Page:United States Statutes at Large Volume 123.djvu/1007

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123STA T .987PUBLIC LA W 111 – 8 —M A R .11 , 2 0 09 designat ed foru se by t h e genera lp ubli c or w hich ha v e other co m mon - carrier or public-utility functions that serve the general public and are sub j ect to regulation and oversight by the govern- ment , and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the S mall B usiness L iability R elief and Brownsfield Revitali z ation A ct (P ublic Law 107– 11 8) shall be considered a public use for purposes of eminent domain . S EC . 4 10. N one of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment, e x cept pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priations Act. SEC. 411. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed F orces of the United States and has satisfactorily completed his period of active military or naval service, and has within 9 0 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the O ffice of Personnel M anage- ment as still q ualified to perform the duties of his former position and has not been restored thereto. SEC. 41 2 . No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3 , 1933 (41 U.S. C . 10a–10c, popularly k nown as the ‘ ‘Buy American Act ’ ’). SEC. 413. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a–10c). T his division may be cited as the ‘‘Transportation, H ousing and Urban D evelopment, and Related Agencies Appropriations Act, 2009’’. D IV ISION J— FURTH E R PROVISIONS RELATING TO THE DE- PARTMENT OF HOMELAND SECURIT Y AND OTHER MAT- TERS DEPARTMENT OF HOMELAND SECURITY U NIT E D ST A TE S SEC R ET SER V ICE SA L ARIES AND E XP ENSES ( INCL U DIN G TRANS F ER O F FUNDS ) For an additional amount for ‘‘Salaries and Expenses’’, $ 100,000,000, to remain available until expended, to address addi- tional requirements related to the protection mission

Provide

d , That of this amount, not to exceed $12,730,000 may be transferred to ‘‘Acquisition, Construction, Improvements, and Related Expenses’’ to address the deferred maintenance backlog: Provided fu r th er, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section