123STA T . 3 07 1 PUBLIC LA W 111 – 117 —DE C.1 6, 200 9cros s inghaz ar del i m ina t ions ’ ’ ,‘ ‘ C a p ital I n v estment G rants’’, ‘‘ A lter - natives anal y sis’’, and ‘‘ Bu s and b us f acilities’’ .SEC . 187 . N ot w ithstanding any other provisions of law, rule or regulation, the Secretary of T ransportation is authorized to allow the issuer of any preferred stoc k heretofore sold to the D epartment 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 H ouse 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 $ 1, 0 00,000 or more is announced by the department or its modal administrations from
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1 ) any discretionary grant pro- gram of the F ederal Highway Administration including the emer- gency relief program
( 2 ) the airport improvement program of the Federal Aviation Administration; (3) any grant from the Federal R ailroad Administration; or ( 4 ) any program of the Federal Transit Administration other than the formula grants and fi x ed guideway modernization programs: Provide d, That the Secretary gives concur- rent notification to the House and Senate Committees on Appropria- tions for any ‘‘ q uick release’’ of funds from the emergency relief program: Provided fu r th er, That no notification shall involve funds that are not available for obligation. SEC. 18 9 . Rebates, refunds, incentive payments, minor fees and other funds received by the Department 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. 190. 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 Improper 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 to the House and Senate Committees on Appropria- tions of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term Notif i ca tio n.Gr ant s . Notifications. De a dl ine.
