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Page:United States Statutes at Large Volume 123.djvu/1896

 123STA T . 1 876PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9repai re l i g i b le pr oj e ctsn ation w i d e , and f or ot h er acti v ities in response to nat u ral disasters
 * Provide

d fu r th er, T hat the S ecretar y of the A r m y is directed to use $439, 0 00,000 of the amount provided under this heading for barrier island restoration and ecosystem restoration to restore historic levels of storm damage reduction to the M ississippi G ulf C oast: Provided further, That this wor k shall be carried out at full F ederal e x pense: Provided further , That the Assistant Secretary of the Army for Civil W orks shall provide a monthly report to the Committees on Appropriations of the H ouse of R epresentatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 6 0 days after enactment of this Act .DEP ARTME N T O F ENERG Y ENERGY PROGRAMS S TRA T EGIC PETR OL E UM RE S ER V E ( TRA N S F ER OF FUN D S ) For an additional amount for ‘ ‘Strategic Petroleum Reserve ’ ’, $ 21, 58 5, 7 23, to remain available until expended, to be derived by transfer from the ‘‘SPR Petroleum Account’’ for site maintenance activities. ATOM I C ENERGY DEFENSE ACTI V ITIES NATIONAL NUCLEAR SECURIT Y ADMINISTRATION W EA P ONS ACTIVITIES For an additional amount for ‘‘Weapons Activities’’, $30,000,000, to remain available until expended, to be divided among the three national security laboratories of L ivermore, Sandia and Los Alamos and other entities to fund a sustainable capability to analy z e nuclear and biological weapons intelligence: Provided, That the Secretary of Energy, in cooperation with the Director of National Intelligence, shall provide a written report to the Appropriations Committees of the House of Representatives and the Senate, the Armed Services Committees of the House of Representatives and the Senate, the Permanent Select Committee on Intelligence of the House of Rep - resentatives, and the Select Committee on Intelligence of the Senate within 90 days of enactment of this Act on how the Department of Energy will invest these resources to sustain technical and core analytical capabilities. DEFENSE NUCLEAR NONPROLIFERATION For an additional amount for ‘‘Defense Nuclear Nonprolifera- tion’’, $55,000,000, to remain available until expended. Reports.D e adlin e. Reports. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1897

 123STA T . 1 87 7 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9GEN E RALP R OVIS IONS —TH IS TITLE LIM I TED T RANSF ERA U T HO RIT Y SE C.401 .S ection 40 3 o f tit l eIVof d i v i s ionAoft h eA m e r ic a n Recover y and Reinvestment Act of 2 00 9( P ub lic La w 111 –5) is amended by stri k in g all of the te x t and inserting the following

‘ SEC.403 . LIM I T E D T RAN S F ERA U T HO RIT Y . ‘ ‘The Secretary of Energy may transfer u p to 0.5 percent from each amount appropriated to the D epartment of Energy in this title to any other appropriate account within the Department of Energy , to be used for management and oversight activities: Pro-vide d , That the Secretary shall provide a report to the C ommittees on Appropriations of the House of Representatives and the Senate 15 days prior to any transfer: Provided fu r th er, That any funds so transferred under this section shall remain available for obliga - tion until September 30, 2012. ’ ’. W AI V ER OF FEDERAL EM P LOYMENT RE Q UIREMENTS SEC. 402. Section 4 6 01(c)(1) of the Atomic Energy Defense Act (50 U .S.C. 2 7 01(c)(1)) is amended by striking ‘‘September 30, 200 8 ’’ and inserting ‘‘September 30, 2009’’. CORPS OF EN G INEERS TECHNICAL FI X SEC. 403. (a) IN GENERAL.—Section 3181 of the W ater Resources Development Act of 2007 (Public Law 110–114 121 Stat. 1158) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (11) as paragraphs (5), (6), (8), (9), (10), (11), (12), and (13), respec- tively; ( B ) by inserting after paragraph (3) the following: ‘‘(4) NORTHEAST HAR B OR, MAINE.—The pro j ect for naviga- tion, Northeast Harbor, M aine, authori z ed by section 2 of the Act of March 2, 1945 (59 Stat. 12).’’; and (C) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following: ‘‘(7) TENANTS HARBOR, MAINE.—The project for navigation, Tenants Harbor, Maine, authorized by the first section of the Act of March 2, 1919 (40 Stat. 1275).’’; and (2) in subsection (h)— (A) by striking paragraphs (15) and (16); and (B) by redesignating paragraphs (17) through (29) as paragraphs (15) through (27), respectively. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in the Water Resources Develop- ment Act of 2007 (Public Law 110–114; 121 Stat. 1041). CORPS OF ENGINEERS REPROGRAMMING AUTHORITY SEC. 404. Unlimited reprogramming authority is granted to the Secretary of the Army for funds provided in title IV—Energy and Water Development of Public Law 111–5 under the heading ‘‘Department of Defense—Civil, Department of the Army, Corps of Engineers—Civil’’. Reports.D e adlin e. Ante, p. 143.

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Page:United States Statutes at Large Volume 123.djvu/1898

 123STA T . 1 87 8 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9BUREA U OF RE CL A M A TI O N RE P RO G RAMMING AUT H ORIT YS EC .405 . Unlim i tedr e p r og r a mming a u t h orit y i s granted to the Se c retary o f the I nterior for funds pro v ided in title I V—E nergy and W ater D evelopment of P u b lic L a w1 11 – 5 under the heading ‘ ‘ B ureau of R eclamation , Water and Related Resources ’ ’. CO S T ANALYSIS OF TRITIUM PROGRAM CHANGES SEC. 40 6 . N o funds in this A ct, or other previous Acts, shall be provided to fund activities related to the mission relocation of either the design authority for the gas transfer systems or tritium research and development facilities during the current fiscal year and until the Department can provide the Senate Appropriations C ommittee an independent technical mission review and cost anal - ysis by the J AS O N’s as proposed in the Comple xT ransformation Site-Wide Programmatic Environmental Impact Statement. CORPS OF ENGINEERS PRO J ECT COST CEILING INCREASE SEC. 40 7 . The pro j ect for ecosystem restoration, Upper Newport Bay, California, authori z ed by section 101 ( b ) ( 9 ) of the Water Resources Development Act of 2 000 (114 Stat. 2577), is modified to authorize the Secretary to construct the project at a total cost of $ 50,659,000, with an estimated F ederal cost of $ 3 2,92 8 ,000 and a non-Federal cost of $17,731,000. TITLE 17 INNO V ATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM SEC. 408. The matter under the heading ‘‘Title 17 Innovative Technology Loan G uarantee Program’’ of title III of division C of the Omnibus Appropriations Act, 2009 (Public Law 111–8 123 Stat. 619) is amended in the ninth proviso— (1) by stri k ing ‘‘or (d)’’ and inserting ‘‘(d)’’; and (2) by striking ‘‘the guarantee’’ and inserting ‘‘the guar- antee; (e) contracts, leases or other agreements entered into prior to M ay 1, 2009 for front-end nuclear fuel cycle projects, where such project licenses technology from the Department of Energy, and pays royalties to the federal government for such license and the amount of such royalties will exceed the amount of federal spending, if any, under such contracts, leases or agreements; or (f) grants or cooperative agreements, to the extent that obligations of such grants or cooperative agreements have been recorded in accordance with section 1501(a)(5) of title 31, United States Code, on or before May 1, 2009’’. TITLE V E X ECUTIVE OFFICE OF T H E PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT NATIONAL SECURITY COUNCIL SALARIES AN D E X PENSES For an additional amount for ‘‘Salaries and Expenses’’, $2,936,000, of which $800,000 shall remain available until expended and $2,136,000 shall remain available until September 30, 2010.


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Page:United States Statutes at Large Volume 123.djvu/1899

 123STA T . 1 879PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 THEJUDIC I ARY C OURTS O F A P P EAL S , D I STRI C T COURTS, A NDO T H ER JUDICIAL S ER V ICES SALARIES AND E X PENSES ( INCLUDIN G TRANSFER OF FUNDS )Foran a d d it iona l a m o u nt f or ‘ ‘Salari es and E xp enses ’ ’, $10 ,000,000, to remain a v aila b le until September 3 0, 2 010
 * Pro-vide

d,T h at not w ithstandin g se c tion 302 of division D of P ublic L aw 111 –8, funding shall be available for transfer between Judiciar y accounts to meet increased wor k load re q uirements resulting from immigration and other law enforcement initiatives . I N DEPENDENT A G ENCIES FINANCIAL CRISIS IN Q UIR Y CO M MISSION SALARIES AND EXPENSES For the necessary expenses of the Financial Crisis Inquiry Commission established pursuant to section 5 of the Fraud Enforce - ment and Recovery Act of 200 9( Public Law 111–21 ) , $8,000,000, to remain available until February 15, 2011. SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES For an additional amount for necessary expenses for the Securi- ties and Exchange Commission, $10,000,000, to remain available until September 30, 2010, for investigation of securities fraud. GENERAL PRO V ISIONS — THIS TITLE SEC. 501. (a) IN GENERAL.—Section 3(c)(2)(A) of Public Law 110– 4 28 is amended— (1) in the matter before clause (i), by striking ‘‘4-year’’ and inserting ‘‘5-year’’ and (2) in clause (i), by striking ‘‘1-year’’ and inserting ‘‘2- year’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 110–428. SEC. 502. The fourth proviso under the heading ‘‘District of Columbia Funds’’ of title IV of division D of the Omnibus Appropria- tions Act, 2009 (Public Law 111–8; 123 Stat. 6 55) is amended by striking ‘‘and such title’’ and inserting ‘‘, as amended by laws enacted pursuant to section 442(c) of the District of Columbia Home Rule Act of 19 7 3, approved December 24, 1973 (87 Stat. 798), and such title, as amended,’’. SEC. 503. Title V of division D of the Omnibus Appropriations Act, 2009 (Public Law 111–8) is amended under the heading ‘‘Fed- eral Communications Commission’’ by striking the first proviso and inserting the following: ‘‘Provided, That of the funds provided, not less than $3,000,000 shall be available for developing a national Ante,p.657 . 28USC3 76 note . 28 USC 376 note.


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Page:United States Statutes at Large Volume 123.djvu/1900

 123STA T . 1 8 8 0PUBLIC LA W 111 – 32 —J U NE 2 4, 200 9broad ba n d pl anp u r s uan t tot i tl eVI o f di v ision B oft h e Am eri c an R ecover y and Reinvestment Act of 20 0 9(P ublic L a w1 11 –5) and for carryin g out any other responsibility pursuant to that title

’ .EXT E NSIO NO FL I M IT A TIONS S E C . 50 4 . (a) IN G ENE R AL. — Section 44(f)(1) of the F ederal D eposit Insurance Act (12 U .S. C .1 83 1u(f)(1)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) , respectively, and moving the margins 2 ems to the right (2) by stri k ing ‘ ‘evidence of debt by any insured’’ and inserting the following: ‘‘evidence of debt by— ‘‘(A) any insured’’; and (3) by striking the period at the end and inserting the following: ‘‘; and ‘‘(B) any nondepository institution operating in such State, shall be e q ual to not more than the greater of the State’s ma x imum lawful annual percentage rate or 1 7 per - cent— ‘‘(i) to facilitate the uniform implementation of fed- erally mandated or federally established programs and financings related thereto, including— ‘‘(I) uniform accessibility of student loans, including the issuance of qualified student loan bonds as set forth in section 144(b) of the Internal Revenue Code of 198 6 ‘‘(II) the uniform accessibility of mortgage loans, including the issuance of qualified mortgage bonds and qualified veterans’ mortgage bonds as set forth in section 143 of such Code; ‘‘(III) the uniform accessibility of safe and affordable housing programs administered or sub- j ect to review by the Department of H ousing and Urban Development, including— ‘‘(aa) the issuance of exempt facility bonds for qualified residential rental property as set forth in section 142(d) of such Code; ‘‘(bb) the issuance of low income housing tax credits as set forth in section 42 of such Code, to facilitate the uniform accessibility of provisions of the American Recovery and Reinvestment Act of 2009; and ‘‘(cc) the issuance of bonds and obligations issued under that Act, to facilitate economic development, higher education, and improve- ments to infrastructure, and the issuance of bonds and obligations issued under any provi- sion of law to further the same; and ‘‘(ii) to facilitate interstate commerce generally, including consumer loans, in the case of any person or governmental entity (other than a depository institu- tion subject to subparagraph (A) and paragraph (2)).’’. (b) E FFECTI V E PERIO D .— T he amendments made by subsection (a) shall apply with respect to contracts consummated during the period beginning on the date of enactment of this Act and ending on December 31, 2010. 12USC 1 83 1 unote.Ap p licab ilit y . Cont r act s .


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Page:United States Statutes at Large Volume 123.djvu/1901

 123STA T . 1 8 81 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9TI T LEV I D E PAR T M E N T OFH OMELAND S E CU RIT Y U . S.C USTOM S ANDB O R D E R PROTE C T I ON SA L ARIES AND E XP ENSES F oran a d d it iona l a m o u nt f or ‘ ‘Salari es and E xp enses ’ ’ ,$46, 20 0,000, to remain a v aila b le until September 3 0, 20 1 0, of wh i c h $6,200,000 shall be for the care, treatment, and transportation of unaccompanied alien children and of which $40,000,000 shall be for response to border securit y issues on the Southwest border of the United States. AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT For an additional amount for ‘‘Air and Marine Interdiction, Operations, Maintenance, and Procurement’’, $ 5 ,000,000, to remain available until September 30, 2010, for response to border security issues on the Southwest border of the United States. U.S. IMMI G RATION AND CUSTOMS EN F ORCEMENT SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $66, 8 00,000, to remain available until September 30, 2010, of which $11,800,000 shall be for the care, treatment, and transportation of unaccompanied alien children; and of which $55,000,000 shall be for response to border security issues on the Southwest border of the United States. COAST G UARD OPERATING EXPENSES For an additional amount for ‘‘Operatin g Expenses’’, $13 9 ,503,000; of which $129,503,000 shall be for Coast Guard oper - ations in support of Operation Ira q i Freedom and Operation Enduring Freedom; and of which $10,000,000 shall be available until September 30, 2010, for High Endurance Cutter maintenance, ma j or repairs, and improvements. FEDERAL EMERGENC Y MANAGEMENT AGENCY STATE AND LOCAL PROGRAMS For an additional amount for ‘‘State and Local Programs’’, $30,000,000 shall be for Operation Stonegarden. GENERAL PROVISIONS — THIS TITLE SEC. 601. Notwithstanding sections 12112, 55102, and 55103 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with appropriate endorsement for engaging in Certif i ca ti on.Al a b a m a.


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Page:United States Statutes at Large Volume 123.djvu/1902

 123STA T . 1 8 82 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9thecoas t wi set r a d ei n the S tate o fAl a b a m aforthedr y doc k A L A -B A M A (U nited States official n u mber 64150 4 ). S EC . 60 2 . N otwithstandin g sections 55101 , 5510 3, and 12112 of title 46, United States C ode, the Secretary of the de p artment in which the Coast G uard is operating may issue a certificate of documentation with a coastwise endorsement for the v essel MA RY LAN DI ND EP ENDENCE (official number 6625 7 3). T he coastwise endorsement issued under authority of this section is terminated if — (1) the vessel, or controlling interest in the person that owns the vessel, is conveyed after the date of enactment of this Act or (2) any repairs or alterations are made to the vessel outside of the United States. (IN C LUD IN GR E S CISSI O NO F FUNDS ) SEC. 603. (a) RESCISSION.— O f amounts previously made avail- able from ‘ ‘ F ederal Emergency Management Agency, Disaster Relief ’ ’ to the State of Mississippi pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for H urricane K atrina, an additional $ 100,000,000 are rescinded. (b) A P PROPRI AT ION.—For ‘‘Federal Emergency Management Agency, State and Local Programs’’, there is appropriated an addi- tional $100,000,000, to remain available until e x pended, for a grant to the State of Mississippi for an interoperable communications system re q uired in the aftermath of Hurricane Katrina. SEC. 604. The Department of Homeland Security Appropriations Act, 200 9 (Public Law 110 – 329) is amended under the heading ‘‘Federal Emergency Management Agency, Management and Administration’’ after ‘‘the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 Stat. 5 8 3),’’. SEC. 605. Notwithstanding any provision under (a)(1)(A) of 15 U.S.C. 2229a specifying that grants must be used to increase the number of firefighters in fire departments, the Secretary of Homeland Security may, in making grants described under 15 U.S.C. 2229a for fiscal year 2009 or fiscal year 2010, grant waivers from the requirements of subsection (a)(1)(B), subsection (c)(1), sub- section (c)(2), and subsection (c)(4)(A), and may award grants for the hiring, rehiring, or retention of firefighters. SEC. 606. The Administrator of the Federal Emergency Manage- ment Agency shall extend through March 2010 reimbursement of State-run case management programs related to Hurricanes Katrina and Rita for individuals in such programs on April 30, 2009. SEC. 607. Section 552 of division E of the Consolidated Appro- priations Act, 2008 (Public Law 110–161) is amended by striking ‘‘local educational agencies’’ and inserting ‘‘primary or secondary school sites’’ and by inserting ‘‘and section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. SEC. 608. For purposes of qualification for loans made under the Disaster Assistance Direct Loan Program as allowed under Public Law 111–5 relating to disaster declaration FEMA–1791– 12 1 Sta t . 2 08 1. Ex t ensio n d ate. W ai v e r a u t h orit y . G rants. M ississi p pi.


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Page:United States Statutes at Large Volume 123.djvu/1903

 123STA T . 1 8 83 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9DR(is s uedS e pt e mb e r13,20 0 8) t h eb a se peri o d f or ta x determi n in gl oss of re v enue ma y be fis c al year 200 9 or fiscal year 2010 . S EC. 6 09. (a) F E D E RAL S H ARE OF D IS AS T ER A SSISTA N CE. —N ot -w ithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance provided under section 4 06 of the Robert T . Stafford Disaster Relief and E mergency Assistance Act (42 U .S. C . 5 1 7 2), for damages resulting from H urricane Ik e (FE M A – 1791–DR and FEMA–1792– DR), shall be 90 percent of the eligible costs under such section and shall be 100 percent of such costs under sections 403 and 407 of such Act (42 U.S.C. 5170b and 5173). (b) Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for FEMA–1841–DR shall be 90 percent of the eligible costs under such section and shall be 100 percent of such costs under sections 403 and 407 of such Act (42 U.S.C. 5170b and 5173). (c) Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for FEMA–1838–DR shall be 90 percent of the eligible costs under such section and shall be 100 percent of such costs under sections 403 and 407 of such Act (42 U.S.C. 5170b and 5173). (d) A P PLICA B ILIT Y .—The Federal share provided by subsections (a), (b), and (c) shall apply to disaster assistance provided before, on, or after the date of enactment of this Act. TIT L E V II DE P ARTMENT O F THE INTERIOR DEPART M ENT- W IDE PRO G RAMS W ILDLAND FIRE MANAGEMENT ( INCL U DING TRANSFER OF FUNDS ) For an additional amount to cover necessary expenses for wild- fire suppression and emergency rehabilitation activities of the Department of the Interior, $ 50,000,000, to remain available until expended
 * Provide

d , That such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of the Interior noti- fies the Committees on Appropriations of the House of Representa- tives and the Senate in writing of the need for these additional funds: Provided fu r th er, That the Secretary of the Interior may transfer any of these funds to the Secretary of Agriculture if the transfer enhances the efficiency or effectiveness of Federal wildland fire suppression activities. Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/1904

 123STA T . 1 8 8 4PUBLIC LA W 111 – 32 —J U NE 24, 2 0 0 9DEPARTM E N T OF A G R ICUL TURE F ORESTS ER VIC E W I LD L AN D F IRE M ANA G EMENT ( INCL U DING TRANSFER OF FUNDS ) F oran a d d it iona l a m o u nt to c o ve r nece s sar y e xp enses f or w ild - fire suppression and emer g ency re h a b ilitation activities of the Forest Service ,$20 0,000,000, to remain available until expended
 * Provide

d , That such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of Agriculture notifies the Committees on Appropriations of the H ouse of Representatives and the Senate in writing of the need for these additional funds: Pro - vided fu r th er, That the Secretary of Agriculture may transfer not more than $ 5 0,000,000 of these funds to the Secretary of the Interior if the transfer enhances the efficiency or effectiveness of Federal wildland fire suppression activities . GENERAL PRO V ISION — THIS TITLE SEC. 7 0 1 . Public Law 111 –8, division E, title III, Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, Toxic Substances and Environmental Public Health is amended by inserting ‘ ‘per eligible employee ’ ’ after ‘‘$1,000’’. TITLE VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR C H ILDREN AND FAMILIES REFUGEE AND ENTRANT ASSISTANCE For an additional amount for ‘‘Refugee and Entrant Assistance’’ for necessary expenses for unaccompanied alien children as author- i z ed by section 46 2 of the Homeland Security Act of 2002 and section 2 3 5ofthe W illiam Wilberforce Traffic k ing Victims Protec- tion Reauthorization Act of 2008, $82,000,000, to remain available through September 30, 2011. OFFICE OF THE SECRETAR YP U B LIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’ to prepare for and respond to an influenza pan- demic, including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to international needs relating to the 200 9 –H1N1 influenza out- break, $1,850,000,000, to remain available until expended: Provided, That no less than $350,000,000 shall be for upgrading State and Ante,p.738 . Notif i ca tio n .


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Page:United States Statutes at Large Volume 123.djvu/1905

 123STA T . 1 8 8 5PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9loca lca p ac ity:Provide d fu r th er ,Th at n ol es s than $20 0,000,000 shall b et r ans f erre d to the C enters for D isease Control and P re v en - tion to carry o u t g lobal and do m estic disease surveillance, laboratory capacity and research, laboratory diagnostics, ris k communication, rapid response, and q uarantine: Provided further, That products purchased w ith these funds may, at the discretion of the S ecretary of H ealth and Human Services (‘ ‘Secretary ’ ’ ) , be deposited in the Strategic N ational Stockpile under section 319F– 2 of the Public Health Service A ct: Provided further, That notwithstanding section 4 9 6 (b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influen z a vaccine and other biologics, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated in this paragraph and not specifically designated in this paragraph may be transferred to, and merged with, other appropriation accounts of the Department of Health and Human Services and other Federal agencies, as determined by the Secretary to be appropriate, to be used for the purposes specified in this paragraph and to the fund authorized by section 319F–4 of the Public Health Service Act: Provided further , That transfers to other Federal agencies shall be made in consultation with the Director of the O ffice of M anagement and B udget: Provided further, That 1 5 days prior to transferring any funds in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of R epresentatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act . For an additional amount for ‘‘Public Health and Social Services E mergency Fund’’ to prepare for and respond to an influenza pan- demic, including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to international needs, $5, 8 00,000,000, to remain available until e x pended: Provided, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act: Provided further, That funds provided in this paragraph shall be available for obliga- tion only in the amounts designated by the President in one or more written notices to the Congress as emergency funds required to address critical needs related to emerging influenza viruses: Provided further, That funds appropriated in this paragraph may be transferred to, and merged with, other appropriation accounts of the Department of Health and Human Services and other Federal agencies to be used for the purposes specified in this paragraph and to the fund authorized by section 319F–4 of the Public Health Service Act: Provided further, That transfers to other Federal agen- cies shall be made in consultation with the Director of the Office of Management and Budget: Provided further, That none of the funds provided in this paragraph shall be made available for obliga- tion until 15 days following the submittal of a detailed obligation plan to the Committees on Appropriations of the House of Rep- resentatives and the Senate by the Department of Health and Deadlin e .Ob li g a t i o n p lan. C on su ltation. Pr esident. N oti c es. Deadline. Noti f ication. Consultation.


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Page:United States Statutes at Large Volume 123.djvu/1906

 123STA T . 1 8 8 6PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9HumanServic e so ran y o th er F e d era l a g ency receiving f unds
 * Pro-vide

d fu r th er ,T hat such p lan shall b e coordinated w ith the Ex ecu - tive O ffice of the P resident, shall identify the amounts and the activities for which funds are specified by the President, and shall be sub j ect to reprogramming procedures: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other A ct .G E N E R A L PRO VI SIONS — THIS TITLE (TRANSFE R O FF U N D S ) SE C . 801 . Section 801 ( a ) of division A of Public Law 111 –5 is amended by inserting ‘ ‘, and may be transferred by the D epart- ment of Labor to any other account within the Department for such purposes ’ ’ before the end period. SEC. 80 2 . Title II of division F of the Omnibus Appropriations Act, 200 9 (Public Law 111–8) is amended under the heading ‘‘ C hil- dren and Families Services Programs’’— (1) by stri k ing the first proviso in its entirety and (2) by striking ‘‘Provided further’’ the first place it appears and inserting ‘‘Provided’’. SEC. 80 3 . The Commissioner of the Rehabilitation Services Administration, or the Director of a designated State unit that has approval to make awards under section 7 23 of the Rehabilita- tion Act, may allocate funds appropriated under the American Reinvestment and Recovery Act of 2009 (Public Law 111–5) (‘‘ARRA’’) for the Centers for Independent Living Program among centers in a State without regard to the priority in section 722(e)(3) or section 723(e)(3) of the Rehabilitation Act of 1973 for funding new centers if the allocation is consistent with the provisions of the State plan submitted under section 70 4 of the Rehabilitation Act and approved by the Commissioner. Such funds and other Independent Living funds available under ARRA that are being set aside by the Department of Education for competitive grants may be used to support multi-year grants of up to 5 years and may be expended by any recipients of such multi-year grants during the project period of the grant, notwithstanding any provision in the Rehabilitation Act limiting the period of availability for obliga- tion or expenditure by the grantee. ( I NC L UDIN G TRANSFER OF FUNDS) SEC. 804. (a) Notwithstanding any other provision of law, during the period from September 1 through September 30, 2009, the Secretary of Education shall transfer to the Career, Technical, and Adult Education account an amount not to exceed $ 10,2 6 0,000 from amounts that would otherwise lapse at the end of fiscal year 2009 and that were originally made available under the Department of Education Appropriations Act, 2009 or any Depart- ment of Education Appropriations Act for a previous fiscal year. (b) Funds transferred under this section to the Career, Tech- nical, and Adult Education account shall be obligated by September 30, 2009. (c) Any amounts transferred pursuant to this section shall be for carrying out Adult Education State Grants, and shall be allocated, notwithstanding any other provision of law, only to those States that received funds under that program for fiscal year 2009 Grants.De a dli ne. T i m e p eri o d. Ante, p. 7 7 5 . Ante, p. 186 .


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Page:United States Statutes at Large Volume 123.djvu/1907

 123STA T . 1 8 8 7PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9tha t wer eat l ea s t 9. 9 p er c e n t less than th o se S tates rece iv e du nder that pro g ra mf or fiscal y ear 20 0 8 . ( d )T he Secretary shall use these additional funds to increase those States ’ allocations under that program up to the amount they received under that program for fiscal year 2008. (e) The Secretary shall notify the C ommittees on A ppropriations of b oth H ouses of Congress of any transfer pursuant to this section. T I T LE I X LE G ISLATI V E BR A N CH CA P IT O L POLICE G EN E RAL E XP EN S ES F or an additional amount for ‘ ‘Capitol Police , General E x penses’’, $71, 6 06,000, to purchase and install a new radio system for the U .S. Capitol Police, to remain available until September 3 0, 2012
 * Provide

d , That the Chief of the Capitol Police may not obligate any of the funds appropriated under this heading without approval of an obligation plan by the Committees on Appropriations of the Senate and the House of Representatives. CONGRESSIONAL BU D GET OFFICE SALAR I ES AN D EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $2,000,000, to remain available until September 30, 2010. TITLE X DEPART M ENT OF DEFENSE MILI T AR Y C O NSTR UC TION, AR M Y ( INCLUDIN G RESCISSION ) For an additional amount for ‘‘Military Construction, Army’’, $1,326,231,000, of which $680,8 5 0,000 shall remain available until September 30, 2010, and of which $6 4 5,381,000 for child develop - ment centers, warrior in transition facilities, hurricane damage repair, and planning and design shall remain available until Sep- tember 30, 2013: Provided, That notwithstanding any other provi- sion of law, such funds may be obligated and expended to carry out planning and design and military construction pro j ects not otherwise authori z ed by law: Provided fu r th er, That of the funds provided under this heading, not to exceed $68,081,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That none of the funds provided under this heading for military construction projects in Afghanistan shall be obligated or expended until the Secretary of Defense certifies to the Committees on Appropriations of both Houses of Congress that a prefinancing statement for each project has been submitted to the North Atlantic Treaty Organization (NATO) for consideration of funding by the NATO Security Investment Program: Provided further, That, notwithstanding any other provision of this Act, of Afghanist an .Cer tifi c ati o n. Obl igation p lan. N otification.


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Page:United States Statutes at Large Volume 123.djvu/1908

 123STA T . 1 8 88 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9thefundsprovi ded under this he a din g,$143 , 2 42, 0 00 are designated asane m ergen cy re q uirement and necessary to meet emergency needs pursuant to sections 403 ( a ) and 423( b )of S.C on. R es. 13 (111th Congress), the concurrent reso l ution on the budget for fiscal year 2010
 * Provide

d fu r th er, T hat of the funds appropriated for ‘ ‘ M ilitary Construction, A rmy ’ ’ under P ublic L a w 110 – 2 5 2, $143,242,000 are hereby rescinded. M IL I TARY C ONS TR UC TION, N A V YAN D MARIN E COR P S F or an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $235, 8 81,000, to remain available until Sep - tember 30, 2013: Provided, That notwithstanding any other provi- sion of law, such funds may be obligated and e x pended to carry out planning and design and military construction pro j ects not otherwise authori z ed by law: Provided further, That of the funds provided under this heading, not to exceed $11,000,000 shall be available for study, planning, design, and architect and engineer services. MILITARY CONSTRUCTION, AIR FORCE For an additional amount for ‘‘Military Construction, Air Force’’, $281, 6 20,000, of which $258,150,000 shall remain available until September 30, 2010, and of which $23,4 7 0,000 for child development centers and planning and design shall remain available until Sep- tember 30, 2013: Provided, That notwithstanding any other provi- sion of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $12,070,000 shall be available for study, planning, design, and architect and engineer services: Provided further , That none of the funds provided under this heading for military construction projects in Afghanistan shall be obligated or expended until the Secretary of D efense certifies to the Committees on Appropriations of both H ouses of Congress that a prefinancing statement for each project has been submitted to the North Atlantic Treaty O rganization (NATO) for consideration of funding by the NATO Security I nvestment Program. MILITARY CONSTRUCTION, DE F ENSE- W IDE For an additional amount for ‘‘Military Construction, Defense- Wide’’, $661,552,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the U nited States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $16 9 ,500,000 shall be for the construc- tion of a National Security Agency data center and $488,000,000 shall be for the construction of hospitals: Provided further, That $1,589,500,000 is hereby authorized for the National Security Agency data center for fiscal years 2009 through 2013 for the purposes of this appropriation: Provided further, That not later than 30 days after the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for the funds provided for hospital construction under this heading. Deadlin e .Exp endi tur e plan. Afgh ani s tan. C ertifi c ati o n.


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Page:United States Statutes at Large Volume 123.djvu/1909

 123STA T . 1 8 8 9PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 NORTHA T LAN T ICT R E AT YO R G ANI Z ATION S EC U RITY I N V E S T M ENT P ROGRAM Foran a d d it iona l a m o u nt f or ‘ ‘Nort h Atlanti c Tr e at y Or g ani z a - tion Security In v e s tment Program ’ ’ ,$10 0,000,000, to remain avail- a b le until e xp ended
 * Provide

d , That not w ithstanding any other provision of law, such funds are authorized for the North Atlantic Treaty Security Investment Program for purposes of section 28 0 6 of title 10, U nited States C ode, and section 2 5 02 of the M ilitary Construction Authorization Act for Fiscal Y ear 200 9( division B of Public L aw 110 –4 1 7).D E P ARTMENT O F DEFENSE BASE CLOSURE ACCOUNT 2005 For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and R ealignment Act of 1990 (10 U.S.C. 2687 note), $26 3 ,300,000, to remain available until expended: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out operation and maintenance, planning and design and military construction pro j ects not other- wise authorized by law. GE NERAL PRO V ISIONS — T H IS TITLE SEC. 1001. None of the funds appropriated in this or any other Act may be used to disestablish, reorganize, or relocate the Armed Forces Institute of Pathology, except for the Armed Forces Medical Examiner and the National Museum of Health and Medi- cine, until the President has established, as re q uired by section 722 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181 122 Stat. 199; 10 U.S.C. 176 note), a J oint Pathology Center, and the Joint Pathology Center is demon- strably performing the minimum requirements set forth in section 722 of the National Defense Authorization Act for Fiscal Year 2008. SEC. 1002. (a) ENTITLEMENT.—Section 3311 of title 38, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: ‘‘(9) An individual who is the child of a person who, on or after September 11, 2001, dies in line of duty while serving on active duty as a member of the Armed Forces.’’; and (2) by adding at the end the following new subsection: ‘‘(f) MARINE GUNNERY SERGEANT JOHN DAVI D FRY SCHOLAR- SHIP.— ‘‘(1) IN GENERAL.—Educational assistance payable by rea- son of paragraph (9) of subsection (b) shall be k nown as the ‘Marine Gunnery Sergeant John David Fry scholarship’. ‘‘(2) DEFINITION OF CHILD.—For purposes of that paragraph, the term ‘child’ includes a married individual or an individual who is above the age of twenty-three years.’’. (b) AMOUNT.—Section 3313(c)(1) of such title is amended by striking ‘‘section 3311(b)(1) or 3311(b)(2)’’ and inserting ‘‘paragraph (1), (2), or (9) of section 3311(b)’’. (c) TIME LIMITATION FOR USE.—Section 3321(b) of such title is amended by adding at the end the following new paragraph:


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Page:United States Statutes at Large Volume 123.djvu/1910

 123STA T . 1 890PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 ‘ ‘ (4)AP P LICAB ILI TY T O C H IL DREN O F DECEA S ED M EMBERS .—Thep e riod d u ri ngw hi c h a n indi v idua l en t itled to educational a s sistance by reason o f section 3 3 1 1(b)( 9 ) m ay use such individ - ual ’ s entitlement e x pires at the end of the 1 5 -year period begin- ning on the date of such individual’s eighteenth birthday.’’. (d) E FFECTI V E D ATE APPLICABILITY.— (1) EFFECTIVE DATE.—The amendments made by this sec- tion shall ta k e effect on August 1 ,20 09. (2) APPLICABILITY.—The S ecretary of V eterans Affairs shall begin making payments to individuals entitled to educational assistance by reason of paragraph (9) of section 3311(b) of title 3 8, U nited States C ode, as added by subsection (a), by not later than August 1, 2010. I n the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on August 1, 2009, and ending on J uly 31, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010. TIT L E X I DE P A R T M E N T OF STATE ADMINISTRATION OF FOREI G N AFFAIRS DIPLOMATIC AND CONS U LAR PROGRAMS ( INCLUDING TRANSFER OF FUNDS ) For an additional amount for ‘‘Diplomatic and Consular Pro- grams’’, $ 99 7 ,890,000, to remain available until September 30, 2010, of which $14 6 ,358,000 is for W orldwide Security Protection and shall remain available until expended
 * Provide

d, That the Secretary of State may transfer up to $137,600,000 of the funds made avail- able under this heading to any other appropriation of any depart- ment or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided fu r th er, That of the funds appropriated under this heading, up to $10,000,000 for public diplomacy activities may be transferred to, and merged with, funds made available under the heading ‘‘International B road- casting Operations’’ for broadcasting activities to the Pakistan- Afghanistan border region. OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Office of Inspector G eneral’’, $24,122,000, to remain available until September 30, 2010, of which $7,000,000 shall be transferred to the Special Inspector General for Ira q Reconstruction for reconstruction oversight, and $7,200,000 shall be transferred to the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight: Provided, That the Spe- cial Inspector General for Afghanistan Reconstruction may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of Timep e r i od.Pay me nts . D ead l ine. 38USC 33 1 1 note. Ex piration date.


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Page:United States Statutes at Large Volume 123.djvu/1911

 123STA T . 1 89 1 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 such s e c tion)f o r fun d s ma dea v ai l a b le for fiscal y ears 20 0 9 and 20 1 0
 * Provide

d fu r th er ,T hat the I ns p ector G eneral of the U nited S tates D epartment of State and the B roadcastin g Board of Gov - ernors, the Special Inspector General for Ira qR econstruction, the Special Inspector General for A fghanistan Reconstruction, and the Inspector General of the United States Agency for International Development shall coordinate and integrate the programming of funds made available under this heading in fiscal year 2009 for oversight of programs in Afghanistan, P a k istan and Iraq: Provided further, That the Secretary of State shall submit to the C ommittees on Appropriations, w ithin 3 0 days of completion, the annual com- prehensive audit plan for the M iddle E ast and South Asia developed by the Southwest Asia J oint Planning Group in accordance with section 84 2 of Public L aw 110 – 181 .EMBAS S Y SE CURIT Y,C ON STRUCTION, AN D MAINTENANCE F or an additional amount for ‘ ‘Embassy Security, Construction, and Maintenance ’ ’, $ 921, 5 00,000, to remain available until e x pended, for worldwide security upgrades, acquisition, and construction as authori z ed, and shall be made available for secure diplomatic facilities and housing for United States mission staff in Afghanistan and Pakistan, and for mobile mail screening units. INTERNATIONA LO R G ANI Z ATIONS CONTRIBUTIONS F OR INTERNATIONAL P EACE K EEPING ACTI V ITIES For an additional amount for ‘‘Contributions for International Peacekeeping Activities’’, $ 7 21,000,000, to remain available until September 30, 2010. U N ITED STATES AGENC Y FOR INTERNATIONAL DE V ELOPMENT FUNDS APPROPRIATED TO T H E PRESIDENT OPERATING E X PENSES For an additional amount for ‘‘Operating Expenses’’, $157, 6 00,000, to remain available until September 30, 2010. CAPITAL INVESTMENT FUND For an additional amount for ‘‘Capital Investment Fund’’, $48,500,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $3,500,000, to remain available until September 30, 2010, for over- sight of programs in Afghanistan and Pakistan. Deadlin e .Au di tp lan.


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Page:United States Statutes at Large Volume 123.djvu/1912

 123STA T . 1 89 2 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 BILATER ALE CON O M ICA S SISTANCE FUNDS A P P RO PR IATE DTOT H E P RESIDENT GL O B AL HEALTH AND C HILD SUR V IVAL F oran a d d it iona l a m o u nt f or ‘ ‘ G lo b al He alt h and Child Sur -v ival ’ ’ ,$150 ,000,000, to remain available until Se p tember 3 0, 2 010
 * Provide

d, That $50,000,000 s hall be made available for pandemi c preparedness and response: Provided fu r th er, That $100,000,000 shall be made available, not w ithstandin g an y other provision of law, e x cept for the U nited States Leadership Against HI V/ AI D S, Tuberculosis and Malaria Act of 2003 ( Public Law 10 8– 25 ) , for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, That notwithstanding any other provision of law, to include minimum funding re q uire- ments or funding directives, if the President determines and reports to the Committees on Appropriations that the human-to-human transmission of the H1N1 virus is efficient and sustained, severe, and is spreading internationally, funds made available under the headings ‘‘Global Health and Child Survival’’, ‘‘Development Assist- ance’’, ‘‘Economic Support Fund’’, and ‘‘Millennium Challenge Cor- poration’’ in prior Acts ma k ing appropriations for the Department of State, foreign operations, and related programs may be made available to combat the H1N1 virus: Provided further, That funds made available pursuant to the authority of the previous proviso shall be sub j ect to prior consultation with, and the regular notifica- tion procedures of, the Committees on Appropriations . INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster Assist- ance’’, $2 7 0,000,000, to remain available until expended. ECONO M IC SUPPORT F UND ( INCLUDING TRANSFER OF FUNDS ) For an additional amount for ‘‘Economic Support Fund’’, $2, 9 73, 6 01,000, to remain available until September 30, 2010: Pro - vided, That of the funds made available under this heading for assistance for the W est Bank and Ga z a, $2,000,000 shall be trans- ferred to, and merged with, funds available under the heading ‘‘United States Agency for International Development, Funds Appro- priated to the President, Office of Inspector General’’ to conduct oversight of programs in the West Bank and Gaza: Provided further, That of the amounts made available for assistance for the West Bank and Gaza, not more than $200,000,000 may be made available for cash transfer assistance to the Palestinian Authority: Provided further, That none of the funds made available under this heading for cash transfer assistance to the Palestinian Authority may be obligated for salaries of personnel of the Palestinian Authority located in Gaza: Provided further, That of the funds appropriated under this heading, up to $10,000,000 may be made available for humanitarian assistance in Burma for individuals and commu- nities impacted by Cyclone Nargis, notwithstanding any other provi- sion of law: Provided further, That of the funds appropriated under this heading for assistance for Afghanistan and Pakistan, assistance Consulta t i on .N oti f i c ation. Pre si d ent. D eter m ination. R e p orts. H1 N1 v irus.


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Page:United States Statutes at Large Volume 123.djvu/1913

 123STA T . 1 89 3 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 maybeprovid ed n o tw it hs tandin g any provision o fl aw that restri c ts assistance to foreign co u ntries for cross border stabili z ation and development programs between A fghanistan and P a k istan or between either country and the C entral Asian republics , and shall be administered by the S pecial R epresentative for Afghanistan and Pakistan at the D epartment of State
 * Provide

d fu r th er, T hat none of the funds appropriated in this title for democracy and civil society programs may be made available for the construction of facilities in the U nited States .AS S I S T A NCEFOR E U RO P E, EURASIA AN D CENTRA L ASIA F or an additional amount for ‘ ‘Assistance for E urope, Eurasia and Central Asia ’ ’, $27 2, 0 00,000, to remain available until Sep - tember 3 0, 20 1 0, of which $2 4 2,000,000 shall be available for assist- ance for G eorgia: Provided, That funds appropriated under this heading may be made available for assistance for other Eurasian countries to meet unanticipated re q uirements only if the Secretary of State determines and reports to the Committees on Appropria- tions that to do so is in the national security interests of the United States: Provided further, That of the funds appropriated under this heading, $30,000,000 may be made available for assist- ance for the K yrgyz Republic to provide a long-range air traffic control and safety system to support air operations in the Kyrgyz Republic, including at M anas I nternational Airport, notwith- standing any other provision of law: Provided further, That funds appropriated under this heading shall be sub j ect to prior consulta- tion with, and the regular notification procedures of, the Committees on Appropriations. DEPART M ENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LA W ENFORCEMENT For an additional amount for ‘‘International N arcotics Control and L aw Enforcement’’, $4 8 7, 5 00,000, to remain available until September 30, 2010: Provided, That not less than $1 6 0,000,000 shall be made available for assistance for Me x ico to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activi- ties: Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consulta- tion with, and the regular notification procedures of, the Committees on Appropriations, except that notifications shall be transmitted at least 5 days in advance of the obligation of any funds appro- priated under this heading: Provided further, That none of the funds appropriated in this title may be made available for the cost of fuel for aircraft provided to Mexico, or for operations and maintenance of aircraft purchased by the Government of Mexico: Provided further, That in order to enhance border security and cooperation in law enforcement efforts between Mexico and the United States, funds appropriated in this title that are available for assistance for Mexico may be made available for the procurement of law enforcement communications equipment only if such equip- ment utilizes open standards and is compatible with, and capable of operating with, radio communications systems and related equip- ment utilized by Federal law enforcement agencies in the United Mexico.C o nsulta tion. N oti f ication. D ea d line. Consultation. Notification. Dete rm ination. R e p orts.


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Page:United States Statutes at Large Volume 123.djvu/1914

 123STA T . 1 894PUBLIC LA W 111 – 32 —J U NE 24, 2 0 09 Sta t es t o e nh an c e b o rd er sec u r i t y and coo p eration in l a w en f orce -m ent efforts between M e x ico and the U nited States .NO N PR O LIFE R AT ION , ANTI-TERRORI SM , D EMININ G AND RELATED PROGRAMS F or an additional amount for ‘ ‘ N onproliferation, A nti- T errorism, D eminin g and R elated P rograms ’ ’, $102 ,000,000, to remain a v ailable until September 3 0, 2010, of which up to $ 7 7,000,000 may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and weapons destruction, and shall remain available until expended
 * Provide

d, That funds made available for the Nonprolifera- tion and Disarmament Fund shall be sub j ect to prior consultation with, and the regular notification procedures of, the C ommittees on Appropriations: Provided fu r th er, That the Secretary of State shall wor k assiduously to facilitate the regular flow of people and licit goods in and out of G a z a at established border crossings. MIGRATION AND REF U GEE ASSISTAN C E For an additional amount for ‘‘Migration and Refugee Assist- ance’’, $3 9 0,000,000, to remain available until expended. I NT E RNATI O NA L SECURIT Y ASSISTANCE FUNDS APPROPRIATED TO T H E PRESIDENT PEACE K EEPING OPERATIONS For an additional amount for ‘‘Peacekeeping Operations’’, $1 85 ,000,000, to remain available until September 30, 2010: Pro - vided, That up to $1 6 8,000,000 may be made available for assistance for Somalia, of which up to $115,900,000 may be used to pay assessed expenses of international peacekeeping activities in Somalia: Provided further, That of the funds appropriated under this heading, $15,000,000 shall be made available for assistance for the Democratic Republic of the Congo and $2,000,000 shall be made available for the Multinational Force and Observer mission in the Sinai. INTERNATIONAL MILITAR Y EDUCATION AND TRAINING For an additional amount for ‘‘International Military Education and Training’’, $2,000,000, to remain available until September 30, 2010, for assistance for Ira q . FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Foreign Military Financing Pro- gram’’, $1,29 4 ,000,000, to remain available until September 30, 2010: Provided, That not less than $260,000,000 shall be made available for assistance for the Mexican Navy and shall be available notwithstanding section 7045 ( e ) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (divi- sion H of Public Law 111 – 8): Provided further, That funds made Consulta t i on .N oti f i c ation.


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


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Page:United States Statutes at Large Volume 123.djvu/1915

 123STA T . 1 895PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 av a il a b l epurs ua nt t o t h e previous proviso shall be available not -w ithstan d in g se c tion 36( b ) o f the A r m s Ex port C ontrol Act
 * Provide

d fu r th er ,T hat of the funds appropriated under this heading, not less than $150 ,000,000 shall be made available for assistance for J ordan: Provided further, That of the funds appropriated under this heading, not less than $555,000,000, shall be available for grants onl y for I srael and shall be disbursed not later than O ctober 30, 2 00 9
 * Provided further, That to the extent that the

G overnment of Israel re q uests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by the U nited S tates and Israel, be available for advanced weapons systems, of which $1 4 5,965,000 shall be available for the procure- ment in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated under this heading, not less than $260,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That funds appropriated pursuant to the previous proviso estimated to be outlayed for Egypt shall be transferred to an interest bearing account for Egypt in the F ederal R eserve B an k of N ew Y ork not later than October 30, 2009: Provided further, That up to $69,000,000 may be made available for assistance for L ebanon .PAKIST A NCOU NT ER INSUR G ENC Y CAPA B I L ITY F UN D( INCLUDING TRANSFER OF FUNDS ) There is hereby established in the Treasury of the United States a special account to be known as the ‘ ‘ P akistan Counterinsur- gency Capability Fund ’ ’. For necessary expenses to carry out the provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act for counterinsurgency activities in Pakistan, $ 7 00,000,000, which shall become available on Sep- tember 30, 2009, and remain available until September 30, 2011: Provided, That such funds shall be available to the Secretary of State, with the concurrence of the Secretary of D efense, notwith- standing any other provision of law, for the purpose of providing assistance for Pakistan to build and maintain the counterinsurgency capability of Pakistani security forces (including the Frontier Corps), to include program management and the provision of equipment, supplies, services, training, and facility and infrastructure repair, renovation, and construction: Provided further, That such funds may be transferred by the Secretary of State to the Department of Defense or other Federal departments or agencies to support counterinsurgency operations and may be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred, or may be trans- ferred pursuant to the authorities contained in the Foreign Assist- ance Act of 1961: Provided further, That the Secretary of State shall, not fewer than 15 days prior to making transfers from this appropriation, notify the Committees on Appropriations, and the congressional defense and foreign affairs committees, in writing of the details of any such transfer: Provided further, That the Secretary of State shall submit not later than 30 days after the end of each fiscal quarter to the Committees on Appropriations a report summari z ing, on a pro j ect-by-project basis, the transfer Deadlin e .R e ports . Deadline. N oti f i c ation. Egy pt. Deadline. I srael. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1916

 123STA T . 1 896PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 of f unds f r o mthi s ap propriation
 * Provide

d fu r th er ,T hat upon d e ter - mination by the S e c retary of D efense or head of other F edera l department or a g ency ,w ith the concurrence of the Secretary of State, that all or part of the funds so transferred from this appro- priation are not necessary for the purposes herein, such amounts may be transferred by the head of the rele v ant Federal department or agency bac k to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further, That any re q uired notification or report may be submitted in classified or unclassified form .GEN E RALP R OVI SIONS — T H IS TITLE EXT E NSIO NO FAU T H O R ITIES SE C . 1 1 0 1. Funds appropriated in this title may be obligated and e x pended notwithstanding section 10 of Public Law 9 1 –672, section 1 5 of the State Department B asic Authorities Act of 1956, section 3 13 of the Foreign Relations Authori z ation Act, Fiscal Y ears 199 4 and 1995 ( Public Law 103–236 ) , and section 504(a)(1) of the National Security Act of 1947 (50 U .S. C . 414(a)(1)). AF G HANISTAN SEC. 1102. (a) IN GENERA L .—Funds appropriated in this title under the heading ‘ ‘Economic Support Fund ’ ’ that are available for assistance for Afghanistan shall be made available, to the max- imum extent practicable, in a manner that utilizes Afghan entities and emphasizes the participation of Afghan women and directly improves the security, economic and social well-being, and political status, of Afghan women and girls. (b) ASSISTANCE FOR W O M EN AN D GIRLS.— (1) Funds appropriated in this title for assistance for Afghanistan shall comply with sections 7062 and 7063 of Public Law 111– 8, and shall be made available to support programs that increase participation by women in the political process, including at the national, provincial, and sub-provincial levels, and in efforts to improve security in Afghanistan. (2) Of the funds appropriated for assistance for Afghanistan in fiscal year 2009 under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforce- ment’’, not less than $ 150,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, including for the Afghan Independent Human Rights Commission, the Afghan M inistry of Women’s Affairs, and for women-led nongovernmental organizations. (c) PROCUREMENT OF AFGHAN PRODUCTS AND SER V ICES.— (1) IN GENERAL.—Funds made available for assistance for Afghanistan in this title and in prior acts appropriating funds for Department of State, foreign operations, and related pro- grams, may be used to conduct procurements and to award assistance instruments in which— (A) competition is limited to products, services, or sources that are from Afghanistan (B) procedures other than competitive procedures are used to award a contract or assistance instrument to a particular source or sources from Afghanistan; or Det e rmina ti o n .


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Page:United States Statutes at Large Volume 123.djvu/1917

 123STA T . 1 897PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 (C)apref ere nc e is pr ov i d ed for prod u c t s , services, or sources t h at are fro mA f g hanistan . ( 2 ) PRODUCTS ,S E R VI CES, AN D SOURCES F RO M AF GH ANI - STAN. —F or the purposes of this section (A) A product is from Afghanistan if it is mined, pro- duced, or manufactured in Afghanistan. ( B ) A service is from Afghanistan if it is performed in Afghanistan by citi z ens or permanent resident a l iens of Afghanistan. (C) A source is from Afghanistan if it— (i) is located in Afghanistan and (ii) offers products or services that are from Afghanistan. ( 3 ) R E P ORTING AND CONSU L TING RE Q UIREMENT.— N ot less than 180 days after enactment of this Act the S ecretary of State shall submit a report to the Committees on Appropria- tions on efforts underta k en by the D epartment of State and the U nited States Agency for I nternational Development (USAID) to utilize this authority in order to enhance participa- tion by Afghan entities in development activities in Afghani- stan: Provide d, T hat the Secretary of State and the Adminis- trator of USAID shall consult w ith the Committees on Appro- priations regarding the e x ercise of the authority of this sub- section and prior to submitting the report re q uired by this paragraph: Provided fu r th er, That the exercise of such authority in excess of $ 1 5 ,000,000 for any single contract or assistance instrument is sub j ect to the regular notification procedures of the Committees on Appropriations. (d) ANTICORRUPTION.—Ten percent of the funds appropriated under the heading ‘ ‘International Narcotics Control and L aw E nforcement ’ ’ that are available for assistance for the G overnment of Afghanistan shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that the Government of Afghanistan is implementing a policy to promptly remove from office any government official who is credibly alleged to have engaged in narcotics trafficking, gross violations of human rights, or other major crimes. (e) ACQUISITION OF PROPERT Y .—Not more than $20,000,000 of the funds appropriated in this title should be made available to pay for the acquisition of property for diplomatic facilities in Afghanistan. (f) UNITED NATIONS DEVELOPMENT PROGRAM.—Funds appro- priated in this title may be made available for programs and activi- ties of the United Nations Development Program (UNDP) in Afghanistan if the Secretary of State reports to the Committees on Appropriations that UNDP is fully cooperating with efforts of the United States Agency for International Development (USAID) to investigate expenditures by UNDP of USAID funds associated with the Q uick Impact Program in Afghanistan. (g) NATIONAL SOLIDARITY PROGRAM.— O f the funds appropriated in this title under the heading ‘‘Economic Support Fund’’ that are available for assistance for Afghanistan, not less than $ 7 0,000,000 shall be made available for the National Solidarity Program. (h) AIR W INGS.—The uses and oversight of aircraft purchased or leased by the Department of State and the United States Agency for International Development by funds appropriated by this Act


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 123STA T . 1 89 8 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 orp r i or Actsmak i ng appropriations f ort heD epartment of S tate , foreign operations an d re l ated programs shall b e coordinated u nder the authorit y of the U nited States C hief of M ission in Afghanistan
 * Provide

d, T hat such aircraft may be used to transport F ederal and non - Federal personnel supporting the Department of State and United States Agency for I nternational De v elopment programs and activities: Provided fu r th er, That official travel for other agen- cies for other purposes may be supported on a reimbursable basis, or w ithout reimbursement when traveling on a space available basis .AL L OC A TI O NS S E C. 1 1 03 . ( a ) Funds appropriated in this title for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the j oint statement accompanying this Act: (1) ‘ ‘Diplomatic and Consular P rograms ’ ’. ( 2 )‘‘ E mbassy Security, Construction, and Maintenance’’. (3) ‘‘Economic Support Fund’’. ( 4 ) ‘‘International N arcotics Control and L aw Enforcement’’. (b) For the purposes of implementing this section, and only with respect to the tables included in the joint statement accom- panying this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations and section 6 34A of the For- eign Assistance Act of 1 9 61. S P EN D IN G PLAN AND NOTI F ICATION P R OCED U RES SEC. 1104. (a) SPENDING PLAN. — Not later than 4 5 days after the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for Inter- national Development, shall submit to the Committees on Appro- priations a report detailing planned e x penditures for funds appro- priated in this title, except for funds appropriated under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and R efugee Assistance’’. (b) NOTIFICATION.—Funds made available in this title shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. GLO B AL FINANCIAL CRISIS SEC. 1105. (a) IN G ENERAL.— O f the funds appropriated in this title under the heading ‘‘Economic Support Fund’’, not more than $ 255,601,000 may be made available for assistance for vulner- able populations in developing countries severely affected by the global financial crisis that— (1) have a 200 7 per capita Gross National Income of $3,705 or less (2) have seen a contraction in predicted growth rates of 2 percent or more since 2007; and Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/1919

 123STA T . 1 89 9 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 (3)demonstra te c ons i stent im p ro v ement on t h e democrac y and g overnance indicators as meas u red b y the M i l lennium C hallenge Corporation 20 0 9 Country S coreboo k. (b) TRANSFE R AUTHO R I TIES. —Of the funds appropriated in this title under the heading ‘ ‘ E conomic Support F und ’ ’ for developing countries impacted by the global financial crisis— ( 1 )upto $ 29, 000,000 may be transferred and merged w ith ‘‘ D evelopment Credit Authority’’, for the cost of direct loans and loan guarantees notwithstanding the dollar limitations in such account on transfers to the account and the principal amount of loans made or guaranteed with respect to any single country or borrower
 * Provide

d, That such transferred funds may be available to subsidi z e total loan principal, any portion of which is to be guaranteed, of up to $2,000,000,000: Provided fu r th er, That the authority provided by the previous proviso is in addition to authority provided under the heading ‘‘Develop - ment Credit Authority’’ in P ublic L aw 111 –8
 * Provided further,

That up to $1, 5 00,000 may be for administrative e x penses to carry out credit programs administered by the U nited States Agency for I nternational Development and (2) up to $20,000,000 may be transferred to, and merged with, ‘‘Overseas Private Investment Corporation Program Account’’: Provided, That the authority provided in this para- graph is in addition to authority provided in section 7 081 in Public Law 111–8. (c) R E P RO G RA M MING AUTHORIT Y .— N otwithstanding any other provision of law, funds appropriated under the heading ‘‘Millennium Challenge Corporation’’ (MCC) in prior Acts making appropriations for the Department of State, foreign operations, and related pro- grams may be made available for programs and activities to assist vulnerable populations severely affected by the global financial crisis in a country that has signed a compact with the MCC or has been designated by the MCC as a threshold country: Provided, That such a modification of a compact or threshold program by the MCC should be made, if practicable, prior to making available additional assistance for such purposes: Provided further, That the MCC shall consult with the Committees on Appropriations prior to exercising the authority of this subsection. (d) REPORT.—The Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall submit a spending plan not later than 4 5 days after the date of enactment of this Act to the Committees on Appropriations, and prior to the initial obligation of funds appro- priated for countries impacted by the global economic crisis, detailing the use of all funds on a country-by-country, and pro j ect- by-project basis: Provided , That for each project, the report shall include (1) the projected long-term economic impact of providing such funds; (2) the name of the entity or implementing organization to which funds are being provided; (3) whether funds will be pro- vided as a direct cash transfer to a local or national government entity; and (4) an assessment of whether USAID has reviewed its existing programs in such country to determine reprogramming opportunities to increase assistance for vulnerable populations: Pro - vided further, That funds transferred to the Development Credit Authority and the Overseas Private Investment Corporation are subject to the reporting re q uirements in section 1104. Consulta t i on .


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Page:United States Statutes at Large Volume 123.djvu/1920

 123STA T . 1 90 0 PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 IRAQSEC.1 1 06 . (a)ING ENERA L . —Funds a p p ro pr i a te dint h is tit l e that are a v aila b le f or assistan c e for Ira q shall be m ade available , to the ma x imum extent practicable, in a manner that utili z es Iraqi entities. (b) M A T C H IN GR EQ U IRE M ENT.—Funds appropriated in this title for assistance for Iraq shall be made available in accordance w ith the D epartment of State ’ s A pril 9, 2 009, ‘ ‘Guidelines for Government of Iraq Financial P articipation in U nited States Government - Funded C ivilian Forei g n Assistance Programs and Pro j ects’’. (c) O THER A S SISTANCE.—Of the funds appropriated in this title under the heading ‘‘ E conomic Support Fund’’, not less than $ 1 5 ,000,000 shall be made available for targeted development pro- grams and activities in areas of conflict in Iraq, and the responsi- bilit y for policy decisions and justifications for the use of such funds shall be the responsibility of the United States Chief of Mission in Iraq. P R O HI B ITION ON ASSISTANCE TO HAMAS SEC. 110 7 . (a) N one of the funds appropriated in this title may be made available for assistance to H amas, or any entity effectively controlled by Hamas or any power-sharing government of which Hamas is a member. (b) Notwithstanding the limitation of subsection (a), assistance may be provided to a power-sharing government only if the Presi- dent certifies in writing and reports to the Committees on Appro- priations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620 K (b)(1)(A) and ( B ) of the Foreign Assistance Act of 1961. (c) T he President may exercise the authority in section 620K(e) of the Foreign Assistance Act as added by the Palestinian Anti- Terrorism Act of 2006 (Public L aw 109 –4 46) with respect to this section. (d) W henever the certification pursuant to subsection (b) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent, are continuing to comply with the principles contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961. The report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. TERMS AN D CONDITIONS SEC. 110 8 . Unless otherwise provided for in this Act, funds appropriated or otherwise made available in this title shall be available under the authorities and conditions provided in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8), except that sections 7070(e), with respect to funds made available for macroeconomic growth assistance for Z imbabwe, and 7042(a) and (c) of such Act shall not apply to funds made available in this title. Deadlin e .Pr e s iden t . C erti f i c ati o n. R e p orts.


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Page:United States Statutes at Large Volume 123.djvu/1921

 123STA T . 1 90 1 PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 MULTI L A T ER AL D E V EL OP ME N T B AN K REPLENI SH MENTS S E C.1 1 09 . (a)I NTERNATIONAL D EVELOPMENT A SSOCIATION. —The I nt e r nat io na l De v elo pm ent A s so c iation Act ( 2 2 U .S. C . 2 84 et se q .) is amen d ed by addin g at the end thereo f the follo w ing

‘ SEC.24 . FI F T EE N T HR E PL ENISH M ENT. ‘ ‘(a) The United States G overnor of the International Develop - ment Association is a u thori z ed to contribute on behalf of the United States $3,7 0 5 ,000,000 to the fifteenth replenishment of the resources of the Association, sub j ect to obtaining the necessary appropriations. ‘‘(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, with- out fiscal year limitation, $3,705,000,000 for payment by the Sec- retary of the Treasury. ‘‘SEC. 2 5 .M U LTIL A TERAL D E B T RELIEF. ‘‘(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $35 6 ,000,000 to the International Development Association for the purpose of funding debt relief under the M ultilateral Debt R elief Initiative in the period governed by the fifteenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in e x istence on the date of the enactment of this section. ‘‘(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, with- out fiscal year limitation, not more than $356,000,000 for payment by the Secretary of the Treasury. ‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative ’ means the proposal set out in the G8 F inance Ministers’ Commu- nique entitled ‘Conclusions on Development,’ done at L ondon, J une 11, 2005, and reaffirmed by G8 H eads of State at the Gleneagles Summit on July 8, 2005.’’. (b) A F RICAN DEVELOPMENT FUND.—The African Development Fund Act (22 U.S.C. 290 et seq.) is amended by adding at the end thereof the following: ‘‘SEC. 2 19 . ELE V ENTH REPLENISHMENT. ‘‘(a) The United States Governor of the African Development Fund is authorized to contribute on behalf of the United States $468,165,000 to the eleventh replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. ‘‘(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, with- out fiscal year limitation, $468,165,000 for payment by the Secretary of the Treasury. ‘‘SEC. 22 0 . MULTILATERAL DEBT RELIEF INITIATIVE. ‘‘(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $26,000,000 to the African Development Fund for the purpose of funding debt relief under the Multilateral Debt Relief Initiative in the period governed by the eleventh replenishment of resources of the African Develop- ment Fund, subject to obtaining the necessary appropriations and 2 2 USC 2 90g–1 9 . 22 USC 290g–1 8 . 22 USC 28 4w . 22 USC 284 v .


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Page:United States Statutes at Large Volume 123.djvu/1922

 123STA T . 1 90 2 PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 withou t prej u d i c eto anyf undin g arrange m ent s ine x istence on the date of the enactment of this section .‘ ‘ (b)I n order to pay for the U nited S tates contribution pro v ided for in subsection (a) , there are authori z ed to be appropriated, with - out fisca l year limitation, not more than $26, 0 00,000 for payment by the Secretary of the T reasury. ’ ’. PROM O TI O N O F PO L I CYG O A L S ATT HEW ORL DB AN K GRO U P SEC. 1 110. Title XV I of the International F inancial Institutions A ct (22 U.S. C . 262p et se q .) is amended by adding at the end thereof the following

‘ SEC.162 6. R E FO R M OF TH E‘ D O INGBU SINESS ’ RE P ORT OF THE W OR L DB A N K . ‘‘(a) The Secretary of the Treasury shall instruct the United States E xecutive D irectors at the International B an k for R econstruction and Development, the International Development Association, and the International Finance Corporation of the fol- lowing United States policy goals, and to use the voice and vote of the United States to actively promote and work to achieve these goals: ‘‘(1) Suspension of the use of the ‘Employing W orkers’ Indi- cator for the purpose of ranking or scoring country performance in the annual Doing Business Report of the World Bank until a set of indicators can be devised that fairly represent the value of internationally recognized workers’ rights, including core labor standards, in creating a stable and favorable environ- ment for attracting private investment. The indicators shall bring to bear the experiences of the member governments in dealing with the economic, social and political complexity of labor market issues. The indicators should be developed through collaborative discussions with and between the World Bank, the International Finance Corporation, the International L abor O rganization, private companies, and labor unions. ‘‘(2) Elimination of the ‘Labor Tax and Social Contributions’ Subindicator from the annual Doing Business Report of the World Bank. ‘‘( 3 ) Removal of the ‘Employing Workers’ Indicator as a ‘guidepost’ for calculating the annual Country P olicy and Institutional Assessment score for each recipient country. ‘‘(b) Within 60 days after the date of the enactment of this section, the Secretary of the Treasury shall provide an instruction to the United States Executive Directors referred to in subsection (a) to take appropriate actions with respect to implementing the policy goals of the United States set forth in subsection (a), and such instruction shall be posted on the website of the Department of the Treasury. ‘‘SEC. 162 7 . ENHANCING THE TRANSPARENC Y AND EFFECTI V ENESS OF THE INSPECTION PANEL PROCESS OF THE WORLD BANK. ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTATION OF M ANAGEMENT ACTION PLANS. — The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to seek to ensure that World Bank Procedure 1 7 . 5 5, which estab- lishes the operating procedures of Management with regard to the Inspection Panel, provides that Management prepare and make Public i nformat ion .Rep ort s . 2 2 USC 2 6 2p –10 . D ea d line. I nstructions. W eb postin g . 22 USC 262p– 9.


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 123STA T . 1 90 3 PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 av a il a b l eto t h e pu bli cs e m ia n nual p r o g ress reports d escribing implementation o fA ction P lans considered b y the B oard allo w and receive comments from R e q uesters and other Affected Parties for two months after the date of disclosure of the progress reports; post these comments on W orld Ban k and I nspection Panel websites ( after receiving permission from the requestors to post with or without attribution ) comments received; and make public the substance of any actions taken by the Board after Board consideration of the reports .‘ ‘(b) SAFEGU A RDIN G TH E INDE P ENDEN C E AND E FFECTI V ENE S S O F THE INSPECTION PANE L . —T he Secretary of the Treasury shall direct the U nited States E x ecutive D irectors at the World Bank to con - tinue to promote the independence and effectiveness of the Inspec- tion Panel , including by seeking to ensure the availability of, and access by claimants to, the Inspection Panel for pro j ects supported by World Bank resources. ‘‘(c) EVALUATION OF C OUNTR Y SYSTE M S.—The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to request an evaluation by the Independent Evaluation G roup on the use of country environmental and social safeguard systems to determine the degree to which, in practice, the use of such systems provides the same level of protection at the project level as do the policies and procedures of the World Bank. ‘‘(d) WORLD BAN K DEFINED.—In this section, the term ‘World Bank ’ means the International Bank for Reconstruction and Development and the International Development Association.’’. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING SEC. 1 111. Title X III of the International F inancial Institutions Act ( 2 2 U.S.C. 2 6 2m et seq.) is amended by adding at the end thereof the following
 * submit the reports to the Board with any

‘ SEC.1308 . C LIMAT EC H A NG E MITIGATI O NAN D G R EENHO U SE GAS ACCOUNTING. ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.—The Secretary of the Treasury shall seek to ensure that multilateral development banks (as defined in section 1 70 1(c)( 4 ) of this Act) adopt and imple- ment greenhouse gas accounting in analy z ing the benefits and costs of individual projects (excluding those with de minimus green- house gas emissions) for which funding is sought from the bank. ‘‘(b) E X PANSION OF CLIMATE CHANGE M ITIGATION ACTIVITIES.— The Secretary of the Treasury shall work to ensure that the multi- lateral development banks (as defined in section 1701(c)(4)) expand their activities supporting climate change mitigation by— ‘‘(1) significantly expanding support for investments in energy efficiency and renewable energy, including zero carbon technologies; ‘‘(2) reviewing all proposed infrastructure investments to ensure that all opportunities for integrating energy efficiency measures have been considered; ‘‘( 3 ) increasing the dialogue with the governments of devel- oping countries regarding— ‘‘(A) analysis and policy measures needed for low carbon emission economic development; and 2 2 USC 2 6 2 m–8.


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 123STA T . 1 904PUBLIC LA W 111 – 32 —J U NE 24, 2009 ‘ ‘ (B)refo r msn ee d ed t o p romote pr iva te se c tor invest - ments in ener gy efficiency and rene w a bl e energy , incl u ding z ero carbon tec h nologies and ‘‘( 4 ) integrate low carbon emission economic development ob j ectives into multilateral development ban k country strate- gies . ‘‘(c) REPORT TO C O NG RE S S. —N ot later than 1 year after the date of the enactment of this section, and annually thereafter, the S ecretary of the T reasury shall submit a report on the status of efforts to implement this section to the Committee on F oreign Relations and the Committee on A ppropriations of the Senate and the Committee on Financial Services and the Committee on Appro- priations of the H ouse of Representatives. ’ ’. MUL T I L A TERAL D E V ELOPMENT B AN K RE F ORM SE C . 111 2 . (a) BUDGET D ISCLOSURE.—The Secretary of the Treasury shall seek to ensure that the multilateral development banks make timely, public disclosure of their operating budgets including e x penses for staff, consultants, travel and facilities. (b) E VALUATION.—The Secretary of the Treasury shall seek to ensure that multilateral development banks rigorously evaluate the development impact of selected bank projects, programs, and financing operations, and emphasize use of random assignment in conducting such evaluations, where appropriate and to the extent feasible. (c) E X TRACTIVE I NDUSTRIES.—The Secretary of the Treasury shall direct the U nited States Executive Directors at the multilat- eral development banks to promote the endorsement of the Extrac- tive Industry Transparency Initiative (EITI) by these institutions and the integration of the principles of the EITI into extractive industry-related projects that are funded by the multilateral development banks. (d) REPORT.—Not later than September 30, 200 9 , the Secretary of the Treasury shall submit a report to the Committee on Appro- priations and the Committee on Foreign Relations of the Senate, and the Committee on Appropriations and the Committee on Finan- cial Services of the House of Representatives, detailing actions taken by the multilateral development banks to achieve the objec- tives of this section. (e) COORDINATION OF DEVELOPMENT P OLIC Y .—The Secretary of the Treasury shall consult with the Secretary of State, the Administrator of the United States Agency for International Development, and other Federal agencies, as appropriate, in the formulation and implementation of United States policy relating to the development activities of the W orld Bank G roup. OVERSEAS COMPARABILITY PAY AD J USTMENT SEC. 1113. (a) Subject to such regulations prescribed by the Secretary of State, including with respect to phase-in schedule and treatment as basic pay, and notwithstanding any other provi- sion of law, funds appropriated for this fiscal year in this or any other Act may be used to pay an eligible member of the Foreign Service as defined in subsection (b) of this section a locality-based comparability payment (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5 304 of title


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Page:United States Statutes at Large Volume 123.djvu/1925

 123STA T . 1 905PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 5,UnitedS t a te sCo dei f s uchm em b e r’ s officia l dut y station w ere in the D istrict of Columbia .( b )A member of the Ser v ice shall be eli g ible for a p ayment under this section only if the member is designated class 1 or below for purposes of section 403 of the F oreign Service Act of 1 98 0( 2 2 U.S.C. 39 6 3) and the member’s official duty station is not in the continental United States or in a non - foreign area, as defined in section 591.205 of title 5, Code of Federal R egulations. (c) T he amount of any locality-based comparability payment that is paid to a member of the Foreign Service under this section shall be sub j ect to any limitations on pay applicable to locality- based comparability payments under section 5304 of title 5, United States Code. REFUG EE P R O GR AMS A ND O V ERS I G HT( IN CL UDING TRANSFER OF FUNDS ) SEC. 1114. (a) FUNDING. —O f the funds appropriated in this title under the heading ‘ ‘ M igration and Refugee Assistance’’, up to $ 119,000,000 may be made available to the United N ations Relief and W or k s Agency for activities in the West B ank and G a z a. (b) OVERSIGHT.—Of the funds made available in this title under the heading ‘‘ E conomic Support Fund’’ for assistance for the West Bank and Gaza, $1,000,000 shall be transferred to, and merged with, funds available under the heading ‘‘Administration of Foreign Affairs, Office of I nspector General’’ for oversight of programs in the West Bank, Gaza and surrounding region. TECHNICAL AND OTHER PROVISIONS SEC. 1115. (a) MODIFICATION.—Title III of division H of P ublic L aw 111 – 8 is amended under the heading ‘‘Economic Support Fund’’ in the second proviso by striking ‘‘up to $20,000,000’’ and inserting ‘‘not less than $20,000,000’’. (b) NOTIFICATION RE Q UIREMENT.—Funds appropriated by this Act that are transferred to the Department of State or the United States Agency for International Development from any other Fed- eral department or agency shall be subject to the regular notification procedures of the Committees on Appropriations, notwithstanding any other provision of law. (c) REEMPLO Y MENT OF ANNUITANTS.— (1) Section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) is amended in subsection (g)(1) by inserting ‘‘, Pakistan,’’ after ‘‘Ira q ’’ each place it appears and, in subsection (g)(2) by striking ‘‘2009’’ and inserting instead ‘‘2010’’. (2) Section 61 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2 7 33) is amended in subsection (a)(1) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection (a)(2) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. (3) Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection (j)(1)(B) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. Ante,p.846 .


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 123STA T . 1 906PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 (d)INCE N TIV E SFORC RITIC ALP OSTS .—Notwi t hs t an din g s ec tions 57 5 3 (a)( 2 )( A ) and 575 4 (a)(2)(A) o f tit l e5 ,U nited S tates Code, a p p r o - priations m ade a v aila b leb y this or any other Act may be u sed to pay recruitment, relocation, and retention bonuses under chapter 57 of title 5, United States Code to members of the F oreign Service, other than chiefs of mission and ambassadors at large, who are on official duty in Ira q , Afghanistan, or Pa k istan. T his authority shall terminate on O ctober 1 ,2 0 10. (e) Of the funds appropriated under the heading ‘ ‘Foreign M ili- tary Financing Program ’ ’ in Public L aw 110 – 1 6 1 that are available for assistance for Colombia, $ 500,000 may be transferred to, and merged with, funds appropriated under the heading ‘‘International Narcotics Control and Law E nforcement’’ to provide medical and rehabilitation assistance for members of Colombian security forces who have suffered severe in j uries. AF GH ANISTAN AN DP A K ISTAN CO M MITMENT AND CAPA B ILITIES REPORT SEC. 1116. (a) R EPORTING RE QU IREMENT.—Not later than the date of submission of the fiscal year 2011 budget request, the President shall submit a report to the appropriate congressional committees, in classified form if necessary, assessing the e x tent to which the Afghan and Pakistani governments are demonstrating the necessary commitment, capability, conduct and unity of purpose to warrant the continuation of the President’s policy announced on March 27, 200 9, to include (1) the level of political consensus and unity of purpose across ethnic, tribal, religious and political party affiliations to confront the political and security challenges facing the region (2) the level of government corruption that undermines such political consensus and unity of purpose, and actions taken to eliminate it; (3) the actions taken by respective security forces and appropriate government entities in developing a counterinsur- gency capability, conducting counterinsurgency operations and establishing security and governance on the ground; (4) the actions taken by respective intelligence agencies in cooperating with the United States on counterinsurgency and counterterrorism operations and in terminating policies and programs, and removing personnel, that provide material support to extremist networks that target United States troops or undermine United States objectives in the region; (5) the ability of the Afghan and Pakistani governments to effectively control and govern the territory within their respective borders; and (6) the ways in which United States G overnment assistance contributed, or failed to contribute, to achieving the actions outlined above. (b) POLIC Y ASSESSMENT.—The President, on the basis of information gathered and coordinated by the National Security Council, shall advise the appropriate congressional committees on how such assessment requires, or does not require, changes to such policy. (c) D EFINITION.—For purposes of this section, ‘‘appropriate congressional committees’’ means the Committees on Appropria- tions, Foreign Relations and Armed Services of the Senate, and Presid e nt.T er m in a ti o n date.


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Page:United States Statutes at Large Volume 123.djvu/1927

 123STA T . 1 907PUBLIC LA W 111 – 32 —J U NE 2 4, 2009 theCom m i ttee s o nAp p r opri a tions ,F orei g nA f fairs an d Armed S er v- i c es of the H o u se of R epresentatives .UNITEDS T A TES POL I CYR EPORT ON A FGH ANISTAN AND PA K ISTAN SEC. 1 11 7 . ( a ) STATE M ENT OF OBJ ECTI V ES. —N ot l ater than 90 da y s after the date of the enactment of this Act, the P resident shall su b mit to the appropriate congressional committees a clear statement of the ob j ectives of U nited States policy w ith respect to Afghanistan and Pa k istan, and the metrics to be utili z ed to assess progress toward achieving such objectives. (b) REPORTING RE Q UIREMENT.—Not later than M arch 3 0, 2 010 and every 1 8 0 days thereafter until September 30, 2011, the Presi- dent, in consultation with Coalition partners as appropriate, shall submit to the appropriate congressional committees a report, in classified form if necessary, setting forth the following (1) a description and assessment of the progress of United States G overnment efforts, including those of the D epartment of Defense, the Department of State, the United States Agency for I nternational Development, and the Department of J ustice, in achieving the objectives for Afghanistan and Pakistan in subsection (a) (2) any modification of the metrics in subsection (a) in light of circumstances in Afghanistan or Pakistan, together with a justification for such modification; and (3) recommendations for the additional resources or authorities, if any, re q uired to achieve such objectives for Afghanistan and Pakistan. (c) CLASSIFICATION.—Any report submitted in classified form shall include an unclassified anne x or summary of the matters contained in the report. (d) DEFINITION.—For purposes of this section, ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committees on Armed Services, Appropriations, Foreign Relations, Homeland Security and Governmental Affairs, and the Judiciary, and the Select Committee on Intel- ligence of the Senate; and (2) the Committees on Armed Services, Appropriations, Foreign Affairs, Homeland Security, and the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. T IT LEX II DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY PAYMENTS TO AIR CARRIERS ( AIRPORT AND AIR W AY TRUST FUND ) In addition to funds made available under Public Law 111 – 8 and funds authorized under subsection 4 1742(a)(1) of title 49, United States Code, to carry out the essential air service program, to be derived from the Airport and Airway Trust Fund, $ 13,200,000, to remain available until expended. Presid e nt.