Page:United States Statutes at Large Volume 119.djvu/2444

 119 STAT. 2426

Termination date. 49 USC 14710 note.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–115—NOV. 30, 2005

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section 2(d)(2) of Public Law 107–300. SEC. 170. The Secretary of Transportation is authorized to transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’ to ‘‘Minority Business Outreach’’. SEC. 171. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. SEC. 172. None of the funds made available under this Act may be obligated or expended to establish or implement a pilot program under which not more than 10 designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air subsidy costs for a 4-year period commonly referred to as the EAS local participation program. SEC. 173. (a) Section 14710(a) of title 49, United States Code, is amended— (1) by striking ‘‘a State authority may’’ and inserting ‘‘a State authority other than the attorney general of the state may, as parens patriae,’’; and (2) by inserting the following after the first sentence: ‘‘Any civil action for injunctive relief to enjoin such delivery or transportation or to compel a person to pay a fine or penalty assessed under chapter 149 shall be brought in an appropriate district court of the United States.’’. (b) Section 14710(b) of title 49, United States Code, is amended to read as follows: ‘‘(b) EXERCISE OF ENFORCEMENT AUTHORITY.—The authority of this section shall be exercised subject to the requirements of sections 14711(b)–(f) of this title.’’. (c) Section 14711(b)(1) of title 49, United States Code, is amended by inserting the following at the end: ‘‘The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).’’. (d) Section 14711(b)(4) of title 49, United States Code, is amended by inserting ‘‘that is subject to review under subsection (b)(2)’’ before ‘‘if the Secretary’’. (e) The amendments made by this section shall cease to be in effect after September 30, 2006. SEC. 174. Section 112(b)(2) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking ‘‘title 40’’ and all that follows through the period and inserting ‘‘title 40.’’; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively; (4) in subparagraph (E) (as redesignated by paragraph (3)), in the first sentence, by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (D)’’; and

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