# Supplemental Appropriations Act, 2009/Title XII
## TITLE XII—DEPARTMENT OF TRANSPORTATION
### OFFICE OF THE SECRETARY
#### Payments to Air Carriers

    In addition to funds made available under Public Law 111-8 and funds authorized under subsection 41742(a)(1) of title 49, United States Code, to carry out the essential air service program, to be derived from the Airport and Airway Trust Fund, $13,200,000, to remain available until expended.

### FEDERAL AVIATION ADMINISTRATION
#### Grants-In-Aid for Airports

    Of the amounts authorized under sections 48103 and 48112 of title 49, United States Code, $13,200,000 are permanently rescinded from amounts authorized for the fiscal year ending September 30, 2008.

### GENERAL PROVISIONS—THIS TITLE
#### SEC. 1201.

    Section 1937(d) of Public Law 109-59 (119 Stat. 1144, 1510) is amended—
          (1) in paragraph (1) by striking “expenditures” each place that it appears and inserting “allocations”; and
          (2) in paragraph (2) by striking “expenditure” and inserting “allocation”.

#### SEC. 1202.

    A recipient and subrecipient of funds appropriated in Public Law 111-5 and apportioned pursuant to section 5311 and section 5336 (other than subsection (i)(1) and (j)) of title 49, United States Code, may use up to 10 percent of the amount apportioned for the operating costs of equipment and facilities for use in public transportation or for eligible activities under section 5311(f):
       Provided, That a grant obligating such funds on or after February 17, 2009, may be amended to allow a recipient and subrecipient to use the funds made available for operating assistance:
       Provided further, That applicable chapter 53 requirements apply, except for the Federal share which shall be, at the option of the recipient, up to 100 percent.

#### SEC. 1203.

    Public Law 110-329, under the heading “Project-Based Rental Assistance”, is amended by striking “project-based vouchers” and all that follows up to the period and inserting “activities and assistance for the provision of tenant-based rental assistance, including related administrative expenses, as authorized under the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.), $80,000,000, to remain available until expended:
       Provided, That such funds shall be made available within 60 days of the enactment of this Act:
       Provided further, That in carrying out the activities authorized under this heading, the Secretary shall waive section (o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))”.

#### SEC. 1204.

    Public Law 111-5 is amended by striking the second proviso under the heading “HOME Investment Partnerships Program” and inserting “Provided further, That the housing credit agencies in each State shall distribute these funds competitively under this heading and pursuant to their qualified allocation plan (as defined in section 42(m) of the Internal Revenue Code of 1986) to owners of projects who have received or receive simultaneously an award of low-income housing tax credits under sections 42(h) and 1400N of the Internal Revenue Code of 1986:”.

#### SEC. 1205.

    Notwithstanding Section 1606, amounts made available under Division A of Public Law 111–5 for the “Public Housing Capital Fund” to carry out capital and management activities for public housing agencies as authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) shall be subject to 42 U.S.C. 1437j; for the “Community Development Fund” to carry out the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) shall be subject to 42 U.S.C. 5310 (or a waiver under 42 U.S.C. 5307(e)(2)); for “Native American Housing Block Grants,” as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.) (“NAHASDA”) shall be subject to 25 U.S.C. 4114(b); and for a housing entity eligible to receive funding under title VIII of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject to 25 U.S.C. 4225(b).

## Notes

* 1 2 (Airport and Airway Trust Fund}
* ↑ (Rescission}