text:
Page:United States Statutes at Large Volume 123.djvu/532

 123STA T .5 12 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9Fed e ralm ed ic ala s sis t a n ce p ercenta g e u nder M edicaid ( als o re f erred to as a ‘ ‘counterc y clical FM AP’ ’ ) descri b ed in G A O report number GAO –07 – 9 7 to impro v et h e effectiveness of the application of such percentage in addressing the needs of S tates during periods of national economic do w nturn , including rec - ommendations for — (A) improvements to the factors that would begin and end the application of such percentage ( B ) how the determination of the amount of such percentage could be ad j usted to address State and regional economic variations during such periods; and ( C ) how the determination of the amount of such percentage could be adjusted to be more responsive to actual Medicaid costs incurred by States during such periods . ( 2 ) An analysis of the impact on States during such periods of— (A) declines in private health benefits coverage; (B) declines in State revenues; and (C) caseload maintenance and growth under Medicaid, the Children’s H ealth I nsurance Program, or any other publicly-funded programs to provide health benefits cov- erage for State residents. ( 3 ) Identification of, and recommendations for addressing, the effects on States of any other specific economic indicators that the Comptroller General determines appropriate. TI T LEV I —BROAD BA N DTE CH NOLO GY O P PORT U NITIE S PROGRA MSEC.60 00. TABL E OF CO N TENTS. T he table of contents of this title is as follows
 * TI

T LEV I —BROAD BA N DTE CH NOLO GY O P PORT U NITIE S PROGRA M S ec.60 00. T abl e of co nt ent s . Sec. 600 1 . B r oa d band Tec h nolo gy O p port u n i ties Progra m . SEC. 600 1 .B R OA D BAND TEC H NOLO GY O P PORT U N I TIES PROGRA M . (a) The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service development and e x pansion program in conjunction with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs. (b) The purposes of the program are to— ( 1 ) provide access to broadband service to consumers residing in unserved areas of the U nited States; (2) provide improved access to broadband service to con- sumers residing in underserved areas of the United States; (3) provide broadband education, awareness, training, access, e q uipment, and support to— (A) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher edu- cation, and other community support organi z ations and 47USC1305.


text:
Page:United States Statutes at Large Volume 123.djvu/533

 123STA T .5 13 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9enti tie s t ofac i l itate gr eater u se of b roa d band ser v ice b y ort h rough these organi z ations organizations and agencies that p rovide outreach , access, e q uip m ent, and support services to facilitate greater use of broadband service by lo w- income, unemployed, aged, and otherwise vulnerable populations; and ( C ) j ob-creating strategic facilities located within a S tate-designated economic zone, E conomic D evelopment District designated by the Department of Commerce, R enewal Community or Empowerment Z one designated by the Department of H ousing and U rban Development, or Enterprise Community designated by the Department of A griculture; ( 4 ) improve access to, and use of, broadband service by public safety agencies; and ( 5 ) stimulate the demand for broadband, economic growth, and job creation . (c) T he Assistant Secretary may consult a State, the District of Columbia, or territory or possession of the United States with respect to — ( 1 ) the identification of areas described in subsection (b)(1) or( 2 ) located in that State; and (2) the allocation of grant funds within that State for projects in or affecting the State. (d) The Assistant Secretary shall— (1) establish and implement the grant program as e x pedi- tiously as practicable; (2) ensure that all awards are made before the end of fiscal year 2 0 10; ( 3 ) see k such assurances as may be necessary or appro- priate from grantees under the program that they will substan- tially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and (4) report on the status of the program to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, every 9 0 days. (e) To be eligible for a grant under the program, an applicant shall— (1)(A) be a State or political subdivision thereof, the District of Columbia, a territory or possession of the United States, an I ndian tribe (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450(b)) or native Hawaiian organization; (B) a nonprofit— (i) foundation, (ii) corporation, (iii) institution, or (iv) association; or (C) any other entity, including a broadband service or infrastructure provider, that the Assistant Secretary finds by rule to be in the public interest. In establishing such rule, the Assistant Secretary shall to the extent prac- ticable promote the purposes of this section in a techno- logically neutral manner; Reports.D e adlin es. Deadline. G rants.
 * (B)

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


text:
Page:United States Statutes at Large Volume 123.djvu/534

 123STA T .5 1 4PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(2)submitan a p p l i c ati o n , at suc h tim e , in such f o r m, an d containin g such information as the A ssistant S ecretar y may re q uire ( 3 ) pro v ide a detailed e x planation of ho w any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a showing that the pro j ect would not have been implemented during the grant period without F ederal grant assistance; ( 4 ) demonstrate, to the satisfaction of the Assistant Sec - retary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws; ( 5 ) demonstrate, to the satisfaction of the Assistant Sec- retary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obli- gate, from non-Federal sources, funds required to meet the requirements of subsection (f); ( 6 ) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and ( 7 ) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner . (f) T he Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if — ( 1 ) the applicant petitions the Assistant Secretary for a waiver; and (2) the Assistant Secretary determines that the petition demonstrates financial need. (g) The Assistant Secretary may ma k e competitive grants under the program to— (1) acquire equipment, instrumentation, networking capa- bility, hardware and software, digital network technology, and infrastructure for broadband services; (2) construct and deploy broadband service related infra- structure; (3) ensure access to broadband service by community anchor institutions; (4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (5) construct and deploy broadband facilities that improve public safety broadband communications services; and (6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established. (h) The Assistant Secretary, in awarding grants under this section, shall, to the extent practical— (1) award not less than 1 grant in each State; (2) consider whether an application to deploy infrastructure in an area—


text:
Page:United States Statutes at Large Volume 123.djvu/535

 123STA T .5 15 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(A)wil l , i fap p roved ,i nc rea s e th e afforda b ilit y of, and s u bscribership to, service to the g reatest population of users in the area ( B ) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area; ( C ) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and ( D ) will, if approved, not result in un j ust enrich m ent as a result of support for non - recurring costs through another F ederal program for service in the area; and ( 3 ) consider whether the applicant is a socially and economically disadvantaged small business concern as defined under section 8 (a) of the S mall Business Act ( 15U. S.C. 6 3 7 ). (i) T he Assistant Secretary — (1) shall re q uire any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity ’ s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall ma k e these reports available to the public; ( 2 ) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section; (3) shall establish appropriate mechanisms to ensure appro- priate use and compliance with all terms of any use of funds made available pursuant to this section; ( 4 ) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insuffi- cient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or e x isting applicants con- sistent with this section; and (5) shall create and maintain a fully searchable database, accessible on the I nternet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each application, the status of each such application, the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to under- stand and monitor grants awarded under the program. (j) Concurrent with the issuance of the R equest for P roposal for grant applications pursuant to this section, the Assistant Sec- retary shall, in coordination with the Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section, including, at a minimum, adherence to the principles contained in the Commission’s broadband policy statement (FCC 0 5-15, adopted August 5, 2005). (k)(1) N ot later than 1 year after the date of enactment of this section, the Commission shall submit to the Committee on E nergy and Commerce of the H ouse of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing a national broadband plan. Deadlin e .R e ports . B road b and plan. Pu bli c ation. Database. W eb site. Records. Reports. Deadlines. Public in f or m ation.


text:
Page:United States Statutes at Large Volume 123.djvu/536

 123STA T .5 1 6PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(2)Thenatio na lbr oa d band p lan re qu ired b y thi s se c tion shall see k to ensure that all people o f the U nited S tates ha v e access to broadband capability and shall establish bench m arks for meetin g that goal . The plan shall also include — ( A ) an analysis of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States ( B ) a detailed strategy for achieving affordability of such service and ma x imum utili z ation of broadband infra - structure and service by the public; ( C ) an evaluation of the status of deployment of broadband service , including progress of pro j ects supported by the grants made pursuant to this section; and ( D ) a plan for use of broadband infrastructure and services in advancing consumer w elfare, civic participation, public safety and homeland security, community develop- ment, health care delivery, energy independence and effi- ciency, education, worker training, private sector invest- ment, entrepreneurial activity, job creation and economic growth, and other national purposes. ( 3 ) I n developing the plan, the Commission shall have access to data provided to other G overnment agencies under the Broadband Data Improvement Act ( 47 U.S.C. 1 3 0 1 note). (l) The Assistant Secretary shall develop and maintain a com- prehensive nationwide inventory map of existing broadband service capability and availability in the United States that depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. N ot later than 2 years after the date of the enactment of this Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a W orld Wide Web site of the National Telecommunications and Information Adminis- tration in a form that is interactive and searchable. (m) The Assistant Secretary shall have the authority to pre- scribe such rules as are necessary to carry out the purposes of this section. TI T LEV II — LI M IT SON E X E CU TIVE COM P ENS A TION SEC.70 00. TABL E OF CO N TENTS. The table of contents of this title is as follows
 * TI

T LEV II — LI M IT SON E X E CU TIVE COM P ENS A TION S ec.70 00. T abl e of co nt ent s . Sec. 700 1 . E x ec u t iv eco mp ensation an d co r porate g overnance. Sec. 700 2 . Applicabilit yw it h respect to loan modifications. SEC. 700 1 . E X EC U T IV ECO MP ENSATION AN D CO R PORATE G OVERN - ANCE. Section 111 of the E mergency Economic Stabilization Act of 200 8 (12 U.S.C. 5 221) is amended to read as follows: Regulations.D ea d line. W e bp osting. P ubli c in f o rm ation. B roadband map.


text:
Page:United States Statutes at Large Volume 123.djvu/537

 123STA T .5 1 7PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9‘ ‘ SEC.1 11. E X EC UTIV EC OMP E N S A TION AN D CO R PORATE G OVERN - ANCE. ‘ ‘ (a)DEFIN I T I O N S.—Forpu rpo se so fthi sse c tio n, the fo l lo w in gd efinitions shall appl y: ‘‘( 1 ) S ENIO R E X E CU TI V E OFFICER.— T he ter m ‘senior e x ecu - ti v e officer ’ means an individual who is 1 of the top 5 most highly paid executives of a pu b lic company, whose compensation is re q uired to be disclosed pursuant to the Securities E xchange A ctof1 934, and any regulations issued thereunder, and non- public company counterparts. ‘‘( 2 ) G O LD EN PA RAC H UTE PA YM ENT.—The term ‘golden para- chute payment’ means any payment to a senior executive officer for departure from a company for any reason, except for pay- ments for services performed or benefits accrued. ‘‘(3) TA RP RECIPIENT.—The term ‘TARP recipient’ means any entity that has received or will receive financial assistance under the financial assistance provided under the TARP. ‘‘(4) C OMMISSION.—The term ‘Commission’ means the Secu- rities and Exchange Commission. ‘‘(5) PERIOD IN W HICH O B LI G ATION IS OUTSTANDING RULE OF CONSTRUCTION.—For purposes of this section, the period in which any obligation arising from financial assistance pro- vided under the TARP remains outstanding does not include any period during which the Federal Government only holds warrants to purchase common stoc k of the TARP recipient. ‘‘(b) EXECUTIVE COMPENSATION AND CORPORATE GOVERN- ANCE.— ‘‘(1) ESTABLISHMENT OF STANDARDS.—During the period in which any obligation arising from financial assistance provided under the TARP remains outstanding, each TARP recipient shall be sub j ect to— ‘‘(A) the standards established by the Secretary under this section; and ‘‘( B ) the provisions of section 1 6 2(m)(5) of the I nternal Revenue Code of 19 8 6, as applicable. ‘‘(2) STANDARDS RE Q UIRED.—The Secretary shall require each TARP recipient to meet appropriate standards for execu- tive compensation and corporate governance. ‘‘(3) SPECIFIC REQUIREMENTS.—The standards established under paragraph (2) shall include the following: ‘‘(A) L imits on compensation that exclude incentives for senior executive officers of the TARP recipient to take unnecessary and excessive risks that threaten the value of such recipient during the period in which any obligation arising from financial assistance provided under the TARP remains outstanding. ‘‘(B) A provision for the recovery by such TARP recipient of any bonus, retention award, or incentive com- pensation paid to a senior executive officer and any of the next 2 0 most highly-compensated employees of the TARP recipient based on statements of earnings, revenues, gains, or other criteria that are later found to be materially inaccurate. ‘‘(C) A prohibition on such TARP recipient making any golden parachute payment to a senior executive officer or any of the next 5 most highly-compensated employees of the TARP recipient during the period in which any


text:
Page:United States Statutes at Large Volume 123.djvu/538

 123STA T .5 1 8PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9obligat io n a r i s ing f ro m finan c ial assistanc ep ro v i d ed u nder t h e TARP remains outstanding .‘ ‘ (D) (i) A prohibition on such TARP recipient pa y ing or accruing any bonus , retention a w ard, or incentive com - pensation during the period in which any obligation arising from financial assistance provided under the TARP remains outstanding, e x cept that any prohibition developed under this paragraph shall not apply to the payment of long- term restricted stoc k by such TARP recipient, provided that such long-term restricted stock — ‘‘( I ) does not fully vest during the period in which any obligation arising from financial assistance pro- vided to that TARP recipient remains outstanding ‘‘(II) has a value in an amount that is not greater than 1⁄3 of the total amount of annual compensation of the employee receiving the stock; and ‘‘(III) is sub j ect to such other terms and conditions as the S ecretary may determine is in the public interest. ‘‘(ii) The prohibition re q uired under clause (i) shall apply as follows ‘‘(I) F or any financial institution that received financial assistance provided under the TARP equal to less than $25, 0 00,000, the prohibition shall apply only to the most highly compensated employee of the financial institution. ‘‘(II) For any financial institution that received financial assistance provided under the TARP equal to at least $25,000,000, but less than $250,000,000, the prohibition shall apply to at least the 5 most highly- compensated employees of the financial institution, or such higher number as the Secretary may determine is in the public interest with respect to any TARP recipient. ‘‘(III) For any financial institution that received financial assistance provided under the TARP equal to at least$250,000,000, but less than $500,000,000, the prohibition shall apply to the senior executive offi- cers and at least the 1 0 next most highly-compensated employees, or such higher number as the Secretary may determine is in the public interest with respect to any TARP recipient. ‘‘(I V ) For any financial institution that received financial assistance provided under the TARP equal to $500,000,000 or more, the prohibition shall apply to the senior executive officers and at least the 20 next most highly-compensated employees, or such higher number as the Secretary may determine is in the public interest with respect to any TARP recipient. ‘‘(iii) The prohibition required under clause (i) shall not be construed to prohibit any bonus payment required to be paid pursuant to a written employment contract executed on or before February 11, 200 9, as such valid employment contracts are determined by the Secretary or the designee of the Secretary. ‘‘( E ) A prohibition on any compensation plan that would encourage manipulation of the reported earnings of such Ap p licab ili ty.


text:
Page:United States Statutes at Large Volume 123.djvu/539

 123STA T .5 1 9PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 TARPrecip ie nt t o en ha nce the co m pen s ation o f an y of its emp l oyees .‘ ‘ (F) Are qu irement for the esta b lishment of a B oar dC ompensation Committee that meets the requirements of subsection (c). ‘‘( 4 )C ERTIF I CA TI ON OF CO MPL IANCE. — The chief e x ecuti v e officer and chief financial officer (or the equivalents thereof) of each TARP recipient shall provide a w ritten certification of compliance by the TARP recipient with the requirements of this section— ‘‘(A) in the case of a TARP recipient , the securities of which are publicly traded, to the S ecurities and E xchan g e Commission, together with annual filings required under the securities laws and ‘‘(B) in the case of a TARP recipient that is not a publicly traded company, to the Secretary. ‘‘(c) BOAR D COMPEN S ATION COMMITTEE.— ‘‘( 1 ) ESTA B LIS H MENT OF BOARD RE QU IRED.—Each TARP recipient shall establish a Board Compensation Committee, comprised entirely of independent directors, for the purpose of reviewing employee compensation plans. ‘‘( 2 ) M EETIN G S.—The Board Compensation Committee of each TARP recipient shall meet at least semiannually to discuss and evaluate employee compensation plans in light of an assess - ment of any ris k posed to the TARP recipient from such plans. ‘‘( 3 ) COMPLIANCE B Y NON-SEC REGISTRANTS.— I n the case of any TARP recipient, the common or preferred stock of which is not registered pursuant to the Securities Exchange Act of 1 9 34, and that has received $ 2 5, 0 00,000 or less of TARP assist- ance, the duties of the Board Compensation Committee under this subsection shall be carried out by the board of directors of such TARP recipient. ‘‘(d) L IMITATION ON LU X URY EXPENDITURES.—The board of directors of any TARP recipient shall have in place a company- wide policy regarding excessive or luxury expenditures, as identified by the Secretary, which may include excessive expenditures on— ‘‘(1) entertainment or events; ‘‘(2) office and facility renovations; ‘‘(3) aviation or other transportation services; or ‘‘(4) other activities or events that are not reasonable expenditures for staff development, reasonable performance incentives, or other similar measures conducted in the normal course of the business operations of the TARP recipient. ‘‘(e) SHAREHOLDER APPRO V AL OF EXECUTIVE COMPENSATION.— ‘‘(1) ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COM- PENSATION.—Any proxy or consent or authori z ation for an annual or other meeting of the shareholders of any TARP recipient during the period in which any obligation arising from financial assistance provided under the TARP remains outstanding shall permit a separate shareholder vote to approve the compensation of executives, as disclosed pursuant to the compensation disclosure rules of the Commission (which disclo- sure shall include the compensation discussion and analysis, the compensation tables, and any related material). ‘‘(2) N ONBINDING VOTE.—A shareholder vote described in paragraph (1) shall not be binding on the board of directors of a TARP recipient, and may not be construed as overruling


text:
Page:United States Statutes at Large Volume 123.djvu/540

 123STA T .5 2 0PUBLIC LA W 111 – 5 —FE B.1 7, 200 9adecis i onby s u c h boa r d , nor t o create or i mpl y any additional f iduciary duty by such board, nor shall such v ote be construed to restrict or limit the ability of shareholders to ma k e proposals for inclusion in pro x y materials related to executive compensa - tion .‘ ‘ (3)DEADLIN E FOR R U LE M A K IN G . —N ot later than 1 year after the date of enactment of the A merican R ecovery and Reinvestment Act of 20 0 9, the C ommission shall issue any final rules and re g ulations re q uired by this subsection. ‘‘(f) RE V IE W OF P RIOR PA Y MEN TS TO EX E C UTIVES.— ‘‘(1) I N GENERAL.— T he S ecretary shall revie w bonuses, retention awards, and other compensation paid to the senior executive officers and the next 20 most highly-compensated employees of each entity receiving TARP assistance before the date of enactment of the American Recovery and Reinvestment Act of 2009, to determine whether any such payments were inconsistent with the purposes of this section or the TARP or were otherwise contrary to the public interest. ‘‘(2) NEGOTIATIONS FOR REIM B URSEMENT.—If the Secretary makes a determination described in paragraph (1), the Sec- retary shall seek to negotiate with the TARP recipient and the sub j ect employee for appropriate reimbursements to the F ederal G overnment with respect to compensation or bonuses. ‘‘(g) NO IM P EDIMENT TO W IT H DRAWAL BY TARP RECIPIENTS.— Subject to consultation with the appropriate Federal banking agency (as that term is defined in section 3 of the Federal Deposit Insurance Act), if any, the Secretary shall permit a TARP recipient to repay any assistance previously provided under the TARP to such finan- cial institution, without regard to whether the financial institution has replaced such funds from any other source or to any waiting period, and when such assistance is repaid, the Secretary shall liquidate warrants associated with such assistance at the current market price. ‘‘(h) REGULATIONS.—The Secretary shall promulgate regulations to implement this section. ’ ’.


text:
Page:United States Statutes at Large Volume 123.djvu/541

 123STA T .5 21 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9LEGIS L AT I V E H IST ORY— H . R. 1( S. 3 3 6) (S. 3 50 ) SE N ATE RE P ORTS: N o . 111 – 3( C o m m.o n A p p r opr iat ion s )a c compan y in g S. 336. CONGRESSIONAL RECOR D, Vo l . 155( 2 00 9 ): J an. 2 7 ,2 8, consi de red and passed Ho u se. F e b . 2–7, 9, 10, considered and passed Senate, amended. Feb. 13, House and Senate agreed to con f erence report. DAILY CO M PILATION OF PRESIDENTIAL DOC U MENTS (2009): Feb. 17, Presidential remar k s and statement. SEC.70 0 2 . AP P LI CA B ILI TYW IT HR ESPECT T O LOA NM O D I F ICATIONS. Section109(a) o f t h e Em e rg enc y Economic Sta b i l i z ation A ct of 2 00 8 (12 U. S. C . 5 219(a)) i s amen d ed — (1) by stri k ing ‘ ‘ T othee x tent ’ ’ and inserting the follo w ing ‘‘(1) INGE NE RAL .—To the extent’’ and (2) by adding at the end the following: ‘‘(2) W A IV ER OFC ER T AIN P ROVI S IONS IN CONNECTION W IT H LOAN M O D IFICATIONS.—The Secretary shall not be re qu ired to a p ply executi v e compensation restrictions under section 111 , or to receive warrants or debt instruments under section 11 3, solely in connection with any loan modification under this sec - tion.’’. Approved F ebruary 1 7, 2009.


text:
Page:United States Statutes at Large Volume 123.djvu/542

 123STA T .5 22 PUBLIC LA W 111 –6—M A R .6, 2 0 0 9LEGIS L AT I V E H IST ORY— H .J .R es. 38:C O N GRESSIONAL RECOR D, V ol . 15 5 (20 0 9) Mar . 6, c o n s id ered and p assed Ho u se and Sena t e. PublicLaw1 11 –6 111 thCongres s J oint R esolution Ma k in gf urt h er continuing appropriations for fiscal y ear 2009, and for other purposes. Resolv e dbyth e S e na te and H o u seo f Re pr esentat i ves of the U nited States of Am eri c ain C on g ress assembled ,That th eCon- t i n u in gAp p r opriation sR eso l ution ,20 0 9(d i v ision A o fP u b li cL a w1 10 –3 29 ) isa m ended b y stri k ing the date specified in section 10 6 (3) and inserting ‘ ‘ M arch 11, 2009 ’ ’ . Approved March 6, 2009. 12 2 Sta t .357 5. M a r. 6, 2 0 0 9[H . J. Res .3 8]


text:
Page:United States Statutes at Large Volume 123.djvu/543

 123STA T .5 23 PUBLIC LA W 111 –7—M A R . 9, 2 0 09 LEGIS L AT I V E H IST ORY— S .234:C O N GRESSIONAL RECOR D, V ol . 15 5 ( 2 0 0 9) Feb . 12, c o nsid e r ed a nd p assed Sena t e. Feb. 24, considered and passed Ho u se. PublicLaw1 11 –7 111 thCongres s A n Act To desi g nate t h e f acilit y of the U nited States P ostal Ser v ice located at 2105 East Coo k Street in Springfield, Illinois, as the ‘ ‘Colonel J ohn H. W ilson, Jr. Post Office B uilding ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. CO L ONEL J O H NH. W ILSON , J R. P OST O F FICE BU IL D IN G . (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 2105E ast C oo k Street in S p rin g field ,I llinois, shall b e kno w n and designated as the ‘ ‘Colonel J ohn H . W ilson, Jr. Post O ffice Bu ilding ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, m ap, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Colonel John H. Wilson, Jr. Post Office Building’’. Approved M arch 9, 2009. Mar.9,20 09 [S .2 34]


text:
Page:United States Statutes at Large Volume 123.djvu/544

 123STA T .5 2 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9PublicLaw1 11 –8 111 thCongres s A n Act Makingom ni bus a p p r opria t ions f ort he fis c a ly ear en d ing S eptember 30,2 00 9, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ O m n ib u sA p p ro priations Act, 20 0 9’ ’ . SEC. 2 .T AB LEO F CONTENTS. The tab l eo f contents of this Act is as follo w s Sec. 1 . Short title. Sec. 2. T able of contents. Sec. 3. R eferences. Sec. 4 . Ex planatory statement. Sec. 5 . Statement of appropriations. DIV ISI ONA— A G RI CUL TURE, RURAL DEVELO P MENT, F OOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 Title I—Agricultural Programs Title II—Conser v ation Programs Title III—Rural Development Programs Title IV—Domestic Food Programs Title V—Foreign Assistance and Related Programs Title VI—Related Agency and Food and Drug Administration Title VII—General Provisions DIVISION B —COMMERCE, J USTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 Title I—Department of Commerce Title II—Department of Justice Title III—Science Title IV—Related Agencies Title V—General Provisions DIVISION C—ENERG Y AND W ATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 Title I—Department of Defense—Civil Department of the Army Title II—Department of the Interior Title III—Department of Energy Title IV—Independent Agencies Title V—General Provisions DIVISION D—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009 Title I—Department of the Treasury Title II—Executive Office of the President and Funds Appropriated to the President Title III—The Judiciary Title IV—District of Columbia Title V—Independent Agencies OmnibusAp p ro pri at ions A c t ,20 0 9.M ar. 1 1, 2009 [H . R . 110 5]


text:
Page:United States Statutes at Large Volume 123.djvu/545

 123STA T .5 25 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9TitleVI—G e n e ra l P r ov i s ions—T h is Ac t Title VII—General Provisions—Govern m ent -w i d e Title VIII—General Provisions— D istrict o fC ol u m b ia DIVI S I ONE —DEPA R T M ENT O F T H E INTERIOR , ENVIRONMENT, AND RE L ATED AGENCIES APPROPRIATIONS ACT, 20 0 9 Title I—De p artment of the Interior Title II—Environmental Protection A g enc y Title III—Related Agencies Title IV—General Provisions DIVISION F—DEPARTMENTS OF LA B OR, HEALTH AND H U MAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 Title I—Department of Labor Title II—Department of Health and Human Services Title III—Department of Education Title IV—Related Agencies Title V—General Provisions Title VI—Afghan Allies Protection Act of 2009 DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009 Title I—Legislative Branch Appropriations Title II—General Provisions DIVISION H—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009 Title I—Department of State and Related Agency Title II—United States Agency for International Development Title III—Bilateral Economic Assistance Title IV—International Security Assistance Title V—Multilateral Assistance Title VI—E x port and Investment Assistance Title VII—General Provisions DIVISION I—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 Title I—Department of Transportation Title II—Department of Housing and Urban Development Title III—Related Agencies Title IV—General Provisions This Act DIVISION J —FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND SECURIT Y AND OTHER MATTERS SEC.3 . R E F ERE N CES. Exceptas exp r ess ly pr ovid ed ot h er w ise , a n yre f erence to ‘ ‘this A ct ’ ’ contained in any division of this Act shall b e treated as referrin g only to the provisions of that division . SEC. 4 .E XPLA NA TO R Y STATE M ENT. T he explanatory state m ent regarding this Act printed in the H o u se of R epresentatives section of the C ongressional Record on or about F ebruary 23 ,2 0 0 9 by the Chairman of the Committee on Appropriations of the House shall have the same effect with respect to the allocation of funds and implementation of this Act asifitwerea j oint explanatory statement of a committee of con - ference. SEC. 5 . STATEMENT OF APPROPR I ATIONS. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending S eptember 30, 2009. 1USC 1 note.


text:
Page:United States Statutes at Large Volume 123.djvu/546

 123STA T .5 2 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9DIV I S I ONA— A GR I CULT UR E, RURAL DEVELO PM ENT, F OOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 20 0 9 TITLE I AGRICULTURAL PROGRAMS P RODUCTI O N , PROC ES SIN GA ND MAR K ETING O F FICE OF T H E SECRETAR Y F ornec e s s a r y e xp enses o fth e Off i ce of the Secretary of A g ri - c ul ture, $5, 174 ,000
 * Provide

d, That not to excee d $11,000 of this a m ount shall b ea v ailable for official reception and representation expenses, not other w ise provided for, as determined by the Sec- retary . E X ECUTI V EO P ERATIONS OFFICE OF THE CHIEF ECONO M IST For necessary expenses of the Office of the Chief Economist, $10, 6 51,000. NATIONA L APPEALS DIVISION For necessary expenses of the National Appeals Division, $14,711,000. OFFICE OF B UDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of B udget and Program Analysis, $9,054,000. OFFICE OF HOMELAND SECURITY For necessary expenses of the Office of H omeland Security, $974,000. OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Office of the Chief Information Officer, $17,527,000. OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Financial Officer, $5,954,000: Provided, That no funds made available by this appropriation may be obligated for FAIR Act or Circular A – 76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and Government Reform of the House of Representa- tives a report on the Department ’ s contracting out policies, including agency budgets for contracting out. OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $ 8 71,000. Reports.Ag r icul ture , Rur a l D e v elop m e n t, F oo d and Drug Administration, and Related Agencies Appropriations Act, 20 0 9.


text:
Page:United States Statutes at Large Volume 123.djvu/547

 123STA T .5 2 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9OF F ICEO F C I V I LR I GHTSFornec e s s a r y e xp enses o fth e Off i ceofCi v i l Ri g hts ,$21, 5 51, 0 00 . OFFICE OF THE A SSIST AN T S EC R ETAR Y FOR A DM INISTRATION For necessary expenses of the Office of the Assistant Secretary for A dm inistration, $ 687 ,000. AGRIC U LTURE B UILDINGS AND FACILITIES AND RENTAL P AYMENTS ( INCLUDING TRANSFERS OF FUNDS ) For payment of space rental and related costs p u rsuant to Pu b lic L a w9 2 –3 13, including authorities pursuant to the 198 4 delegation of authority from the Administrator of G eneral Services to the D epartment of Agriculture under 40 U .S.C. 486, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agri - culture buildings and facilities, and for related costs, $244,244,000, to remain available until expended, of which $168,901,000 shall be available for payments to the General Services Administration for rent of which $13,500,000 for payment to the Department of H omeland Security for building security activities; and of which $61,843,000 for buildings operations and maintenance expenses
 * Provide

d ,T hat the Secretary is authori z ed to transfer funds from a Departmental agency to this account to recover the full cost of the space and security expenses of that agency that are funded by this account when the actual costs exceed the agency estimate which will be available for the activities and payments described herein. HA Z ARDOUS M ATERIALS MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive E nvironmental Response, Com- pensation, and Liability Act ( 42 U.S.C. 9601 et se q . ) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $5,100,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. DE P ARTMENTAL ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) For Departmental Administration, $27,011,000, to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and


text:
Page:United States Statutes at Large Volume 123.djvu/548

 123STA T .5 2 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9ef f ic ie ntwork oft h e D e pa rt m ent
 * Provide

d ,T hat thi s appropriation sha l l b e reimb u rse d from applicable appropriations in this A ct for tra v ele x penses incident to the holdin g of hearings as re q uired b y5U.S. C .55 1– 55 8 . OF F ICEO F TH EA S SIST AN T SEC R ETAR Y FOR CON G RESSIONA LR ELATIONS ( INCL UD ING TRANSFERS OF FUNDS )F or necessary expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3 ,8 7 7, 0 00: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided fu r th er, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both H ouses of Congress on the allocation of these funds by USDA agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congres - sional relations. OFFICE OF CO M MUNICATIONS For necessary expenses of the Office of Communications, $ 9 ,51 4 ,000. OFFICE OF I NS P ECTOR G ENERAL For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $85,7 6 6,000, including such sums as may be necessary for contracting and other arrangements with public agencies and pri- vate persons pursuant to section 6 ( a ) (9) of the Inspector General Act of 1978, and including not to exceed $1 2 5,000 for certain con- fidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursu- ant to P ublic L aw 95–452 and section 1337 of Public Law 97– 98. OFFICE OF THE GENERAL COUNSEL For necessary expenses of the Office of the General Counsel, $41,620,000. OFFICE OF THE UNDER SECRETARY FOR RESEARCH, E DUCATION AND ECONOMICS For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $609,000. ECONOMIC RESEARCH SER V ICE For necessary expenses of the Economic Research Service, $79,500,000. Timep e r i od.N o t i f i ca tio n .


text:
Page:United States Statutes at Large Volume 123.djvu/549

 123STA T .5 2 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 NATION A LAGR I CU LTURAL S TATI S TICS S E R V ICE Fornec e s s a r y e xp enses o fth e Nat i ona l A g ric u ltural Statistics Ser v ice ,$15 1,5 6 5, 0 00, of w hichupto$ 37, 2 65,000 shall b e available until expen d ed for the C ensus of Agriculture . AGRICULTURAL R ESEARC H SERVICE SALARIES AN D E XP ENSES For necessary expenses of the Agricultural Research Service and for ac q uisition of lands by donation, exchange, or purchase atano m inal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equali z ed by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests trans - ferred out of Federal ownership, $1,1 4 0,406,000, of which $112,571,000 shall be for the purposes, and in the amounts, speci- fied in the table titled ‘ ‘Agricultural Research Service, Salaries and E xpenses, Congressionally-designated P ro j ects ’ ’ in the explana- tory statement described in section 4 ( in the matter preceding division A of this consolidated Act ):Provide d, T hat appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided fu r th er, That appropriations hereunder shall be available pursuant to 7 U .S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be con- structed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at B eltsville, M aryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1 9 4 8 (21 U.S.C. 113a): Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or oper- ating any research facility or research project of the Agricultural Research Service, as authorized by law. B UILDINGS AND F ACILITIES For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the D epartment of Agriculture, where not otherwise provided, $46,752,000, of which $46,752,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Agricultural Research Service, Buildings and Facilities Congressionally-designated Projects’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to remain available until expended. Maryl a nd.7USC2 2 54.


text:
Page:United States Statutes at Large Volume 123.djvu/550

 123STA T .5 3 0PUBLIC LA W 111 –8—M A R .11, 200 9CO O PERATIV E S TATE R E S EAR CH,EDU CATIO N ,ANDE X TENSION SERVICE RESEARCH AND EDUCATION ACTIVITIES Forpayments toa g r icul tural e x periment stations, f or coopera - ti v e forestry an d ot h er research, for facilities, and for other expenses, $691, 043 ,000, of w hich $113, 275 ,000 shall b e for the purposes, and in the amounts, specified in the table titled ‘ ‘Coopera- tive State Research, Education, and Extension Service, Research and Education A ctivities, Congressionally-designated P ro j ects ’ ’in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ) , as follows to carry out the provisions of the H atch Act of 1 8 87 (7 U. S.C. 361a – i), $207,106,000 for grants for cooperative forestry research (16 U.S.C. 582a through a–7), $27,535,000; for payments to eligible institutions (7 U.S.C. 3222), $45,504,000, provided that each institution receives no less than $1,000,000; for special grants (7 U.S.C. 450i(c)), $84,499,000; for competitive grants on improved pest control (7 U.S.C. 450i(c)), $15,945,000; for competitive grants (7 U.S.C. 450(i)(b)), $201,504,000, to remain available until expended; for the support of animal health and disease programs (7 U.S.C. 3195), $2,950,000; for supplemental and alternative crops and products (7 U.S.C. 3319d), $819,000; for grants for research pursuant to the Critical Agricultural M aterials Act (7 U.S.C. 178 et se q .), $1,083,000, to remain available until expended; for the 1994 research grants program for 1994 institutions pursuant to section 536 of Public L aw 103–382 (7 U.S.C. 301 note), $1,610,000, to remain available until expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,859,000, to remain available until expended (7 U.S.C. 2209b); for a program pursuant to section 1415A of the N ational Agricultural Research, Extension, and T eaching Policy Act of 1977 (7 U.S.C. 3151a), $2,950,000, to remain available until expended; for higher education challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $981,000, to remain avail- able until expended (7 U.S.C. 2209b); for an education grants pro- gram for Hispanic-serving I nstitutions (7 U.S.C. 3241), $6,237,000; for competitive grants for the purpose of carrying out all provisions of 7 U.S.C. 3156 to individual eligible institutions or consortia of eligible institutions in Alas k a and in Hawaii, with funds awarded equally to each of the States of Alaska and Hawaii, $3,196,000; for a secondary agriculture education program and 2-year post- secondary education (7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture research and education (7 U.S.C. 5811), $14,399,000; for a program of capacity building grants (7 U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222, $15,000,000, to remain available until expended (7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103–382, $3,342,000; for resident instruction grants for insular areas under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), $800,000; for a new era rural technology program pursuant to section 1473E of the National Agricultural Research, Extension, and Teaching Act of 1977 (7 U.S.C. 3319e), $750,000; and for necessary expenses of Research and Education Activities,


text:
Page:United States Statutes at Large Volume 123.djvu/551

 123STA T .5 31 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9$39,426 , 0 00, ofwhic h $2, 7 04,000 fo rt h eR e s e a rch, Edu catio n , and Econo m ics I nformation Sy stem and $2, 1 36,000 for the E l ectronic G rants Information System, are to remain a v aila b le until e xp ended .NATIVE A M E R I C AN IN S TIT U TI O NS EN D O W MENT F UND F or the N ative A merican Institutions Endowment Fund author - i z ed by P ublic L aw 103 – 3 8 2 ( 7 U .S. C . 301 note ) , $11,880,000, to remain available until expended. E X TENSION ACTIVITIES For payments to States, the D istrict of Columbia, Puerto Rico, Guam, the V ir g in Islands, M icronesia, the Northern Marianas, and American Samoa, $474,2 5 0,000, of which $9,388,000 shall be for the purposes, and in the amounts, specified in the table titled ‘ ‘Cooperative State Research, Education, and Extension Service, Extension Activities, Congressionally-designated Pro j ects ’ ’ inthe explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act), as follows payments for cooperative extension wor k under the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said Act, and under section 208(c) of Public Law 93–471, for retirement and employees’ compensation costs for extension agents, $288,548,000 payments for extension work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $66,155,000; payments for the pest management program under section 3(d) of the Act, $9,791,000; payments for the farm safety program under section 3(d) of the Act, $4,863,000; payments for New T echnologies for Ag Extension under section 3(d) of the Act, $1,500,000; payments to upgrade research, exten- sion, and teaching facilities at institutions eligible to receive funds under 7 U.S.C. 3221 and 3222, $18,000,000, to remain available until expended; payments for youth-at-risk programs under section 3(d) of the Smith-Lever Act, $8,182,000; for youth farm safety education and certification extension grants, to be awarded competi- tively under section 3(d) of the Act, $479,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et se q .), $4,008,000; payments for the feder- ally-recognized Tribes Extension Program under section 3(d) of the Smith-Lever Act, $3,000,000; payments for sustainable agri- culture programs under section 3(d) of the Act, $4,568,000; pay- ments for rural health and safety education as authorized by section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by eligible institutions (7 U.S.C. 3221), $40,150,000, provided that each institution receives no less than $1,000,000; for grants to youth organizations pursuant to 7 U.S.C. 7630, $1,767,000; payments to carry out the food animal residue avoidance database program as authorized by 7 U.S.C. 7642, $806,000; and for necessary expenses of Extension Activities, $17,374,000. INTE G RATED ACTIVITIES For the integrated research, education, and extension grants programs, including necessary administrative expenses, $56,864,000, as follows: for competitive grants programs authorized


text:
Page:United States Statutes at Large Volume 123.djvu/552

 123STA T .5 32 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9unders e ctio n 406 o f t h e Ag ricu l tur a l R esearch ,Ex tension, and Education Refor m Act of 19 9 8(7U.S . C . 76 2 6 ) , $ 41,990,000, including $12,649,000 for the w ater q ualit yp rogram, $14, 5 96,000 for the food safety program, $4,096,000 for the regional pest management centers program, $4, 3 88,000 for the F ood Q uality P rotection Act ris k mitigation program for ma j or food crop systems, $1,365,000 for the crops affected b y Food Quality Protection Act implementation, $3,054,000 for the methyl bromide transition pro - gram, and $1,842,000 for the organic transition program for a competiti v e international science and education grants program authori z ed under section 1459A of the N ational Agricultural Research, Extension, and T eaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until expended, $3,000,000; for grants programs authorized under section 2(c)(1)( B ) of Public L aw 89 – 106, as amended, $732,000, to remain available until September 30, 2010, for the critical issues program; $1,312,000 for the regional rural development centers program; and $9,830,000 for the Food and Agriculture D efense I nitiative authorized under section 1484 of the National Agricultural Research, Extension, and Teaching Act of 1977, to remain available until September 30, 2010. OF F ICEO F TH EU ND E R SECRET A R Y FOR M AR K ETIN G AND REG UL ATORY PROGRA MS For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $737,000. ANIMAL AND PLANT H EALTH INS P ECTION SER V ICE SALARIES AND E X PENSES ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses of the Animal and Plant Health Inspec- tion Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), $876,675,000, of which $23,494,000 shall be for the purposes, and in the amounts, specified in the table titled ‘ ‘Animal and Plant Health Inspection Service, Congressionally-des- ignated Projects ’ ’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), of which $2,025,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency condi- tions; of which $29,590,000 shall be used for the cotton pests pro- gram for cost share purposes or for debt retirement for active eradication zones; of which $14,500,000 shall be for a National Animal Identification program, of which $3,500,000 is for informa- tion technology infrastructure and services, and $9,395,000 is for field implementation, and $1,605,000 is for program administration; of which $60,594,000 shall be used to prevent and control avian influenza and shall remain available until expended; of which $1,015,000 of the plum pox program shall remain available until September 30, 2010
 * Provide

d , That funds provided for the contin- gency fund to meet emergency conditions, information technology infrastructure, fruit fly program, emerging plant pests, cotton pests program, grasshopper and mormon cricket program, the National V eterinary Stockpile, up to $12,895,000 in animal health monitoring


text:
Page:United States Statutes at Large Volume 123.djvu/553

 123STA T .5 33 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9andsurveil lan c e fo r th e ani m al identification s y stem , u p to $1 , 50 0,000 in the scrapie pro g ram for indemnities, up to $1,000,000 for w ildlife services methods development, up to $1,000,000 of the wildlife services operations program for aviation safety, and up to 2 5 percent of the screwworm program shall remain availa b le until e x pended
 * Provide

d fu r th er ,T hat no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not re q uire minimum matching by the S tates of at least 4 0 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the D epartment such sums as may be deemed nec - essary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of ani- mals, poultry, or plants, and for expenses in accordance with sec- tions 10411 and 1041 7 of the A nimal H ealth P rotection Act ( 7 U. S. C . 83 10 and 831 6) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless other- wise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. I n fiscal year 200 9, the agency is authori z ed to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity ’ s liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. BUILD I NGSA ND F A C ILI T I E S F or plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to remain available until expended. AG R ICULTURAL M AR K ETING SER V ICE M ARKETING SERVICES For necessary expenses of the Agricultural Mar k eting Service, $86,711,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one


text:
Page:United States Statutes at Large Volume 123.djvu/554

 123STA T .5 3 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9build i ng du r ing thef i sca l y ear shall n o te x ceed 10p ercent of the current replace m ent v alue of the building .F ees may be collected for the cost of standardi z ation activities , as established by regulation pursuant to la w(3 1 U . S . C . 97 01 ) . LIM I TA TI ON ONA D MINI S T R ATI VE E XP ENSES N ot to exceed $62, 8 88,000 (from fees collected) shall be obli - gated during the current fiscal year for administrative expenses
 * Provide

d, T hat if crop size is understated and / or other uncontrol- lable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on A ppropriations of both H ouses of Congress. FU NDS FOR STREN G T H ENING MAR K ETS, IN C OME, AND SUPPL Y( SECTION 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 2 4, 193 5 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, including not less than $10,000,000 for replacement of a system to support commodity purchases, except for: (1) transfers to the D epartment of Commerce as authorized by the Fish and W ildlife Act of August 8, 1956 (2) transfers otherwise provided in this Act; and (3) not more than $17,270,000 for formulation and administration of mar k eting agreements and orders pursuant to the Agricultural M arketing Agreement Act of 1937 and the Agricultural Act of 1961. PAYMENTS TO STATES AND POSSESSIONS For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activi- ties under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,334,000. G RAIN I NSPECTION, P ACKERS AND STOCKYARDS ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $40,342,000: Provided , That this appro- priation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. LIMITATION ON INSPECTION AND W EIGHING SERVICES EXPENSES Not to exceed $42,463,000 (from fees collected) shall be obli- gated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities re q uire additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Notif i ca tio n. Notification.


text:
Page:United States Statutes at Large Volume 123.djvu/555

 123STA T .5 35 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9OF F ICEO F TH E UND E RS ECRET A R Y FOR F OOD SAFETY F ornec e s s a r y e xp enses o fth e Off i ceoftheUn d er Secretary for Food Safety ,$613, 0 00 . FOOD SAFETY AND I N SP ECTION SER V ICE For necessary expenses to carry o u t ser v ices authori z ed b y the Federa lM eat Inspection A ct, the P oultry Products Inspection Act, and the Eg g Products Inspection Act, including not to exceed $ 5 0,000 for representation allo w ances and for expenses pursuant to section 8 of the Act approved August 3, 1 9 56 (7 U.S. C . 1766 ) , $971,566,000 and in addition, $1,000,000 m ay be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 13 2 7 of the Food, Agriculture, Conservation and T rade Act of 1990 (7 U.S.C. 138f)
 * Provide

d, That no fewer than 120 full - time e q uivalent positions shall be employed during fiscal year 2009 for purposes dedicated solely to inspections and enforcement related to the H umane Methods of Slaughter Act: Provided fu r th er, That of the amount available under this heading, $3,000,000 shall be obligated to maintain the Humane Animal Trac k ing System as part of the Public Health D ata Communication Infrastructure System: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. OFFICE OF THE UNDER SECRETARY FOR FAR M AND FOREI G N AGRIC UL TURAL SERVICES For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $6 4 6,000. FARM SERVICE AGENCY SALARIES AND E X PENSES ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses of the Farm Service Agency, $1,170,273,000: Provided , That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account. STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101 – 5106), $4,369,000. GRASSROOTS SOURCE W ATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb–2), $5,000,000, to remain available until expended. Employed po sit io n s .


text:
Page:United States Statutes at Large Volume 123.djvu/556

 123STA T .5 3 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9DAIRY I N D EM NI T Y P R OG RAM ( IN CLU DING TRAN SF ER OF FUNDS )Fornec e s s a r y e xp enses i n v o l ve d in m a k in g indemni t y payments to dairy f armers and man u facturers of dairy products under a dairy indemnity program , suc h sums as may b e necessary, to remain available until expended
 * Provide

d, T hat such program is carried out by the S ecretary in the same manner as the dairy indemnity program described in the A griculture, R ural D evelopment, Food and Drug Administration, and Related Agencies Appropriations Act, 20 0 1(P ublic L a w 10 6–387 ,11 4 Stat . 1 5 4 9 A–12 ) . AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U .S. C . 1922 et se q .) and operating (7 U.S.C. 1941 et seq.) loans, I ndian tribe land acquisition loans (25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from funds in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $ 1,461,066,000, of which $1,238,768,000 shall be for unsubsidi z ed guaranteed loans and $222,298,000 shall be for direct loans operating loans, $1,862,578,000, of which $1,017,497,000 shall be for unsubsidized guaranteed loans, $269,986,000 shall be for subsidized guaranteed loans and $575,095,000 shall be for direct loans; Indian tribe land acquisition loans, $3,940,000; and for boll weevil eradication program loans, $100,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradi - cation program loans. For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congres- sional B udget Act of 1974, as follows: farm ownership loans, $16,803,000, of which $4,088,000 shall be for unsubsidized guaran- teed loans, and $12,715,000 shall be for direct loans; operating loans, $130,371,000, of which $25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000 shall be for subsidized guaranteed loans, and $67,804,000 shall be for direct loans; and Indian tribe land acquisition loans, $248,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $317,323,000, of which $309,403,000 shall be transferred to and merged with the appropriation for ‘ ‘Farm Service Agency, Salaries and E xpenses ’ ’. Funds appropriated by this Act to the Agricultural Credit Insur- ance Program Account for farm ownership and operating direct loans and guaranteed loans may be transferred among these pro- grams: Provided, That the Committees on Appropriations of both H ouses of Congress are notified at least 15 days in advance of any transfer. RIS KM ANAGEMENT AGENCY For necessary expenses of the Risk Management Agency, $77,177,000: Provided , That the funds made available under section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common Information Management System: Provided Notif i ca tio n.De a dl ine. P in kB oll w o rm .


text:
Page:United States Statutes at Large Volume 123.djvu/557

 123STA T .5 3 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9furthe r ,Thatno tto exc ee d$1,0 00 s ha l l b ea v a i lable f o r official rece p tion and representation expenses, as a u thori z edb y7U.S. C . 1 5 0 6( i ) . C ORP OR A T I O N S The follo w in g corporations and agencies are hereby authorized to m a k e expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 10 4 of the G overn - ment Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. FED E RAL CR OP I NSU RAN C E CORPORA TI ON FUND For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended. CO M MODIT Y CREDIT CORPORATION FUND REIM B URSEMENT F OR NET REALI Z ED LOSSES ( INCLUDIN G TRANSFERS OF FUNDS ) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1 9 61 (15 U.S.C. 71 3 a – 11)
 * P

r ovid ed, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. H AZARDOUS W ASTE MANAGEMENT (LIMITATION ON E X PENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the re q uirement of section 107(g) of the Comprehensive E nvironmental Response, Compensation, and L iability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961).


text:
Page:United States Statutes at Large Volume 123.djvu/558

 123STA T .5 3 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9TI T LE II CONS E RVA TION P RO G RA M S O F F ICEO F TH E UND E R SECRET A R Y FOR NAT U RA L RE S OURCES AND EN V IRON M ENT Fornec e s s a r y e xp enses o fth e Off i ceoftheUn d er Secretary for Nat u ra l Resources and En v iron m ent ,$758, 0 00 . NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION O P ERATIONS For necessary expenses for carryin g out the provisions of the Act of April 2 7, 193 5 ( 1 6 U.S.C. 590a – f ) , including preparation of conservation plans and esta b lishment of measures to conserve soil and w ater (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants) operation of conservation plant materials centers; classification and mapping of soil; dissemi - nation of information; ac q uisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 4 28a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $853,400,000, to remain available until September 30, 2010, of which $31,650,000 shall be for the purposes, and in the amounts, specified in the table titled ‘ ‘Natural Resources Conservation Service, Conservation Operations Congressionally-designated Pro j ects ’ ’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)
 * Provide

d , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant mate- rials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided fu r th er, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. W ATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing wor k s and changes in use of land, in accordance with the W atershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the D epartment, $24,289,000, to remain available until expended, of which $23,643,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Natural Resources Conservation Service, Watershed and Flood Prevention Operations Congressionally-designated Projects’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That not


text:
Page:United States Statutes at Large Volume 123.djvu/559

 123STA T .5 3 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 toexc ee d$15,0 00,000 o f t hisap p r opriatio n sha l l b ea v ailable for technical assistance .WATERSH E D REHA BIL ITATI ONP RO G RA MF or necessar y expenses to carry o u t rehabilitation of structural m easures, in accordance w ith section 1 4 of the W atershed P rotection and Flood Prevention A ct ( 1 6U . S . C . 101 2) , and in accordance with the provisions of laws relatin g to the activities of the D epart - ment, $40,000,000, to remain available until expended. RESO U R C E CONSER V ATION AND DEVELOPMENT For necessary expenses in planning and carrying out pro j ects for resource conservation and development and for sound land use pursuant to the provisions of sections 3 1and32ofthe B an k head- J ones Farm T enant Act ( 7 U.S.C. 1010 – 1011 76 Stat. 607); the Act of April 27, 1 9 35 (16 U.S.C. 590a–f); and subtitle H of title XV of the Agriculture and Food Act of 19 8 1 (16 U.S.C. 3451– 3461), $50,730,000
 * Provide

d , That not to exceed $3,073,000 shall be available for national head q uarters activities. T I T LE III R URAL DEVEL O P M E N T PRO G RAMS O F FICE OF THE UNDER SECRETAR Y FOR RURAL DEVELOPMENT For necessary expenses of the Office of the Under Secretary for Rural Development, $646,000. RURAL DEVELOPMENT SALARIES AND E X PENSES ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the develop- ment and operation of agricultural cooperatives; and for cooperative agreements; $192,484,000: Provided, That notwithstanding any other provision of law, funds appropriated under this section may be used for advertising and promotional activities that support the Rural Development mission area: Provided fu r th er, That not more than $10,000 may be expended to provide modest nonmonetary awards to non-USDA employees: Provided further, That any bal- ances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business-Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation. RURAL HOUSING SERVICE RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authori z ed by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance


text:
Page:United States Statutes at Large Volume 123.djvu/560

 123STA T .540PUBLIC LA W 111 –8—M A R .11, 200 9fund,as f ol lo w s
 * $7

, 345 ,347, 0 00 fo r loans t os ec t i on 50 2b orrowers, ofw h ich $ 1 ,121,4 8 8,000 shall be for direct loans, and of which $ 6 ,223,85 9 ,000 shall be for unsubsidi z ed g uaranteed loans $34,410,000 for section 504 housing re p air loans; $69,512,000 for section 515 rental housing; $129,090,000 for section 538 guaranteed m ulti - famil y housing loans; $5,045,000 for section 524 site loans; $11,447,000 for credit sales of ac q uired property, of which up to $1,447,000 may be for multi-family credit sales; and $4,970,000 for section 523 self-help housing land de v elopment loans .F or the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the C ongres- sional B udget A ct of 1974, as follows: section 502 loans, $154,407,000, of which $75,364,000 shall be for direct loans, and of which $79,043,000, to remain available until e x pended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $9,246,000; repair, rehabilitation, and new construction of section 515 rental housing, $28,611,000; section 538 multi-family housing guaranteed loans, $8,082,000; credit sales of acquired prop- erty, $523,000; and section 523 self-help housing and development loans, $82,000: Provide d ,T hat of the total amount appropriated in this paragraph, $2,500,000 shall be available through J une 30, 2009, for authorized empowerment zones and enterprise commu- nities and communities designated by the S ecretary of Agriculture as R ural E conomic Area P artnership Z ones: Provided fu r th er, That, for applications received under the 2009 notice of funding avail- ability, section 538 multi-family housing guaranteed loans funded pursuant to this paragraph shall not be sub j ect to a guarantee fee and the interest on such loans may not be subsidized: Provided further, That any balances for a demonstration program for the preservation and revitalization of the section 515 multi-family rental housing properties as authorized by Public L aw 109 – 97 and Public Law 110–5 shall be transferred to and merged with the ‘ ‘Rural H ousing Service, M ulti-family Housing Revitalization Pro- gram Account ’ ’. I n addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $460,217,000, which shall be transferred to and merged with the appropriation for ‘‘Rural D evelopment, Salaries and Expenses’’. RENTAL A S S I STAN C E P R OG RA M For rental assistance agreements entered into or renewed pursuant to the authority under section 521 ( a ) (2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain available through September 30, 2010; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That of this amount, up to $5,958,000 shall be available for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided further, That of this amount not less than $2,030,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, and not less


text:
Page:United States Statutes at Large Volume 123.djvu/561

 123STA T .54 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9than$3,40 0,000 isfor n ewlyc onstr u cte d units financed under sec - tions 51 4and51 6 of the H ousin gA ctof1 9 49
 * Provide

d fu r th er ,T hat rental assistance agree m ents entered into or renewed during the current fiscal year shall b e funded for a one-year p eriod: Pro - vided further, That any une x pended balances remaining at the end of such one-year agreements may be transferred and used for the purposes of any debt reduction maintenance, repair, or rehabilitation of any existing pro j ects; preser v ation; and rental assistance activities authori z ed under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2 009 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants see k ing such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act .MULTI - FA MIL YHO U S I NGREV ITALI Z ATION P ROGRAM A C COUNT F or the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding sub- section ( b ) of such section, for the cost to conduct a housing dem- onstration program to provide revolving loans for the preservation of low-income multi-family housing projects, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $2 7 ,714,000, to remain available until expended: Provided, That of the funds made available under this heading, $4,965,000 shall be available for rural housing vouchers to any low-income household (including those not receiving rental assist- ance) residing in a property financed with a section 515 loan which has been prepaid after S eptember 30, 2005: Provided further, That the amount of such voucher shall be the difference between com- parable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the D epartment of Housing and U rban Development (including the ability to pay administrative costs related to delivery of the voucher funds): Pro- vided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstra- tion programs for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $2,889,000 shall be available for the cost of loans to private non- profit organizations, or such non-profit organizations ’ affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects: Pro- vided further, That loans under such demonstration program shall Loans.V o ucher s. Ap p li ca b ili ty . C ontracts.


text:
The New International Encyclopædia/Civil-Service Reform

CIVIL-SERVICE REFORM. In the most general sense, the adoption, by legislation or executive action, of rules for improving the civil service of the State by prescribing the qualifications of candidates for public office, and for the good behavior of public servants and their independence of external control. Specifically, and as commonly employed in the United States, the expression refers to the movement of the last hundred years in Great Britain and the United States for the elimination from the public administration of the corrupting influences of party politics.

Owing to the power which has usually attended the possession of public office and the lack of any effective supervision or criticism, public administration has in all stages of political development been affected with corruption and inefficiency and extravagance. The various forms of autocratic government, which preceded the more popular governments of our day, furnished a peculiarly favorable soil for the growth of these evils. (See .) It was a disappointing result of the first effective appearance of government ‘by the people’ in modern times, that it should not only have failed to correct these tendencies of the earlier régime, but should have intensified them and given them

new and more enduring vitality. It is to the excessive and vicious development of the party system in its earlier stages that we owe this condition of affairs. Human nature is much the same under all forms of government; and it is, therefore, not to be wondered at that great party leaders, like Bolingbroke and Walpole, having great patronage at their command, should employ it to consolidate their power or that of their party. The ‘spoils system,’ as it is called in the United States, had its inception with the real beginning of popular government, in the reign of William III. William III. was himself a great administrator, and his first efforts were directed to a reform in the public service. But the only permanent ‘reform’ effected was the substitution of Parliament for the Crown as the source of office and official corruption. At the accession of Anne in 1702, the party system had enveloped the whole civil service of Great Britain. All of the offices of State and all employments under them, from the highest to the meanest, were the assets of the party in power and were available for party purposes. The results of the system were in the highest degree demoralizing to the public administration and to the public spirit of the nation. As has been well said of this period in England, “the partisan system of appointments and promotions aggravated the evils of Parliamentary patronage, made administration costly and feeble, spread corruption from the departments to cities, boroughs, and elections, while it disgusted the better class of citizens, alarmed statesmen, and exasperated and debased all political contests.” Matters grew steadily worse through the early part of George III.'s long reign, the efforts of Rockingham, Burke, Pitt, and other patriots to stay the tide of corrupt practices being neutralized by the stubborn resistance of the King. The tide turned, however, with the coming in of the second Rockingham Ministry in 1782, and when George IV. ascended the throne, in 1820, though the partisan system still existed, its worst abuses had been driven out by the growth of a better public sentiment. The great Reform movement which culminated in 1832 had no direct concern with administration and produced no immediate effect on the movement for administrative reform; but the ‘merit system’ of selecting candidates for office was tried on a small scale as early as 1834, and slowly but steadily made its way. It was probably the demoralization of the Indian service which opened the eyes of British statesmen to the necessity for more sweeping methods of reform; and after securing the passage of the India Act of 1853, the Government of Lord Aberdeen appointed a commission, consisting of Sir Stafford Northcote and Sir Charles Trevelyan, to make an inquiry into the condition of the public service and to suggest improvements therein. This commission having in the same year reported, recommending a uniform system of competitive examinations to test personal fitness for the public service, in 1855 such a system was established by the Ministry of Lord Palmerston, through an order of the Queen in Council. This sweeping reform, which has proved to be as permanent as it has been salutary, was brought about by the wisdom and experience of the administration, in the face of a hostile majority in Parliament and an apathetic public opinion. The beneficial effects of the new

quickly became apparent, and in the extremely short space of four years had roused a strong public sentiment in its favor and won the unanimous support of Parliament, and in 1859 was fully legalized by statute. The last step in the reform of the British civil service was taken in 1870, when the competition, previously somewhat restricted, was thrown open by an Order in Council to all persons of requisite age, health, and character.

The ‘spoils system’ and its reform have had a shorter and a more recent history in the United States. It was instituted by President Jackson in 1829, as an incident of his bitter and proscriptive campaign for the Presidency, at a time when it was already on the wane in Great Britain. The doctrine enunciated in the notorious declaration of Senator Marcy, that “to the victor belong the spoils of the enemy,” rapidly became the accepted principle of political action in this country, and represents a more thoroughgoing and vicious form of the system than ever existed in England. There, as here, office was the reward of party service; but the principle of the ‘clean sweep,’ whereby an incoming administration makes room for its supporters by the wholesale removal of the incumbents of the public service, was the exclusive possession of the American Republic. So well adapted did this principle prove itself to the American party system, that it spread rapidly from the national Government to the several States until it permeated the entire public life of the country. So firmly did it become intrenched in the civic life of the American people, that it has been affectionately described and defended by its supporters as the ‘American system.’ Its essentially artificial character is evidenced by the fact that in the forty years from the beginning of Washington's administration to that of Jackson, not a single subordinate officer of the Government was removed without cause, while in Jackson's first term the number of such removals rose to thousands.

This was not accomplished without protest, however. The new principle was vigorously combated in the Senate of the United States by Clay, Webster, Calhoun, and other leaders — the first of whom denounced it as “a detestible system, drawn from the worst periods of the Roman Republic.” But nothing availed to stay the tide, and for forty years more no President raised his voice against the system or failed to act upon it. But the sentiment in favor of reform was slowly gathering force, and in 1867 it found its first effective expression in a report to the House of Representatives, made by Mr. Thomas A. Jenckes of Rhode Island, recommending the establishment of a merit system, based upon competitive examinations. A second report, recommending similar action, was made by Mr. Jenckes the next year, but it was not until 1871 that the growing force of public opinion compelled Congress to take action upon the subject. In that year a clause in the general appropriation bill authorized the President to prescribe rules for admission to the civil service, and to appoint a commission for that purpose. President Grant thereupon appointed the first Civil Service Commission, with George William Curtis as chairman, and in December of the same year the Commission reported, recommending a set of rules and regulations. This report was

adopted and the rules and regulations of the Commission put into effect, and thus the first victory for Civil-Service Reform was won. These rules, with certain additions to them recommended by the Commission in the spring of 1872, remained in force until the winter of 1875, when the growing opposition of the politicians induced Congress to withhold the annual appropriation for the working of the system, and the President yielded to party pressure and suspended the operation of the Civil-Service Rules. The most memorable event in the long struggle for the reform of the civil service in the United States was the organization of the Civil-Service Reform Association in New York in May, 1877. This organization, and the National Civil-Service Reform League into which it developed, under the presidency of Mr. Curtis, instituted an active propaganda for the creation of a public sentiment in favor of the reform, and by its meetings and public addresses, and by the high and disinterested character of the men who were prominent in its work, powerfully stimulated the movement. After this the triumph of the reform was not long delayed. In January, 1883, the bill introduced by Senator Pendleton, of Ohio, which, in the language of the National Civil-Service Reform League, provided “a constitutional, practical, and effective measure for the remedy of the abuse known as the spoils system,” was adopted by overwhelming majorities of both Houses of Congress, and the ‘merit system’ was an established fact. The Civil-Service Law, which went into effect in July, 1883, prohibited the vicious practice of levying assessments for partisan purposes upon members of the civil service of the Government, authorized the appointment of a commission to frame rules and regulations for the civil service, and empowered the President, from time to time, to determine by executive order what classes of the public services should come under the operation of such rules. In the same year a similar bill, applying the same principles to the civil service of the State of New York, was passed by the Legislature and became a law, and in the following year the system was extended by statute to the twenty-three incorporated cities of that State. In 1884, also, the new system was adopted in Massachusetts. The reform of the civil service was now secure, but still far from complete. The President (Arthur), who had himself, as a New York politician, been a devoted adherent of the old system, nevertheless administered the new one faithfully; but it was deemed expedient to proceed slowly in its application, and only 14,000 employés of the Government were at first brought within the ‘classified service.’ It must he said that the high tide of public feeling which resulted in these sweeping victories for the movement has never been reached again, and that the active hostility of party leaders has greatly retarded its progress. The new system has made gains; it has been adopted in whole or in part in a few more States, and it has been extended by executive order of the President to classes of public servants not previously affected by it, but in many of the United States the political ‘machine’ has been strong enough to maintain the old system unimpaired, and in many others there is a complete absence of popular feeling on the subject. In other words,

the political development of the American people has not yet reached the point, attained by the English electorate a generation ago, of recognizing the supreme importance of clean and efficient administration to the welfare of the State. Much of the progress of the past twenty years has been due to the cautious initiative of enlightened Presidents, especially of Cleveland, Harrison, and Roosevelt, the last of whom has long been known as a devoted friend of the reform movement, and, as Civil-Service Commissioner under President Harrison, did much to commend the new system to the American people. The nature of the ‘merit system’ and its operation will be described under that title. The character of the partisan system will be found discussed in the article on the ‘Spoils System.’ See also ; and consult: Eaton, Civil Service in Great Britain: A History of Abuses and Reforms and Their Bearing Upon American Politics (New York, 1880); George William Curtis, Orations and Addresses, vol. ii. (New York, 1894); Theodore Roosevelt, American Ideals, part ii. (New York, 1900); Bain, Practical Essays (London); Clarke, Civil-Service Law (3d ed., New York, 1897); Rogers, “George William Curtis and Civil-Service Reform,” in Atlantic Monthly (January, 1893); and the reports of the American Civil-Service Reform Association.


text:
Page:The complete poems of Emily Bronte.djvu/353

Rh XLVIII


text:
Page:United States Statutes at Large Volume 123.djvu/562

 123STA T .54 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9have a ni n t e r e s t rate of not m ore than 1p er c ent d irect l oan to the recipient
 * Provide

d fu r th er ,T hat the S ecretar y may defer the interest and principal payment to the Ru ral H ousin g Service for up to 3 years and the term of such loans shall not e x ceed 3 0 years: Provided further, That of the funds made availa b le under this heading ,$ 1 9, 86 0,000 shall be available for a demonstration program for the preservation and revitali z ation of the section 5 1 4, 515, and 516 multi - family rental housing properties to restructure existing U S DA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the pro j ect has sufficient resources to preserve the project for the purpose of pro- viding safe and affordable housing for lo w -income residents and farm laborers including reducing or eliminating interest deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives ( including the ability of owners to obtain reasonable returns on investment ) re q uired by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitaliza- tion agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Sec- retary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revital- ization demonstration program may be used for such vouchers: Provided further, That the Secretary may use any unobligated funds appropriated for the rural housing voucher program in a prior fiscal year to support information technology activities of the Rural Housing Service to the extent the Secretary determines that additional funds are not needed for this fiscal year to provide vouchers described in this paragraph: Provided further, That if C ongress enacts legislation to permanently authorize a section 515 multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress .MUT U AL A NDSE L F - H EL P H O US I N G G R ANTS F or grants and contracts pursuant to section 5 2 3(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $38, 7 27,000, to remain available until expended: Provided, That of the total amount appro- priated, $1,000,000 shall be available through J une 30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural E conomic Area P artnership Z ones. RURAL HOUSING ASSISTAN C E GRANTS ( INCLUDING TRANSFER OF FUNDS ) For grants and contracts for very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, $41,500,000, to remain available until expended: Provided, That of the total amount appropriated, $1,200,000 shall be available through June 30, 2009, for authorized empowerment zones and