H. R. 1105—425 
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 concur-
rent notification to the House and Senate Committees on Appropria-
tions for any ‘‘quick release’’ of funds from the emergency relief 
program: Provided further, That no notification shall involve funds 
that are not available for obligation. 
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 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 Payments 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 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 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