 49,U nited S tates C ode, $ 94,4 1 3, 0 00
 * Provide

d, That of the funds avail - able under this heading, not to exceed $1, 8 00,000 shall be available for travel and not to exceed $ 2 3,322,000 shall be available for the central account: Provided fu r th er, That any funding transferred from the central account shall be submitted for approval to the H ouse and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That of the funds in this Act available for the execution of contracts under section 532 7( c ) of title 49, United States Code, $2,000,000 shall be transferred to the D epart- ment of Transportation’s O ffice of I nspector G eneral for costs associ- ated w ith audits and investigations of transit-related issues, including reviews of new fixed guideway systems: Provided further, That upon submission to the Congress of the fiscal year 2010 P resident’s budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2010 . FORMULA AND B US GRANTS (LI Q UIDATION OF CONTRACT AUT H ORIT Y ) (LIMITATION ON OBLIGATIONS) (HIGH W AY TRUST FUND) For payment of obligations incurred in carrying out the provi- sions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 531 6, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public L aw 105 – 178, as amended, $8,670,000,000 to be derived from the M ass Transit Account of the Highway Trust Fund and to remain available until expended: Provided, That funds available for the implementa- tion or execution of programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105–178, as amended, shall not exceed total obligations of $8,260,565,000 in fiscal year 2009. RESEARCH AND UNIVERSITY RESEARCH CENTERS For necessary expenses to carry out 49 U.S.C. 5306, 5312– 5315, 5322, and 5506, $67,000,000, to remain available until expended: Provided, That $10,000,000 is available to carry out the transit cooperative research program under section 5313 of title 49, United States Code, $4,300,000 is available for the N ational Transit Institute under section 5315 of title 49, United States Code, and $7,000,000 is available for university transportation cen- ters program under section 5506 of title 49, United States Code: Provided further, That $45,700,000 is available to carry out national research programs under sections 5312, 5313, 5314, and 5322 of title 49, United States Code. Reports.D e adlin e.


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Page:United States Statutes at Large Volume 123.djvu/960

 123STA T .940PUBLIC LA W 111 –8—M A R .11, 2009 CAPIT A L I NVES T M ENT GR ANTS Fornec e s s a r y e xp enses t o carry o u t sect i on 5309 o f tit l e 4 9 ,U nite dS tates C ode, $1, 8 09, 2 50,000, to re m ain a v aila b le until expended, of wh ich no less than $200,000,000 is for section 5309 ( e ) of such title
 * Provide

d, T hat of the funds available under this headin g , amounts are to be made available as follows: A C Transit BR T Corridor, California, $4,000,000 . Bellevue - Redmond BRT, K ing County, W ashington, $10,952,330. BRT, P otomac Y ard-Crystal City, City of Alexandria and Arlington County, V irginia, $1,000,000. BRT, State Avenue Corridor, Wyandotte County, Kansas, $1,500,000. Central Corridor L ight Rail Transit Pro j ect, M innesota, $20,000,000. Central Florida Commuter Rail, Florida, $13,000,000. Central Lin kI nitial Segment, Seattle, Washington, $25,9 6 2,062. Central Phoenix /E ast Valley Light Rail, Ari z ona, $91,800,000. Charlotte Rapid Transit Extension, N orth Carolina, $20,500,000. Commuter Rail Improvements, Fitchburg, Massachusetts, $30,000,000. Commuter Rail Study — Phoenix to Tucson, Arizona, $3,500,000. CTA Brown Line (Ravenswood), Illinois, $30,4 7 4,404. CTA Circle Line, Illinois, $6,000,000. D allas Area Rapid Transit Northwest/Southeast Light Rail M O S, Texas, $87,974,716. Downtown Orlando East-West Circulator System, Florida, $8,000,000. Dulles Corridor Metrorail, Virginia, $29,100,000. H onolulu High Capacity Transit Corridor Project, Hawaii, $20,000,000. Houston Metropolitan Transit Authority Advanced Transit Program/METRO Solutions Phase 2, Texas, $15,000,000. Hudson-Bergen MOS – 2, Northern, New J ersey, $1,103,860. I–69 HOV/BRT, Mississippi, $7,650,000. Improvements to the Rosslyn Metro Station, Virginia, $2,000,000. JTA BRT System, Jacksonville, Florida, $1,280,000. Largo Metrorail Extension, District of Columbia/Maryland, $34,700,000. Livermore-Amador BRT, Livermore, California, $7,990,000. Long Island Rail Road East Side Access, New York, $209,623,898. Mason Corridor BRT, Fort Collins, Colorado, $11,182,000. MARC Capacity Improvements, Maryland, $13,000,000. Metra, Illinois, $24,000,000. Metro G old Line Eastside Extension, Los Angeles, Cali- fornia, $81,600,000. Metrorail Orange Line Extension Project, Florida, $20,000,000. Metro Rapid Bus System Gap Closure, Los Angeles, Cali- fornia, $332,620.


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Page:United States Statutes at Large Volume 123.djvu/961

 123STA T .94 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 Mid-C i tyRap id ,S a nD i ego ,Ca l i f o r nia, $19, 485 , 0 00 . Mid J ordan L ig h t Rail Ex ten s ion, U tah, $ 2 0,000,000. Mo u ntain Lin k s B R T , F lagstaff, A ri z ona, $5, 6 14,200. N orfolk LRT, V irginia, $5 3 ,592,108. North Shore LRT Conne c tor, P ennsyl v ania, $6 7 0,885. Northern I ndiana Co m muter Transit District, Indiana, $5,000,000. Northstar Corridor Rail, Minnesota, $71,166,060. Pacific H igh w ay South BRT, K ing County, W ashington, $281,520. Perris Valley Line, Riverside, California, $45,000,000. Pioneer Parkway Em X BRT, Springfield, O regon, $296,000. San Francisco Muni Third Street Light Rail — Central Su b - way Pro j ect, California, $10,000,000. Second Avenue Subway Phase 1, New Y ork, $277,697,000. South Corridor BRT, Kent County, Michigan, $600,000. South Corridor I – 205 / Portland Mall LRT, Oregon, $81,600,000. South County Commuter Rail, Wickford Junction Station, Rhode Island, $1,345,500. South Sacramento Light Rail Extension, California, $7,000,000. Southeast Corridor, LRT, Colorado, $1,031,210. Stamford Urban Transitway, Connecticut, $3,650,000. Streetcar Loop, Portland, Oregon, $45,000,000. Trans-Hudson Midtown Corridor, New Jersey, $48,000,000. Troost Corridor BRT, Kansas City, Missouri, $125,200. Tucson Modern Streetcar/Light Rail Transit System, Tuc- son, Arizona, $2,000,000. University Link LRT Extension, Washington, $100,000,000. Van Ness BRT Project, San Francisco, California, $400,000. VRE Rolling Stock, Virginia, $5,000,000. Weber County to Salt Lake City Commuter Rail, Utah, $81,600,000. West Corridor LRT, Colorado, $60,000,000. Wilshire Boulevard Bus-Only Lane, Los Angeles, Cali- fornia, $9,857,097. ADMIN I STR ATI VEP R O VISIONS— F EDERA L TRANSIT ADMINISTRATION ( IN C L U DIN G RESCISSIONS ) SEC. 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation. SEC. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the Federal Transit Administration, Capital Investment G rants account and for bus and bus facilities under the Federal Transit Administration, For- mula and Bus Grants account for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2011, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. SEC. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2008, under any section of chapter 53 of title 49, United States Code, that remain available


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Page:United States Statutes at Large Volume 123.djvu/962

 123STA T .94 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 forexp e nditu re ,mayb e tran s ferred to and administered under t h e most re c ent appropriation headin g for any such section .SEC . 163 . N ot w ithstanding any other pro v ision of l aw, unobli - gated funds made available for new fixed guideway system pro j ects under the heading ‘ ‘ F ederal T ransit A dministration, C apital invest- ment grants ’ ’ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects. SEC. 16 4 . D uring fiscal year 20 0 9, each Federal Transit Administration grant for a project that involves the ac q uisition or rehabilitation of a bus to be used in public transportation shall be funded for 90 percent of the net capital costs of a biodiesel bus or a factory-installed or retrofitted hybrid electric propulsion system and any equipment related to such a system
 * Provide

d , That the Secretary shall have the discretion to determine, through practicable administrative procedures, the costs attributable to the system and related-equipment. SEC. 16 5 . Notwithstanding any other provision of law, in regard to the Central L in kI nitial Segment P roject, to the extent that Federal funds remain available within the current budget for the project, the Secretary shall, immediately upon the date of enactment of this Act, amend the Full Funding G rant Agreement for said project to allow remaining Federal funds to be used to support completion of the Airport Link extension of said project. SEC. 166. Any unexpended funds in Federal Transit Administra- tion grant numbers K S – 03–001 8 and KS–03–0032 shall be made available, at the request of the State, for a bus rapid transit project and related capital purchases and facility improvements, in J ohnson County, Kansas City, KS under the terms and conditions required to carry out section 5309 ( b ) (3) of title 49, U nited States Code to the extent applicable. SEC. 16 7 . O f the balances available for this fiscal year to carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary of Transportation, $ 100,000,000 are permanently rescinded. SEC. 168. None of the funds provided or limited under this Act may be used to issue a final regulation under section 5309 of title 49, United States Code, except that the Federal Transit Administration may continue to review comments received on the proposed rule (Docket No. FTA–2006–25737). SEC. 169. Funds made available for Alaska or H awaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)( B ) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $4,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies. SEC. 170. Notwithstanding any other provision of law, unobli- gated funds or recoveries under section 5309 of title 49, United States Code, that are available to the Secretary of Transportation for reallocation shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. SEC. 171. Notwithstanding any other provision of law, the $2,695,000 appropriated for the Charlotte R apid Transit E xten- sion — Northeast Corridor Light Rail Project, North Carolina under Kans as .Co n tr a c ts.


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Page:United States Statutes at Large Volume 123.djvu/963

 123STA T .94 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 theAl te rna t iv e s Anal y sis A c c ou nt in d ivision K o f the C onsolidated A p propriations Act ,20 0 8(P u b lic L a w1 10 – 1 6 1 ) shall be used for the Charlotte R apid T ransit Ex tension —N ortheast Corridor to carry out new fixed g uideway or extension to existing fixed guideway activities described in section 53 0 9 of title 4 9, U nited S tates Code . S AINT LA WRE N C E SEAWA YD E V E LOPM ENT CORPORATION The Saint Lawrence Seaway Develop m ent Corporation is hereby authori z edtoma k e such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commit - ments without regard to fiscal year limitations as provided by section 104 of the G overnment Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation ’ s budget for the current fiscal year. OPERATION S AN D MAINTENANCE (H AR B OR MAINTENANCE TR U ST F UND )F or necessary expenses for operations, maintenance, and capital asset renewal of those portions of the Saint Lawrence Seaway owned, operated , and maintained by the Saint Lawrence Seaway Development Corporation, $ 31,842,000, to be derived from the H arbor M aintenance Trust Fund, pursuant to Public Law 99–662. MARITIME ADMINISTRATION MARITIME SECURITY PRO G RAM For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $1 7 4,000,000, to remain available until expended. OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, $123,360,000, of which $10,500,000 shall remain available until expended for maintenance and repair of Schoolships at State Maritime Schools, of which $8,150,000 shall remain avail- able until expended for capital improvements at the United States Merchant Marine Academy, and of which $53,208,000 shall be available for operations at the United States Merchant Marine Academy
 * Provide

d, That amounts apportioned for the United States Merchant Marine Academy shall be available only upon allotments made personally by the Secretary of Transportation and not a designee: Provided fu r th er, That the Superintendent, Deputy Super- intendent and the Director of the O ffice of Resource Management of the United States Merchant Marine Academy may not be allot- ment holders for the United States Merchant Marine Academy, and the Administrator of Maritime Administration shall hold all allotments made by the Secretary of Transportation under the previous proviso: Provided further, That 50 percent of the funding made available for the United States Merchant Marine Academy under this heading shall be available only after the Secretary, in consultation with the Maritime Administration, completes a plan detailing by program or activity and by ob j ect class how such Expenditur e p la n . Expenditure aut ho rit y . C ontra c t s .


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Page:United States Statutes at Large Volume 123.djvu/964

 123STA T .94 4 PUBLIC LA W 111 –8—M A R .11, 2 0 09 fundi n gw i l l be e xp ended at t h e Ac ade my, and thi s plan is submitted t o the H ouse and S enate C ommittees on App r opriations .SHIPD ISP O S ALF or necessary expenses related to the disposal of obsolete v es - sels in the N ational D efense R eserve Fleet of the M aritime Adminis- tration, $15, 0 00,000, to remain available until expended. ASSIS T A NCE TOS M ALL SHIP Y A R DS T oma k e grants to q ualified shipyards as authori z ed under section 3 50 6 of P ublic L aw 10 9– 163 or section 5 4 101 of title 46, U nited States Code, $1 7 ,500,000, to remain available until expended
 * Provide

d, That to be considered for assistance, a qualified shipyard shall submit an application for assistance no later than 60 days after enactment of this Act: Provided fu r th er, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later than 1 2 0 days after enactment of this Act in such amounts as the Secretary determines: Provided further, That not to exceed 2 percent of the funds appro- priated under this heading shall be available for necessary costs of grant administration. MARITIME GU ARANTEED LOAN ( TITLE X I ) PROGRAM ACCOUNT (INCLUDING TRANS F ER OF FUNDS) For administrative expenses to carry out the guaranteed loan program, not to exceed $3,531,000, which shall be transferred to and merged with the appropriation for ‘ ‘ O perations and Training ’ ’, Maritime Administration. SHIP CONSTRUCTION (RESCISSION) Of the unobligated balances available under this heading, $1,3 8 2,554 are rescinded. ADMINISTRATI V E PROVISIONS — MARITIME ADMINISTRATION SEC. 175. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving G overnment property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. SEC. 176. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936 ( 46 U.S.C. 53101 note (cds ) ), or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriations Act. SEC. 177. Section 51509 of title 46, United States Code, is amended in subsection (b) by deleting ‘‘$4,000’’ and inserting in lieu thereof ‘‘$8,000’’ and by inserting ‘‘tuition,’’ after ‘‘uniforms,’’. Grants.De a dli nes.


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Page:United States Statutes at Large Volume 123.djvu/965

 123STA T .945PUBLIC LA W 111 –8—M A R .11, 2 0 09 PIPEL I N E A N DH A Z A R D OUSM A T ERIALS S A F ET YA D M INISTRATION ADMINISTRATI V EE X PENSES ( PIPELINE SAFETY FUND )Fornec e s s a r y o p era ti ona l e x penses o f t h e Pipeline an d Ha z- ardo u s Materials Safety Ad m inistration ,$19 ,1 30 ,000, of w hich $ 6 39,000 shall b e deri v ed from the Pipeline Safety Fund
 * Provide

d ,T hat $1,000,000 shall be transferred to ‘ ‘Pipeline Safety ’ ’ in order to fund ‘‘Pipeline safety information g rants to communities’’ as authorized in section 60130 of title 4 9, U nited States C ode: Provided fu r th er, That grants described under the previous proviso shall be awarded within 1 2 0 days of enactment of this Act .H AZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $32,000,000, of which $3,302,000 shall remain available until September 30, 2011: Provided, That up to $ 8 00,000 in fees collected under 49 U.S.C. 5 108 ( g ) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemi- nation, and for travel expenses incurred in performance of haz- ardous materials exemptions and approvals functions. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIA B ILITY TRUST FUND) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 6010 7, and to discharge the pipeline program responsibilities of the O il Pollution Act of 1990, $93,291,000, of which $18,810,000 shall be derived from the Oil Spill L iability Trust Fund and shall remain available until Sep- tember 30, 2011 and of which $74,481,000 shall be derived from the Pipeline Safety Fund, of which $40,081,000 shall remain avail- able until September 30, 2011: Provided, That not less than $1,043,000 of the funds provided under this heading shall be for the one-call State grant program. EMER G EN C Y PREPAREDNESS GRANTS (EMERGENCY PREPAREDNESS FUND) For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to be derived from the E mergency Preparedness Fund, to remain available until September 30, 2010: Provided, That not more than $28,318,000 shall be made available for obligation in fiscal year 2009 from amounts made available by 49 U.S.C. 5116(i) and 5128(b) – (c): Provided further, That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made Grants.De a dli ne.


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Page:United States Statutes at Large Volume 123.djvu/966

 123STA T .946PUBLIC LA W 111 –8—M A R .11, 2 0 09 av a il a b l efor obli g a t io n b y in d ivid u al s ot h er than the S e c retary of T rans p ortation , or his or her designee .RES E ARCH A NDI NN OV A TI VE TECHNO L O GYA D M INISTRATION RESEARCH AND DEVELO P MENT F or necessary e x penses of the Research and Innovative Tech - nology Ad m inistration, $12, 90 0,000, of w hich $ 6 ,9 3 6,000 shall remain available until September 30, 2011
 * Provide

d, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training. OF FICE OF INSPECTOR G ENERAL SALARIES AND E X PENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 19 78, as amended, $71, 4 00,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties speci- fied in the Inspector General Act, as amended (5U .S. C . App. 3 ) , to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is sub j ect to regulation by the D epartment: Provided fu r th er, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of com- petition by domestic and foreign air carriers and tic k et agents and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. S U RFACE TRANSPORTATION B OARD SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authori z ed by 5 U.S.C. 3109, $26,847,000: Pro - vided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar- for-dollar basis as such offsetting collections are received during fiscal year 2009, to result in a final appropriation from the general fund estimated at no more than $25,597,000. GENERAL P ROVISIONS — DEPARTMENT OF TRANSPORTATION SEC. 180. During the current fiscal year applicable appropria- tions to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department busi- ness; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 – 5902).


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Page:United States Statutes at Large Volume 123.djvu/967

 123STA T .947PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.18 1. Ap p ro pr iat io nsc ontain ed int h is Act f or the D epart -m ent of T ransportation sha l l b ea v ailable for services as a u thori z ed b y5U .S. C. 3 1 09, but at rates for individuals not to e x ceed the per diem rate e q uivalent to the rate for an E xecutive L evel IV . SEC. 18 2 . N one of the funds in this Act shall be available for salaries and expenses of more than 110 political and P residential appointees in the Department of Transportation
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d, That none of the personnel covered by this provision may be assi g ned on temporary detail outside the Department of Transportation. SEC. 183. None of the funds in this Act shall be used to implement section 4 04 of title 23, United States Code. SEC. 184. ( a ) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2 7 25(3)) obtained by a State department of motor vehicles in connec- tion w ith a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. (b) Notwithstanding subsection (a), the Secretary shall not with- hold funds provided in this Act for any grantee if a State is in noncompliance with this provision. SEC. 185. F unds received by the Federal H ighway Administra- tion, Federal Transit Administration, and Federal R ailroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administra- tion ’ s ‘ ‘Federal-Aid Highways’’ account, the Federal Transit Administration’s ‘‘Research and University Research Centers’’ account, and to the Federal Railroad Administration’s ‘‘Safety and O perations’’ account, except for State rail safety inspectors partici- pating in training pursuant to 49 U.S.C. 20105. SEC. 18 6 . Funds provided or limited in this Act under the appropriate accounts within the Federal Highway Administration, the Federal Railroad Administration and the Federal Transit Administration shall be for the eligible programs, pro j ects and activities in the corresponding amounts identified in the explanatory statement accompanying this Act for ‘‘Ferry B oats and Ferry Ter- minal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate M aintenance Discre- tionary’’, ‘‘Transportation, Community and System Preservation Program’’, ‘‘Delta Region Transportation Development Program’’, ‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail-highway crossing hazard eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus facilities’’. SEC. 187. Notwithstanding any other provisions of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stoc k heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Depart- ment of an amount determined by the Secretary. SEC. 188. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discre- tionary grant award, letter of intent, or full funding grant agree- ment totaling $ 500,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant pro- gram of the Federal Highway Administration including the emer- gency relief program (2) the airport improvement program of the Federal Aviation Administration; (3) any grant from the Federal Grants.No t if i c ation. De a dl ine. Ap pointees.


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Page:United States Statutes at Large Volume 123.djvu/968

 123STA T .948PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 Railro a dA d m i n i st ration or (4) an yp ro g ram o f t heF ederal T ransit Administration other than the form u la grants and fi x ed guide w ay moderni z ation programs
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d , That the S e c retary gi v es concur - rent notification to the H ouse and Senate C ommittees on Appropria- tions for any ‘ ‘ q uic k release ’ ’ of funds from the emergency relief program: Provided fu r th er, That no notification shall involve funds that are not availa b le for obligation . S EC. 189 . Rebates , refunds, incentive payments, minor fees and other funds received by the D epartment of Transportation from travel management centers, charge card programs, the sub- leasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. SEC. 19 0 . Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, shall be available — (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper pay- ments; and ( 2 ) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the I mproper P ayments Information Act of 2002: Provided, That amounts in excess of that required for paragraphs (1) and (2)— (A) shall be credited to and merged with the appropria- tion from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; or ( B ) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that pro- vided in section 2(d)(2) of Public L aw 10 7–3 00. SEC. 191. N otwithstanding any other provision of law, if any funds provided in or limited by this Act are sub j ect to a reprogram- ming action that requires notice to be provided to the House and Senate Committees on Appropriations, said reprogramming action shall be approved or denied solely by the Committees on Appropria- tions: Provided, That the Secretary may provide notice to other congressional committees of the action of the Committees on Appro- priations on such reprogramming but not sooner than 30 days following the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appro- priations. SEC. 192. (a) None of the funds appropriated or otherwise made available under this Act to the Surface Transportation Board of the Department of Transportation may be used to take any action to allow any activity described in subsection (b) in a case, matter, or declaratory order involving a railroad, or an entity Deadlin e .Not i c e. Noti f ication. Notification.


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Page:United States Statutes at Large Volume 123.djvu/969

 123STA T .94 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 claim i ngorse e k ing a uth orit y too p erate as a railroa d, unless the B oard recei v es w ritten assurance f rom the G overnor, or the Gov - ernor ’ s designee, of the S tate in which such activity will occur that such railroad or entity has agreed to comply with State and local regulations that esta b lish public health, safety, and environ- mental standards for the activities described in subsection ( b ) , other than z oning laws or regulations . (b) A ctivities referred to in subsection (a) are activities that occur at a solid waste rail transfer facility involving — ( 1 ) the collection, storage, or transfer of solid waste (as defined in section 1 0 0 4 of the Solid W aste D isposal Act (4 2U .S. C. 69 0 3 )) outside of original shipping containers or (2) the separation or processing of solid waste (including baling, crushing, compacting, and shredding). S EC . 193. N one of the funds appropriated or otherwise made available under this Act may be used by the Surface T ransportation Board of the Department of Transportation to charge or collect any filing fee for rate complaints filed with the Board in an amount ine x cess of the amount authorized for district court civil suit filing fees under section 1914 of title 2 8, United States Code. SEC. 194. O f the funds made available or limited by this Act, which are not otherwise allocated under this Act or under SA FE TEA –L U( P ublic Law 109– 5 9) or necessary to fulfill existing agreements between the Department of Transportation and metro- politan areas under the ‘ ‘Urban Partnerships’’ and ‘‘Congestion- R eduction Demonstration’’ programs, not more than 10 percent of such funds for any program that is allocated at the discretion of the Secretary may be expended in furtherance of the Department of Transportation’s ‘‘National Strategy to Reduce Congestion on America’s Transportation Network’’ issued M ay 2006 by Secretary of Transportation, the H onorable Norman Mineta; also known as the ‘‘Congestion I nitiative’’ or any other new congestion initiative. SEC. 195. Of the funds available for Ferry Boats and Ferry Terminal Facilities, $ 950,000 shall be for Missouri River, Route 240, Saline and Howard Counties for expenses, including reimburse- ment of previously incurred expenses, for alternative transportation (including ferryboat service) during bridge replacement. SEC. 196. Notwithstanding any other provision of law, the State of New Mexico may use funds apportioned to the State under section 104(b)(2) of title 23, United States Code, for the congestion mitigation and air q uality improvement program under section 149 of title 23, United States Code, to support the operation of commuter rail service between Belen and Bernalillo, New Mexico. SEC. 19 7 . Notwithstanding any other provision of law, funds made available in fiscal years 2006 through 2009 for item number 598 in section 3044(a) of Public Law 109–59 that are unobligated or unexpended in a grant shall be made available to OATS, Incor- porated for buses and bus-related facilities. SEC. 198. Notwithstanding any other provision of law, funds made available in fiscal years 2006 through 2009 for item number 1152 in section 1702 of Public Law 109–59 that are unobligated or unexpended shall be made available for maintenance, repair and reconstruction of the Tucker Bridge in the City of St. Louis, Missouri. SEC. 199. Notwithstanding any other provision of law, section 198 of division K of Public Law 110–161 shall continue in effect during fiscal year 2009. Extensio n .


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Page:United States Statutes at Large Volume 123.djvu/970

 123STA T .950PUBLIC LA W 111 –8—M A R .11, 2009 Thist it lemayb e c ite d as the ‘ ‘ D e p a r tme n t of Transportation A ppropriations Act ,20 0 9’ ’ . T I T LE II DE P A R T M E N T OFH O US IN G AND UR B AN DE V ELOPMENT M AN A GEM EN T AN D ADM I NI S T R ATI O N E X E CU TI V E DIRECTION For necessary salaries and e x penses for Exec u ti v e Direction, $ 2 3, 7 99, 456 ,of w hich not to exceed $3, 8 85,58 1 shall be available for the immediate Office of the Secretary and Deputy Secretary not to exceed $1,613,898 shall be available for the Office of Hearin g s and Appeals; not to exceed $544,552 shall be available for the Office of Small and Disadvantaged Business Utili z ation; not to exceed $720,343 shall be available for the immediate Office of the C hief Financial Officer; not to exceed $1,516,800 shall be avail - able for the immediate Office of the General Counsel; not to exceed $2,715,488 shall be available to the Office of the Assistant Secretary for Congressional and Intergovernmental Relations; not to exceed $2,586,721 shall be available for the Office of the Assistant Sec- retary for Public Affairs; not to exceed $1,005,120 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $1,602,655 shall be available to the Office of the Assistant Secretary for Public and Indian Housing; not to exceed $1,707,499 shall be available to the Office of the Assistant Secretary for Community Planning and Development; not to exceed $3,778,560 shall be available to the Office of the Assistant Secretary for Housing, Federal Housing Commissioner; not to exceed $1,431,212 shall be available to the Office of the Assistant Secretary for Policy Development and Research; and not to exceed $691,027 shall be available to the Office of the Assistant Secretary for Fair Housing and E q ual Opportunity
 * Provide

d , That the Secretary of the Depart- ment of Housing and Urban Development is authorized to transfer funds appropriated for any office funded under this heading to any other office funded under this heading following the written notification to the House and Senate Committees on Appropriations: Provided fu r th er, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That notice of any change in funding greater than 5 percent shall be submitted for prior approval to the House and Senate Committees on Appropriations: Provided further, That the Secretary shall provide the Committees on Appropriations quar- terly written notification regarding the status of pending congres- sional reports: Provided further, That the Secretary shall provide all signed reports required by Congress electronically: Provided further, That not to exceed $25,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses as the Secretary may determine. ADMINISTRATION, O P ERATIONS AND MANAGEMENT For necessary salaries and expenses for administration, oper- ations and management for the Department of Housing and Urban Development, $527,433,640, of which not to exceed $75,510,000 Reports.El e c tro ni c s ubm ission. N oti f ic a tion. Notice. T ransfer aut h orit y . Notification. D epartment of H ousin g an dU rban De v elopment A ppropriations Act ,20 0 9.


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Page:United States Statutes at Large Volume 123.djvu/971

 123STA T .95 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 shal l be a v a i lable fort he p erso n nel c o m pensation an d benefits of the O ffice of A dministration nottoe x ceed $1 1 ,0 0 3, 94 0 shall be available for the personnel compensation and benefits of the Office of D epartmental Operations and C oordination; not to exceed $4 8 ,81 7 ,430 shall be available for the personnel compensation and benefits of the Office of F ield P olic y and M ana g ement; not to exceed $13,438, 2 00 shall be available for the personnel compensation and benefits of the Office of the Chief Proc u rement Officer; not to exceed $34,028,820 shall be available for the personnel compensa - tion and benefits of the remaining staff in the Office of the Chief Financial Officer; not to exceed $84,837,4 6 0 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the G eneral Counsel; not to exceed $3,08 5 ,120 shall be available for the personnel compensation and benefits of the Office of Departmental Eq ual Employment Opportunity; not to exceed $1,215,280 shall be available for the personnel compensa- tion and benefits for the Center for Faith- B ased and Community I nitiatives; and not to exceed $255,497,390 shall be available for non-personnel expenses of the Department of H ousing and U rban Development
 * Provide

d, T hat, funds provided under this heading may be used for necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not other w ise provided for, including purchase of uniforms, or allow- ances therefor, as authori z edby5U .S .C. 5901 – 5902; hire of pas- senger motor vehicles; services as authorized by 5 U.S.C. 3109: Provided fu r th er, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the housing mission area: Provided further, That the Secretary of Housing and Urban Develop- ment is authorized to transfer funds appropriated for any office included in Administration, Operations and Management to any other office included in Administration, Operations and Manage- ment only after such transfer has been submitted to, and received prior written approval by, the House and Senate Committees on Appropriations: Provided further, That no appropriation for any office shall be increased or decreased by more than 10 percent by all such transfers. P ERSON NE L CO MP ENS ATI ON AN D BENE F ITS P UB LI C AND INDIAN H OUSIN G For necessary personnel compensation and benefits expenses of the Office of Public and Indian Housing, $190,390,100. COMMUNIT Y PLANNING AND DE V ELOPMENT For necessary personnel compensation and benefits expenses of the Office of Community Planning and Development mission area, $94,233,700. HOUSING For necessary personnel compensation and benefits expenses of the Office of Housing, $363,198,000. Transfe r a utho r i t y.


text: Dictionary of National Biography, 1885-1900/Montgomerie, Archibald (1726-1796)


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Page:United States Statutes at Large Volume 123.djvu/972

 123STA T .95 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 OF F ICE OF TH E G O V E RNM ENT N A TIONA L MORTGAGE A S SOCIATION Fornec e s s a r yp ersonne l co m pensa ti on an db ene f its e x penses oft h e O ffice of the G o v ernment N ational M ort g age A ssociation ,$10 ,000,000, to be derived from the GNMA g u arantees of mortgage bac k ed securities guaranteed loan receipt account .P OLIC YD EVELOPMENT AND RESEARCH For necessary personnel compensation and benefits expenses of the Office of P olicy D evelopment and R esearch, $1 8 ,0 7 0,8 5 0. FAIR HO U SING AND E Q UAL OPPORTUNITY For necessary personnel compensation and benefits expenses of the Office of Fair H ousing and Eq ual Opportunity, $ 69 ,0 2 0,990. OFFICE OF HEALTHY HOMES AND LEAD HA Z ARD CONTROL For necessary personnel compensation and benefits expenses of the Office of Healthy Homes and L ead Ha z ard C ontrol, $6,727,950. PU B LIC AND I NDIAN HOUSING TENANT - BASED RENTAL ASSISTANCE ( INCLUDING TRANSFER OF FUNDS ) For activities and assistance for the provision of tenant-based rental assistance authorized under the U nited S tates Housing Act of 19 3 7, as amended (4 2 U.S.C. 1437 et seq. ) ( ‘ ‘the Act ’ ’ herein), not other w ise provided for, $16,817,000,000, to remain available until expended, of which $12,817,000,000 shall be available on October 1, 2008, and $4,000,000,000 shall be available on October 1, 2009
 * Provide

d ,T hat the amounts made available under this heading are provided as follows: (1) $15,034,071,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other designated housing vouchers initially funded in fiscal year 2008 (such as Family Unification, V eterans Affairs Supportive Housing Vouchers and Non-elderly Disabled Vouchers): Provided, That notwith- standing any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2009 funding cycle shall provide renewal funding for each public housing agency based on voucher management system (VMS) leasing and cost data for the most recent Federal fiscal year and by applying the 2009 Annual Ad j ustment Factor as established by the Secretary, and by making any necessary adjustments for the costs associated with deposits to family self-sufficiency program escrow accounts or first-time renewals including tenant protection or HOPE VI vouchers: Provided fu r th er, That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing


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Page:United States Statutes at Large Volume 123.djvu/973

 123STA T .95 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 agency’s a uthoriz e dl e v elo f units under contract
 * Provide

d fu r -th er ,T hat the S ecretary shall , tothee x tent necessary to stay w ithin the a m ount s p ecified under this paragraph ( except as otherwise modified under this A ct ) , pro rate each pu b lic housing agency’s allocation otherwise established pursuant to this para - graph: Provided further, That except as provided in the last two provisos, the entire amount specified under this paragraph (except as otherwise modified under this Act) shall be obligated to the public housing agencies based on the allocation and pro rata method described above and the Secretary shall notify public housing agencies of their annual budget not later than 60 days after enactment of this Act: Provided further, That the Secretary may extend the 60-day notification period with the written approval of the H ouse and Senate C ommittees on Appropriations: Provided further, That public housing agen- cies participating in the M oving to W or k demonstration shall be funded pursuant to their Moving to Work agreements and shall be sub j ect to the same pro rata adjustments under the previous provisos: Provided further, That up to $1 00,000,000 shall be available only: (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of tenant- based rental assistance resulting from unforeseen cir- cumstances or from portability under section 8 (r) of the Act ( 2 ) for adjustments for public housing agencies with voucher leasing rates at the end of the calendar year that exceed the average leasing for the 12-month period used to establish the allocation; ( 3 ) for adjustments for the costs associated with V ASH vouchers; and ( 4 ) for vouchers that were not in use during the 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act . (2) $1 5 0,000,000 for section 8 rental assistance for reloca- tion and replacement of housing units that are demolished or disposed of pursuant to the O mnibus Consolidated R escis- sions and Appropriations Act of 1 9 96( P ublic L aw 104 – 134), conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a re q uest from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOP E V I vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 19 7 4 that are refinanced pursuant to Public Law 106–569, as amended or under the authority as provided under this Act: Provided, That the Secretary shall provide replacement vouchers for all units that were occupied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds. (3) N ot to exceed $7,929,000 provided under this heading may be transferred to the Working Capital F und: Provided, That funding made available under this section shall not be transferred to the Working Capital Fund until the voucher Webposting.V o uch e r s. N oti f ic a tion. D ea dl ine.


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Page:United States Statutes at Large Volume 123.djvu/974

 123STA T .954PUBLIC LA W 111 –8—M A R .11, 2 0 09 man a ge men tsy stem l eas i ng an dco st data is made a v aila b le tot h e pu blic on the D epa r tment o fH ousing and U rban Develop - ment w ebsite .(4)$1,50 0,000,000 for administrative and other e x penses of public housing agencies in administering the section 8 tenant- based rental assistance program and which up to $50,000,000 shall be available to the S ecretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, V eterans A ffairs Supportive Housing vouchers, and other incremental vouchers
 * Provide

d ,T hat no less than $1,400,000,000 of the amount provided in this para- graph shall be allocated to public housing agencies for the calendar year 2 00 9 funding cycle based on section 8( q ) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Q uality Housing and W or kR esponsibility Act of 1998 ( P ublic L aw 105 – 2 76 ): Provided fu r th er, That if the amounts made available under this para- graph are insufficient to pay the amounts determined under the previous proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment of amounts determined under the previous proviso, utili z e unobligated bal- ances, including recaptures and carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, for fiscal year 2008 and prior fiscal years, notwithstanding the purposes for which such amounts were appropriated: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities: Provided further, That of the total amount provided under this paragraph, $50,000,000 shall be made available for family self-sufficiency coordinators under section 2 3 of the Act. (5) $20,000,000 for incremental voucher assistance through the F amily Unification Program: Provided, That the assistance made available under this paragraph shall continue to remain available for family unification upon turnover: Provided further, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 204 (com- petition provision) of this title, to entities with demonstrated experience and resources for supportive services. (6) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in con j unction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, not- withstanding section 204 (competition provision) of this title, to public housing agencies that partner with eligible VA M edical C enters or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Extensio n .


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Page:United States Statutes at Large Volume 123.djvu/975

 123STA T .95 5 PUBLIC LA W 111 –8—M A R .11, 2 0 09 Departm e n t ofV eteran sA ffa i rs , p ubl i ch ousin g agenc y a d minis - trati v e performance, and other factors as specified by the S ec- retary of H ousing and U rban Development in consultation w ith the Secretary of the Department of Veterans Affairs
 * Provide

d fu r th er ,T hat the Secretary of Housing and Urban Development may waive, or specify alternative re q uirements for ( in consulta- tion with the Secretary of the Department of Veterans Affairs ) , any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (e x cept for requirements related to fair housing, nondiscrimina- tion, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative require- ments are necessary for the effective delivery and administra- tion of such voucher assistance: Provided further, That assist- ance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over . ( 7 ) $30 ,000,000 for incremental vouchers under section 8 of the Act for nonelderly disabled families: Provided, That assistance made available under this paragraph shall continue to remain available for the same population upon turnover: Provided further, That the Secretary of Housing and Urban Development shall ma k e such funding available, notwith- standing section 2 0 4 (competition provision) of this title, to entities with demonstrated experience and resources for sup- portive services. HOUSINGCERT I F IC A TE FUN DO f the unobligated balances, including recaptures and carry- over, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading ‘ ‘Annual C ontributions for Assisted Housing ’ ’ and the heading ‘‘ P ro j ect- B ased R ental Assistance’’, for fiscal year 200 9 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract adminis- trators, notwithstanding the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1 974 and prior that have been terminated shall be cancelled. P U BL IC HOUSING CAPITAL FUND ( INCLUDING TRANSFER OF FUNDS )F or the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authori z ed under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,4 5 0,000,000, to remain avail- able until September 30, 2012: Provided, That notwithstanding any other provision of law or regulation, during fiscal year 2009 the Secretary of Housing and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and I ndian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term ‘‘obligate’’ means, with respect to amounts, that the amounts are subject to a binding agreement Defin i t i o n . De adl ine. C ont r a c t s . T er m ination. Ex tension. Extension. W ai v era u t h orit y .


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Page:United States Statutes at Large Volume 123.djvu/976

 123STA T .956PUBLIC LA W 111 –8—M A R .11, 2 0 09 tha t wil l resu lti no utla y s , i m me d iately or in the f uture
 * Provide

d fu r th er ,T hat of the total amount p ro v ided under this headin g , up to $10 ,000,000 shall b e for c arrying out activities under section 9( h ) of such A ct nottoe x ceed $1 4, 57 7,000 may be transferred to the W or k ing C apital F und; and up to $15, 3 45,000 shall be to support the ongoing P ublic H ousing Financial and Physical Assessment activities of the R eal E state Assessment Center (REAC): Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the Act: Provided further, That of the total amount provided under this heading, not to exceed $ 2 0,000,000 shall be available for the S ecretary to make grants, notwithstanding section 204 of this Act, to public housing agencies for emergency capital needs including safety and security measures necessary to address crime and drug - related activity as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared disasters occur- ring in fiscal year 2009: Provided further, That of the total amount provided under this heading, $40,000,000 shall be for supportive services, service coordinators and congregate services as authori z ed by section 34 of the Act (42 U. S.C. 1437z –6 ) and the N ative Amer- ican Housing Assistance and Self- D etermination Act of 1996 (25 U.S.C. 4101 et se q .): Provided further, That of the total amount provided under this heading up to $ 8 ,820,000 is to support the costs of administrative and j udicial receiverships: Provided further, That from the funds made available under this heading, the Sec- retary shall provide bonus awards in fiscal year 2009 to public housing agencies that are designated high performers. PUBLICHO U S I NG OP ERAT ING F UN D For 2009 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,455,000,000; of which $5,940,000 shall be for competitive grants and contracts to third parties for the provision of technical assist- ance to public housing agencies related to the transition and implementation of asset-based management in public housing: Pro - vided, That, in fiscal year 2009 and all fiscal years hereafter, no amounts under this heading in any appropriations Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937. RE V ITALI Z ATION OF SEVEREL Y DISTRESSED PUBLIC HOUSING ( HOPE VI ) For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants to projects as authorized by section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), $120,000,000, to remain available until September 30, 2010, of which the Secretary of Housing and Urban Development shall use $2,400,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents: Provided, That none 42USC1 4 37gnote.B on usaw a rd s.


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Page:United States Statutes at Large Volume 123.djvu/977

 123STA T .957PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofsuch fu nd ssh al l be used d ir ec t l y or indirectly by g ranting co mp etiti v e advantage in a w ards to settle litigation or pay j udg - ments , unless e x pressly permitted herein .NATIVE A M E R I C AN HOUS IN GBL OC K GRANTS F or the N ative A merican H ousing B loc kG rants program, as authori z ed under title I of the Native American Housing Assistance and S elf- D etermination Act of 19 9 6( NAHASDA ) ( 25U .S. C . 4 111 et se q .), $ 645, 0 00,000, to remain available until expended
 * Provide

d, T hat, notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 3 02 of such Act with the need component based on single-race Census data and with the need component based on multi-race Census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided fu r th er, That of the amounts made available under this heading, $3,500,000 shall be contracted for assistance for a national organization rep- resenting Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally designated housing entities as authorized under NAHASDA and $4,250,000 shall be to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the training, oversight, and management of such Indian housing and tenant-based assistance, including up to $300,000 for related travel: Provided further, That of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title V I of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 19 7 4, as amended: Provided further, That these funds are available to subsidize the total prin- cipal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $17,000,000. NATIVE HA W AIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assist- ance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain available until expended: Provided , That of this amount, $299,211 shall be for training and technical assist- ance activities, including up to $100,000 for related travel by Hawaii-based HUD employees. IN D IAN HOUSING LOAN GUARANTEE F UND P ROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 1 8 4 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z – 13a), $9,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, up to $420,000,000: Provided further, That up to $750,000 shall


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Page:United States Statutes at Large Volume 123.djvu/978

 123STA T .958PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 beforadmin i st rati v e c ontract e xp enses inc lu din g management proc - esses and s y stems to carry out t h e loan guarantee program .NATIVEH A W AIIAN H OUS IN GL OAN GUA R ANTEE F UN DP ROGRA M A C COUNT F or the cost of guaranteed loans , as authori z ed by section 184A of the H ousing and C ommunity D evelopment Act of 1 9 9 2( 12 U . S .C. 1 7 1 5 z – 1 3 b ) , $ 1, 0 44,000, to remain available until expended
 * Provide

d, T hat such costs, including the costs of modi- fying such loans, shall be as defined in section 502 of the Congres- sional B udget Act of 1974: Provided fu r th er, That these funds are available to subsidize total loan principal, any part of w hich is to be guaranteed, not to exceed $41,504,255. COMMUNIT YP LANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ( INCLUDING TRANSFER OF FUNDS ) For carrying out the Housing O pportunities for Persons with A I DS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et se q .), $310,000,000, to remain available until September 30, 2010, except that amounts allocated pursuant to section 854(c)(3) of such Act shall remain available until Sep- tember 30, 2011: Provided , That the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary may use not to exceed $1,485,000 of the funds under this heading for training, oversight, and technical assistance activities and not to exceed $1,750,000 may be transferred to the W or k ing Capital Fund. RURAL HOUSING AND ECONOMIC DEVELOPMENT For the Office of R ural Housing and E conomic Development in the Department of Housing and Urban Development, $2 6 ,000,000, to remain available until expended, which amount shall be competitively awarded by September 1, 2009, to Indian tribes, State housing finance agencies, State community and / or economic development agencies, local rural nonprofits and commu- nity development corporations to support innovative housing and economic development activities in rural areas: Provided, That of the total amount made available under this heading, not less than $5,000,000 shall be made available to promote economic develop- ment and entrepreneurship for federally recognized Indian Tribes, through activities including the capitalization of revolving loan programs and business planning and development, funding is also made available for technical assistance to increase capacity through training and outreach activities. Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/979

 123STA T .95 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 COM M UNITYDEV E L O P MENT F UND ( INCLUDIN G T RA N S FER OF FUNDS )Foras s i s t a nce to u nits o fS tate an dl ocal g o v ern m ent , and to ot h er entities, for economic and communit y develo p ment activi - ties, and for other purposes, $3, 90 0,000,000, to remain availa b le until September 30, 2 0 1 1, unless other w ise specified
 * Provide

d, T hat of the total amount provided, $3, 64 1,966, 875 is for carrying out the community development bloc k grant program under title I of the H ousing and C ommunity D evelopment A ct of 1974, as amended ( the ‘ ‘Act ’ ’ herein ) (42 U. S.C. 5301 et se q .): Provided fu r -th er, That unless e x plicitly provided for under this heading (except for planning grants provided in the second paragraph and amounts made available under the third paragraph), not to exceed 20 percent of any grant made with funds appropriated under this heading shall be expended for planning and management development and administration: Provided further, That of the total amount made available under this heading, not to exceed $3,175,000 may be transferred to the W orking Capital Fund: Provided further, That $5,000,000 is for technical assistance as authori z ed by section 107(b)(4) of such Act: Provided further, That $65,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 204 of this Act), up to $3,960,000 may be used for emergencies that constitute imminent threats to health and safety. O f the amount made available under this heading, $165,311,875 shall be available for grants for the E conomic Development Initia- tive (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the explanatory statement accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations: Provided further, That, for fiscal years 2007, 2008 and 2009, no unobligated funds for EDI grants may be used for any purpose except acquisition, planning, design, purchase of equip- ment, revitalization, redevelopment or construction. Of the amount made available under this heading, $19,546,250 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and community revitalization in areas with population outmigration or a stagnating or declining economic base, or to determine whether housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this paragraph shall be provided in accordance with the terms and conditions specified in the explanatory statement accompanying this Act. The referenced statement of managers under this heading in title III of division A of P ublic L aw 109 – 115 is deemed to be amended with respect to item number 889 by striking ‘‘Perry County, Pennsylvania to develop an industrial park in N ew B loom- field’’ and inserting ‘‘Perry County, Pennsylvania to develop an industrial park in Penn Township / Duncannon’’. The referenced statement of managers under the heading ‘‘Community Planning and Development’’ in title II of division K of Public Law 110–161 is deemed to be amended by striking: ‘‘ G olden Castings Foundry Demolition and Site R emediation Pro j ect


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Page:United States Statutes at Large Volume 123.djvu/980

 123STA T .960PUBLIC LA W 111 –8—M A R .11, 2009 toraze a nd re m ed i ate t h e s ite o f the former G o l den C astin g s F o u ndr y for the demolition and en v ironmental remediation c osts of the Golden Castings foundry site ’ ’ and inserting ‘ ‘ T o remediate the former site of the Colum b us W ood Treating P lant in Columbus ,I ndiana’’ . The referenced e xp lanatory statement under this heading in Public L a w1 1 0– 1 6 1 is deemed to be amended with respect to the fourth item included in the table found on page 2439 with respect to amounts made available for the S pringfield B oys and Girls Club by stri k ing ‘‘Springfield Boys and Girls Club Community Center; Springfield, IL; Planning, development, land ac q uisition, and construction costs for a new community center in Springfield.’’ and inserting ‘‘City of Springfield for capital costs associated with the E dwin Watts Southwind Park’’. The referenced statement of managers under the heading ‘‘Community D evelopment Fund’’ in title II of division K of Public Law 110–161 is deemed to be amended by striking ‘‘City of Char - lotte, N C for land acquisition in the development of the Belvedere Business Park’’ and inserting ‘‘City of Charlotte, NC for develop- ment of the Belvedere Business Park’’. COM M UNITYDEV E L O P MENT LO A N G UA R ANTEE S PROGRAM ACCOUNT For the cost of guaranteed loans, $ 6,000,000, to remain avail- able until September 30, 2010, as authorized by section 10 8 of the H ousing and Community Development A ctof19 7 4 ( 42 U .S.C. 5 308 ) Provide d, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided fu r th er, That these funds are available to subsidize total loan principal, any part of which is to be guaran- teed, not to exceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of 1974, as amended. B RO W N F IELDS REDEVELOPMENT For competitive economic development grants, as authorized by section 108(q) of the Housing and Community Development Act of 1974, as amended, for Brownfields redevelopment pro j ects, $10,000,000, to remain available until September 30, 2010: Pro - vided , That no funds made available under this heading may be used to establish loan loss reserves for the section 108 Community Development Loan Guarantee program. H OME INVESTMENT PARTNERSHIPS PROGRAM ( INCLUDING TRANSFER OF FUNDS ) For the H OM E investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,825,000,000, to remain available until Sep- tember 30, 2011, of which not to exceed $4,200,000 may be trans- ferred to the Working Capital Fund: Provided, That up to $12,000,000 shall be available for technical assistance: Provided further, That, in prior appropriations Acts for Community Housing Development Organizations technical assistance, and that still


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Page:United States Statutes at Large Volume 123.djvu/981

 123STA T .96 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 remain a v ai l a b le , ma y be us e dfo r HOMEt e ch nical assistance not -w ithstandin g the p urposes for which such amounts were appro- priated .SELF - H EL PAND ASS I S T EDH OM EO W NE R SHIP OPPORT U NIT Y PRO G RAM F or the S elf-Help and A ssisted Homeownership Opportunity P rogram, as authori z ed under section 1 1 of the Housing Opportunity Program E x tension Act of 1 9 9 6, as amended, $ 6 4, 0 00,000 to remain available until September 3 0, 2 011
 * Provide

d ,T hat of the total amount provided under this heading, $26, 5 00,000 shall be made available to the Self-Help and Assisted Homeownership Opportunity Program as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended: Provided fu r th er, That $34,000,000 shall be made available for the second, third and fourth capacity building activities authorized under section 4 ( a ) oftheH UD Demonstration Act of 1993 (42 U.S. C .9 8 16 note), of which not less than $5,000,000 may be made available for rural capacity building activities: Provided further, That $3,500,000 shall be made available for capacity building activities as authorized in sections 6301 through 6305 of Public L aw 110 – 246. HOMELESS ASSISTAN C E GRANTS ( INCLUDING TRANSFER OF FUNDS ) For the emergency shelter grants program as authorized under subtitle B of title IV of the Mc K inney-Vento Homeless Assistance Act, as amended the supportive housing program as authorized under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the United States Housing Act of 193 7, as amended, to assist homeless individuals pursuant to section 441 of the McKinney- Vento Homeless Assistance Act; and the shelter plus care program as authorized under subtitle F of title IV of such Act, $1,677,000,000, of which $1,672,000,000 shall remain available until September 30, 2011, and of which $5,000,000 shall remain available until expended for rehabilitation pro j ects with 10-year grant terms: Provided, That of the amount provided, $10,000,000 shall be made available to conduct a demonstration program on the prevention of homelessness among the N ation ’ s veterans: Provided further, That the Secretary shall wor k in coordination with the Department of Veterans Affairs and the Department of Labor to select a limited number of urban and rural sites in which to carry out this dem- onstration: Provided further, That in selecting sites, the Secretary shall evaluate the rate of homelessness among veterans in the area, and the experience of the grantees in coordinating with Department of Veterans Affairs and the Department of Labor to enable veterans to access mainstream programs: Provided further, That of the sites selected, up to three shall have a high number of service members separating from the military and transitioning into civilian life: Provided further, That the Secretary shall also select up to four sites located in rural areas to evaluate how to effectively serve veterans in rural areas, many of whom may have been part of the National G uard, may have limited access to the Department of Veterans Affairs medical centers, and may have dependent family members: Provided further, That funding made available under this demonstration shall be available for housing