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 123STA T . 1 908PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 FED E RALAVI A T I ON AD M INI S TRATION G RANTS - IN-AID F OR AIR P ORTS ( AIRPORT AND AIR W A Y TR U ST FUND ) (RES C ISSION) Oftheamoun t s autho riz e d under se c tions 48103 and 4811 2 of tit l e4 9,U nited S tates C ode, $ 13,200,000 are p ermanentl y rescinded from amounts authorized for the fiscal year endin g Sep- tem b er 30, 2008 .GEN E R A LP RO VI SIONS —TH IS TITLE SEC. 1201. Section 193 7( d ) of Public La w 109 –5 9 (119 Stat. 1144, 1510) is amended— (1) in paragraph (1) by stri k ing ‘ ‘e x penditures ’ ’ each place that it appears and inserting ‘‘allocations’’ and (2) in paragraph (2) by striking ‘‘expenditure’’ and inserting ‘‘allocation’’. SEC. 1202. A recipient and subrecipient of funds appropriated in Public Law 111–5 and apportioned pursuant to section 5311 and section 533 6 (other than subsection (i)(1) and ( j )) of title 49, United States Code, may use up to 10 percent of the amount apportioned for the operating costs of e q uipment and facilities for use in public transportation or for eligible acti v ities under section 5311(f)
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d, That a grant obligating such funds on or after February 17, 2009, may be amended to allow a recipient and sub- recipient to use the funds made available for operating assistance: Provided fu r th er, That applicable chapter 53 requirements apply, except for the Federal share which shall be, at the option of the recipient, up to 100 percent. SEC. 1203. Public Law 110–329, under the heading ‘‘Project- B ased Rental Assistance’’, is amended by striking ‘‘project-based vouchers’’ and all that follows up to the period and inserting ‘‘activi- ties and assistance for the provision of tenant-based rental assist- ance, including related administrative expenses, as authorized under the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.), $80,000,000, to remain available until expended: Provided, That such funds shall be made available within 60 days of the enactment of this Act: Provided further, That in carrying out the activities authorized under this heading, the Sec- retary shall waive section (o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’. SEC. 1204. Public Law 111–5 is amended by striking the second proviso under the heading ‘‘HO M E Investment Partnerships Pro- gram’’ and inserting ‘‘Provided further, That the housing credit agencies in each State shall distribute these funds competitively under this heading and pursuant to their qualified allocation plan (as defined in section 42(m) of the Internal Revenue Code of 1986) to owners of projects who have received or receive simultaneously an award of low-income housing tax credits under sections 42(h) and 1400N of the Internal Revenue Code of 1986:’’. SEC. 1205. Notwithstanding Section 1606, amounts made avail- able under D ivision A of Public Law 111-5 for the ‘‘Public Housing Capital Fund’’ to carry out capital and management activities for public housing agencies as authorized under section 9 of the United Ante,p.2 2 0 . Waiver a utho rit y . D ea dl i n e. 1 22 S tat. 359 9. A ppli c a b ility. 119 Stat. 1510.


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Page:United States Statutes at Large Volume 123.djvu/1929

 123STA T . 1 90 9 PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 Sta t esHou s ingAc to f1937(42U. S. C . 1437g ) s h a l l b e sub j ect to 42 U.S.C. 1437j fo r the ‘ ‘Co m munit yD e v elo p ment F un d’ ’to carry out the community development bloc k grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5 3 0 1etse q .) shall be subject to 42 U.S.C. 5310 (or a w aiver under 42 U.S.C. 5307(e)(2)); for ‘‘ N ative American Housing B lock G rants , ’’ as authori z ed under title I of the Native American Housing Assistance and Self - Determination Act of 199 6 (25 U.S.C. 4111 et seq.) (‘‘NAHASDA’’) shall be subject to 25 U.S.C. 4114(b); and for a housing entity eligible to receive funding under title V III of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject to 25 U.S.C. 4225(b). T IT LEX III — C O NSU M E R ASSISTANCE TO REC Y CLE AND SAVE P ROGRAM S EC . 1301. S HORT T I T L E.—This title may be cited as the ‘‘Con- sumer Assistance to Recycle and Save Act of 2009’’. SEC. 1302. CO NSUM ER ASSIST A NCE TO REC Y CLE AN D SA V E PRO- G RAM.—(a) ESTA B LISHMENT.—There is established in the National Highway Traffic Safety Administration a voluntary program to be known as the ‘‘Consumer Assistance to Recycle and Save Pro- gram’’ through which the Secretary, in accordance with this section and the regulations promulgated under subsection (d), shall— (1) authorize the issuance of an electronic voucher, subject to the specifications set forth in subsection (c), to offset the purchase price or lease price for a qualifying lease of a new fuel efficient automobile upon the surrender of an eligible trade- in vehicle to a dealer participating in the Program; (2) register dealers for participation in the Program and require that all registered dealers— (A) accept vouchers as provided in this section as par- tial payment or down payment for the purchase or quali- fying lease of any new fuel efficient automobile offered for sale or lease by that dealer; and (B) in accordance with subsection (c)(2), to transfer each eligible trade-in vehicle surrendered to the dealer under the Program to an entity for disposal; (3) in consultation with the Secretary of the Treasury, make electronic payments to dealers for eligible transactions by such dealers, in accordance with the regulations issued under subsection (d); and (4) in consultation with the Secretary of the Treasury and the Inspector General of the Department of Transportation, establish and provide for the enforcement of measures to pre- vent and penalize fraud under the program. (b) Q UALI F ICATIONS FOR AND VALUE OF VOUCHERS.—A voucher issued under the Program shall have a value that may be applied to offset the purchase price or lease price for a qualifying lease of a new fuel efficient automobile as follows (1) $ 3,500 VALUE.—The voucher may be used to offset the purchase price or lease price of the new fuel efficient automobile by $3,500 if— (A) the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 4 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; ConsumerA ss i s ta n c eto R ec y c l ean dS a v e Act o f20 0 9.4 9 U SC 3 290 1 note.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/1930

 123STA T . 1 9 1 0PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 (B)then e wfu e l eff ic ient a ut om o b ile i s a cate g o ry1 truc k an d the combined fuel economy v alue of such truck is at least 2 miles p er gallon higher than the com - bined fuel economy value of the eligible trade-in vehicle ( C ) the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 1 5 miles per gallon and — (i) the eligible trade-in vehicle is a category 2 truck and the combined fuel economy value of the new fuel efficient automobile is at least 1 mile per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or (ii) the eligible trade-in vehicle is a category 3 truck of model year 2 0 01 or earlier; or ( D ) the new fuel efficient automobile is a category 3 truck and the eligible trade-in vehicle is a category 3 truck of model year of 2001 or earlier and is of similar si z e or larger than the new fuel efficient automobile as determined in a manner prescribed by the S ecretary . (2) $4, 500 VALUE .— T he voucher may be used to offset the purchase price or lease price of the new fuel efficient automobile by $4,500 if— ( A ) the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 10 miles per gallon higher than the combined fuel economy value of the eligible trade- in vehicle; (B) the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 5 miles per gallon higher than the com- bined fuel economy value of the eligible trade-in vehicle; or (C) the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 15 miles per gallon and the combined fuel economy value of such truck is at least 2 miles per gallon higher than the combined fuel economy value of the eligible trade- in vehicle and the eligible trade-in vehicle is a category 2 truck. (c) PROG RA M S P E CIF ICA T IO NS .— (1) L IMITATIONS.— (A) G ENERAL PERIO D OF ELIGI B ILIT Y .—A voucher issued under the Program shall be used only in connection with the purchase or q ualifying lease of new fuel efficient auto- mobiles that occur between J uly 1, 200 9 and N ovember 1, 2009. (B) NUMBER OF VOUC H ERS PER PERSON AND PER TRADE- IN VEHICLE.—Not more than 1 voucher may be issued for a single person and not more than 1 voucher may be issued for the j oint registered owners of a single eligible trade-in vehicle. (C) NO COMBINATION OF VOUCHERS.— O nly 1 voucher issued under the Program may be applied toward the pur- chase or qualifying lease of a single new fuel efficient automobile. (D) CAP ON FUNDS FOR CATEGORY 3 TRUC K S.—Not more than 7 .5 percent of the total funds made available for Vouchers.


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Page:United States Statutes at Large Volume 123.djvu/1931

 123STA T . 1 9 11 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 theProg r ams ha l l b e u se df or v ou c hers for the p urchase or q ual i f y i n g lease of category 3 truc k s .(E)COMBINAT ION W IT H OTH ER IN C ENTI V E SP ER - MITTE D . —T he availability or use of a F ederal ,S tate, or local incentive or a State-issued voucher for the purchase orleaseofane w fuel efficient automobile shall not limit the value or issuance of a voucher under the Program to any person otherwise eligible to receive such a voucher. (F) N O ADDITIONA LF EES.— A dealer participating in the program may not charge a person purchasing or leasing a new fuel efficient automobile any additional fees associ- ated with the use of a voucher under the Program. ( G )N U MBER AND AMOUNT.—The total number and value of vouchers issued under the Program may not e x ceed the amounts appropriated for such purpose. ( 2 ) D ISPOSITION OF ELI G IBLE TRADE-IN VEHICLES.— (A) I N GENERAL.—For each eligible trade-in vehicle surrendered to a dealer under the Program, the dealer shall certify to the Secretary, in such manner as the Sec- retary shall prescribe by rule, that the dealer— (i) has not and will not sell, lease, exchange, or otherwise dispose of the vehicle for use as an auto- mobile in the U nited States or in any other country and (ii) will transfer the vehicle (including the engine block), in such manner as the Secretary prescribes, to an entity that will ensure that the vehicle— (I) will be crushed or shredded within such period and in such manner as the Secretary pre- scribes; and (II) has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile in the United States or in any other country. ( B ) SAVINGS PROVISION.—Nothing in subparagraph (A) may be construed to preclude a person who is responsible for ensuring that the vehicle is crushed or shredded from— (i) selling any parts of the disposed vehicle other than the engine block and drive train (unless with respect to the drive train, the transmission, drive shaft, or rear end are sold as separate parts); or (ii) retaining the proceeds from such sale. (C) COORDINATION.—The Secretary shall coordinate with the Attorney General to ensure that the National M otor V ehicle Title Information System and other publicly accessible systems are appropriately updated on a timely basis to reflect the crushing or shredding of vehicles under this section and appropriate reclassification of the vehicles ’ titles. The commercial market shall also have electronic and commercial access to the vehicle identification numbers of vehicles that have been disposed of on a timely basis. (d) R EGULATIONS.—Notwithstanding the requirements of sec- tion 5 53 of title 5, United States Code, the Secretary shall promul- gate final regulations to implement the Program not later than 3 0 days after the date of the enactment of this Act. Such regulations shall— Deadlin e .C e rt i f i c ati o n. R e gu lation s .


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 123STA T . 1 9 12 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 (1)providef or am ea ns of re g is t ering dea l ers for parti c ipa - tion in t h e P rogram ( 2 ) esta b lish proced u res for the reimbursement of dealers participating in the Program to be made through electronic transfer of funds for the amount of the vouchers as soon as practicable but no longer than 1 0 da y s after the submission of information supporting the eligible transaction , as deemed appropriate by the S ecretary; ( 3 )re q uire the dealer to use the voucher in addition to any other rebate or discount advertised by the dealer or offered by the manufacturer for the ne w fuel efficient automobile and prohibit the dealer from using the voucher to offset any such other rebate or discount; ( 4 ) require dealers to disclose to the person trading in an eligible trade-in vehicle the best estimate of the scrappage value of such vehicle and to permit the dealer to retain $5 0 of any amounts paid to the dealer for scrappage of the auto- mobile as payment for any administrative costs to the dealer associated with participation in the Program; (5) consistent with subsection (c)(2), establish requirements and procedures for the disposal of eligible trade-in vehicles and provide such information as may be necessary to entities engaged in such disposal to ensure that such vehicles are disposed of in accordance with such requirements and proce- dures, including — ( A ) requirements for the removal and appropriate dis- position of refrigerants, antifree z e, lead products, mercury switches, and such other to x ic or hazardous vehicle compo- nents prior to the crushing or shredding of an eligible trade-in vehicle, in accordance with rules established by the Secretary in consultation with the Administrator of the E nvironmental Protection Agency, and in accordance with other applicable F ederal or State requirements; ( B ) a mechanism for dealers to certify to the Secretary that each eligible trade-in vehicle will be transferred to an entity that will ensure that the vehicle is disposed of, in accordance with such requirements and procedures, and to submit the vehicle identification numbers of the vehicles disposed of and the new fuel efficient automobile purchased with each voucher; ( C ) a mechanism for obtaining such other certifications as deemed necessary by the Secretary from entities engaged in vehicle disposal; and ( D ) a list of entities to which dealers may transfer eligible trade-in vehicles for disposal; and ( 6 ) provide for the enforcement of the penalties described in subsection (e) . (e) A NTI -F RAUD PR OV I S IONS.— (1) V IO L ATION.— I t shall be unlawful for any person to violate any provision under this section or any regulations issued pursuant to subsection (d) (other than by ma k ing a clerical error). (2) P E NALTIES.—Any person who commits a violation described in paragraph (1) shall be liable to the U nited States G overnment for a civil penalty of not more than $15,000 for each violation. T he Secretary shall have the authority to assess and compromise such penalties, and shall have the authority Certif i ca ti ons.D ea dl ine.


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Page:United States Statutes at Large Volume 123.djvu/1933

 123STA T . 1 9 13 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 torequi re f ro many entity t h ere c or ds and ins p ections necessary to enforce this pro g ram .I n determining the amount of the ci v i l penalty , the severity of the violation and the intent and history of the person committing the violation shall b eta k en into account. ( f ) I NFORMATI ON TO C ON SU M E RS AN DD EA L ERS. —N ot later than 30 days after the date of the enactment of this A ct, and promptly upon the update of any relevant information, the S ecretary, in consultation w ith the Administrator of the E nvironmental P rotec - tion Agency, shall make available on an Internet website and through other means determined by the Secretary information about the Program, including— ( 1 ) how to determine if a vehicle is an eligible trade- in vehicle ( 2 ) how to participate in the Program, including how to determine participating dealers; and (3) a comprehensive list, by make and model, of new fuel efficient automobiles meeting the requirements of the Program. O nce such information is available, the Secretary shall conduct a public awareness campaign to inform consumers about the Pro- gram and where to obtain additional information. (g) R E C ORD K EE P IN G AND REPORT.— (1) DATA B ASE.— T he Secretary shall maintain a database of the vehicle identification numbers of all new fuel efficient vehicles purchased or leased and all eligible trade-in vehicles disposed of under the Program. (2) REPORT ON EFFICAC Y OFT H E PROGRAM.—Not later than 6 0 days after the termination date described in subsection (c)(1)(A), the Secretary shall submit a report to the Committee on Energy and Commerce of the H ouse of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efficacy of the Program, including— (A) a description of Program results, including— (i) the total number and amount of vouchers issued for purchase or lease of new fuel efficient automobiles by manufacturer (including aggregate information con- cerning the make, model, model year) and category of automobile; (ii) aggregate information regarding the make, model, model year, and manufacturing location of vehicles traded in under the Program; and (iii) the location of sale or lease; ( B ) an estimate of the overall increase in fuel efficiency in terms of miles per gallon, total annual oil savings, and total annual greenhouse gas reductions, as a result of the Program; and (C) an estimate of the overall economic and employ- ment effects of the Program. (h) E X CLUSION OF V OUCHERS F ROM INCOME.— (1) FOR PURPOSES OF ALL FEDERAL AND STATE PROGRAMS.— A voucher issued under this program or any payment made for such a voucher pursuant to subsection (a)(3) shall not be regarded as income and shall not be regarded as a resource for the month of receipt of the voucher and the following 12 months, for purposes of determining the eligibility of the recipient of the voucher (or the recipient ’ s spouse or other family or household members) for benefits or assistance, or Public i nformat ion .De a d line. C on s ultation. W eb site.


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Page:United States Statutes at Large Volume 123.djvu/1934

 123STA T . 1 9 1 4PUBLIC LA W 111 – 32 —J U NE 24, 2 0 09 theamoun to r e x tent o fb enef i t s or assistan c e , un d er an yF ed - era l or S tate p ro g ram .(2) F ORPU RPO SE SO FTAX AT I O N . —Av oucher issued under the program or any payment made for such a voucher pursuant to subsection (a)( 3 ) shall not be considered as gross income of the purchaser of a vehicle for purposes of the I nternal R ev- enue C ode of 1986 . (i) D EFINITIONS.—As used in this section— (1) the term ‘ ‘passenger automobile ’ ’ means a passenger automobile, as defined in section 329 0 1(a)(18) of title 4 9, U nited States Code, that has a combined fuel economy value of at least 22 miles per gallon (2) the term ‘‘category 1 truc k ’’ means a nonpassenger automobile, as defined in section 32901(a)(1 7 ) of title 49, United States Code, that has a combined fuel economy value of at least 18 miles per gallon, except that such term does not include a category 2 truck; (3) the term ‘‘category 2 truck’’ means a large van or a large pickup, as categori z ed by the Secretary using the method used by the E nvironmental P rotection Agency and described in the report entitled ‘‘ L ight-Duty Automotive T ech- nology and Fuel Economy Trends 197 5 through 2008’’; (4) the term ‘‘category 3 truck’’ means a w ork truck, as defined in section 32901(a)(19) of title 49, United States Code; (5) the term ‘‘combined fuel economy value’’ means— (A) with respect to a new fuel efficient automobile, the number, expressed in miles per gallon, centered below the words ‘‘Combined Fuel Economy’’ on the label re q uired to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40, Code of Federal Regulations; ( B ) with respect to an eligible trade-in vehicle, the equivalent of the number described in subparagraph (A), and posted under the words ‘‘Estimated N ew EPA M P G ’’ and above the word ‘‘Combined’’ for vehicles of model year 1984 through 2007, or posted under the words ‘‘New EPA MPG’’ and above the word ‘‘Combined’’ for vehicles of model year 2008 or later on the fueleconomy.gov website of the Environmental Protection Agency for the make, model, and year of such vehicle; or (C) with respect to an eligible trade-in vehicle manufac- tured between model years 1978 through 1985, the equiva- lent of the number described in subparagraph (A) as deter- mined by the Secretary (and posted on the website of the National H ighway Traffic Safety Administration) using data maintained by the Environmental Protection Agency for the make, model, and year of such vehicle. (6) the term ‘‘dealer’’ means a person licensed by a State who engages in the sale of new automobiles to ultimate pur- chasers; (7) the term ‘‘eligible trade-in vehicle’’ means an automobile or a work truck (as such terms are defined in section 32901(a) of title 49, United States Code) that, at the time it is presented for trade-in under this section— (A) is in drivable condition; (B) has been continuously insured consistent with the applicable State law and registered to the same owner


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Page:United States Statutes at Large Volume 123.djvu/1935

 123STA T . 1 9 1 5PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 forape r i o d of n o tl e s st h an 1y ear i m mediately prior tos uc h trade - in as manufactured less than 25 years b efore the date of the trade-in; and ( D ) in the case of an automobile , has a combined fuel economy v alue of 1 8 miles per g allon or less; (8) the term ‘ ‘new fuel efficient automobile ’ ’ means an auto- mobile described in paragraph (1), (2), ( 3 ),or( 4 ) — ( A )thee q uitable or legal title of which has not been transferred to any person other than the ultimate pur- chaser; ( B ) that carries a manufacturer’s suggested retail price of $ 45, 0 00 or less; (C) that— (i) in the case of passenger automobiles, category 1 truc k s, or category 2 trucks, is certified to applicable standards under section 8 6. 1811 – 04 of title 40, Code of F ederal R egulations; or (ii) in the case of category 3 trucks, is certified to the applicable vehicle or engine standards under section 86.1816–08, 86–00 7 –11, or 86.008–10 of title 40, Code of Federal Regulations; and (D) that has the combined fuel economy value of at least— (i) 22 miles per gallon for a passenger automobile; (ii) 18 miles per gallon for a category 1 truck; or (iii) 15 miles per gallon for a category 2 truck; ( 9 ) the term ‘‘ P rogram’’ means the Consumer Assistance to Recycle and S ave Program established by this section; (10) the term ‘‘qualifying lease’’ means a lease of an auto- mobile for a period of not less than 5 years; (11) the term ‘‘scrappage value’’ means the amount received by the dealer for a vehicle upon transferring title of such vehicle to the person responsible for ensuring the dismantling and destroying of the vehicle; (12) the term ‘‘Secretary’’ means the Secretary of T ranspor- tation acting through the N ational H ighway Traffic Safety Administration; (13) the term ‘‘ultimate purchaser’’ means, with respect to any new automobile, the first person who in good faith purchases such automobile for purposes other than resale; (14) the term ‘‘vehicle identification number’’ means the 17 character number used by the automobile industry to iden- tify individual automobiles; and (15) the term ‘‘voucher’’ means an electronic transfer of funds to a dealer based on an eligible transaction under this program. ( j )A P P RO PR IAT IO N .—There is hereby appropriated to the Sec- retary of Transportation $1,000,000,000, of which up to $50,000,000 is available for administration, to remain available until e x pended to carry out this section.
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Page:United States Statutes at Large Volume 123.djvu/1936

 123STA T . 1 9 1 6PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 TI T LEX I VO T H E RMA TTER S I N TERNATIONAL ASSISTAN C E P RO G RAMS INTERNATIONAL MONETAR Y PROGRAMS UNITED ST A TE SQUO TA , INTE R NATIONA L MONETAR YF UND F orani n c r e a s ein th e Unite d States qu ota in the Internationa l Monetar y Fund, the dollar equi v alent o f4 , 973, 10 0,000 S p ecial D ra w in g Rights, to re m ain availa b le until e x pended
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d, That the cost of the amounts provided herein shall be determined as provided under the Federal Credit Reform Act of 1990 (2 U . S.C. 6 61 et. seq. )
 * Provided

fu r th er, That for purposes of section 5 02(5) of the Federal Credit Reform Act of 1990, the discount rate in section 502(5)(E) shall be ad j usted for mar k et risks: Provided fur - ther, That section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply. LOANS TO INTERNATIONAL MONETARY FUND For loans to the International Monetary Fund under section 17(a)(2) and (b)(2) of the B retton W oods Agreements Act (Public Law 8 7 – 490, 22 U.S.C. 286e–2), as amended by this Act pursuant to the New Arrangements to Borrow, the dollar equivalent of up to 75,000,000,000 Special Drawing Rights, to remain available until expended, in addition to any amounts previously appropriated under section 17 of such Act: Provided, That if the United States agrees to an expansion of its credit arrangement in an amount less than the dollar equivalent of 75,000,000,000 Special Drawing Rights, any amount over the United States ’ agreement shall not be available until further appropriated: Provided further, That the cost of the amounts provided herein shall be determined as provided under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided further, That for purposes of section 502(5) of the Federal Credit Reform Act of 1990, the discount rate in section 502(5)(E) shall be adjusted for market risks: Provided further, That section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply. GENERAL PROVISIONS — INTERNATIONAL ASSISTANCE PROGRAMS SE C . 1401. Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e–2) is amended— (1) in subsection (a)— (A) by inserting ‘ ‘(1)’’ before ‘‘In order to’’ and (B) by adding at the end the following: ‘‘(2) In order to carry out the purposes of a one - time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of J anuary 27, 1997 referred to in paragraph (1) above, and to make other amendments to the New Arrangements to Borrow to achieve an expanded and more flexible New Arrangements to Borrow as contemplated by paragraph 17 of the G–20 Loans.Rep o rt s.


text: Dictionary of National Biography, 1885-1900/Moor, James


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Page:United States Statutes at Large Volume 123.djvu/1937

 123STA T . 1 9 1 7PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 Lead e rs’St ate m e n t ofAp r il2, 2 0 0 9 in London, t h eSe c retar y of the T reas u ry is authori z ed to instruct the U nited States Ex ecuti v e D irector to consent to such amendments not w ith - standin g su b section ( d ) of this section, and to ma k e loans, in an amount not to exceed the dollar e q uivalent of 75 ,000,000,000 Special Drawing R ights, in addition to any amounts previously authorized under this section and limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall report to C ongress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the F und has fully explored other means of funding, to the Fund under article VI I, section 1 (i), of the Articles of Agreement of the Fund
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d , That prior to instructing the United States Executive Director to provide consent to such amendments, the Secretary of the Treasury shall consult with the appropriate congressional committees on the amendments to be made to the N ew Arrangements to B orrow, including guidelines and criteria governing the use of its resources the countries that have made commitments to contribute to the New Arrange- ments to Borrow and the amount of such commitments; and the steps taken by the United States to expand the number of countries so the United States share of the expanded New Arrangements to Borrow is representative of its share as of the date of enactment of this Act: Provided fu r th er, That any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States . ’’. and (2) in subsection (b) — (A) by inserting ‘ ‘(1)’’ before ‘‘For the purpose of’’; (B) by inserting ‘‘subsection (a)(1) of’’ after ‘‘pursuant to’’; and (C) by adding at the end the following: ‘‘(2) For the purpose of making loans to the International M onetary Fund pursuant to subsection (a)(2) of this section, there is hereby authorized to be appropriated not to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding, to remain available until expended to meet calls by the Fund. Any payments made to the United States by the Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the Fund.’’. S EC .1 4 02. The Bretton W oods Agreements Act (22 U.S.C. 2 86 et seq.) is amended by adding at the end the following: ‘ ‘ SEC.64 . A CCE PT A N CE OF A M EN D MENTS TO T H EA R T I C L ESOFA G REE - MENT OF THE F U ND. ‘‘The United States G overnor of the Fund may agree to and accept the amendments to the Articles of Agreement of the Fund as proposed in the resolutions numbered 6 3– 2 and 63–3 of the 2 2 USC 2 86p p .Loans . Re po rt s. Cons ul tat i on. G ui d elines.


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 123STA T . 1 9 1 8PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 Board o fG o ve r n or s of th e Fu nd w h ic hwerea p proved by such Board on A pri l28, 2 0 08 and M ay 5, 2008, respectively .‘ ‘ SEC.65 . QUOTAIN C R EASE. ‘ ‘ ( a )IN G E NE RAL . —T he U nited S tates Governor of the Fund m ay consent to an increase in the q uota of the United States in the Fund equivalent to 4 , 973, 1 00,000 Special D rawin gR ights. ‘‘(b) S UBJ E CT T O A P PROPR I ATION S .—The authority provided by subsection (a) shall be effective only to such e x tent or in such amounts as are provided in advance in appropriations Acts. ‘‘SEC. 66. A P PRO V A L TOSELLALI M ITE D AMOUNT O F T H E FUND ’ S G OLD. ‘‘(a) The Secretary of the Treasury is authori z ed to instruct the United States E xecutive Director of the Fund to vote to approve the sale of up to 12,9 6 5,649 ounces of the Fund ’ s gold acquired since the second Amendment to the Fund’s Articles of Agreement, only if such sales are consistent with the guidelines agreed to by the Executive Board of the Fund described in the Report of the Managing Director to the International Monetary and Financial C ommittee on a N ew Income and Expenditure Framewor k for the International Monetary Fund (April 9, 2008) to prevent disruption to the world gold market
 * Provide

d , That at least 30 days prior to any such vote, the Secretary shall consult with the appropriate congressional committees regarding the use of proceeds from the sale of such gold: Provided fu r th er, That the Secretary of the Treasury shall seek to ensure that: ‘‘(1) the Fund will provide support to low - income countries that are eligible for the P overty Reduction and Growth Facility or other low-income lending from the Fund by making available Fund resources of not less than $ 4,000,000,000 ‘‘(2) such Fund resources referenced above will be used to leverage additional support by a significant multiple to pro- vide loans with substantial concessionality and debt service payment relief and / or grants, as appropriate to a country’s circumstances: ‘‘(3) support provided through forgiveness of interest on concessional loans will be provided for not less than two years; and ‘‘(4) the support provided to low-income countries occurs within six years, a substantial amount of which shall occur within the initial two years. ‘‘(b) In addition to agreeing to and accepting the amendments referred to in section 64 of this Act relating to the use of proceeds from the sale of such gold, the United States Governor is authorized, consistent with subsection (a), to take such actions as may be necessary, including those referred to in section 5(e) of this Act, to also use such proceeds for the purpose of assisting low-income countries. ‘‘SEC. 6 7 . ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF AGREE - MENT OF THE FUND. ‘‘The United States Governor of the Fund may agree to and accept the amendment to the Articles of Agreement of the Fund as proposed in the resolution numbered 54 – 4 of the Board of Gov- ernors of the Fund which was approved by such Board on O ctober 22, 1997: Provided, That not more than one year after the accept- ance of such amendments to the Fund’s Articles of Agreement, Deadlin e .R e ports . 2 2 USC 2 86 ss. Deadline. Cons u ltation. 22 USC 286rr. 22 USC 286 q q.


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 123STA T . 1 9 19 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 theS e cr et a r yof the T rea su ry sha l lsu bmi tare p ort to the appro - priate co ng ressional committees analy z ing Special D ra w ing R ights , to inclu d e a discussion of how those countries that significantly use or ac q uire Special Drawing Rights in accordance with A rticle XI X, Section 2( c ) , use or acquire them the e x tent to which countries experiencing balance of payment difficulties exchange or use their Special Drawing Rights to acquire reser v e currencies; and the manner in which those reserve currencies are acquired when uti- lizing Special Drawing Rights .’ ’. S EC. 1403 . (a) N ot later than 30 days after enactment of this Act, the Secretary of the Treasury, in consultation with the E xecu- tive Director of the W orld B an k and the Executive Board of the International M onetary F und (the Fund), shall submit a report to the appropriate congressional committees detailing the steps taken to coordinate the activities of the World Bank and the Fund to avoid duplication of missions and programs, and steps taken by the Department of the Treasury and the Fund to increase the oversight and accountability of the Fund’s activities. (b) For the purposes of this title, ‘ ‘appropriate congressional committees’’ means the C ommittees on Appropriations, Banking, H ousing, and U rban Affairs, and Foreign Relations of the Senate, and the Committees on Appropriations, Foreign Affairs, and Finan- cial Services of the House of Representatives. (c) In the next report to Congress on international economic and exchange rate policies, the Secretary of the Treasury shall (1) report on ways in which the Fund’s surveillance function under Article I V could be enhanced and made more effective in terms of avoiding currency manipulation; (2) report on the feasibility and usefulness of publishing the Fund’s internal calculations of indicative exchange rates; and (3) provide recommendations on the steps that the Fund can take to promote global financial sta- bility and conduct effective multilateral surveillance. (d) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to oppose any loan, pro j ect, agreement, memorandum, instrument, plan, or other pro- gram of the Fund to a Heavily Indebted P oor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care or edu- cation; and to promote government spending on health care, edu- cation, food aid, or other critical safety net programs in all of the Fund’s activities with respect to Heavily Indebted Poor Coun- tries. SEC. 1404. Title XVI of the International Financial Institutions Act (22 U.S.C. 2 6 2p – 262p– 8 ) is amended by adding at the end the following: ‘‘The Secretary of the Treasury shall instruct the United States Executive Director at each of the International Finan- cial Institutions (as defined in section 1 7 01(c)(2) of this Act) to use the voice and vote of the United States to oppose the provision of loans or other use of the funds of the respective institution to any country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Adminis- tration Act of 1 9 79, section 620A of the Foreign Assistance Act of 1961, or section 40 of the Arms Export Control Act, to be a government that has repeatedly provided support for acts of international terrorism.’’. 2 2 USC 2 6 2 p–1 1 .Recom me nda-ti on s . D e f inition. Dead l ine. Cons u ltation. Repo r ts.


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 123STA T . 1 9 2 0PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 GEN E RALP R OVIS IONS —TH ISA C T AV A IL A B ILI TYOF F UNDS S EC.14 1 0 1.N opart o f a ny appropr i ation c ontain ed int h i s Act sha l lre m ain a v aila b le for obli g ation beyond the c u rrent fiscal year unless e x pressly so provided herein. SEC. 1410 2 . ( a ) OVE R SEAS D E P LOY M ENTS DESI G NATIONS.— Except as provided in subsections (b) and (c) , each amount in this Act is designated as being for overseas deployments and other activities pursuant to sections 401(c)(4) and 42 3 (a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (b) EMERGENCY DESIGNATIONS.—Each amount in titles I, II, IV, V, VII, VIII, I X, XII, XIII, XIV, and VI except for amounts under the heading ‘ ‘Coast Guard Operating Expenses ’ ’ is designated as necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) Subsection (a) shall not apply to the amounts rescinded in section 30 9 for ‘‘Operation and M aintenance, Marine Corps’’, ‘‘Operation and Maintenance, Air F orce’’, and ‘‘Operation and Maintenance, Army Reserve’’. SEC. 14103. (a) None of the funds made available in this or any prior Act may be used to release an individual w ho is detained as of the date of enactment of this Act, at Naval Station, Guanta - namo B ay, Cuba, into the continental U nited States, Alas k a, Hawaii, or the District of Columbia. (b) None of the funds made available in this or any prior Act may be used to transfer an individual who is detained as of the date of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, for the purpose of detention in the continental United States, Alaska, Hawaii, or the District of Columbia, except as pro- vided in subsection (c). (c) None of the funds made available in this or any prior Act may be used to transfer an individual who is detained, as of the date of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, for the purposes of prosecuting such individual, or detaining such individual during legal proceedings, until 4 5 days after the plan detailed in subsection (d) is received. (d) The President shall submit to the Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of the date of enactment of this Act. Such plan shall include, at a minimum, each of the following for each such individual (1) The findings of an analysis regarding any risk to the national security of the United States that is posed by the transfer of the individual. (2) The costs associated with transferring the individual in q uestion. (3) The legal rationale and associated court demands for transfer. (4) A plan for mitigation of any risk described in paragraph (1). (5) A copy of a notification to the Governor of the State to which the individual will be transferred or to the Mayor Notif i ca tio n.Cer tification. D ea dl ine. P lan s . Deadline. Detainees. C ub a. President. Classified infor m ation.


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 123STA T . 1 9 21 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 2346( S. 105 4 ): HO U SE RE P ORTS: Nos . 111 – 105 ( C o m m.o n A p p r opr iat ions) an d 111–151 (Comm. o f Conf e ren c e). SENATE REPORTS: No. 111–20 (Comm. on Appropriations) accompan y in g S. 1054. CONGRESSIONAL RECOR D, Vo l . 155 (200 9 ): M ay 14, considered and passed Ho u se. May 19–21, considered and passed Senate, amended. J une 16, House agreed to conference report. June 1 7 ,1 8, Senate considered and agreed to conference report. oftheDis t r i c tof C o lumb i a ifthei nd i v idual w ill be transferred to the District of Columbia with a certification b y the A ttorney G eneral of the U nited S tates in classified form at least 14 days p rior to such transfer ( to g ether with supporting docu - mentation and j ustification ) that the individual poses little or no security ris k to the United States . (e) N one of the funds made available in this or any prior Act may be used to transfer or release an individual detained at Naval Station , Guantanamo B ay, Cuba, as of the date of enact- ment of this Act, to the country of such individual ’ s nationality or last habitual residence or to any other country other than the United States, unless the P resident submits to the Congress, in classified form 1 5 days prior to such transfer, the following informa- tion (1) T he name of any individual to be transferred or released and the country to which such individual is to be transferred or released. ( 2 ) An assessment of any risk to the national security of the United States or its citi z ens, including members of the Armed Services of the United States, that is posed by such transfer or release and the actions taken to mitigate such risk. ( 3 ) The terms of any agreement with another country for acceptance of such individual, including the amount of any financial assistance related to such agreement. (f) Prior to the termination of detention operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit to the Congress a report in classified form describing the disposition or legal status of each individual detained at the facility as of the date of enactment of this Act. This Act may be cited as the ‘ ‘Supplemental Appropriations Act, 2 0 0 9 ’’. Approved J une 24, 2009. Reports.D e adlin e.


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 123STA T . 1 9 22 PUBLIC LA W 111 – 33 —J U NE 2 6, 2 0 09 PublicLaw1 11 –3 3 111 thCongres s J oint R esolution Toh o n o rt h eac h i e v e m ent s an d contri bu tions o fN ative A mericans to the U nited S tates , and for other p urposes .Resolv e dbyth e S e na te and H o u seo f Re pr esentat i ves of the U nited States of Am eri c ain C on g ress assembled ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ N ati v e Ame r ica nH erita g e D ay Act of20 0 9’ ’ . SEC. 2 . F IN D IN G S. C ongress finds that —(1) Native Americans are the descendants of the aborigina l, indigeno u s, native p eople w ho were the original inhabitants of and who governed the lands that now constitute the U nited S tates (2) Native Americans have volunteered to serve in the United States Armed F orces and have served with valor in all of the Nation’s military actions from the R evolutionary W ar through the present day, and in most of those actions, more Native Americans per capita served in the Armed Forces than any other group of Americans; ( 3 ) Native American tribal governments included the funda - mental principles of freedom of speech and separation of govern- mental powers; ( 4 ) Native Americans have made distinct and significant contributions to the United States and the rest of the world in many fields, including agriculture, medicine, music, lan- guage, and art, and Native Americans have distinguished them- selves as inventors, entrepreneurs, spiritual leaders, and scholars; ( 5 ) Native Americans should be recogni z ed for their con- tributions to the United States as local and national leaders, artists, athletes, and scholars; ( 6 ) nationwide recognition of the contributions that Native Americans have made to the fabric of American society will afford an opportunity for all Americans to demonstrate their respect and admiration of Native Americans for their important contributions to the political, cultural, and economic life of the United States; ( 7 ) nationwide recognition of the contributions that Native Americans have made to the Nation will encourage self-esteem, pride, and self-awareness in Native Americans of all ages; ( 8 ) designation of the Friday following Than k sgiving of each year as Native American Heritage Day will underscore NativeAm e r i c a nH erita g e D a y Act of20 0 9.Ju ne2 6, 2009 [ H.J. R e s. 4 0 ]


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 123STA T . 1 9 23 PUBLIC LA W 111 – 33 —J U NE 2 6, 2 0 09 LEGIS L AT I V E H IST ORY— H .J .R es. 40:C O N GRESSIONAL RECOR D, V ol . 15 5 (2 00 9) J un e2, c ons id e r ed a nd p assed House. June 9, considered and passed Sena t e. thegov e rnm ent - to-government re la t i on s hi pb et w een the U nite dS tates and N ative A meri c an governments designation o f Native American H eritage D a y will enco u rage public elementary and secondary schools in the United States to enhance understanding of Native Americans by providing curricula and classroom instruction focusing on the achievements and contributions of Native Americans to the Nation; and ( 10 ) the F riday immediately succeeding T han k sgiving Day of each year would be an appropriate day to designate as Native American Heritage Day .SEC.3 . HON O RI N G N AT I V EA M ERICAN HERITAGE IN THE U NITE D STATES. C ongress encourages the people of the United States , as well as Federal, State, and local governments, and interested groups and organi z ations to honor Native Americans, with activities relating to — (1) appropriate programs, ceremonies, and activities to observe Native American Heritage Day; ( 2 ) the historical status of Native American tribal govern- ments as well as the present day status of Native Americans; ( 3 ) the cultures, traditions, and languages of Native Ameri- cans; and ( 4 ) the rich Native American cultural legacy that all Ameri- cans en j oy today. Approved J une 2 6, 2009.
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 123STA T . 1 9 2 4PUBLIC LA W 111 – 34 —J U NE 3 0, 2009 LEGIS L AT I V E H IST ORY— H . R. 813: HO U SE RE P ORTS: No . 111 –27(C o m m.o n T ra n sp or t at i on an d In f rastr uc tur e). CONGRESSIONAL RECOR D, Vo l .1 5 5(2 0 0 9 ): M ar. 10, considered and passed House. J une 17, considered and passed Senate. PublicLaw1 11 –34 111 thCongres s A n Act To desi g nate t h e F ederal b uilding and United States courthouse located at 30 6 East Main Street in Eli z abeth Cit y , North Carolina, as the ‘ ‘J. Herbert W . Small Federal B uilding and United States Courthouse ’ ’. 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.D ESI G N A TION. TheF e d e ralbui ldi ng and U ni t ed S tate sco urthouse located at 306E ast M ain Street in Eli z abeth C it y,N orth Carolina, shall be k no w n and designated as the ‘ ‘ J.H erbert W . S m all Federal B uilding and United States Courthouse ’ ’. SEC. 2 . R E F ERENCES. A ny re f erence in a law, ma p, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the ‘‘J. Herbert W. Small Federal Building and United States Courthouse’’. Appro v ed June 30, 2 00 9 . June30,2 00 9[H.R. 81 3 ]


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 123STA T . 1 9 2 5PUBLIC LA W 111 – 35 —J U NE 3 0, 2009 LEGIS L AT I V E H IST ORY— H . R. 837: HO U SE RE P ORTS: No . 1 11 –2 8 (C o m m.o n T ra n sp or t at i on an d In f rastr uc tur e). CONGRESSIONAL RECOR D, Vo l .1 5 5(2 0 0 9 ): M ar. 10, considered and passed House. J une 17, considered and passed Senate. PublicLaw1 11 –35 111 thCongres s A n Act To desi g nate t h e F ederal b uilding located at 799 United Nations Pla z ainNe w Yor k , New York, as the ‘ ‘Ronald H. B rown United States Mission to the United Nations Building ’ ’. 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.D ESI G N A TION. TheF e d e ralbui ldi ng l oc a t ed at 79 9 U nited N ation sP la z ain Ne wY or k, New York, shall be known and designated as the ‘ ‘ R onald H.B rown United S tates M ission to the United Nations Building ’ ’. SEC. 2 . R E F ERENCES. A n y re f erence in a law, m a p , regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the ‘‘Ronald H. Brown United States Mission to the United Nations Building’’. Appro v ed J une 30, 2 009. June30,2 00 9[H.R. 8 3 7]


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 123STA T . 1 9 2 6PUBLIC LA W 111 – 36 —J U NE 3 0, 2009 LEGIS L AT I V E H IST ORY— H . R. 234 4 HO U SE RE P ORTS: No . 1 11 – 13 9(C o m m.o ntheJudic i ary) . CONGRESSIONAL RECOR D, Vo l .1 5 5(2 0 09): June 9, con s idered and p assed House. June 1 7, considered and passed Senate. PublicLaw1 11 –36 111 thCongres s A n Act To amend section 114 o f title 17, United States Code, to pro v ide for a g reements for the reproduction and performance of sound recordings b y w ebcasters. 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 ‘ ‘ W ebcaste rS ett l eme n t Act of20 0 9’ ’ . SEC. 2 . AU THORI Z ATION O F A G REE M ENTS. Section 1 1 4( f ) ( 5 )oftitle1 7,U nited States C ode, is amended — (1)ins u b p ara g raph ( D ), by stri k ing ‘‘200 8 ’’ and inserting ‘‘2008, the Webcaster Settlement Act of 2009,’’ (2) in subparagraph ( E )(iii), by striking ‘‘to make eligible nonsubscription transmissions and ephemeral recordings’’; and ( 3 ) in subparagraph ( F ), by striking ‘‘February 15, 2009’’ and inserting ‘‘at 11 59 p.m. Eastern time on the 30th day after the date of the enactment of the Webcaster Settlement Act of 2009’’. Appro v ed J une 30, 2009. 17USC 1 0 1 note.W e bcas te r Sett l e m ent A ct o f2 00 9 . Ju ne 3 0, 2009 [H . R .23 4 4 ]


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 123STA T . 1 9 2 7PUBLIC LA W 111 – 37 —J U NE 3 0, 2009 PublicLaw1 11 –37 111 thCongres s A n Act Toamendti t l e 38,U nited S tate sC ode, to pr o v ide f oranin c rease, effective D ecem b er 1, 20 0 9 , int h e rates of compensation for veterans w ith service - connected disabil- ities and the rates of dependenc y and indemnity compensation for the s u rvivors of certain disabled veterans, to codify increases in the rates of such compensation that were effective as of December 1, 2008, 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 ‘ ‘ V ete r a n s ’Co m p ensation Cost - o f - L i v in g Ad ju stment Act of 20 0 9 ’’ . SEC. 2 . INCRE A SE IN RATES O FD ISA B ILIT Y CO MP ENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. ( a )RATE A DJUS T M E N T. —E ffective on D ecember 1, 2009, the S ecretary of Veterans Affairs sha l l increase, in accordance w ith subsection (c), the dollar amounts in effect on N ovember 3 0, 2009, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) AM O UNTS TO B E I N CR EASED.—The dollar amounts to be increased pursuant to subsection (a) are the following (1) W ART I ME DISA B I L IT Y COM P ENSATION.—Each of the dollar amounts under section 111 4 of title 3 8, U nited States Code. (2) ADDITIONAL COMPENSATION F OR DEPENDENTS.—Each of the dollar amounts under section 111 5 (1) of such title. (3) CLOT H IN G ALLO W ANCE.—The dollar amount under sec- tion 11 6 2 of such title. (4) DEPENDENCY AND INDEMNITY COMPENSATION TO SUR- V IVING SPOUSE.—Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) DEPENDENCY AND INDEMNITY COMPENSATION TO CHIL- DREN.—Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) DETERMINATION OF INCREASE.— (1) P ERCENTAGE.—E x cept as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et se q .) are increased effective December 1, 2009, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). 38USC1 11 4note.V ete ra n s’ Co mp ensat i on Cost - o f - L i v in gAdju stment A c t of 20 0 9 . 38 USC 101 note. J une 30 , 2009 [ S. 40 7]


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 123STA T . 1 9 2 8PUBLIC LA W 111 – 3 7—J U NE 3 0, 2009 (2)ROUNDI N G.—Eachdol la r a m o unti ncr e a s ed under p ara -g raph ( 1 ) , i f not a w hole dollar amount, shall b e rounded to the ne x t lower whole dollar amount. (d) SPEC I AL RULE.— T he Secretar y of V eterans A ffairs may ad j ust administrati v ely, consistent with the increases made under subsection (a), the rates of disability compensation payable to per- sons under section 1 0 of P ublic L aw 85– 85 7 (72 Stat. 12 63 ) who have not received compensation under chapter 11 of title 38, U nited States C ode. (e) PU B LICA T ION O F AD J U S TED RATES.—The Secretary of Vet- erans Affairs shall publish in the F ederal Register the amounts specified in subsection (b), as increased under subsection (a), not later than the date on which the matters specified in section 215(i)(2)( D ) of the Social Security Act ( 4 2 U.S.C. 415(i)(2)(D)) are re q uired to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2010. SEC.3 . C ODIF IC AT IO N OF 20 0 8 COST - OF- L I V IN G AD JU ST M ENT IN R ATES OF DISA B ILIT Y COM P ENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) VETE R ANS ’ DISABILIT Y CO M PENSATION.—Section 1114 of title 38, United States Code, is amended— (1) in subsection (a), by stri k ing ‘ ‘ $ 117’’ and inserting ‘‘$123’’ (2) in subsection (b), by striking ‘‘$230’’ and inserting ‘‘$243’’; (3) in subsection (c), by striking ‘‘$356’’ and inserting ‘‘$376’’; (4) in subsection (d), by striking ‘‘$512’’ and inserting ‘‘$541’’; (5) in subsection (e), by striking ‘‘$728’’ and inserting ‘‘$770’’; (6) in subsection (f), by striking ‘‘$ 9 21’’ and inserting ‘‘$974’’; (7) in subsection (g), by striking ‘‘$1,161’’ and inserting ‘‘$1,228’’; (8) in subsection (h), by striking ‘‘$1,349’’ and inserting ‘‘$1,427’’; (9) in subsection (i), by striking ‘‘$1,517’’ and inserting ‘‘$1,604’’; (10) in subsection (j), by striking ‘‘$2,527’’ and inserting ‘‘$2,673’’; (11) in subsection (k)— (A) by striking ‘‘$91’’ both places it appears and inserting ‘‘$96’’; and ( B ) by striking ‘‘$3,145’’ and ‘‘$4,412’’ and inserting ‘‘$3,327’’ and ‘‘$4,667’’, respectively; (12) in subsection (l), by striking ‘‘$3,145’’ and inserting ‘‘$3,327’’; (13) in subsection (m), by striking ‘‘$3,470’’ and inserting ‘‘$3,671’’; (14) in subsection (n), by striking ‘‘$3,948’’ and inserting ‘‘$4,176’’; (15) in subsections (o) and (p), by striking ‘‘$4,412’’ each place it appears and inserting ‘‘$4,667’’; (16) in subsection (r), by striking ‘‘$1,893’’ and ‘‘$2,820’’ and inserting ‘‘$2,002’’ and ‘‘$2,983’’, respectively; and Fed e ralR e gist er ,pub li c ati on.38USC1 11 4 note. 38 USC 1114 note.


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 123STA T . 1 9 29 PUBLIC LA W 111 – 3 7—J U NE 3 0, 2009 (17)insub s ect i o n (s) , b y st r i k in g‘ ‘ $2, 8 2 9’ ’ a n d inserting ‘‘$2,99 3 ’’ . (b) AD D IT I ONALC O MPE N S ATION F O RD EPENDENTS. —S ection 111 5 (1) o f suc h tit l eisa m ended— (1) in sub p aragraph (A), by striking ‘‘$1 4 2’’ and inserting ‘‘$15 0 ’’ (2) in subparagraph ( B ), by striking ‘‘$245’’ and ‘‘$71’’ and inserting ‘‘$259’’ and ‘‘$75’’, respecti v ely; (3) in subparagraph (C), by striking ‘‘$9 6 ’’ and ‘‘$71’’ and inserting ‘‘$101’’ and ‘‘$75’’, respectively; (4) in subparagraph (D), by striking ‘‘$114’’ and inserting ‘‘$120’’; (5) in subparagraph ( E ), by striking ‘‘$271’’ and inserting ‘‘$286’’; and (6) in subparagraph ( F ), by striking ‘‘$227’’ and inserting ‘‘$240’’. (c) CLOT H IN G ALLO W AN C E FOR CERTAIN DISA B LED V ETERANS.— Section 1162 of such title is amended by striking ‘‘$677’’ and inserting ‘‘$716’’. (d) DEPENDENC Y AND I NDEMNITY COMPENSATION FOR S U R V IVING SPOUSES.— (1) N EW LAW DIC.—Section 1311(a) of such title is amended— (A) in paragraph (1), by striking ‘‘$1,091’’ and inserting ‘‘$1,154’’; and (B) in paragraph (2), by striking ‘‘$233’’ and inserting ‘‘$246’’. (2) O LD LAW DIC.— T he table in paragraph (3) of such section is amended to read as follo w s ‘‘ P ay grade M onthly rate Pay grade Monthly rate E–1. ..................... $ 1, 1 54W –4 ..................... $1, 380 E– 2 ...................... $1,154 O –1 ...................... $1,21 9 E–3 ...................... $1,154 O–2 ...................... $1,2 6 0 E–4 ...................... $1,154 O–3 ...................... $1,34 7 E–5 ...................... $1,154 O–4 ...................... $1,427 E–6 ...................... $1,154 O–5 ...................... $1,571 E–7 ...................... $1,194 O–6 ...................... $1,771 E–8 ...................... $1,260 O–7 ...................... $1,912 E–9 ...................... $1,314 1 O–8 ...................... $2,100 W–1 ..................... $1,219 O–9 ...................... $2,246 W–2 ..................... $1,267 O–10 .................... $2,463 2 W–3 ..................... $1,305 1Ifthev ete rans erve d as ser g eant m a jo rofthe A rm y, sen i or en l isted advisor of the N avy, c hief master sergeant of the Air F orce, sergeant major of the M arine C or p s, or master chief petty officer of the Coast Gu ard, at the applica b le time des - ignated by section 1302 of this title, the surviving spouse ’ s rate shall be $ 1, 4 1 9.2 If the veteran served as Chairman or V ice-Chairman of the J oint Chiefs of S taff, Chief of Staff of the Army, Chief of Naval O perations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2, 6 43.’’. (3) ADDITIONAL DIC FOR CHILDREN OR DISABILITY.—Section 1311 of such title is amended—


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 123STA T . 1 9 3 0PUBLIC LA W 111 – 3 7—J U NE 30, 2009 (A)insub s ect i o n (b) , b y st r i k in g‘ ‘ $271’ ’ a n d inserting ‘‘$2 86 ’’ ( B ) in subsection (c), by striking ‘‘$271’’ and inserting ‘‘$286’’; and ( C ) in subsection (d), by striking ‘‘$128’’ and inserting ‘‘$1 35 ’’ . (e) DEP E ND EN CYA ND I NDE M N IT YC O MPEN S ATION F O R C H I L- DREN. — (1) DIC W HENNOS U R V IVIN G SPOUSE.— S ection 1313(a) o f suc h tit l eisa m ended— (A) in p aragraph (1), by striking ‘‘$ 4 62’’ and inserting ‘‘$488’’; (B) in paragraph (2), by striking ‘‘$663’’ and inserting ‘‘$7 0 1’’; (C) in paragraph (3), by striking ‘‘$865’’ and inserting ‘‘$ 9 15’’; and (D) in paragraph (4), by striking ‘‘$865’’ and ‘‘$165’’ and inserting ‘‘$915’’ and ‘‘$174’’, respecti v ely. (2) SUPPLEMENTAL DIC FOR CERTAIN CHILDREN.—Section 1314 of such title is amended— (A) in subsection (a), by striking ‘‘$271’’ and inserting ‘‘$286’’; (B) in subsection (b), by striking ‘‘$462’’ and inserting ‘‘$488’’; and (C) in subsection (c), by striking ‘‘$230’’ and inserting ‘‘$243’’. (f) DEPENDENCY AND INDEMNITY COMPENSATION P AYA B LE TO PARENTS.—Section 1315 is amended— (1) in subsection (b)— (A) in paragraph (1), by striking ‘‘$163’’ and inserting ‘‘$569’’; and (B) in paragraph (3), by striking ‘‘$4,038’’ and inserting ‘‘$13,456’’; (2) in subsection (c)— (A) in paragraph (1), by striking ‘‘$115’’ and inserting ‘‘$412’’; and (B) in paragraph (3), by striking ‘‘$4,038’’ and inserting ‘‘$13,456’’; (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘$109’’ and inserting ‘‘$387’’; and (B) in paragraph (3), by striking ‘‘$5,430’’ and inserting ‘‘$18,087’’; and (4) in subsection (g), by striking ‘‘$85’’ and inserting ‘‘$308’’.


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 123STA T . 1 9 31 PUBLIC LA W 111 – 3 7—J U NE 3 0, 2009 LEGIS L AT I V E H IST ORY— S .407( H.R. 15 1 3): HO U SE RE P ORTS: No . 111 – 5 6 ( C o m m.o n V et e ra n s’ A f fa i rs) a c com p an y in g H.R. 1513. SENATE REPORTS: No. 111– 2 4 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECOR D, Vo l . 155 (200 9 ): Ju ne 10, consi d ered and passed Senate. June 23, considered and passed House. (g)EF F ECTIV E DA TE .—Theam e nd men ts made by th i sse c ti o n sha l lta k ee f fect on Decembe r1,20 0 8 . Ap pro v ed Ju ne 3 0, 200 9 . 38USC1 11 4note.


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 123STA T . 1 9 32 PUBLIC LA W 111 – 3 8—J U NE 3 0, 2009 PublicLaw1 11 –38 111 thCongres s A n Act Topr o videa ddi t io n a l per s onnel a u t h orities f or the S pe c ial I nspector G eneral for A f g hanistan R econstruction .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.AD DITIONA LP E R SONNEL A U T H ORITIES F OR THE SPECIAL INSPECTOR G ENERAL FOR AFGHANISTAN RECONSTRUCTION. Section12 2 9(h) o f the Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 2 0 0 8 ( P u b lic L a w 110 – 181 122 Stat .3 81)isa m en d ed b y stri k in gp aragraph (1) and inserting the following

‘(1) P ERSON NE L . — ‘‘(A) I N G ENER A L.— T he Inspector G eneral may select , appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, sub j ect to the pro v isions of title 5, U nited States C ode, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and Gen - eral Schedule pay rates. ‘‘( B )A D D IT IONAL A U T H ORITIES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the Inspector General may e x ercise the authorities of sub- sections (b) through (i) of section 31 6 1 of title 5, United States Code (without regard to subsection (a) of that section). ‘‘(ii) PERIODS O F A P POINT M ENTS.—In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph— ‘‘(I) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and ‘‘(II) no period of appointment may exceed the date on which the O ffice of the Special Inspector 5USCap p .8Gnote . Ju ne 30,2 00 9[ S. 61 5 ]


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 123STA T . 1 9 33 PUBLIC LA W 111 – 3 8—J U NE 3 0, 2009 LEGIS L AT I V E H IST ORY— S .615: SE N ATE RE P ORTS: N o . 111 – 15 (C o m m.o n Hom ela n d Se curity and Go v ernmental A f fair s). CONGRESSIONAL RECOR D, Vol. 155 ( 20 0 9 ): A p r. 3 0, considered and passed Senate. J une 15, considered and passed House. Gen e ralfo r A f gh an ist an R e c onstr u ction ter m inates un d er su b section ( o ).’ ’. A p pro v ed J une 30,2 00 9.


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 123STA T . 1 9 3 4PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 PublicLaw1 11 –39 111 thCongres s A n Act Tomaket e chni ca l co r rection s to the H i g her Edu cation A cto f1965, and for other p urposes .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. T ABL EO F CONTENTS. Thetabl e ofc o n tent s fo r th i s A ct is as follo w s
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ec. 1. Ta b le of contents. Sec. 2 . R eferences. Sec. 3 . Effecti v e date. T I T L EI —G E N ERAL P R OV ISIONS Sec. 1 0 1. General provisions. TITLE II—TEA C HER QU ALIT Y ENHANCE M ENT Sec. 201. Teacher q ualit y enhancement. TITLE III—INSTITUTIONAL AI D Sec. 301. Institutional aid. Sec. 302. Multiagency study of minority science programs. TITLE IV—STUDENT ASSISTANCE Sec. 4 01. Grants to students in attendance at institutions of higher education. Sec. 402. F ederal Family Education Loan Program. Sec. 403. Federal w ork - study programs. Sec. 404. Federal Direct Loan Program. Sec. 405. Federal Perkins Loans. Sec. 406. Need analysis. Sec. 40 7 . General provisions of title IV. Sec. 40 8 . Program integrity. Sec. 409. W aiver of master calendar and negotiated rulemaking requirements. TITLE V—DEVELOPING INSTITUTIONS Sec. 501. Developing institutions. TITLE VI—INTERNATIONAL EDUCATION PROGRAMS Sec. 601. International education programs. TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT Sec. 701. Graduate and postsecondary improvement programs. TITLE VIII—ADDITIONAL PROGRAMS Sec. 801. Additional programs. Sec. 802. Amendments to other higher education Acts. SEC. 2 . R EFERENCES. Ex ce p t as otherwise expressl y pro v i d ed , whenever in this Act ana m endment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall July1,20 0 9[H.R .1 7 77 ]


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 123STA T . 1 9 3 5PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 beconsid e r ed t obe ma de to a section or ot h er p ro v ision o f the H i g her E d u cation A ct of 1965(20U.S . C . 1001etse q . ) . SEC.3 .E F FEC TIV E DA TE. E x cept as other w ise provided in this Act , the amendments made b y this Act sha l lta k e effect as if enacted on the date of enactment of the Higher Education O pportunity Act ( P ublic L aw 110 –3 15). TI T LE I —G E N E RA L P R OV I S IONS SEC. 10 1. G E N E R A LP R O VISIONS. (a) H IGHER E DUCAT I ON O P PORTUNIT Y ACT. — (1) G ENERA L DE F INITION OF IN S TITUTION OF HIGHER EDU - CATION.—Section 101(b) of the Higher Education Opportunity Act (Public Law 110–315) is amended by striking ‘ ‘ J uly 1, 2010 ’ ’ and inserting ‘‘the date of enactment of this Act’’. (2) D EFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE I V PROGRA M S.—Section 102(e) of the Higher Education Opportunity Act (Public Law 110–315) is amended by striking the period at the end and inserting ‘‘, except that, with respect to foreign nursing schools that were eligible to participate in part B of title IV as of the day before the date of enactment of this Act, the amendments made by sub- section (a)(1)(D) shall take effect on July 1, 2012.’’. (b) HIGHER EDUCATION ACT OF 1965.— T itle I (20 U.S.C. 1001 et seq.) is amended— (1) in section 102(a)(2)(D) (20 U.S.C. 1002(a)(2)(D)), by striking ‘‘under part B’’ and inserting ‘‘under part B of title IV’’ (2) in section 111(b) (20 U.S.C. 1011(b)), by striking ‘‘ W ith’’ and inserting ‘‘with’’; (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. 1015(a)(3)(A)(iii)(I)), by striking ‘‘section 4 2 8 (a)(2)(C)(i)’’ and inserting ‘‘section 428(a)(2)(C)(ii)’’; (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), by striking ‘‘( F amily Educational R ights and Privacy Act of 19 7 4)’’ and inserting ‘‘(commonly known as the ‘Family Educational Rights and Privacy Act of 1974’)’’; (5) in section 141 (20 U.S.C. 1018)— (A) in the matter preceding subparagraph (A) of sub- section (c)(3), by striking ‘‘under this title’’ and inserting ‘‘under title IV’’; and (B) in subsection (d)(3), by striking ‘‘appropriate committees of Congress’’ and inserting ‘‘authori z ing committees’’; (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 1019b(a)(1)(B)(iii)(V)), by striking ‘‘borrowers who take out loans under’’ each place the term appears and inserting ‘‘bor- rowers of loans made under’’; and (7) in section 155(a) (20 U.S.C. 1019d(a)), by striking para- graph (4) and inserting the following ‘‘(4) include a place to provide information on— ‘‘(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of title IV; 20USC1 002 note.Ef fe c t iv e da te. 20 USC 1001 note. 20 USC 1001 note.


text: Dictionary of National Biography, 1885-1900/Moor, Robert


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 123STA T . 1 9 3 6PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 ‘ ‘ (B)theap p lic a n t ’s esti m ate df inancial assistance , incl u din g am o unts of financial assistance used to r eplace the e x pected famil y contri b ution, as determined by the institution, in accordance w ith title IV , for students who ha v e completed the F ree A pplication for Federal S tudent Aid and ‘‘( C ) the difference between the amounts under sub - paragraphs (A) and (B), as applicable; and’’ .TI T LE II — TE ACH E RQU ALIT Y E N HANCE M ENT SEC.201 . T E A C H E RQU A LI T Y E N HANCE M ENT. T itle II ( 20U .S.C. 1 021 et se q .) is amended — (1) in section 200(22) (20 U.S.C. 1021(22)), by stri k ing subparagraph ( D ) and inserting the following ‘‘(D) prior to completion of the program— ‘‘(i) attains full State certification or licensure and becomes highly qualified; and ‘‘(ii) acquires a master’s degree not later than 1 8 months after beginning the program.’’; (2) in section 202 (20 U.S.C. 1022a)— (A) in subsection (b)( 6 )( E )(ii), by striking ‘‘section 1111(b)(2)’’ and inserting ‘‘section 1111(b)(1)’’; (B) in subsection (c)(1), by striking ‘‘pre-baccalaureate’’; (C) in subsection (d)— (i) in the heading, by striking ‘‘ PRE -B AC CA- L A U REA T E’’ and inserting ‘‘T H E’’; and (ii) in the matter preceding paragraph (1), by striking ‘‘An eligible partnership that receives a grant to carry out an effective program for the pre-bacca- laureate preparation of teachers shall carry out a pro- gram that includes all of the following:’’ and inserting ‘‘An eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out an effective pre-baccalaureate teacher preparation program or a 5 th year initial licensing program that includes all of the following:’’; (D) in subsection (e)(2)— (i) in subparagraph (A)(ii), by striking ‘‘to earn’’ and inserting ‘‘leading to’’; and (ii) in subparagraph (C)— (I) in clause (i), by striking ‘‘one-year’’ before ‘‘teaching residency program’’; and (II) in clause (iii)(I), by striking ‘‘one-year’’; and (E) in subsection (i)( 3 ), by striking ‘‘consent of’’ and inserting ‘‘consent to’’; and (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), by striking ‘‘serve graduate’’ and inserting ‘‘assist in the graduation of’’. TITLE III—IN S TITUTI O NAL AI D SEC. 3 01. INSTITUTI O NAL AI D. Title III (20 U.S.C. 1051 et seq.) is amended—


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 123STA T . 1 9 3 7PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 (1)insect i o n 3 1 6 ( 20U.S . C .10 59 c) — ( A )ins ub section ( a ) , b y st r i k in g‘ ‘ I n d ian T riba l’ ’ and inserting ‘‘Tribal’’ and ( B ) in subsection (b)— (i) in p aragrap h (1), by striking ‘‘the Tribally Con - trolled College or Uni v ersity Assistance Act o f 19 78 ’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’; (ii) in paragraph (2), by striking ‘‘the Tribally Con- trolled College or University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’; and (iii) in paragraph (3)(A), by striking ‘‘the N ava j o Co m munity College Assistance Act of 1978’’ and inserting ‘‘the Navajo Community College Act’’; (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), by striking subparagraph ( F ) and inserting the follo w ing ‘‘(F) is not receiving assistance under— ‘‘(i) part B; ‘‘(ii) part A of title V ‘‘(iii) an annual authori z ation of appropriations under the Act of M arch 2, 1867 (1 4 Stat. 438; 20 U.S.C. 123).’’; (3) in section 323(a) (20 U.S.C. 1062(a)), in the matter preceding paragraph (1), by striking ‘‘in any fiscal year’’ and inserting ‘‘for any fiscal year,’’; (4) in section 324(d) (20 U.S.C. 1063(d))— (A) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively; (B) by striking ‘‘Notwithstanding subsections (a)’’ and inserting ‘‘(1) Notwithstanding subsections (a)’’; and (C) by adding at the end the following: ‘‘(2) If the amount appropriated pursuant to section 399(a)(2)(A) for any fiscal year is not sufficient to pay the minimum allotment re q uired by paragraph (1) to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were reduced (until the amount allotted equals the minimum allot- ment required by paragraph (1)).’’; (5) in section 351(a) (20 U.S.C. 1067a(a))— (A) by striking ‘‘section 304(a)(1)’’ and inserting ‘‘section 303(a)(1)’’; and (B) by striking ‘‘of 1979’’; (6) in section 355(a) (20 U.S.C. 1067e(a)), by striking ‘‘302’’ and inserting ‘‘312’’; (7) in section 371(c) (20 U.S.C. 1067q(c))— (A) in paragraph (3)( D ), by striking ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; (B) in paragraph (4), by striking ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and (C) in paragraph (9)— (i) in subparagraph (C)(iii), by striking ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and (ii) by amending subparagraph (F) to read as fol- lows: ‘‘(F) is not receiving assistance under—
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 123STA T . 1 9 3 8PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 ‘ ‘ (i)partB; ‘‘(ii) part Aof tit leV ‘‘(iii) a n ann u al aut h ori z ation of appropriation s un d ertheA c tof M arch 2,1867 (1 4S tat . 4 3 8;2 0U .S. C . 123). ’ ’; and (8) in section 3 9 2(a)(6) (20 U.S.C. 1068a(a)(6)), by stri k in g ‘‘College or Uni v ersity’’ and inserting ‘‘Colleges and Univer - sities’’. SEC.302 . MULTIAG E N C Y STU D Y OF MINO R ITY SCIENCE P ROGRAMS. Section 1024 (20 U.S.C. 1067d) is repealed. TI T LE I V—S T UD E N T A SSISTAN C E SEC. 4 0 1 . GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF H IGHER EDUCATION. (a) A MEND MEN TS . —P art A of title I V (20 U.S.C. 1070 et se q .) isa m ended— (1) in section 400(b) (20 U.S.C. 1070(b)), by striking ‘‘1 through 8’’ and inserting ‘‘1 through 9’’; (2) in section 401 (20 U.S.C. 1070a)— (A) in the second sentence of subsection (a)(1), by striking ‘‘manner,,’’ and inserting ‘‘manner,’’; (B) in subsection (b)(1), by striking ‘‘section 401’’ and inserting ‘‘this section’’; and (C) in subsection (b)(9)(A)— (i) in clause (vi), by striking ‘‘ $ 10 5 ,000,000’’ and inserting ‘‘$258,000,000’’; and (ii) in clause (viii), by striking ‘‘$4,400,000,000’’ and inserting ‘‘$4,452,000,000’’; (3) by striking paragraph (4) of section 401(f) (20 U.S.C. 1070a(f)), as added by section 401(c) of the H igher E ducation O pportunity Act (Public L a w 110 – 315); (4) in section 402A (20 U.S.C. 1070a–11)— (A) in subsection (b)(1), by striking ‘‘organizations including’’ and inserting ‘‘organizations, including’’; and (B) in subsection (c)(8)(C)(iv)(I), by inserting ‘‘to be’’ after ‘‘determined’’; (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a–15(d)(2)(C)), by striking ‘‘320.’’ and inserting ‘‘320’’; (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c–3a(b)(1)(B))— (A) in clause (i), by striking ‘‘If a’’ and inserting ‘‘E x cept as provided in clause (ii), if a’’; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) (as amended by subparagraph (A)) the following ‘‘(ii) S P E CIAL C O NTIN U ATION AND T R ANSITION RULE.—If a State that applied for and received an allotment under this section for fiscal year 2010 pursu- ant to subsection ( j ) meets the specifications estab- lished in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to sub- section (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day
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 123STA T . 1 9 39 PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 befor e th e da teofe n a c t m ent of the Hig her E d u cation Op portunit yA ct (P ub l ic L a w1 1 0–3 1 5) ) .’ ’ ( 7 )in s ection 4 1 9C (b)(1) ( 2 0 U. S .C. 1070d–33(b)(1)), by inserting ‘ ‘and’’ after the semicolon at the end; ( 8 ) in section 419 D (d) (20 U.S.C. 1070d–34(d)), by stri k ing ‘‘1134’’ and inserting ‘‘134’’; and (9) by adding at the end the following

‘ Subpart10— S chol ar s h i ps f or Ve tera n’ s D epen d ents ‘ ‘ SEC.420R .SC HOLA RSH IP S F OR V E T ERA N’ S D EPENDENTS. ‘‘(a) D EFIN I T I O NOFE L I G I B LE V ETE RA N’ S DE P EN D ENT. —T he term ‘eligible v eteran’s dependent’ means a dependent or an independent student— ‘‘(1) whose parent or guardian was a member of the Armed F orces of the United States and died as a result of performing military service in I ra q or Afghanistan after September 11, 2001; and ‘‘(2) who, at the time of the parent or guardian’s death, was— ‘‘(A) less than 24 years of age; or ‘‘( B ) enrolled at an institution of higher education on a part - time or full-time basis. ‘‘(b) G RANTS.— ‘‘(1) IN GENERAL.—The Secretary shall award a grant to each eligible veteran’s dependent to assist in paying the eligible veteran’s dependent’s cost of attendance at an institution of higher education. ‘‘(2) DESIGNATION.—Grants made under this section shall be known as ‘Iraq and Afghanistan Service Grants’. ‘‘(c) PRE V ENTION OF DO U BLE BENEFITS.— N o eligible veteran’s dependent may receive a grant under both this section and section 401. ‘‘(d) TER M S AND CONDITIONS.—The Secretary shall award grants under this section in the same manner, and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under section 401, e x cept that— ‘‘(1) the award rules and determination of need applicable to the calculation of Federal Pell Grants, shall not apply to grants made under this section; ‘‘(2) the provisions of subsection (a)(3), subsection (b)(1), the matter following subsection (b)(2)(A)(v), subsection (b)(3), and subsection (f), of section 401 shall not apply; and ‘‘(3) a grant made under this section to an eligible veteran’s dependent for any award year shall equal the maximum Federal Pell Grant available for that award year, except that such a grant under this section— ‘‘(A) shall not exceed the cost of attendance of the eligible veteran’s dependent for that award year; and ‘‘(B) shall be ad j usted to reflect the attendance by the eligible veteran’s dependent on a less than full-time basis in the same manner as such adjustments are made under section 401. ‘‘(e) ESTIMATED FINAN C IAL ASSISTANCE.—For purposes of deter- minations of need under part F, a grant awarded under this section 20USC1 0 7 0 hnote.


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 123STA T . 1 940PUBLIC LA W 111 – 39 —J UL Y 1, 2009 shal l notbe t r eate d as est im ated f inan c ial assistance as described in sections 471(3) and 4 80 ( j ) .‘ ‘(f) AUTHORIZA TIO N AN D A P PROPRIATION S O FF UNDS. —T here are a u thori z edtobea p propriated , and there are appropriated, out of an y money in the Treasury not other w ise appropriated, for the S ecretary to carry out this section, such sums as may be necessary for fiscal year 2 010 and each succeedin g fiscal year. ’ ’. (b) E FF EC TI V E D ATE.—The amendment made by subsection (a)( 9 ) shall ta k e effect on J uly 1, 2010. (c) H I G HER EDUCATION O PPORTUNIT Y ACT.—Section 404 of the Higher Education Opportunity Act ( P ublic L aw 110 – 31 5 )is amended by adding at the end the following new subsection ‘‘(i) EFFECTIVE DATE TRANSITION.— ‘‘(1) I N GENERA L .—The amendments made by subsection (e) shall apply to grants made under chapter 2 of subpart 2ofpartAoftitleI V of the Higher Education Act of 19 6 5 (20 U .S. C . 1070a–21 et se q .) on or after the date of enactment of this Act, e x cept that a recipient of a grant under such chapter that is made prior to such date may elect to apply the requirements contained in the amendments made by sub - section (e) to that grant if the grant recipient informs the Secretary of the election. ‘‘(2) SPECIAL RULE.—A grant recipient may make the elec- tion described in paragraph (1) only if the election does not decrease the amount of the scholarship promised to an indi- v idual student under the grant.’’. SEC.402 . F E D E RAL FA MI L Y ED U CA T I ON LOAN P RO G RAM. (a) A M ENDMENT TO PROVISION AMENDED B Y THE COLLEGE COST R EDUCTION AND ACCESS ACT.— (1) IN GENERAL.—Section 428(b)(1)( G )(i) (20 U.S.C. 1078(b)(1)(G)(i)), as amended by section 303 of the College Cost Reduction and Access Act (Public Law 110–84), is amended by striking ‘‘or 439(q)’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall be effective as if enacted as part of the amendment in section 303(a) of the College Cost Reduction and Access Act (Public Law 110–84), shall take effect on October 1, 2012, and shall apply with respect to loans made on or after such date. (b) ENTRANCE COUNSELING FUNCTIONS.— (1) GUARANTY AGENCIES.—Section 428(b)(3) (20 U.S.C. 1078(b)(3)) is amended— (A) in subparagraph (C), by inserting ‘‘or 485(l)’’ after ‘‘section 485(b)’’; and ( B ) in subparagraph (D), by inserting ‘‘or 485(l)’’ after ‘‘section 485(b)’’. (2) ELIGIBLE LENDERS.—Section 435(d)(5) (20 U.S.C. 1085(d)(5)) is amended— (A) in subparagraph (E), by inserting ‘‘or 485(l)’’ after ‘‘section 485(b)’’; and (B) in subparagraph (F), by inserting ‘‘or 485(l)’’ after ‘‘section 485(b)’’. (c) AMENDMENT TO PROVISION AMENDED BY THE HIGHER EDU- CATION OPPORTUNITY ACT.— (1) IN GENERAL.—Section 428C(c)(3)(A) (20 U.S.C. 1078– 3(c)(3)(A)), as amended by section 425 of the Higher Education Ap p licab ili ty.20USC1 0 78no t e . Applicability. 20 USC 1070a – 2 5 note. 20 USC 1070 h note.


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 123STA T . 1 94 1 PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 Op p ortuni t yAc t (P u bl ic Law1 1 0–3 1 5), i s a me n d ed by stri k in g‘ ‘section 49 3 C’ ’ and inserting ‘‘section 493C,’’ . ( 2 ) EF F ECTIV E DA TE. —Th e amendment made by paragraph (1) shall be e f fecti v e as if enacted as part of the amendments in section 425(d)(1) of the H igher Education Opportunity Act (Public Law 110–315), and shall take effect on J uly 1, 2009. (d) R E H A B I L ITATI ON OF S T U DENT LOAN S .— (1) Section 42 8F (20 U .S.C. 10 7 8– 6 ) is amended— (A) in subsection (a)— (i) by amending paragraph (1) to read as follows ‘‘(1) SALE O R ASSI G N M ENT OF LOAN.— ‘‘(A) I N GENERAL.—Each guaranty agency, upon securing 9 payments made within 20 days of the due date during 10 consecutive months of amounts owed on a loan for which the Secretary has made a payment under para - graph (1) of section 428(c), shall— ‘‘(i) if practicable, sell the loan to an eligible lender or ‘‘(ii) on or before September 30, 2011, assign the loan to the Secretary if— ‘‘(I) the Secretary has determined that market conditions unduly limit a guaranty agency’s ability to sell loans under clause (i); and ‘‘(II) the guaranty agency has been unable to sell loans under clause (i). ‘‘( B ) M ONTHL YP AYMENTS.— N either the guaranty agency nor the Secretary shall demand from a borrower as monthly payment amounts described in subparagraph (A) more than is reasonable and affordable based on the borrower’s total financial circumstances. ‘‘(C) CONSUMER REPORTING AGENCIES.—Upon the sale or assignment of the loan, the Secretary, guaranty agency or other holder of the loan shall re q uest any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history. ‘‘( D ) DUTIES UPON SALE.— W ith respect to a loan sold under subparagraph (A)(i)— ‘‘(i) the guaranty agency— ‘‘(I) shall repay the Secretary 81.5 percent of the amount of the principal balance outstanding at the time of such sale, multiplied by the reinsur- ance percentage in effect when payment under the guaranty agreement was made with respect to the loan; and ‘‘(II) may, in order to defray collection costs— ‘‘(aa) charge to the borrower an amount nottoe x ceed 18.5 percent of the outstanding principal and interest at the time of the loan sale; and ‘‘(bb) retain such amount from the pro- ceeds of the loan sale; and ‘‘(ii) the Secretary shall reinstate the Secretary’s obligation to— ‘‘(I) reimburse the guaranty agency for the amount that the agency may, in the future, expend Deadlin e .20USC1 0 78–3 n ot e.


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 123STA T . 1 94 2 PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 todischarge the g u ara n t y agency ’ s insurance o bl igation and ‘ ‘ (I I )p ay to the holder o f such loan a special allo w ance pursuant to section 438. ‘‘( E ) DUTIES U PONA SSI G N M ENT. —W ith respect to a loan assigned under subparagraph ( A )(ii)— ‘‘(i) the guaranty agency shall add to the principal and interest outstanding at the ti m e of the assignment of such loan an amount e q ual to the amount described in subparagraph (D)(i)(II)(aa); and ‘‘(ii) the S ecretary shall pay the guaranty agency , for deposit in the agency’s O perating F und established pursuant to section 4 2 2 B, an amount equal to the amount added to the principal and interest outstanding at the time of the assignment in accordance with clause (i). ‘‘(F) E L IGI B LE LEN D E R LIMITATION.—A loan shall not be sold to an eligible lender under subparagraph (A)(i) if such lender has been found by the guaranty agency or the Secretary to ha v e substantially failed to e x ercise the due diligence required of lenders under this part. ‘‘( G )DE F AULT DUE TO ERROR.—A loan that does not meet the requirements of subparagraph (A) may also be eligible for sale or assignment under this paragraph upon a determination that the loan was in default due to clerical or data processing error and would not, in the absence of such error, be in a delinquent status.’’; (ii) in paragraph (2)— (I) by stri k ing ‘‘paragraph ( 1 ) of this sub - section’’ and inserting ‘‘paragraph (1)(A)(i)’’; and (II) by striking ‘‘paragraph (1)(B)(ii) of this subsection’’ and inserting ‘‘paragraph (1)(D)(ii)(I)’’; (iii) in paragraph (3)— (I) by striking ‘‘sold under paragraph (2)’’ and inserting ‘‘sold or assigned under paragraph (1)(A)’’; and (II) by striking ‘‘sale.’’ and inserting ‘‘sale or assignment.’’; (iv) in paragraph (4), by striking ‘‘which is sold under paragraph (1) of this subsection’’ and inserting ‘‘that is sold or assigned under paragraph (1)’’; and (v) in paragraph ( 5 ), by inserting ‘‘(whether by loan sale or assignment)’’ after ‘‘rehabilitating a loan’’; and (B) in subsection (b), in the first sentence, by inserting ‘‘or assigned to the Secretary’’ after ‘‘sold to an eligible lender’’. (2) EFFE C TI V E DATE.— T he amendments made by paragraph (1) shall be effective on the date of enactment of this Act, and shall apply to any loan on which monthly payments described in section 428F(a)(1)(A) were paid before, on, or after such date of enactment. (e) R EPA Y MENT IN FULL FOR DEAT H AND DISABILITY.— (1) IN GENERAL.—Section 43 7 (a)(1) (2 0U .S. C . 1087(a)(1)), as amended by section 437 of the H igher Education Opportunity Act ( P ublic L aw 110 – 315), is amended— 20USC1 0 78–6.Ap p licab ili ty .


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 123STA T . 1 94 3 PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 (A)inthema tte rp re c e d in gsub paragraph (A) , b y stri k ing ‘ ‘ S ecretary),, o ri f’ ’ and inserting ‘‘Secretary), or if’’ and ( B ) in subparagraph (B), by inserting ‘‘the reinstate - ment and resumption to be’’ after ‘‘determines’’ . ( 2 ) EF F ECTIV E DA TE. —T he amendments made by paragraph ( 1 ) sha l l be effecti v e as if enacted as part of the amendments in section 437 (a) of the H igher Education O pportunity Act ( P ublic L a w 11 0– 31 5 ), and shall take effect on J uly 1, 2010. (f) OT H E R A M E N DMENT S .—Part B of title IV (20 U .S. C . 1071 et se q .) is further amended— (1) in section 42 8 (20 U.S.C. 1078)— (A) in subsection (a)(2)(A)(i)(II), by striking ‘‘and’’ after the semicolon at the end; (B) in subsection (b)— (i) in the matter following subclause (II) of para- graph (1)( M )(i), by inserting ‘‘section’’ before ‘‘428B’’; (ii) in paragraph (3)(A)(i), by striking ‘‘any institu- tion of higher education or the employees of an institu- tion of higher education’’ and inserting ‘‘any institution of higher education, any employee of an institution of higher education, or any individual or entity’’; (iii) in paragraph (4), by striking ‘‘ F or the purpose of paragraph (1)(M)(i)(III) of this subsection,’’ and inserting ‘‘ W ith respect to the graduate fellowship pro- gram referred to in paragraph (1)(M)(i)(II),’’; and (iv) in paragraph (7)— (I) in subparagraph (B), by striking ‘‘clause (i) or (ii) of’’; and (II) in subparagraph ( D ), by striking ‘‘subpara- graph (A)(i)’’ and inserting ‘‘subparagraph (A)’’; and (C) in subsection (c)( 9 )( K ), by striking ‘‘3 months’’ and inserting ‘‘ 6 months’’; (2) in section 428B(e) (20 U.S.C. 1078–2(e))— (A) in paragraph (3)(B), by striking ‘‘subsection (c)(5)(B)’’ and inserting ‘‘subsection (d)(5)(B)’’; and (B) by repealing paragraph (5); (3) in section 428C (20 U.S.C. 1078–3)— (A) in subsection (a)(4)(E), by striking ‘‘subpart II of part B’’ and inserting ‘‘part E’’; (B) in the matter preceding clause (i) of subsection (c)(2)(A)— (i) by striking ‘‘subsection (b)(2)(F)’’ and inserting ‘‘subsection (b)(2)’’; and (ii) by inserting a comma after ‘‘graduated’’; (C) in subsection (d)(3)(D), by striking ‘‘loan insurance fund’’ and inserting ‘‘loan insurance account’’; and (D) in subsection (f)(3), by striking ‘‘subsection (a)’’ and inserting ‘‘this subsection’’; (4) in section 428 G (c) (20 U.S.C. 1078–7(c))— (A) in paragraph (1), by striking ‘‘section 428(a)(2)(A)(i)(III)’’ and inserting ‘‘section 428(a)(2)(A)(i)(II)’’; and (B) by striking paragraph (3) and inserting the fol- lowing ‘‘(3) notwithstanding subsection (a)(2), may, with the permission of the borrower, be disbursed by the lender on 20USC1 0 87note.


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 123STA T . 1 94 4 PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 awe e klyorm o nth ly b a si s ,p ro v i d ed that the pro c eeds o f the loan are disb u rsed by the lender in substantially e q ual weekly or monthly installments, as the case may be, over the period of enrollment for which the loan is made .’ ’ in section 428H (2 0U . S . C . 1 0 7 8 – 8) — ( A ) in subsection (d), by amendin g the te x tofthe header of paragraph (2) to read as follows
 * (5)

‘ LIM I TSFORG R ADU AT E , P ROFESSIO N A L , AND INDEPENDENT POST B A C CALAUREATE STUDENTS’’; and ( B ) in subsection (e), by amending paragraph ( 6 )to read as follows: ‘‘(6) R EPA Y MENT PERIOD.— F or purposes of calculating the repayment period under section 428(b)( 9 ), such period shall commence at the time the first payment of principal is due from the borrower.’’; (6) in section 428 J (20 U.S.C. 1078–10)— (A) in subsection (c)(1), by adding at the end the fol - lowing: ‘‘ N o borrower may receive a reduction of loan obliga- tions under both this section and section 460.’’; and (B) in subsection (g)(2)— (i) in subparagraph (B), by inserting ‘‘or’’ after the semicolon at the end; (ii) by striking subparagraph (C); (iii) by redesignating subparagraph ( D ) as subpara- graph (C); and (iv) in subparagraph (C), as redesignated by clause (iii), by striking ‘‘12571’’ and inserting ‘‘12601’’; (7) in section 428 K (g)(9)(B) (20 U.S.C. 1078–11(g)(9)(B)), by striking ‘‘under subsection (ll)( 3 ) of such section (42 U.S.C. 1395x(ll)(3))’’ and inserting ‘‘under subsection (ll)(4) of such section (42 U.S.C. 1395x(ll)(4))’’; (8) in section 430A(f) (20 U.S.C. 1080a(f))— (A) by striking ‘‘and (6)’’ and inserting ‘‘and (5)’’; and (B) by striking ‘‘(a)(6)’’ and inserting ‘‘(a)(5)’’; (9) in section 432 (20 U.S.C. 1082)— (A) in subsection (b), by striking ‘‘section 1078 of this title’’ and inserting ‘‘section 428’’; and (B) in subsection (m)(1)(B)— (i) in clause (i), by inserting ‘‘and’’ after the semi- colon at the end; and (ii) in clause (ii), by striking ‘‘; and’’ and inserting a period; (10) in section 435 (20 U.S.C. 1085)— (A) in subsection (a)(2)(C)(ii), by striking ‘‘a tribally controlled community college within the meaning of section 2(a)(4) of the T ribally Controlled Community College Assistance Act of 1978’’ and inserting ‘‘a tribally controlled college or university, as defined in section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978’’; (B) in subsection (d)— (i) in paragraph (1)— ( I ) in subparagraph (A)(ii)(III), by striking ‘‘section 501(1) of such Code’’ and inserting ‘‘section 501(a) of such Code’’; and


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 123STA T . 1 945PUBLIC LA W 111 – 39 —J UL Y 1, 2 0 09 (I I )insubpar a g rap h ( G ) , b y s t ri k ing ‘ ‘s ec ti o ns 428A ( d ), 428 B (d), and 428 C , ’ ’ and inserting ‘‘sec - tions 428B(d) and 428C,’’ (ii) in paragraph (2)(A)( v i), by striking ‘‘section 4 35 ( m )’’ and inserting ‘‘subsection (m)’’; (iii) in paragraph (3), by striking ‘‘section 435(m)’’ and inserting ‘‘subsection (m)’’; and (iv) in paragraph (5)(A), by striking ‘‘to any institu- tion o f higher education or any emp l oyee of an institu- tion of higher education in order to secure applicants for loans under this part’’ and inserting ‘‘to any institu- tion of higher education, any employee of an institution of higher education, or any individual or entity in order to secure applicants for loans under this part’’; (C) in subsection (o)( 1 )(A)(ii), by striking ‘‘ S ervice’’ and inserting ‘‘Services’’; and ( D ) in subsection (p)(1), by striking ‘‘section 7 71’’ and inserting ‘‘section 781’’; and (11) in section 438(b)(2) (2 0U. S.C. 1087 – 1(b)(2)) — (A) in the second sentence of subparagraph (A), by striking ‘‘427A(f)’’ and inserting ‘‘427A(i)’’; (B) in the first sentence of subparagraph (B)(i), by striking ‘‘1 9 54’’ and inserting ‘‘198 6 ’’; and (C) in the second sentence of subparagraph ( F ), by striking ‘‘427A(f)’’ and inserting ‘‘427A(i)’’. SEC.403 . F E D E RALWO R K- S TU D YP RO G RA M S. Section 443 (42 U.S.C. 2753) is amended— (1) in subsection (b)(2), by striking ‘‘section 443’’ and inserting ‘‘this section’’; (2) in subsection (d)(1), by striking ‘‘subsection (b)(2)(B)’’ and inserting ‘‘subsection (b)(2)(A)’’; and (3) in subsection (e)(1), in the matter preceding subpara- graph (A), by striking ‘‘in accordance w ith such subsection’’. SEC. 404. FEDERAL D I RECT LOA N PROGRAM. (a) TEMPORA R Y A UTH OR I TY TO P UR C HA S E L OA N S.—Section 459A (20 U.S.C. 1087i–1) is amended— (1) in subsection (a)— (A) in paragraph (2), in the matter preceding subpara- graph (A), by striking ‘‘purchase of loans under this section’’ and inserting ‘‘purchase of loans under paragraph (1)’’; and (B) by inserting after paragraph (2) the following new paragraph ‘‘(3) TEMPORARY AUTHORITY TO PURCHASE REHA B I L ITATE D LOANS.— ‘‘(A) AUTHORITY.—In addition to the authority described in paragraph (1), the Secretary, in consultation with the Secretary of the Treasury, is authori z ed to pur- chase, or enter into forward commitments to purchase, from any eligible lender (as defined in section 435(d)(1)), loans that such lender purchased under section 428F on or after O ctober 1, 2003, and before J uly 1, 2010, and that are not in default, on such terms as the Secretary, the Secretary of the Treasury, and the Director of the Office of M anagement and Budget j ointly determine are in the best interest of the United States, e x cept that any Timep e r i od.