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
 * Provide

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.