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unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 
3 full business days before any discretionary grant award, 
letter of intent, or full funding grant agreement totaling 
$500,000 or more is announced by the department or its 
modal administrations from: (1) any discretionary grant 
program of the Federal Highway Administration including 
the emergency relief program; (2) the airport improvement 
program of the Federal Aviation Administration; (3) any 
grant from the Federal Railroad Administration; or (4) 
any program of the Federal Transit Administration other 
than the formula grants and fixed guideway modernization 
programs: Provided, That the Secretary gives concurrent 
notification to the House and Senate Committees on Ap-
propriations for any ‘‘quick release’’ of funds from the 
emergency relief program: Provided further, That no noti-
fication shall involve funds that are not available for obli-
gation. 
SEC. 189. Rebates, refunds, incentive payments, 
minor fees and other funds received by the Department 
of Transportation from travel management centers, 
charge card programs, the subleasing of building space, 
and miscellaneous sources are to be credited to appropria-
tions of the Department of Transportation and allocated 
to elements of the Department of Transportation using 
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fair and equitable criteria and such funds shall be avail-
able until expended. 
SEC. 190. Amounts made available in this or any 
other Act that the Secretary determines represent im-
proper payments by the Department of Transportation to 
a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be avail-
able— 
(1) to reimburse the actual expenses incurred 
by the Department of Transportation in recovering 
improper payments; and 
(2) to pay contractors for services provided in 
recovering improper payments or contractor support 
in the implementation of the Improper Payments In-
formation 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 appropriation from which the improper pay-
ments were made, and shall be available for the 
purposes and period for which such appropria-
tions are available; or 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to the transfer of any such recovery to an ap-
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propriations account, the Secretary shall notify 
the House and Senate Committees on Appro-
priations 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 provided in sec-
tion 2(d)(2) of Public Law 107–300. 
SEC. 191. Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, said reprogramming action shall be approved 
or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other 
congressional committees of the action of the Committees 
on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogram-
ming action has been approved or denied by the House 
and Senate Committees on Appropriations. 
SEC. 192. (a) None of the funds appropriated or oth-
erwise made available under this Act to the Surface Trans-
portation 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 claiming or seeking au-
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thority to operate as a railroad, unless the Board receives 
written assurance from the Governor, or the Governor’s 
designee, of the State in which such activity will occur that 
such railroad or entity has agreed to comply with State 
and local regulations that establish public health, safety, 
and environmental standards for the activities described 
in subsection (b), other than zoning laws or regulations. 
(b) Activities referred to in subsection (a) are activi-
ties that occur at a solid waste rail transfer facility involv-
ing— 
(1) the collection, storage, or transfer of solid 
waste (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)) outside of original 
shipping containers; or 
(2) the separation or processing of solid waste 
(including baling, crushing, compacting, and shred-
ding). 
SEC. 193. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
complaints filed with the Board in an amount in excess 
of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code. 
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