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The New International Encyclopædia/Civil Law

CIVIL LAW. (1) The law applicable to the citizens (cives) of a particular State (civitas). The Romans used the term jus civile in this sense, distinguishing it from the law observed by all nations (jus gentium), and from the ideal law of nature (jus naturale). (2) The Romans also described their ordinary law, established by custom and by legislation, as their civil law, distinguishing it from the law introduced by the edicts of their magistrates very much as we distinguish common law from equity. (3) In the Middle Ages, civil law meant Roman law as

set forth in the law books of Justinian, in distinction from the ecclesiastical or canon law. In England, at the same period, civil law meant Roman law as distinguished from English law. (4) Because the part of the Roman law which has most influenced European legal development is that part which deals with the ordinary relations of private persons, civil law has come, in modern European usage, to mean private law in general, without regard to its origin, as distinguished from public law. (5) In modern English usage, civil law includes and designates all the existing systems of private law that are in the main based on the Roman law. Civil law in this sense is a blend of Roman, Teutonic, ecclesiastical, and purely modern institutions and rules, fitted into a framework which is still substantially Roman. It prevails not only upon the Continent of Europe and in the dependencies of the Continental European States, but also in Scotland and in many parts of the world that were first colonized and civilized by the Portuguese, Spanish, Dutch, or French, and which today are independent (Central American and South American republics), or are under the rule of Great Britain (e.g. South Africa, some of the West-Indian islands, the Province of Quebec) or are now included in, or belong to, the United States (e.g. Louisiana, Porto Rico, and the Philippines). It is also finding its way, in some measure, into non-Christian portions of the world (e.g. Turkey and Japan).

I. The Roman City Law (jus civile), during the Royal Period (down to about B.C. 500), was largely religious in its character. The patricians had ‘sacral,’ or religious, customs which controlled the public law of the city and regulated their own family relations. The so-called Royal Laws (leges regiæ), of which some fragments have been preserved, were obviously priestly formulations of these customs. The plebeians apparently had no share in this religious law, and they certainly had special forms of marriage and of testament. The customs regulating property and debt were the same for both orders, and were secular in their character. The interpretation of all law, however, whether religious or secular, rested with patrician priests; and after the expulsion of the kings the enforcement of the law was in the hands of patrician magistrates. In consequence of plebeian complaints and agitation, the non-political custom of the city was reduced to writing; and the Law of the Twelve Tables, thus drafted, was submitted to and accepted by the popular assembly (c.451-50 B.C.) This code, of which numerous fragments have come down to us, set forth simple rules suitable to an agricultural community, in a remarkably clear and terse fashion. It established equal law for both orders, except in the matter of marriage; and a few years later (c.445 B.C.) even this inequality was removed. This law was prized by the Romans as a charter of liberties, and they were reluctant to amend its provisions by legislation. The necessary development of the law was therefore obtained during the following three centuries by interpretation. For two centuries the priestly order remained the authoritative interpreters; but after B.C. 252, when a plebeian became pontifex maximus, the legal system lost its predominantly religious character. With the expansion of Rome, its law was extended over

Latium; but the Roman city law was not applicable to the Italian allies (socii), unless expressly made so by treaty. The best reconstruction of the Royal Laws is that of Voigt; of the Twelve Tables, that of Dirksen and Schöll. Both may conveniently be consulted in Bruns, Fontes Iuris Romani Antiqui, Leges et Negotia (6th ed., Mommsen and Gradenwitz, editors, Leipzig, 1893).

II. Roman Mediterranean Law (jus gentium).—The extension of Roman rule over the Mediterranean basin compelled the Romans to work out a new system of law. The Roman city law was not, in theory, applicable to the provincials, since these were not citizens, but subjects; and it would have been ill suited to the needs of Mediterranean commerce. Between the years B.C. 250 and 150, the new law required was developed: (1) in the edict of the pretor of the foreigners (prætor peregrinorum), who administered justice in Rome in all controversies except those in which both parties were citizens; and (2) in the edicts of the provincial governors (proconsuls and propretors). In matters of purely local interest (e.g. family relations and inheritance) the provincial edicts apparently preserved local usages; but in matters of commercial interest the provincial edicts were patterned after the edict of the foreign pretor in Rome. A common law of property, of contracts, and of judicial procedure was thus established for the entire Mediterranean basin. The sources of this law, according to the Romans, were the usages of all the ancient peoples (jus gentium) and natural reason. During the last century of the Republic, the rules of the new system were gradually made applicable to controversies between Roman citizens. This was accomplished in the edict of the city pretor. In this edict, moreover, the Roman law of inheritance was modified and made more equitable. Of the city edict in its final form, much has been preserved. The best reconstruction is that of Lenel, Das Edictum Perpetuum (Leipzig, 1883).

III. Roman Imperial Law.—At the close of the Republican Period. Roman citizenship had been extended throughout Italy. Under the Empire it was gradually extended through the provinces, until, early in the third century, Caracalla made all the free inhabitants of the Empire Roman citizens. With this change the city law of Rome became, in theory, the law of the Empire. The pretor of the foreigners and his edict disappeared; but the city edict and the provincial edicts remained in force. These, however, had ceased to develop; the city edict received its final revision in the reign of Hadrian (A.D. 117-138). During the first three centuries of the Empire, the law was developed partly by legislation, proceeding from the Emperor and the senate, partly by juristic interpretation. Legislation gradually effaced provincial diversities; interpretation fused the city law and the pretorian law into a harmonious system. In this period, the leading jurists were drawn more directly than before into the administration of justice. Three of the most famous, Papinian, Paul, and Ulpian, were successively chief justices of the Roman Empire. The juristic literature of the late Republic and early Empire (B.C. 100 to A.D. 250) was very extensive, and of the highest order of excellence. It consisted largely of the collection and criticism of recorded decisions

(responsa) and the scientific formulation of the principles on which they were based; that is, it was substantially a progressive digesting of case law. Little of this literature has been preserved, except in the Digest of Justinian. Of the works which have survived—which may conveniently be consulted in Huschke, Jurisprudentiæ Antejustinianeæ quæ supersunt (5th ed., Leipzig, 1886)—the most important are the Institutes of Gaius and fragments of Paul's Sentences and Ulpian's Rules. (Gaius has been translated by Poste, Oxford, 1871, 3d ed. 1890; Gaius and Ulpian by Abdy and Walker, Cambridge, Eng., 1876, 3d ed. 1885; and by Muirhead, Edinburgh, 1880, 2d ed. 1895.)

IV. Codification.—After the middle of the third century, the law was developed solely by Imperial constitutions, viz. decisions (rescripta) and enactments (leges). The first attempts at codification were systematic arrangements of these constitutions. Such were the Codex Gregorianus (about A.D. 295) and a supplementary Codex Hermogenianus, published in the following century. These were private compilations. The first official revision of the Imperial laws was made under the direction of the Byzantine Emperor Theodosius II. The Codex Theodosianus was published A.D. 438, not only in Constantinople, but also, by arrangement with Valentinian III., in Rome. The greater part of this code has come down to us. The fullest edition is by Hänel, 1842. Some additional fragments have been edited by Krüger (1880). Theodosius had entertained, but did not carry out, a broader plan, involving an official digest of the older law, as set forth in the juristic literature. This plan was taken up by the Byzantine Emperor Justinian, and carried out under the direction of his minister, Tribonian. The law books published by Justinian were: (1) Institutes (November 21, A.D. 533). This book, which sets forth the elements of the law, is based on the Institutes of Gaius. It was intended primarily for law students, but it was published with statutory force. (2) Digest or Pandects (December 16, 533), a full exposition of the older law, civil and pretorian. It is composed of excerpts from the juristic literature of four centuries (c.100 B.C. to c.300 A.D.)—chiefly, however, from the literature produced between A.D. 150 and A.D. 250. The greater part of the excerpts seem to have been reproduced without change; but antiquated terms were replaced by those current in the sixth century, and in some cases the passages quoted were condensed or amplified. Like the literature from which it was compiled, the Digest is substantially a collection of case law. (3) Codex (April 7, 529; ‘second reading,’ December 17, 534)—a revised collection of Imperial constitutions, based on the earlier codes and replacing them. The language of these law books is Latin, although some passages in the Digest and many of the constitutions in the Code are in Greek. During the remaining years of his reign, Justinian issued many new constitutions (novellæ), mostly in Greek; but of these no official compilation was made. The combination of the Novels with the other law books of Justinian, under the general title Corpus Juris Civilis, dates from the twelfth century. The best edition is that by Mommsen and Krüger. There are complete French and German translations of the Corpus Juris, but only the Institutes have been

translated into English (Moyle's Institutes, 2d ed. 1890). For the history of Roman law to Justinian, the best English work is by Muirhead, Historical Introduction to the Private Law of Rome (2d ed., Edinburgh, 1899).

V. Roman and Teutonic Law in the Middle Ages.—The law books of Justinian remained in force in the Byzantine Empire until the end of the ninth century, when they were condensed into a single Greek code, the Basilica. This, in its turn, remained nominally in force until the capture of Constantinople, by the Turks, in 1453; but, in fact, briefer private compilations were more generally used. One of these, the Hexabiblos, made in Thessalonica (Salonica) in 1345, had legal authority in Greece as late as the nineteenth century. In the Teutonic kingdoms established on the ruins of the Western Roman Empire, the conquered Romans continued to live (at least in their relations with one another) by the Roman law: and in some cases official compilations of Roman law (antedating those of Justinian) were made for their use. The most important of these was the Lex Romana Visigothorum, compiled at Aire, in Gascony, under the authority of Alaric II. and published A.D. 506, and commonly known as the ‘’ (q.v.). It included Imperial constitutions, a condensation of the Institutes of Gaius, and passages from Paul's Sentences. Until the eleventh century, it was the principal source from which Roman law was drawn in western Europe. Even earlier, in the reign of Euric (466-84), the Visigoths had begun to reduce their own law to written form, and their example was followed by other Teutonic tribes. So came into existence the Leges Barbarorum (as they were termed afterwards), written in Latin, and exhibiting more or less Roman influence. The most important of these are: The Lex Antigua of the Visigoths, the law of the Burgundians (Lex Gundobada), and the law of the Salian Franks (Lex Salica), all dating from the close of the fifth century; the law of the Ripuarian Franks, dating from the close of the sixth century; and the law of the Longobards, compiled in the seventh century. In Spain Visigothic legislation developed, in the course of the seventh century, into an elaborate code, the Lex Visigothorum (later known as the ‘Forum Judicum’ or ‘Fuero Juzgo’). It is a blend of Teutonic, Roman, and ecclesiastical law, and it bound Goths and Romans alike. In the eighth century this national development was arrested by the Moorish Conquest of the Iberian Peninsula. In the Frankish Empire (which, in the course of the eighth century, came to include all Christian Europe, except Great Britain and Ireland and the Byzantine Empire) the system of the ‘personal statute’ prevailed: each German tribe lived by its own law, and the people representing the Roman element in Gaul, Burgundy, and Italy lived by Roman law. Here also, as in Spain, new law (in this case European law) was in process of creation by Imperial legislation (capitularies) and the decisions of the Imperial courts; but in the ninth century this development also was arrested by the disruption of the Empire. In the new nations in process of formation, the royal authority was too slight either to enforce the old Frankish laws or to develop new national law. With the gradual disappearance of racial distinctions, the leges

became obsolete, and the ‘personal statute’ was supplanted by local law, largely customary in character. In southern France and in central and southern Italy, where the Roman element was strongest, the local laws were mainly Roman; in Germany and in northern France, they were mainly Teutonic; in northern Italy and in Spain, Roman and Teutonic rules were more equally blended; but each local system, in the absence of any appellate jurisdiction, developed independently. Across these local differences ran class distinctions; there were separate courts and different laws for the nobles, the peasants, and the townsmen. In most of these courts judgments were rendered by men familiar with the customs of their locality or their class (scabini, échevins, Schöffen), but without other legal training. The most important body of written law produced in this period (except the canon law) was a twelfth-century Lombard code of feudal law (Libri Feudorum), which obtained great authority throughout Europe. Many city laws, and not a few territorial and local customs, were also put into written form, usually by private persons. Among the more important are the so-called Etablissements de Saint Louis (1272 or 1273), the Grand coutumier de Normandie (1270-75), and the Mirror of the Saxons (Sachsenspiegel, about 1230).

VI. Canon Law.—Throughout the Middle Ages, there existed still another set of courts—viz. the ecclesiastic courts—applying a law which was not local, but European, and which bound all Christians. From the ordinary judge (judex ordinarius), the bishop or his surrogate, appeals ran to Rome, and the interpretation of the canon law was kept uniform by the decisions of the Papal Curia. In the Pope and the General Council the Church possessed also effective legislative organs. Canon law profoundly affected the development of European law in many matters; in particular, it gave Europe a common law of marriage and of family relations and rational forms of judicial procedure. For the development of the ecclesiastical law as a whole, and for its codification, see.

VII. Reception of the Law Books of Justinian.—Till the eleventh century, the only texts of Roman law that were most used in Western Europe were the ‘Breviary of Alaric’ and similar scanty compilations. In the eleventh century, however, the law books of Justinian were studied and used in Lombardy, in southern France, and in Barcelona; and there was a regular law school in which the laws of Justinian were taught at Pavia. Early in the twelfth century a more thorough and minute study of these texts, particularly of the Digest, was inaugurated at Bologna by Irnerius; the canon law was taught with equal thoroughness; and by the close of the century the University of Bologna had 10,000 students, largely foreigners from all parts of Europe. Before the end of the thirteenth century law schools were established in twelve other Italian cities. From Italy the systematic study of the civil and canon laws spread through Europe. In Italy the text of Justinian was ‘glossed’—i.e. furnished with a running marginal commentary; and in the thirteenth century one Accursius digested the glosses of his predecessors and produced what came to be recognized as the standard gloss. The revival of the study of the law books of Justinian was followed,

in many parts of Europe, by the ‘reception’ of these books as authoritative law; where, as in Italy and southern France, Roman law of a sort was already in use, the substitution of fuller and better texts was a simple matter, and here the reception came early. In Germany and the Netherlands it came late; it was not completed until the beginning of the sixteenth century. The reception was facilitated, especially in Germany and Italy, by the theory of ‘continuous empire,’ which viewed the Roman emperors as legal predecessors of the mediæval kings and princes. The reception, further, was in part the result, and in part the cause, of a gradual change in the organization of the courts, judges learned in the civil and canon laws taking the place of the scabini, or lay judges. The fundamental cause, however, of the reception of ancient Roman law was the inadequacy of mediæval law. The revival of commerce, in the twelfth and following centuries, and the social changes which ensued, necessitated a more highly developed law. The first result of the revival of commerce was the reception, throughout Europe, of the ancient law merchant, which had survived in the eastern Mediterranean region; but this law was applicable only to traders, and its reception did not solve the problems that were raised by the increasing importance of personal property. Hence the subsequent reception of the entire Roman private law. In those parts of Europe where economic conditions changed more slowly and local customs longer remained adequate—e.g. in Switzerland, in the Scandinavian kingdoms, and in Russia—the law books of Justinian were not received. These countries became civil-law countries later, partly through the influence of the universities, partly by borrowing or imitating French and German legislation. A second and negative cause of the reception was the inability of the mediæval State to work out the new law that was required. In those countries in which central legislative power existed, or in which appeals were running to a supreme court, the law books of Justinian were not received. They were not received in England, nor in northern France, nor in Aragon; and in Castile the Roman law, as taught in the universities, was received only indirectly, in the form of an independent Spanish code—viz. the law of the ‘Seven Parts’ (Las Siete Partidas), prepared under the auspices of Alfonso X. (1252-84). Even in those countries in which the Imperial Roman law was not received in gross, there was, nevertheless, more or less reception in detail; that is, special institutions and rules were borrowed. Where the law books of Justinian were received, they were applied: (1) as modified by the canon law; (2) as interpreted by the Italian commentators; (3) as subsidiary law, not overriding, but only supplementing, local laws. The judges trained in the Roman law were, however, not friendly to local laws. They insisted that such laws must be proved to be in force; and where the local law was unwritten, it was not easy to convince them of its validity.

VIII. Modern Codification.—In Spain and in France, the earlier modern codes were collections of provincial and local laws—viz. the laws (fueros) of the different Spanish provinces and cities and the revisions of the same, dating from the thirteenth century to the nineteenth; and the customs (coutumes) of the French provinces,

published under royal authority in the fifteenth and following centuries. In Germany and in Italy the earlier modern codes were State codes—e.g. those of Bavaria (1756), Prussia (1794), Baden (a translation of the Code Napoleon, 1809), and Saxony (1863); and those of the Two Sicilies (1819), Parma (1820), Piedmont-Sardinia (1837), and Modena (1851).

The principal civil codes now in force in Europe are national codes. The oldest of these is the French Civil Code, commonly known as the Code Napoléon, promulgated in 1804. It is still in force in Belgium, and it has served as a model for much subsequent codification, especially in Latin countries. The Austrian Civil Code dates from 1811. The Italian Civil Code was published in 1865; the Spanish Civil Code in 1888-89; both of these are based upon the French Code. The German Civil Code was published in 1896, and has been in force since 1900. All of these codes, except the Spanish, have supplanted the older provincial and State codes; indeed, the chief object with which they were framed was to create common national law. Nearly all of the smaller European States have civil codes. In Switzerland, where cantonal codes are still in force, there is already a federal code of obligations, and a general civil code is in preparation.

In America, French law has been codified in Lower Canada (now the Province of Quebec; Code of 1805) and in Louisiana (Code of 1808, amended 1824, and since from time to time revised). In nearly all the Spanish-American States, the civil law has been codified, with the Code Napoléon as the chief model. The more important of these codes are those of Bolivia (1831), Peru (1851), Chile (1855), Uruguay (1868), Argentina (1869), Mexico (1870, revised 1884), Colombia (1873, revised 1887). Identical with the Chilean Code, or based upon it, are the codes of Nicaragua (1867), Guatemala (1882), Salvador, Honduras, Venezuela (1880), Costa Rica (1884), Ecuador (1890). The Argentine Code was adopted by Paraguay in 1889. The Spanish Civil Code of 1889 is in force in Cuba, Porto Rico, and the Philippines. To this list of civil-law codes should be added the new Civil Code of Japan (1898), since its provisions, except as regards the family, are largely drawn from modern European codes. A general history of European law is yet to be written, although there are good histories of the law of Germany, Italy, France, Spain, etc. Consult Savigny, Geschichte des römischen Rechts im Mittelalter (2d ed. Heidelberg, 1834-51), which is still the most important general work. There are special works on the reception of Roman law by Schmidt (Göttingen, 1868) and Modderman (Groningen, 1874).


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 123STA T . 1 0 3 PUBLIC LA W 111 – 3 —FE B. 4, 200 9(3)isobl i gated to se rv e all p atie n ts , regardless o f abilit y to pay ( 4 )islo c ated w it h ina S tandard M etropolitan Statistical A rea (SMSA) that incl u des at least 3 States; ( 5 ) provides services as a tertiary care provider for patients residing within a 12 5 -m ile radius; and ( 6 ) meets the criteria for a disproportionate share hospital under section 1 9 23 of such Act (42 U. S. C . 1396r – 4) in at least one State other than the State in which the center is located. SEC.61 6.E XT E N S IO NO FM E D IC A ID DS H A L LOTMENTS FO R TEN - NESSEE AND HA W AII. Section 1923(f)(6) (42 U.S.C. 1396r–4(f)(6)), as amended by section 2 0 2 of the Medicare I mprovements for P atients and Pro- viders Act of 200 8 (Public L aw 110–2 7 5) is amended — (1) in the paragraph heading, by stri k ing ‘ ‘ 20 0 9ANDTHEFIRS T C A L ENDAR QU ARTER O F FISCAL Y EAR 20 1 0 ’ ’ and inserting ‘‘2011 AND THE FIRST CALENDAR QUARTER OF FISCAL YEAR 2012’’; (2) in subparagraph (A)— (A) in clause (i)— (i) in the second sentence— (I) by striking ‘‘and 2009’’ and inserting ‘‘, 2009, 2010, and 2011’’; and (II) by striking ‘‘such portion of’’; and (ii) in the third sentence, by striking ‘‘2010 for the period ending on D ecember 31, 2009’’ and inserting ‘‘2012 for the period ending on December 31, 2011’’; ( B ) in clause (ii), by striking ‘‘or for a period in fiscal year 2010’’ and inserting ‘‘2010, 2011, or for period in fiscal year 2012’’; and (C) in clause (iv)— (i) in the clause heading, by striking ‘‘2009 AND THE FIRST CALENDAR QUARTER OF FISCAL YEAR 2010’’ and inserting ‘‘2011 AND THE FIRST CALENDAR QUARTER OF FISCAL YEAR 2012’’; and (ii) in each of subclauses (I) and (II), by striking ‘‘ or for a period in fiscal year 2010’’ and inserting ‘‘2010, 2011, or for a period in fiscal year 2012’’; and (3) in subparagraph (B)— (A) in clause (i)— (i) in the first sentence, by striking ‘‘2009’’ and inserting ‘‘2011’’; and (ii) in the second sentence, by striking ‘‘2010 for the period ending on December 31, 2009’’ and inserting ‘‘2012 for the period ending on December 31, 2011’’. SEC. 61 7 . G AO RE P ORT ON MEDICAID MANAGED CARE PA Y MENT RATES. N ot later than 18 months after the date of the enactment of this Act, the Comptroller G eneral of the United States shall submit a report to the Committee on F inance of the Senate and the Committee on E nergy and Commerce of the H ouse of R epresent- atives analy z ing the e x tent to which State payment rates for med- icaid managed care organizations under Medicaid are actuarially sound.

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 123STA T . 1 04PUBLIC LA W 111 – 3 —FE B.4 , 200 9Subti t leC—O t h e rP r ov i s io n s SEC.621 . OUTR E A C H RE G AR DIN G HEA L TH INSURANCE O P TIONS A V AILA B LE TO CHILDREN. (a)DEFIN I T I O N S.—Inthis s ec ti o n— ( 1 )thete rm s ‘ ‘ Ad ministration ’ ’ and ‘‘Administrator’’ means the S ma l l Bu siness Administration and the Administrator thereo f, res p ecti v el y; ( 2 ) the term ‘‘certified development company’’ means a development company participatin g in the program under title V of the Small Business Investment Act of 1 958 (15 U .S. C . 6 95etse q .); ( 3 ) the term ‘‘ M edicaid program’’ means the program esta b- lished under title X IX of the Social Security Act ( 4 2 U.S.C. 1396 et seq.); (4) the term ‘‘Service Corps of R etired Ex ecutives’’ means the Service Corps of Retired Executives authori z ed by section 8(b)(1) of the Small Business Act (15 U.S.C. 63 7 (b)(1)); (5) the term ‘‘small business concern’’ has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); (6) the term ‘‘small business development center’’ means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648); (7) the term ‘‘State’’ has the meaning given that term for purposes of title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (8) the term ‘‘State Children’s H ealth Insurance P rogram’’ means the State Children’s Health Insurance Program estab- lished under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (9) the term ‘‘tas k force’’ means the task force established under subsection (b)(1); and (1 0 ) the term ‘‘ w omen’s business center’’ means a women’s business center described in section 29 of the Small Business Act (15 U.S.C. 656). (b) EST ABL IS HM ENT OF T AS KF O RC E.— (1) ESTABLISHMENT.—There is established a task force to conduct a nationwide campaign of education and outreach for small business concerns regarding the availability of coverage for children through private insurance options, the Medicaid program, and the State Children’s Health Insurance Program. (2) MEMBERSHI P .—The task force shall consist of the Administrator, the Secretary of Health and Human Services, the Secretary of L abor, and the Secretary of the Treasury. (3) RESPONSIBILITIES.—The campaign conducted under this subsection shall include— (A) efforts to educate the owners of small business concerns about the value of health coverage for children; (B) information regarding options available to the owners and employees of small business concerns to make insurance more affordable, including Federal and State tax deductions and credits for health care-related expenses and health insurance expenses and Federal tax exclusion for health insurance options available under employer- 15USC6 5 7p.


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 123STA T . 1 05PUBLIC LA W 111 – 3 —FE B. 4, 200 9spon so redcaf e t er i ap l ans u nder section 125 oft h e I nternal R e v enue C odeof1 986;( C ) efforts to educate the o w ners of s m all b usiness concerns about assistance available throu g h public pro - grams; and ( D ) efforts to educate the owners and emplo y ees of small business concerns regarding the availability of the hotline operated as part of the Insure K ids N ow program of the Department of H ealth and Human S ervices . ( 4 )I MPLE ME NTA T IO N. — In carrying out this subsection , the tas k force may— ( A ) use any business partner of the Administration, including— (i) a small business development center; (ii) a certified development company; (iii) a women ’ s business center; and (iv) the Service Corps of Retired Ex ecutives; ( B ) enter into— (i) a memorandum of understanding with a chamber of commerce; and (ii) a partnership with any appropriate small busi- ness concern or health advocacy group; and (C) designate outreach programs at regional offices of the Department of Health and Human Services to work with district offices of the Administration. (5) W E BS ITE.— T he Administrator shall ensure that links to information on the eligibility and enrollment re q uirements for the M edicaid program and State Children’s Health Insur- ance P rogram of each State are prominently displayed on the website of the Administration. (6) REPO R T.— (A) IN G ENERAL.—Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Com- mittee on Small Business of the House of Representatives a report on the status of the nationwide campaign con- ducted under paragraph (1). (B) CONTENTS.—Each report submitted under subpara- graph (A) shall include a status update on all efforts made to educate owners and employees of small business con- cerns on options for providing health insurance for children through public and private alternatives. SEC.62 2. SE N SE OFTH E SEN A TE R E G AR DI NG ACCESS TO AFFORDA BL E AND M EANINGF U L HEALTH INSURANCE CO V ERAGE. (a) F IN D INGS.—The Senate finds the following (1) There are approximately 45 million Americans currently without health insurance. (2) More than half of uninsured workers are employed by businesses with less than 25 employees or are self-employed. ( 3 ) Health insurance premiums continue to rise at more than twice the rate of inflation for all consumer goods. (4) Individuals in the small group and individual health insurance markets usually pay more for similar coverage than those in the large group market.


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 123STA T . 1 06PUBLIC LA W 111 – 3 —FE B. 4, 200 9(5)Therapidg r owt hi n hea l th in su ran c e costs o v er the last f ew y ears has forced m any employers , particularly small employers, to increase deducti b les and co - pays or to drop cov- erage completely . (b) SENS E OFTH E SEN A TE. — The Senate— ( 1 ) recogni z es the necessity to improve affordability and access to health insurance for all A mericans ( 2 )ac k nowledges the value of building upon the e x isting private health insurance market; and ( 3 ) affirms its intent to enact legislation this year that, with appropriate protection for consumers, improves access to affordable and meaningful health insurance coverage for employees of small businesses and individuals by— (A) facilitating pooling mechanisms, including pooling across State lines, and ( B ) providing assistance to small businesses and individuals, including financial assistance and tax incen- tives, for the purchase of private insurance coverage. TI T LEV II —R EVE NU E P R O VI S IONS SEC.701 . IN C R E A SEINE X CISE T AX RATE O NTO B ACCO P RO DU CTS. (a) CIG A R S.—Section 5 70 1(a) of the I nternal R evenue Code of 1 986 is amended— (1) by striking ‘ ‘ $ 1.828 cents per thousand ($1.59 4 cents per thousand on cigars removed during 2000 or 2001) ’ ’ in para- graph (1) and inserting ‘‘$50.33 per thousand’’, (2) by striking ‘‘20.719 percent (18.063 percent on cigars removed during 2000 or 2001)’’ in paragraph (2) and inserting ‘‘52.75 percent’’, and (3) by striking ‘‘$48.75 per thousand ($42.50 per thousand on cigars removed during 2000 or 2001)’’ in paragraph (2) and inserting ‘‘40.26 cents per cigar’’. (b) CIGARETTES.—Section 5701(b) of such Code is amended— (1) by striking ‘‘$19.50 per thousand ($17 per thousand on cigarettes removed during 2000 or 2001)’’ in paragraph (1) and inserting ‘‘$50.33 per thousand’’, and (2) by striking ‘‘$40.95 per thousand ($35.70 per thousand on cigarettes removed during 2000 or 2001)’’ in paragraph (2) and inserting ‘‘$105.69 per thousand’’. (c) CIGARETTE P A P ERS.—Section 5701(c) of such Code is amended by striking ‘‘1.22 cents (1.06 cents on cigarette papers removed during 2000 or 2001)’’ and inserting ‘‘3.15 cents’’. (d) CIGARETTE T UB ES.—Section 5701(d) of such Code is amended by striking ‘‘2.44 cents (2.13 cents on cigarette tubes removed during 2000 or 2001)’’ and inserting ‘‘6.30 cents’’. (e) S M O K E L ESS TOBA C CO.—Section 5701(e) of such Code is amended— (1) by striking ‘‘58.5 cents (51 cents on snuff removed during 2000 or 2001)’’ in paragraph (1) and inserting ‘‘$1.51’’, and (2) by striking ‘‘19.5 cents (17 cents on chewing tobacco removed during 2000 or 2001)’’ in paragraph (2) and inserting ‘‘50.33 cents’’. 26USC5701.


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 123STA T . 1 07PUBLIC LA W 111 – 3 —FE B. 4, 200 9(f)PIPETOBAC CO .—Section5701 (f) of su c hC o d eis am ended by st r i k in g‘ ‘ $ 1.0 96 9 cents (95.67 cents on p ipe tobacco remo v ed during 2 000 or 2001) ’ ’ and inserting ‘‘$2. 83 11 cents’’. (g) R O L L -Y O UR - OWN TOBACCO.—Section 5701(g) of such Code is amended by striking ‘‘$1.0969 cents (95.67 cents on ro l l-your- o w n tobacco removed during 2000 or 2001)’’ and inserting ‘‘$2 4 .78’’. (h) F LOOR S T OC KS TA X ES.— (1) IM POSITION O F TAX.—On tobacco products (other than cigars described in section 5701(a)(2) of the Internal Revenue Code of 1986) and cigarette papers and tubes manufactured in or imported into the U nited States which are removed before A pril 1 , 2009, and held on such date for sale by any person, there is hereby imposed a ta x in an amount e q ual to the excess of— (A) the tax which would be imposed under section 5701 of such Code on the article if the article had been removed on such date, over ( B ) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) CRE D ITA G AINST TAX.— E ach person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on April 1, 2009, for which such person is liable. (3) L IABILIT Y FOR TAX AND MET H OD OF PAYMENT.— (A) LIABILITY FOR TAX.—A person holding tobacco prod- ucts, cigarette papers, or cigarette tubes on April 1, 2009, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) M ETHOD OF PAYMENT.—The tax imposed by para- graph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) TIME FOR PAYMENT.—The tax imposed by para- graph (1) shall be paid on or before August 1, 2009. (4) ARTICLES IN FOREIGN TRADE Z ONES.— N otwithstanding the Act of J une 18, 1934 (commonly known as the Foreign Trade Z one Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other provision of law, any article which is located in a foreign trade z one on April 1, 2009, shall be sub j ect to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the super- vision of an officer of the United States Customs and Border Protection of the D epartment of H omeland Security pursu- ant to the 2d proviso of such section 3(a). (5) DEFINITIONS.—For purposes of this subsection— (A) IN GENERAL.—Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (B) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary of the Treasury or the Secretary’s delegate. Regulations.26USC5701 note.


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 123STA T . 1 08PUBLIC LA W 111 – 3 —FE B. 4, 200 9(6)CONTR O L L EDG RO UPS.—Rules s im il arto t h e rules o f se c tio n50 6 1 (e)( 3 )ofsuchCo d e shall a p pl y for purposes of this su b section. ( 7 ) O T H ERL AW S APPL IC A B LE.— A ll pro v isions of la w, includin g penalties, applicable with respect to the ta x es imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stoc k s taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. T he S ecretary may treat any person who bore the ulti - mate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (i) EF FECTI V E D ATE.—The amendments made by this section shall apply to articles removed (as defined in section 570 2 ( j )of the I nternal Revenue Code of 1 98 6) after M arch 31, 2009. SEC.702 . ADMIN IS TR ATI V EIM P R O VEMENTS. (a) P ER M IT, INVENTORIES, REPORTS, AND RECORDS RE Q UIRE- MENTS FOR MANUFACTURERS AND IMPORTERS OF PROCESSED TOBACCO.— (1) PERMIT.— (A) APPLICATION.—Section 5712 of the Internal Rev- enue Code of 1986 is amended by inserting ‘ ‘or processed tobacco ’ ’ after ‘‘tobacco products’’. ( B ) ISSUANCE.—Section 5713(a) of such Code is amended by inserting ‘‘or processed tobacco’’ after ‘‘tobacco products’’. (2) INVENTORIES, REPORTS, AND PAC K AGES.— (A) INVENTORIES.—Section 5721 of such Code is amended by inserting ‘‘, processed tobacco,’’ after ‘‘tobacco products’’. (B) REPORTS.—Section 5722 of such Code is amended by inserting ‘‘, processed tobacco,’’ after ‘‘tobacco products’’. (C) PACKAGES, MARKS, LABELS, AND NOTICES.—Section 5723 of such Code is amended by inserting ‘‘, processed tobacco,’’ after ‘‘tobacco products’’ each place it appears. (3) RECORDS.—Section 57 4 1 of such Code is amended by inserting ‘‘, processed tobacco,’’ after ‘‘tobacco products’’. (4) MANUFACTURER OF PROCESSED TOBACCO.—Section 5702 of such Code is amended by adding at the end the following new subsection ‘‘(p) MANUFACTURER OF PROCESSED TOBACCO.— ‘‘(1) IN GENERAL.—The term ‘manufacturer of processed tobacco’ means any person who processes any tobacco other than tobacco products. ‘‘(2) PROCESSED TOBACCO.—The processing of tobacco shall not include the farming or growing of tobacco or the handling of tobacco solely for sale, shipment, or delivery to a manufac- turer of tobacco products or processed tobacco.’’. (5) CONFORMING AMENDMENTS.— (A) Section 5702(h) of such Code is amended by striking ‘‘tobacco products and cigarette papers and tubes’’ and inserting ‘‘tobacco products or cigarette papers or tubes or any processed tobacco’’. 26USC570 2 . 26 USC 57 41 . 26 USC 572 3 . 26 USC 5722. 26 USC 5721. 26 USC 5713. 26 USC 5712. 26 USC 5701 note . Ap p licab ilit y .


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 123STA T . 1 09PUBLIC LA W 111 – 3 —FE B. 4, 2009 (B)Sections5702 ( j ) a n d 5702( k )o f s u c hC ode a r e each a m ended by insertin g‘ ‘, or any p rocessed tobacco, ’ ’ after ‘‘tobacco products or cigarette papers or tubes’’ . ( 6 ) EF F ECTIV E DA TE. —T he amendments made by this sub - section sha l l take effect on A pril 1, 200 9 . (b) BA S ISF ORD E N IA L ,S U S P ENSION, OR R EVOCATION OF P ER- M ITS.— (1) DENIAL.—Paragraph ( 3 ) of section 5712 of such Code is amended to read as follo w s ‘‘(3) such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner)— ‘‘(A) is, by reason of his business e x perience, financial standing, or trade connections or by reason of pre v ious or current legal proceedings involving a felony violation of any other provision of F ederal criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compli- ance with this chapter, ‘‘(B) has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, or ‘‘(C) has failed to disclose any material information re q uired or made any material false statement in the application therefor.’’. (2) SUSPENSION OR REVOCATION.—Subsection (b) of section 5713 of such Code is amended to read as follows: ‘‘(b) SUSPENSION OR REVOCATION.— ‘‘(1) S H O W CAUSE HEARIN G .— I f the Secretary has reason to believe that any person holding a permit— ‘‘(A) has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud, ‘‘(B) has violated the conditions of such permit, ‘‘(C) has failed to disclose any material information required or made any material false statement in the application for such permit, ‘‘(D) has failed to maintain his premises in such manner as to protect the revenue, ‘‘(E) is, by reason of previous or current legal pro- ceedings involving a felony violation of any other provision of Federal criminal law relating to tobacco products, proc- essed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compliance with this chapter, or ‘‘(F) has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why his permit should not be suspended or revoked. ‘‘(2) ACTION FOLLOWING HEARING.—If, after hearing, the Secretary finds that such person has not shown cause why his permit should not be suspended or revoked, such permit Orde r .26USC5713 . 26 USC 5712. 26 USC 57 0 2 not e. 26 USC 5702.


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 123STA T . 11 0PUBLIC LA W 111 – 3 —FE B. 4, 200 9shal l be s u s p e nd ed for su c h per i od as t he S ecretar y dee m s proper or shall be re v o k ed .’ ’. (3)EF F ECTIV E DA TE. —T he amendments made by this sub - section shall take effect on the date of the enactment of this A ct. (c) A P P L ICATI ON OF I NTE R NAL R EVEN U E C ODE STATUTE OF L I M ITATION S FOR ALCO H OL AND TO B ACCO E X CISE TAXES.— ( 1 )IN G ENERAL.—Section 5 1 4 (a) of the Tariff Act of 1 9 3 0 (19 U .S.C. 1514(a)) is amended by strikin g‘ ‘and section 5 2 0 (relating to refunds)’’ and inserting ‘‘section 520 (relating to refunds) , and section 6 501 of the Internal Revenue Code of 19 8 6 (but only w ith respect to ta x es imposed under chapters 51 and 52 of such Code)’’. (2) EFFECTIVE DATE.—The amendment made by this sub- section shall apply to articles imported after the date of the enactment of this Act. (d) EXPANSION OF D EFINITION OF ROLL- Y OUR- OW N TOBACCO.— (1) IN GENERAL.—Section 5 7 02(o) of the Internal Revenue Code of 1986 is amended by inserting ‘‘or cigars, or for use as wrappers thereof’’ before the period at the end. (2) EFFECTIVE DATE.—The amendment made by this sub- section shall apply to articles removed (as defined in section 5702( j ) of the Internal Revenue Code of 1986) after M arch 31, 2009. (e) TIME OF TAX FOR UNLAWFULL Y MANUFACTURED TOBACCO P RODUCTS.— (1) IN GENERAL.—Section 5703(b)(2) of such Code is amended by adding at the end the following new subparagraph ‘‘( F ) SPECIAL RULE FOR UNLAWFULLY MANUFACTURED TOBACCO PRODUCTS.—In the case of any tobacco products, cigarette paper, or cigarette tubes manufactured in the United States at any place other than the premises of a manufacturer of tobacco products, cigarette paper, or cigarette tubes that has filed the bond and obtained the permit re q uired under this chapter, tax shall be due and payable immediately upon manufacture.’’. (2) EFFECTIVE DATE.—The amendment made by this sub- section shall take effect on the date of the enactment of this Act. (f) DISCLOSURE.— (1) IN GENERAL.—Paragraph (1) of section 6103(o) of such Code is amended by designating the text as subparagraph (A), moving such text 2 ems to the right, striking ‘‘Returns’’ and inserting ‘‘ ( A ) IN GENERAL.—Returns’’, and by inserting after subparagraph (A) (as so redesignated) the following new subparagraph: ‘‘( B ) USE IN CERTAIN PROCEEDINGS.—Returns and return information disclosed to a Federal agency under subparagraph (A) may be used in an action or proceeding (or in preparation for such action or proceeding) brought under section 625 of the American J obs Creation Act of 2004 for the collection of any unpaid assessment or penalty arising under such Act.’’. (2) CONFORMING AMENDMENT.—Section 6103(p)(4) of such Code is amended by striking ‘‘(o)(1)’’ both places it appears and inserting ‘‘(o)(1)(A)’’. 26USC 6 103. 26 USC 57 03 note . 26 USC 5703. 26 USC 5702 note. 26 USC 5702. 1 9 USC 151 4 note. 26 USC 5712 note.


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 123STA T . 111 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9LEGIS L AT I V E H IST ORY— H . R. 2( S.2 75):C O N GRESSIONAL RECOR D, V ol . 1 55 (2 0 0 9 ): Jan .1 4, c on sider ed and p assed Ho u se. Jan. 2 6– 29, considered and passed Sena t e,a m ended. F e b . 4, House concurred in Senate amendment. DAILY CO MP ILATION OF PRESIDENTIAL DOC U MENTS, Vol. 44 (2009): Feb. 4, Presidential remar k s. (3)EF F ECTIV E DA TE .—Theam e nd men ts made by th i ss u b - se c ti o n sha l la p plyono r a f ter the date of the enactment of this A ct. ( g )T R A NS ITI O NA LRU LE.—Any person w ho— ( 1 )onApril1 ,20 0 9 is engaged in business as a manufac- turer of processed tobacco or as an importer of processed tobacco, and (2) before the end of the 90-day period beginning on such date, submits an application under subchapter B of chapter 5 2 of such C ode to engage in such business, may, notwith- standing such subchapter B, continue to engage in such busi- ness pending final action on such application. P ending such final action, all pro v isions of such chapter 52 shall apply to such applicant in the same manner and to the same e x tent as if such applicant were a holder of a permit under such chapter 52 to engage in such business. SEC.703 . TR E A S U R Y STU D YC ON CERN I N GM AGNITUDE O F TO B ACCO SMUGG L INGINT H E UNITED STATES. N ot later than one year after the date of the enactment of this Act, the S ecretary of the Treasury shall conduct a study con- cerning the magnitude of tobacco smuggling in the U nited States and submit to Congress recommendations for the most effective steps to reduce tobacco smuggling. Such study shall also include a review of the loss of F ederal tax receipts due to illicit tobacco trade in the United States and the role of imported tobacco products in the illicit tobacco trade in the United States. SEC. 70 4 . TIME FOR P AYMENT OF CORPORATE ESTIMATED TA X ES. The percentage under subparagraph (C) of section 4 01(1) of the Tax I ncrease Prevention and Reconciliation Act of 2005 in effect on the date of the enactment of this Act is increased by 0.5 percentage point. Approved February 4, 2009. 26USC 66 5 5 note.Ap p licab ilit y . 26USC5 71 1 note. 26 USC 61 03 note.


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 123STA T . 112 PUBLIC LA W 111 –4—FE B. 11 , 2 0 0 9PublicLaw1 11 –4 111 thCongres s A n Act Top o st po ne t h e D T V t ra ns i tion d ate .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ D T V De l ay Act ’ ’ . SEC. 2 . P OSTPONE M ENT O FD T V TR A NSITION DATE. ( a )INGE NE RAL . —S ecti on30 0 2 (b) o f the Di g ital Tele v ision T r ansition and Pu blic Safety Act of 200 5 ( 47U .S. C . 30 9 note) is amended— ( 1 ) by stri k ing ‘‘ F ebruary 1 8, 2009 ’’ in p aragraph (1) and inserting ‘‘ J une 13, 2009;’’; and (2) by striking ‘‘February 18, 2009,’’ in paragraph (2) and inserting ‘‘that date’’. (b) C O N F OR MI N G AMEN D MEN TS .— (1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is amended by striking ‘‘February 17, 2009.’’ and inserting ‘‘June 12, 2009.’’. (2) Section 309( j )(14)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended by striking ‘‘February 17, 2009.’’ and inserting ‘‘June 12, 2009.’’. (3) Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ‘‘February 17, 2009.’’ and inserting ‘‘June 12, 2009.’’. (c) L I C ENSE TERMS.— (1) EX TENSION.—The Federal Communications Commission shall e x tend the terms of the licenses for the recovered spec - trum, including the license period and construction re q uire- ments associated w ith those licenses, for a 11 6 -day period. (2) DEFINITION.—In this subsection, the term ‘‘recovered spectrum’’ means— (A) the recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of the Communications Act of 1934; and ( B ) the spectrum excluded from the definition of recov- ered analog spectrum by subclauses (I) and (II) of such section. SEC. 3 . MODIFICATION OF DI G ITAL - TO-ANALOG CONVERTER B O X PRO- GRAM. (a) EXTENSION OF CO UP ON PROGRAM.—Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 47USC609note.DTV De layAc t. F e b . 1 1 ,2 009 [ S. 35 2 ]


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 123STA T . 113 PUBLIC LA W 111 –4—FE B. 11 , 2 0 0 9(47U.S . C . 309note)isam en d ed by st r i k in g‘ ‘ M ar ch 3 1,2 009, ’ ’ and inserting ‘‘ Jul y 31, 2009,’’. (b) TREATM E N T OFEXPI RE D CO U PON S . — Section 300 5 (c)(1) o f the D igital Tele v ision Transition and P ublic Safety A ct of 2005 (47 U.S.C. 309 note) is amended by adding at the end the follo w ing ‘‘(D) EXPIRED C OUPONS.—The Assistant Secretary may issue to a household, u p on re q uest by the household, one replacement coupon for each coupon that was issued to such household and that e x pired without being redeemed.’’. (c) CONFORMIN G AMENDMENT.—Section 3005(c)(1)(A) of the Dig - ital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by striking ‘‘receives, via the United States Postal Service,’’ and inserting ‘‘redeems’’. (d) CONDITION OF MODIFICATIONS.—The amendments made by this section shall not take effect until the enactment of additional budget authority after the date of enactment of this Act to carry out the analog-to-digital converter box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005. SEC.4 . IMPL EME NTA TI O N. (a) PERMISSI V E EAR LY TERMINATION UNDER EXISTING R E Q UIRE- MENTS.— N othing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broad- cast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the F ederal Communications Commission’s requirements in effect on the date of enactment of this Act, including the flexible procedures estab- lished in the Matter of Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07 – 22 8 ,M B Docket No. 07–91, released December 31, 2007). (b) PU B LIC SAFETY RADIO SERVICES.—Nothing in this Act, or the amendments made by this Act, shall prevent a public safety service licensee from commencing operations consistent with the terms of its license on spectrum recovered as a result of the vol- untary cessation of broadcasting in the analog or digital television service pursuant to subsection (a). Any such public safety use shall be sub j ect to the relevant Federal Communications Commis- sion rules and regulations in effect on the date of enactment of this Act, including section 90.545 of the Commission’s rules (47 C.F.R. § 90.545). (c) EXPEDITED RULEMA K ING.—Notwithstanding any other provi- sion of law, the Federal Communications Commission and the National Telecommunications and I nformation Administration shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act. Deadlin e .47USC309 n ot e. 47 USC 309 note.


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 123STA T . 11 4PUBLIC LA W 111 – 4 —FE B. 11 , 2 0 0 9LEGIS L AT I V E H IST ORY— S .352:C O N GRESSIONAL RECOR D, V ol . 1 55 ( 2 0 0 9) Jan . 29, c on sider ed and p assed Sena t e. F e b . 4, considered and passed Ho u se. SEC.5 .E XT E N S IO NO F CO M MISSION AU CTION AUT H O R IT Y . Section309(j) ( 1 1)o f t h e C o m m u nic a tion sA ct of 193 4 (4 7U. S.C. 309(j)(11)) is amen d ed by st r i k in g‘ ‘ 2 011. ’ ’ and inserting ‘‘2012.’’. A p pro v ed F ebruary 11 , 2009.


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 123STA T . 11 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9PublicLaw1 11 –5 111 thCongres s A n Act Makingsup p lem en t al app ro priations f or j o b preser v ation an dc reation , infrastructure investment, energ y efficiency and science, assistance to t h e unemployed, and S tate and local fiscal stabili z ation, for the fiscal year ending September 30, 2 00 9 , and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘Ame r ica nR ec ov ery and Reinvest - ment Act o f20 0 9’ ’ . SEC. 2 .T AB LEO F CONTENTS. The tab l e of contents for this Act is as follo w s
 * DIV

ISI ONA— A P P R OPRIA T IONS PROVISIONS TIT LE I—A G RI CU LTURE, RURAL DEVELOPMENT, F OOD AND DRUG ADMIN - ISTRATION, AND RELATED AGENCIES TITLE II—COMMERCE, J USTICE, SCIENCE, AND RELATED AGENCIES TITLE III—DEPARTMENT OF DEFENSE TITLE IV—ENERG Y AND W ATER DEVELOPMENT TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE VI—DEPARTMENT OF H OMELAND SECURITY TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES TITLE VIII—DEPARTMENTS OF LA B OR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES TITLE I X —LEGISLATIVE BRANCH TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RE- LATED AGENCIES TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES TITLE XIII—HEALTH INFORMATION TECHNOLOGY TITLE XIV—STATE FISCAL STABILI Z ATION FUND TITLE XV—ACCOUNTABILITY AND TRANSPARENCY TITLE XVI—GENERAL PROVISIONS—THIS ACT DIVISION B—TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER PROVISIONS TITLE I—TAX PROVISIONS TITLE II—ASSISTANCE FOR UNEMPLOYED WOR K ERS AND STRUGGLING FAMILIES TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECH- NOLOGY MISCELLANEOUS MEDICARE PROVISIONS TITLE V—STATE FISCAL RELIEF TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM TITLE VII—LIMITS ON EXECUTIVE COMPENSATION SEC. 3 . PU RPOSES AN D PRINCIPLES. ( a )STA T EM E N T OFPURP O S ES. — The pu rposes of this Act include the followin g 26USC1note. 26 USC 1 note. Am e rica n R eco v er y an d Reinve s tment Act o f 2 0 0 9 . F e b .1 7, 2009 [H .R. 1 ]


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 123STA T . 11 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(1)Topres er v e andc rea t e j o b s and pro m ote econom i c recover y. ( 2 ) To assist t h ose most impacted by the recession. ( 3 ) To provide investments needed to increase economic e f ficiency by sp u rrin g techno l ogical advances in science and health. ( 4 ) To invest in transportation , environmental protection, and other infrastructure that w ill provide long - term economic benefits. ( 5 ) To stabili z e S tate and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local ta x increases. (b) GEN E RALP R I N C I P LE SCO NCERNIN GU SEO FFU N D S. — The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this A ctsoas to achieve the purposes specified in subsection (a), including com- mencing expenditures and activities as q uic k ly as possible con- sistent with prudent management. SEC.4 . R E F ERE N CES. E xcept as expressly provided otherwise, any reference to ‘ ‘this Act ’ ’ contained in any division of this Act shall be treated as referring only to the provisions of that division. SEC. 5 .E M ER G ENC YD ES I GN AT I O NS. (a) I N GENERAL.—Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 2 0 4(a) of S. Con. R es. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 7 0 (110th Congress), the concurrent resolutions on the budget for fiscal years 200 8 and 200 9 . (b) PA Y -AS- Y OU-GO.—All applicable provisions in this Act are designated as an emergency for purposes of pay-as-you-go principles. DIV I S I ONA— A P P R OPRIA T IONS PROVISIONS That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely TIT L E I—AGRICULTURE, RURAL D E V EL O P M E N T, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE AGRICUL T URE B UILDINGS AND FACILITIES AND RENTAL PAY M ENTS For an additional amount for ‘‘Agriculture Buildings and Facili- ties and Rental Payments’’, $ 24,000,000, for necessary construction, repair, and improvement activities. OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $22,500,000, to remain available until September 30, 2013, for 1USC 1 note.


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 123STA T . 11 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9oversightand a u dit o fp rogra m s , grants, and a c tivities funded by this A ct and administered by the D epartment of Agricu l ture . A GRICULT UR A L RES EARC HS ER V ICE B UIL D I N GS AND F ACILITIES F or an additional amount for ‘ ‘ B uildings and Facilities ’ ’, $176, 0 00,000, for w or k on deferred maintenance at Agricultural Research Service facilities
 * Provide

d, T hat priority in the use of such funds shall be given to critical deferred maintenance, to pro j ects that can be completed, and to activities that can commence promptly following enactment of this Act. FAR M SERVICE AGENC Y SALARIES AND E XP ENSES For an additional amount for ‘‘Farm Service Agency, Salaries and Ex penses,’’ $ 5 0,000,000, for the purpose of maintaining and moderni z ing the information technology system. N ATURAL RES O URCES C ONSERVATION SERVICE W ATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for ‘‘ W atershed and Flood P revention O perations’’, $ 29 0,000,000, of which $1 4 5,000,000 is for necessary expenses to purchase and restore floodplain easements as author - ized by section 40 3 of the Agricultural Credit Act of 197 8( 16 U .S.C. 2203 ) (except that no more than $30,000,000 of the amount provided for the purchase of floodplain easements may be obligated for projects in any one State): Provided, That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act. WATERSHED REHABILITATION PROGRAM For an additional amount for ‘‘Watershed Rehabilitation Pro- gram’’, $50,000,000: Provided , That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act. RURAL H OUSING SERVICE RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,000,000,000 for section 502 direct loans and $10,472,000,000 for section 502 unsubsidized guaranteed loans. For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: $67,000,000


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Page:United States Statutes at Large Volume 123.djvu/138

 123STA T . 11 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9forsecti o n502d irect l o a ns and $13 3, 000,000 for section 502 u nsu b- sidi z ed g uaranteed loans .RU R ALCOM MU NITYF ACILITI ESP RO G RAM ACCOUNT F or an additional a m ount for t h e cost of direct loans and grants for rural communit y facilities p rograms as authorized by section 30 6 and described in section 3 8 1 E( d ) (1) of the C onsolidated Farm and R ural D e v elopment A ct, $130,000,000. RURAL B USINESS — COOPERATI V E S ERVICE RURAL B USINESS PROGRAM ACCOUNT For an additional amount for the cost of guaranteed loans and grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the Consolidated Farm and Rural Development Act ( 7U .S.C. 1 9 32), $150,000,000. RURAL UTILITIES SERVICE RURAL W ATER AN D WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for the cost of direct loans and grants for the rural w ater, waste water, and waste disposal pro- grams authorized by sections 306 and 310B and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,380,000,000. DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et se q .) and for grants (including for technical assistance), $2,500,000,000
 * Provide

d, T hat the cost of direct and guaranteed loans shall be as defined in section 502 of the Congres- sional Budget Act of 197 4
 * Provided

fu r th er, That, notwithstanding title VI of the Rural Electrification Act of 1936, this amount is available for grants, loans and loan guarantees for broadband infra- structure in any area of the United States: Provided further, That at least 75 percent of the area to be served by a pro j ect receiving funds from such grants, loans or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary of Agriculture: Provided further , That priority for awarding such funds shall be given to project applications for broadband systems that will deliver end users a choice of more than one service provider: Provided further, That priority for awarding funds made available under this paragraph shall be given to projects that provide service to the highest proportion of rural residents that do not have access to broadband service: Provided further, That priority shall be given for project applications from borrowers or former borrowers under title II of the Rural Electrifica- tion Act of 1936 and for project applications that include such borrowers or former borrowers: Provided further, That priority for awarding such funds shall be given to project applications that demonstrate that, if the application is approved, all project elements will be fully funded: Provided further, That priority for awarding Grants.Lo ans.


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Page:United States Statutes at Large Volume 123.djvu/139

 123STA T . 11 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 suchf u nd ssh al l begiv en topr o j ect applications for activities that can be co m pleted if the re q uested funds are provided
 * Provide

d fu r th er ,T hat priorit y for a w arding such funds shall be given to activities that can commence promptly following approval: Provided further, That no area of a project funded with amounts made available under this paragraph may receive funding to provide broadband service under the B roadband Technology O pportunities P rogram: Provided further, That the S ecretary shall submit a report on planned spending and actual obligations describing the use of these funds not later than 90 days after the date of enactment of this A ct, and quarterly thereafter until all funds are obligated, to the C ommittees on Appropriations of the H ouse of R epresenta - tives and the Senate .F OO D A N DN U TR I TION S E R V ICE CHI L D NUTRITION PRO G RA M S For an additional amount for the Richard B. Russell National School Lunch Act (42 U.S.C. 175 1 et. seq. ) ,e x cept section 21, and the Child Nutrition Act of 19 6 6 (42 U.S.C. 1771 et. seq.), except sections 17 and 21, $ 100,000,000, to carry out a grant pro- gram for National School Lunch Program equipment assistance: Provided , That such funds shall be provided to States administering a school lunch program in a manner proportional with each States ’ administrative expense allocation: Provided further, That the States shall provide competitive grants to school food authorities based upon the need for equipment assistance in participating schools with priority given to school in which not less than 50 percent of the students are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act. SPECIAL S U PPLE M E NT AL NUT R ITI O N PRO G RAM F OR W OMEN, INFANTS, AN D C H ILDREN ( WIC ) For an additional amount for the special supplemental nutrition program as authori z ed by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 17 8 6), $500,000,000, of which $400,000,000 shall be placed in reserve to be allocated as the Secretary deems nec- essary, notwithstanding section 17(i) of such Act, to support partici- pation should cost or participation exceed budget estimates, and of which $100,000,000 shall be for the purposes specified in section 17(h)(10)(B)(ii): Provided, That up to one percent of the funding provided for the purposes specified in section 17(h)(10)(B)(ii) may be reserved by the Secretary for Federal administrative activities in support of those purposes. COMMODIT Y ASSISTANCE PROGRAM For an additional amount for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 20 3 6(a)) and section 204(a)(1) of the Emer- gency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000: Provided, That of the funds made available, the Sec- retary may use up to $50,000,000 for costs associated with the distribution of commodities, of which up to $25,000,000 shall be made available in fiscal year 2009. Grants.Repo rts. D ea dli nes.


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Page:United States Statutes at Large Volume 123.djvu/140

 123STA T . 12 0PUBLIC LA W 111 –5—FE B.1 7, 200 9GEN E RALP R OVIS IONS —TH IS TITLE S EC.10 1. TE MPORA R Y I N CREA S E I N B ENE F I T S U N D ERT H E S U PP L EMENTAL NUTRITION ASSISTANCE PRO G RAM. (a)M A X IMUM BENEFIT INCREASE.— (1) IN GENERAL.—B egin ning th e f i rs t mo nth that b egins not l ess than 25d a y s after the date of ena c tment of this Act , the v al u e of benefits determined under section 8 (a) of the F ood and Nutrition Act of 2008 and consolidated bloc k grants for Puerto Rico and American Samoa determined under section 1 9 (a) of such Act shall be calculated using 11 3 . 6p ercent of the J une 2008 value of the thrifty food plan as specified under section 3(o) of such Act. (2) TERMINATION.— (A) The authority provided by this subsection shall terminate after September 30, 2009. (B) Not w ithstanding subparagraph (A), the Secretary of Agriculture may not reduce the value of the ma x imum allotments, minimum allotments or consolidated block grants for Puerto Rico and American Samoa below the level in effect for fiscal year 2009 as a result of paragraph (1). (b) RE Q UIREMENTS FOR THE SECRETARY.—In carrying out this section, the Secretary shall— (1) consider the benefit increases described in subsection (a)tobea ‘ ‘mass change ’ ’ (2) re q uire a simple process for States to notify households of the increase in benefits; (3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 ( 7 U.S. C . 2025(c)(3)(A)) to apply to any errors in the implementation of this section, without regard to the 120 - day limit described in that section; ( 4 ) disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022); and (5) set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at $ 50 through September 30, 2009. (c) ADMINISTRATI V E EXPENSES.— (1) IN GENERAL.—For the costs of State administrative expenses associated with carrying out this section and admin- istering the supplemental nutrition assistance program estab- lished under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary shall make available $145,000,000 in fiscal year 2009 and $150,000,000 in fiscal year 2010, of which $4,500,000 is for necessary expenses of the Food and Nutrition Service for management and oversight of the program and for monitoring the integrity and evaluating the effects of the payments made under this section. (2) TIMING FOR FISCAL YEAR 20 0 9 .—Not later than 60 days after the date of enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2009 under paragraph (1). (3) ALLOCATION OF FUNDS.—Except as provided for manage- ment and oversight, funds described in paragraph (1) shall Grants.De a dli ne. Ef fe c ti v e date. Pu ert oR ico. Am erican S amoa.


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Page:United States Statutes at Large Volume 123.djvu/141

 123STA T . 121 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9bemad ea v a il able a sgr a nt st oS tate agen c ies f or eac h fiscal y ear as follo w s
 * (A)75p

ercent of the amo u nts available for each fiscal year shall be allocated to States based on the share of each State of households that participate in the supple - mental nutrition assistance program as reported to the D epartment of Agriculture for the most recent 12 -month period for which data are available , ad j usted by the Sec- retary (as of the date of enactment) for participation in disaster programs under section 5(h) of the F ood and N utri- tion Act of 2 0 0 8 (7 U. S. C . 201 4 (h)) and ( B ) 25 percent of the amounts available for each fiscal year shall be allocated to States based on the increase in the number of households that participate in the supple- mental nutrition assistance program as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Sec- retary (as of the date of enactment) for participation in disaster programs under section 5(h) of the Food and Nutri- tion Act of 2008 (7 U.S.C. 2014(h)). (d) F O O D D ISTR I BU TIO NP RO G R AM ON I NDIAN RE SER V ATIONS. — For the costs relating to facility improvements and e q uipment upgrades associated with the Food Distribution Program on Indian Reservations, as established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 201 3 (b)), the Secretary shall ma k e available $ 5,000,000: Provide d ,T hat administrative cost-sharing requirements are not applicable to funds provided in accordance with this provision. (e) TREATMENT O FJ OB L ESS W OR K ERS.— (1) REMAINDER OF FIS C AL Y EAR 20 0 9 T H ROUGH FISCAL YEAR 20 1 0.—Beginning with the first month that begins not less than 25 days after the date of enactment of this Act and for each subsequent month through September 30, 2010, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6 (o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency that meets the standards of subparagraphs (B) or (C) of that para- graph. (2) FISCAL YEAR 2011 AND THEREAFTER.—Beginning on O ctober 1, 2010, for the purposes of section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to October 1, 2010. (f) FUNDING.—There are appropriated to the Secretary out of funds of the Treasury not otherwise appropriated such sums as are necessary to carry out this section. SEC. 102. AGRICULTURAL DISASTER ASSISTANCE TRANSITION. (a) FEDERAL CRO P INSURANCE ACT. Section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at the end the following: ‘ ‘(7) 2008 TRANSITION ASSISTANCE.— ‘‘(A) IN GENERAL.— E ligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subpara- graph shall be eligible for assistance under this section Ef f ectiv e da te s.


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Page:United States Statutes at Large Volume 123.djvu/142

 123STA T . 122 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9inac c ord anc ew i thsubp ara g raph (B) i f the e l igible pro - ducers on the far m—‘ ‘(i) pa y the appropriate fee described in paragraph ( 4 )( A ) not later than 90 days after the date of enact- ment of this paragraph and ‘‘(ii)( I ) in the case of each insurable commodity of the eligible producers on the farm , e x cluding gra z ing land, agree to obtain a policy or plan of insurance under subtitle A (excluding a crop insurance pilot pro- gram under that subtitle) for the next insurance year for which crop insurance is a v ailable to the eligible producers on the farm at a level of coverage e q ual to 7 0 percent or more of the recorded or appraised average yield indemnified at 1 00 percent of the expected mar k et price, or an equivalent coverage; and ‘‘(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable S tate filing deadline, for the non- insured crop assistance program for the next year for which a policy is available . ‘‘(B) A MOUNT O FAS S I STAN CE .— E ligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm— ‘‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2 00 8 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indem- nified at 100 percent of the expected market price, or an equivalent coverage; and ‘‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the non- insured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield. ‘‘( C )E Q UITA BL E R ELIEF.—Except as provided in subparagraph ( D ), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of— ‘‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or ‘‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)( 3 ) if— ‘‘(I) in clause (i) of that subparagraph, ‘120 percent ’ is substituted for ‘11 5 percent’; and ‘‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’. Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/143

 123STA T . 123 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (D)LIM I TA TI ON.—Foram o unts ma de a v a il a b le under t h is p ara g raph , the S e c retar y may ma k e such ad j ustments as are necessary to ensure that no producer receives a payment under this paragraph f or an amount in e x cess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insur - ance prior to the date of enactment of this paragraph. ‘‘( E ) AU T H O R IT Y O F TH ES E C RETARY.— T he Secretary may provide such additional assistance as the Secretary considers appropriate to provide e q uitable treatment for eligible producers on a farm that suffered production losses in the 20 0 8 crop year that result in multiyear production losses, as determined by the Secretary. ‘‘(F) LAC K OF ACCESS.— N ot w ithstanding any other provision of this section, the Secretary may provide assist- ance under this section to eligible producers on a farm that— ‘‘(i) suffered a production loss due to a natural cause during the 2008 crop year and ‘‘(ii) as determined by the Secretary— ‘‘( I )(aa) except as provided in item (bb), lack access to a policy or plan of insurance under sub- title A; or ‘‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming prac- tices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the U nited States; and ‘‘(II) are not eligible for the noninsured crop disaster assistance program established by section 1 96 of the Federal Agriculture Improvement and R eform Act of 1996 ( 7 U.S. C .7 3 33). ’ ’. (b) TRA D EACTOF197 4 .—Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the end the following ‘‘(7) 2008 TRANSITION ASSISTANCE.— ‘‘(A) IN G ENERA L .—Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subpara- graph shall be eligible for assistance under this section in accordance with subparagraph ( B ) if the eligible pro- ducers on the farm— ‘‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enact- ment of this paragraph; and ‘‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding gra z ing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1 5 01 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/144

 123STA T . 12 4PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9indem ni f ied at10 0 p e rc ent o ft h ee x pected mar k et price , orane qu i v a l ent covera g e and ‘ ‘ (I I ) in the ca s e of each noninsura b le commodit y of the eligible producers on the farm, agree to file the required paper w ork, and pay the administrative fee by the applicable S tate filing deadline, for the non - insured crop assistance program for the next year for which a policy is available . ‘‘( B ) AMOUNT O FAS S I STAN CE . —E ligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm— ‘‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2 00 8 crop year at a level of coverage not to exceed 7 0 percent or more of the recorded or appraised average yield indem- nified at 100 percent of the expected market price, or an equivalent coverage; and ‘‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the non- insured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield. ‘‘( C )E Q UITA BL E R ELIEF.—Except as provided in subparagraph ( D ), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph ( 4 )(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of— ‘‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or ‘‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)( 3 ) if— ‘‘(I) in clause (i) of that subparagraph, ‘120 percent ’ is substituted for ‘11 5 percent’; and ‘‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’. ‘‘(D) L IMITATION.— F or amounts made available under this paragraph, the Secretary may make such ad j ustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insur- ance prior to the date of enactment of this paragraph. ‘‘(E) AUT H ORIT Y OF THE SECRETARY.— T he Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.


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Page:United States Statutes at Large Volume 123.djvu/145

 123STA T . 12 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (F)LACKOF ACC ES S .—Notwi t hs t and in g an y oth erp ro v ision o f this se c tion , the S ecretary m ay provide assist - ance u nder this section to e l igi b le producers on a farm that— ‘‘(i) suffered a production loss due to a natural cause during the 20 0 8 crop year and ‘‘(ii) as determined by the Secretary— ‘‘( I )(aa) e x cept as provided in item (bb), lac k access to a policy or plan of insurance under sub- title A ‘‘(bb) do not q ualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming prac- tices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the U nited States; and ‘‘(II) are not eligible for the noninsured crop disaster assistance program established by section 1 96 of the Federal Agriculture Improvement and R eform Act of 1996 ( 7 U.S. C .7 3 33). ’ ’. (c) FA RMOP ERA TING LOANS.— (1) IN GENERA L .—For the principal amount of direct farm operating loans under section 311 of the Consolidated Farm and Rural D evelopment Act (7 U.S.C. 19 4 1), $ 173,367,000. (2) DIRECT FARM OPERATING LOANS.—For the cost of direct farm operating loans, including the cost of modifying loans, as defined in section 5 02 of the Congressional B udget Act of 1974 (2 U.S.C. 661a), $20,440,000. (d) 2008 A QU ACULTURE ASSISTANCE.— (1) DEFINITIONS.—In this subsection (A) E LIGI B LE AQUACULTURE PRO D UCER.— T he term ‘‘eligible aquaculture producer’’ means an aquaculture pro- ducer that during the 2008 calendar year, as determined by the Secretary— (i) produced an aquaculture species for which feed costs represented a substantial percentage of the input costs of the aquaculture operation; and (ii) experienced a substantial price increase of feed costs above the previous 5-year average. (B) SECRETAR Y .—The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (2) G RANT PROGRAM.— (A) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $50,000,000, to remain available until September 30, 2010, to carry out a program of grants to States to assist eligible aquaculture producers for losses associated with high feed input costs during the 2008 calendar year. (B) NOTIFICATION.—Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers. (C) P RO V ISION OF GRANTS.— Deadlin e .
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The New International Encyclopædia/Civil List

CIVIL LIST. An annual allowance granted to the sovereign and the members of the royal family in constitutional monarchies, where the Parliament has obtained control of the purse. In England down to 1660, the entire expenses of government, civil and military, were defrayed out of what was called the ‘Royal Revenue.’ This revenue, which arose partly from Crown lands and partly from other sources, remained for a long period after the Conquest at the disposal of the Crown; and even after supplies were voted by Parliament, the specific mode of their expenditure continued to be free from Parliamentary control. After the accession of William III.,

a distinction was drawn between the military and naval expenditure, which was henceforth voted by Parliament annually, and the civil list proper, which included the maintenance of the royal household, the salaries of the judges, ambassadors, and such great officers of State, and such miscellaneous disbursements as the secret-service money and pensions. The Civil List was fixed at £600,000. Under William IV., all salaries were transferred from the Civil List to the National Budget, and the royal grant placed at £510,000. Upon the accession of Victoria, the hereditary revenues of the Crown were consolidated with the national domains, in lieu of which the sovereign was allowed an annual stipend of £385,000, to be devoted solely to the support of the royal household and the honor and dignity of the Crown. The British monarch also enjoys the income from the Duchy of Lancaster, varying from £50,000 to £60,000 annually. The charges on the Civil List for the benefit of the royal family amount to £168,000. In all the countries of Continental Europe, with the exception of Russia and Turkey, the sovereign and the members of the royal family are provided for by a civil list, generally in proportion to the value of the royal possessions which they may have ceded to the nation. The income of European monarchs ranges from $300,000 in the case of the King of Denmark to $4,000,000, which represents the allowance made the King of Prussia.


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Page:United States Statutes at Large Volume 123.djvu/146

 123STA T . 12 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(i)INGE NE RAL.—TheS e cr e ta r ys ha l l m a k e g ra n ts t o States u n d er this su b section on a p ro rata basis based on the amount o f a q uaculture feed used in each State during the 20 0 7 calendar year , as determined by the Secretary. (ii) T IM ING.— N ot later than 1 20 days after the date of enactment of this A ct, the Secretary shall make grants to States to pro v ide assistance under this sub - section. ( D ) R E QU IREMEN TS .—The Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State w ill— (i) use grant funds to assist eligible aquaculture producers (ii) provide assistance to eligible aquaculture pro- ducers not later than 6 0 days after the date on which the State receives grant funds; and (iii) not later than 3 0 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes— (I) the manner in which the State provided assistance; (II) the amounts of assistance provided per species of aquaculture; and (III) the process by which the State deter- mined the levels of assistance to eligible aqua- culture producers. (3) RE D U C TI O NIN P A Y MENTS.—An eligible aquaculture pro- ducer that receives assistance under this subsection shall not be eligible to receive any other assistance under the supple- mental agricultural disaster assistance program established under section 5 31 of the F ederal C rop Insurance Act (7 U .S.C. 1531) and section 9 01 of the Trade Act of 197 4 (19 U.S.C. 2497) for any losses in 200 8 relating to the same species of aquaculture. (4) REPORT TO CONGRESS.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that— (A) describes in detail the manner in which this sub- section has been carried out; and ( B ) includes the information reported to the Secretary under paragraph (2)(D)(iii). SEC. 103. For fiscal years 2009 and 2010, in the case of each program established or amended by the Food, Conservation, and E nergy Act of 2008 ( P ublic L aw 110 – 246), other than by title I of such Act, that is authori z ed or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for the purpose of covering salaries and related administrative e x penses, including tech- nical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes Reports.D e adlin es. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/147

 123STA T . 12 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9ofap p lyingthe li m itation on the total amo u nt of allotment s an d fund t r ansfers c ontained in such section .SEC . 104 . I n addition to other a v aila b le funds , of the funds made available to the R ural D evelopment mission area in this title, not more than 3 percent of the funds can be used for adminis - trative costs to carry out loan, loan guarantee and grant activities funded in this title, w hich shall be transferred to and merged with the appropriation for ‘ ‘Rural Development, Salaries and Ex penses ’ ’
 * Provide

d ,T hat of this amount $ 1, 75 0,000 shall be com- mitted to agency pro j ects associated with maintaining the compli- ance, safety, and soundness of the portfolio of loans guaranteed through the section 50 2 guaranteed loan program. SEC. 105. O f the amounts appropriated in this title to the ‘‘Rural H ousing Service, Rural C ommunity F acilities P rogram A ccount’’, the ‘‘Rural B usiness-Cooperative Service, Rural Business Program Account’’, and the ″ Rural U tilities Service, Rural W ater and Waste Disposal Program Account’’, at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided, That for the purposes of this section, the term ‘‘persistent poverty counties’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as meas- ured by the 1 98 0, 1990, and 2000 decennial censuses. TIT L EII — CO M MERCE, J USTICE, SCIE N CE, AND RELATED A G ENCIES DEPARTMENT OF COMMERCE EC ON O MI CDE V E L O P MEN T A D MINI S T RA TION ECONOMIC DEVELOPMENT ASSISTANCE PRO G RAMS For an additional amount for ‘‘Economic Development Assist- ance Programs’’, $150,000,000: Provided, That $50,000,000 shall be for economic adjustment assistance as authori z ed by section 209 of the Public Wor k s and Economic Development Act of 19 6 5, as amended ( 42 U.S.C. 3149 )
 * Provided

fu r th er, That in allocating the funds provided in the previous proviso, the Secretary of Com- merce shall give priority consideration to areas of the Nation that have experienced sudden and severe economic dislocation and job loss due to corporate restructuring: Provided further, That not to exceed 2 percent of the funds provided under this heading may be transferred to and merged with the appropriation for ‘‘Salaries and Expenses’’ for purposes of program administration and over- sight: Provided further, That up to $50,000,000 of the funds provided under this heading may be transferred to federally authorized regional economic development commissions. B U REAU O F T H E CENSUS PERIODIC CENSUSES AND PROGRAMS For an additional amount for ‘‘Periodic Censuses and Pro- grams’’, $1,000,000,000. Defin i t i o n .


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 123STA T . 12 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9NATION A LTE LE C O M M U NICATION S AN DI N F O R MATION A DMINISTRATION B ROADBAND TEC H NOLO GY O P PORTUNITIES PROGRAM Foran a m o u n tf or ‘ ‘ B roa db and T ech no l o gyOp portun i tie sP ro - gram ’ ’ ,$4, 70 0,000,000
 * Provide

d , That of the funds pro v ided under this heading, not less than $4, 35 0,000,000 shall be e x pended pursu- ant to division B of this Act, of w hich: not less than $ 2 00,000,000 shall be available for competitive grants for expanding public com- puter center capacity, including at community colleges and public libraries not less than $250,000,000 shall be available for competi- tive grants for innovative programs to encourage sustainable adop- tion of broadband service; and $ 1 0,000,000 shall be transferred to ‘‘ D epartment of C ommerce, Office of Inspector G eneral’’ for the purposes of audits and oversight of funds provided under this heading and such funds shall remain available until expended: Provided fu r th er, That of the funds provided under this heading, up to $350,000,000 may be expended pursuant to Public L aw 110 – 3 8 5 ( 47 U.S .C. 1301 note ) and for the purposes of developing and maintaining a broadband inventory map pursuant to division B of this Act: Provided further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Commu- nications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to division B of this Act, and only if the Committees on Appropriations of the H ouse and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the FCC. DIGITAL-TO-ANALOG CON V ERTER BO X PROGRAM For an amount for ‘‘Digital-to-Analog Converter Box Program’’, $ 6 50,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Tele- vision Transition and Public Safety Act of 2005: Provided, That of the amounts provided under this heading, $ 9 0,000,000 may be for education and outreach, including grants to organi z ations for programs to educate vulnerable populations, including senior citi- zens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-on-one assistance to vulnerable populations, including help with converter box installation: Provided further, That the amounts provided in the previous proviso may be trans- ferred to the Federal Communications Commission (FCC) if deemed necessary and appropriate by the Secretary of Commerce in con- sultation with the FCC, and only if the Committees on Appropria- tions of the House and the Senate are notified not less than 5 days in advance of transfer of such funds. Notif i ca tio n.De a dl ine. Ap plica b ilit y . Notification. Deadline. Gr ant s .


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 123STA T . 12 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 NATION A LI N S TIT U T E O FS TAN D A R DS AND T E CH NOLO GY SCIENTIFIC AND TECHNICAL RESEARCH AND SER V ICES Foran a d d it iona l a m o u nt f or ‘ ‘S c i e ntific and Tec h nical R e s earch and Ser v ices ’ ’ ,$2 2 0 ,000,000 . CONSTRUCTION OF RESEARCH FACILITIES For an additional amount for ‘‘ C onstruction of Research Facili - ties’’, $ 36 0,000,000, of w hich $ 18 0,000,000 shall b eforacom p etitive construction g rant program for research science buildings. NATIONAL O CEANIC AND A T M OS P HERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for ‘‘Operations, Research, and Facili- ties’’, $230,000,000. PROCUREMENT, AC Q UISITION AND CONSTRUCTION For an additional amount for ‘‘ P rocurement, Ac q uisition and Construction’’, $600,000,000. OFFICE OF INSPECTOR G ENERAL For an additional amount for ‘‘Office of Inspector General’’, $6,000,000, to remain available until September 30, 2013. DE PART M ENT OF JU STICE GENERAL ADMINISTRATION OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until September 30, 2013. STATE AND L OCAL LA W ENFORCEMENT ACTIVITIES OFFICE ON V IOLENCE AGAINST W OMEN VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS For an additional amount for ‘‘Violence Against Women Preven- tion and Prosecution Programs’’, $22 5 ,000,000 for grants to combat violence against women, as authori z edb y part T of the Omnibus Crime Control and Safe Streets Act of 1 9 68 (4 2 U.S.C. 3 7 96gg et seq. ):Provide d , That, $50,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stal k ing or se x ual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103 – 322). Grants.