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Page:United States Statutes at Large Volume 123.djvu/1862

 123STA T . 1 84 2 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9(2)imped ime nts identi f ied by t h e Fo od a nd DrugA dminis - tration to progress in imp l ementing this di v ision and to meeting statutory timeframes ( 3 ) data on the number of ne w produ c t applications received under section 910 of the Federal Food , Drug, and C osmetic Act and modified ris k product applications received under sec- tion 911 of such Act, and the number of applications acted on under each category; and ( 4 ) data on the number of full time e q uivalents engaged in implementing this division . (b) G A OREPORT . —N ot later than 5 years after the date of enactment of this Act, the Comptroller General of the U nited S tates shall conduct a study of, and submit to the Committees described in subsection (a) a report concerning— (1) the adequacy of the authority and resources provided to the Secretary of H ealth and Human Services for this division to carry out its goals and purposes; and (2) any recommendations for strengthening that authority to more effectively protect the public health with respect to the manufacture, marketing, and distribution of tobacco prod- ucts. (c) PUBLIC A VA ILABILIT Y .— T he Secretary of Health and Human Services and the Comptroller General of the United States, respec- tively, shall make the reports required under subsection (a) and (b) available to the public, including by posting such reports on the respective I nternet websites of the Food and Drug Administra- tion and the Government Accountability Office. TI T LE II — T OBAC CO PR O DU CT W AR N- IN GS; CONSTITUENT AND S M O K E CONSTITUENT DISCLOSURE SEC.201 .C IGAR E T TE L A B ELA ND AD V ERTISING W ARNINGS. (a) A M E ND MENT.—Section 4 of the Federal Cigarette L abeling and Advertising Act (15 U.S.C. 1333) is amended to read as follows

‘SEC. 4 . LABELING. ‘ ‘(a) LABEL RE Q UIREMENT S .— ‘‘(1) IN G ENERAL.—It shall be unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: ‘‘ W ARNING: Cigarettes are addictive. ‘‘WARNING: Tobacco smoke can harm your children. ‘‘WARNING: Cigarettes cause fatal lung disease. ‘‘WARNING: Cigarettes cause cancer. ‘‘WARNING: Cigarettes cause strokes and heart dis- ease. ‘‘WARNING: Smoking during pregnancy can harm your baby. ‘‘WARNING: Smoking can kill you. ‘‘WARNING: Tobacco smoke causes fatal lung disease in nonsmokers. Webposting.S t udy .


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Page:United States Statutes at Large Volume 123.djvu/1863

 123STA T . 1 84 3 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ WARNI N G:Quit ti ngsmok ing no w g rea t ly re d u c es serious risks to your h ealth . ‘‘ (2)PLACEM E NT; T YPOGR AP H Y; ETC. —E ach la b el statement re q uired by p aragraph ( 1 ) shall be located in the upper portion o f the front and rear panels of the package , directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. T he word ‘WARNING ’ shall appear in capital letters and all te x t shall be in con - spicuous and legible 1 7 -point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type si z e, pro v ided that at least 6 0 percent of such area is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (c). ‘‘( 3 ) D OE S NOT APPLY TO F ORE I GN D ISTRI BU TION.—The provi- sions of this subsection do not apply to a tobacco product manufacturer or distributor of cigarettes which does not manu- facture, package, or import cigarettes for sale or distribution within the U nited S tates. ‘‘( 4 ) APPLICABILITY TO RETAILERS.—A retailer of cigarettes shall not be in violation of this subsection for packaging that— ‘‘(A) contains a warning label; ‘‘( B ) is supplied to the retailer by a license- or permit- holding tobacco product manufacturer, importer, or dis- tributor; and ‘‘( C ) is not altered by the retailer in a way that is material to the requirements of this subsection. ‘‘(b) AD V ERTISING RE Q UIREMENTS.— ‘‘(1) IN GENERAL.—It shall be unlawful for any tobacco product manufacturer, importer, distributor, or retailer of ciga- rettes to advertise or cause to be advertised within the United States any cigarette unless its advertising bears, in accordance with the requirements of this section, one of the labels specified in subsection (a). ‘‘(2) TYPOGRAPHY, ETC.—Each label statement required by subsection (a) in cigarette advertising shall comply with the standards set forth in this paragraph. F or press and poster advertisements, each such statement and (where applicable) any required statement relating to tar, nicotine, or other con- stituent (including a smoke constituent) yield shall comprise at least 20 percent of the area of the advertisement and shall appear in a conspicuous and prominent format and location at the top of each advertisement within the trim area. The Secretary may revise the required type sizes in such area in such manner as the Secretary determines appropriate. The word ‘WARNING’ shall appear in capital letters, and each label statement shall appear in conspicuous and legible type. The text of the label statement shall be black if the background is white and white if the background is black, under the plan submitted under subsection (c). The label statements shall be enclosed by a rectangular border that is the same color as the letters of the statements and that is the width of the first downstroke of the capital ‘W’ of the word ‘WARNING’

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


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Page:United States Statutes at Large Volume 123.djvu/1864

 123STA T . 1 84 4 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9inthelab el s tate m ents .T he te x t of s uc h label statements shallbeinat yp eface p r o rata to the follo w in g re q uirements
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point type for a whole-page broa d sheet newspaper ad v ertise- ment -point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid news- paper advertisement; 27 -point type for a half-page tabloid news- paper advertisement; 3 1 .5-point type for a double page spread maga z ine or whole-page magazine advertisement; 22.5-point typefora2 8 centimeter by 3 column advertisement; and 15- point type for a 2 0 centimeter by 2 column advertisement. The label statements shall be in E nglish , except that —‘ ‘ (A) in the case of an advertisement that appears in a newspaper, magazine, periodical, or other publication that is not in English, the statements shall appear in the predominant language of the publication; and ‘‘( B ) in the case of any other advertisement that is not in English, the statements shall appear in the same language as that principally used in the advertisement. ‘‘(3) MATCHBO O KS .— N otwithstanding paragraph (2), for matchboo k s (defined as containing not more than 20 matches) customarily given away with the purchase of tobacco products, each label statement required by subsection (a) may be printed on the inside cover of the matchbook. ‘‘(4) A DJU ST MEN TB Y SEC R ETARY.—The S ecretary may, through a rulemaking under section 553 of title 5, U nited States C ode, ad j ust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent (including smoke constituent) disclosures; or the text, format, and type sizes for any other disclosures required under the F ederal Food, D rug, and Cosmetic Act. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of cigarette advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area. ‘‘(c) MARKET I N GR E Q UIREMENTS.— ‘‘(1) RANDOM DIS PL AY.—The label statements specified in subsection (a)(1) shall be randomly displayed in each 12-month period, in as equal a number of times as is possible on each brand of the product and be randomly distributed in all areas of the United States in which the product is marketed in accordance with a plan submitted by the tobacco product manu- facturer, importer, distributor, or retailer and approved by the Secretary. ‘‘(2) ROTATION.—The label statements specified in sub- section (a)(1) shall be rotated quarterly in alternating sequence in advertisements for each brand of cigarettes in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Sec- retary. ‘‘(3) RE V IE W .—The Secretary shall review each plan sub- mitted under paragraph (2) and approve it if the plan— Deadlin e .T i m e p e r i o d. R e gu la t ion s .
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Page:United States Statutes at Large Volume 123.djvu/1865

 123STA T . 1 845PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (A)wil l prov i def or th ee qua ldi s tri b utio n and displa y on pa ck a g ing and the rotation required in advertising under this subsection and ‘‘( B ) assures that all of the labels required under this section will be displayed by the tobacco product m anufac - turer , importer, distributor, or retailer at the same time . ‘‘( 4 )A P P LICAB ILI TY T ORE TAILER S . —T his subsection and sub- section (b) apply to a retailer only if that retailer is responsible for or directs the label statements required under this section e x cept that this paragraph shall not relieve a retailer of liability if the retailer displays, in a location open to the public, an advertisement that does not contain a warning label or has been altered by the retailer in a way that is material to the requirements of this subsection and subsection (b). ‘‘(d) G RAP H IC L ABEL S TATE M E N TS.— N ot later than 2 4 months after the date of enactment of the F amily Smoking P revention and Tobacco C ontrol Act, the Secretary shall issue regulations that require color graphics depicting the negative health consequences of smoking to accompany the label statements specified in sub- section (a)( 1 ). The Secretary may ad j ust the type si z e, text and format of the label statements specified in subsections (a)(2) and (b)(2) as the Secretary determines appropriate so that both the graphics and the accompanying label statements are clear, con- spicuous, legible and appear within the specified area. ’ ’. (b) EF FECTI V E D ATE.—The amendment made by subsection (a) shall take effect 1 5 months after the issuance of the regulations required by subsection (a). Such effective date shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the U nited States any product, irrespective of the date of manufacture, that is not in conformance with section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333), as amended by subsection (a). SEC.20 2. AUTHORI T Y TO RE V ISE CI G ARETTE W AR N ING L A B EL STATE -M ENTS. (a) PREEMPTION.—Section 5(a) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1334(a)) is amended by striking ‘‘No’’ and inserting ‘‘Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under section 9 03(a)(2) or section 920(a) of the Federal Food, Drug, and Cosmetic Act, no’’. (b) CHAN G EIN R E QU IRE D STATEMENTS.—Section 4 of the Fed- eral Cigarette Labeling and Advertising Act (15 U.S.C. 1333), as amended by section 201, is further amended by adding at the end the following ‘‘(d) CHANGE IN REQUIRED STATEMENTS.—The Secretary through a rulemaking conducted under section 553 of title 5, United States Code, may adjust the format, type size, color graphics, and text of any of the label requirements, or establish the format, type size, and text of any other disclosures required under the Federal Food, Drug, and Cosmetic Act, if the Secretary finds that 15USC 1 3 33 note.D e adli ne. R e gu lation s .


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Page:United States Statutes at Large Volume 123.djvu/1866

 123STA T . 1 846PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9sucha cha ngewo u ldpr o m o t e greater pu b l i c understanding o f the ris k s associated with the use of tobacco products .’ ’. SEC.203 .S TA TE R E GUL AT ION O F CIGARETTE A DV ERTISING AND P RO -M OTION. S ection 5 of the F ederal C igarette L abeling and A d v ertising Act (1 5 U .S.C. 1 3 3 4) is amended b y adding at the end the following

‘(c) EXCEPTION . —N otwithstanding subsection (b) , a State or locality may enact statutes and promulgate regulations, based on smoking and health, that take effect after the effective date of the Family Smoking P revention and T obacco Control Act, imposing specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes.’’. SEC. 20 4 . SMO K ELESS TO B ACCO LABELS AND ADVERTISING W ARNINGS. (a) A M EN D MENT.—Section 3 of the Comprehensive Smokeless Tobacco H ealth Education Act of 1 986 (15 U.S.C. 44 02 ) is amended to read as follows: ‘ ‘SEC. 3. SMOKELESS TOBACCO WARNING. ‘‘(a) G ENE RALRU LE.— ‘‘(1) I t shall be unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the re q uirements of this Act, one of the following labels: ‘‘ W ARNING: This product can cause mouth cancer. ‘‘WARNING: This product can cause gum disease and tooth loss. ‘‘WARNING: This product is not a safe alternative to cigarettes. ‘‘WARNING: Smokeless tobacco is addictive. ‘‘(2) Each label statement required by paragraph (1) shall be— ‘‘(A) located on the 2 principal display panels of the package, and each label statement shall comprise at least 30 percent of each such display panel and ‘‘( B )in1 7- point conspicuous and legible type and in black te x t on a white background, or white text on a black background, in a manner that contrasts by typog- raphy, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (b)(3), except that if the text of a label statement would occupy more than 70 percent of the area specified by subparagraph (A), such text may appear in a smaller type si z e, so long as at least 60 percent of such warning area is occupied by the label statement. ‘‘(3) The label statements required by paragraph (1) shall be introduced by each tobacco product manufacturer, packager, importer, distributor, or retailer of smokeless tobacco products concurrently into the distribution chain of such products. ‘‘(4) The provisions of this subsection do not apply to a tobacco product manufacturer or distributor of any smokeless tobacco product that does not manufacture, package, or import smokeless tobacco products for sale or distribution within the United States.


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Page:United States Statutes at Large Volume 123.djvu/1867

 123STA T . 1 847PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (5)Aretail er ofsm o k eless to b a c co p ro du cts s h all n ot be in v iolation of this subsection for packa g ing that — ‘‘(A) contains a w arning label ‘‘( B ) is supplied to the retailer b y a license - or permit- holding tobacco product manufacturer , importer, or dis- tributor; and ‘‘( C ) is not altered by the retailer in a way that is material to the re q uirements of this subsection . ‘‘(b) REQUIR E DLAB E LS .— ‘‘( 1 ) I t shall be unlawful for any tobacco product manufac- turer, packager, importer, distributor, or retailer of smokeless tobacco products to advertise or cause to be advertised within the U nited S tates any smokeless tobacco product unless its advertising bears, in accordance with the requirements of this section, one of the labels specified in subsection (a). ‘‘( 2 )(A) E ach label statement required by subsection (a) in smokeless tobacco advertising shall comply with the stand- ards set forth in this paragraph. ‘‘(B) F or press and poster advertisements, each such state- ment and (where applicable) any required statement relating to tar, nicotine, or other constituent yield shall comprise at least 2 0 percent of the area of the advertisement. ‘‘(C) T he word ‘ W AR N IN G’ shall appear in capital letters, and each label statement shall appear in conspicuous and leg- ible type. ‘‘( D )Thete x t of the label statement shall be black on a white background, or white on a black background, in an alternating fashion under the plan submitted under paragraph ( 3 ). ‘‘(E) The label statements shall be enclosed by a rectangular border that is the same color as the letters of the statements and that is the width of the first downstroke of the capital ‘W’ of the word ‘WARNING’ in the label statements. ‘‘(F) The text of such label statements shall be in a typeface pro rata to the following requirements
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5-point type for a whole-page broadsheet newspaper advertisement; 3 9 -point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid newspaper advertisement; 2 7 - point type for a half-page tabloid newspaper advertisement; 31.5-point type for a double page spread maga z ine or whole- page magazine advertisement; 22.5-point type for a 2 8 centi- meter by 3 column advertisement; and 15-point type for a 20 centimeter by 2 column advertisement. ‘‘(G) The label statements shall be in English, except that— ‘‘(i) in the case of an advertisement that appears in a newspaper, magazine, periodical, or other publication that is not in English, the statements shall appear in the predominant language of the publication; and ‘‘(ii) in the case of any other advertisement that is not in English, the statements shall appear in the same language as that principally used in the advertisement. ‘‘(3)(A) The label statements specified in subsection (a)(1) shall be randomly displayed in each 12-month period, in as equal a number of times as is possible on each brand of the product and be randomly distributed in all areas of the United States in which the product is marketed in accordance with


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Page:United States Statutes at Large Volume 123.djvu/1868

 123STA T . 1 84 8 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9apl a nsubmit t ed b y t h et o ba c cop r oduct manu f acturer , importer, distributor, or retailer and appro v ed by the S ecretary .‘ ‘ (B)T he label statements specified in subsection (a)( 1 ) shall be rotated q uarterly in alternatin g sequence in advertisements for each brand of smo k eless tobacco product in accordance w ith a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Secretary. ‘‘( C ) The Secretary shall review each plan submitted under subparagraphs ( A ) and (B) and approve it if the plan — ‘‘(i) will provide for the equal distribution and display on packaging and the rotation required in advertising under this subsection and ‘‘(ii) assures that all of the labels required under this section will be displayed by the tobacco product manufac - turer, importer, distributor, or retailer at the same time. ‘‘( D ) This paragraph applies to a retailer only if that retailer is responsible for or directs the label statements under this section, unless the retailer displays, in a location open to the public, an advertisement that does not contain a warning label or has been altered by the retailer in a way that is material to the requirements of this subsection. ‘‘( 4 ) The Secretary may, through a rulemaking under sec- tion 5 5 3 of title 5, U nited States Code, ad j ust the format and type si z es for the label statements required by this section; the te x t, format, and type sizes of any required tar, nicotine yield, or other constituent disclosures; or the text, format, and type sizes for any other disclosures required under the F ederal Food, Drug, and Cosmetic Act. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of advertisements provided by para- graph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area. ‘‘(c) T EL E VIS I ONA N DR ADIO ADVE RT ISIN G .— I t is unlawful to advertise smokeless tobacco on any medium of electronic commu- nications subject to the jurisdiction of the Federal Communications Commission. ’ ’. (b) EF FE C TIVE DATE.—The amendment made by subsection (a) shall take effect 12 months after the date of enactment of this Act. Such effective date shall be with respect to the date of manufac- ture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with section 3 of the Comprehensive Smokeless Tobacco H ealth Education Act of1 986 (15 U.S.C. 4402), as amended by subsection (a). SEC.205 . AUTHORI T Y TO RE V ISE S M O K E L ESS TO B ACCO P RO D UCT W AR N IN G LABEL STATEMENTS. (a) IN G ENERAL.—Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as amended by section 204, is further amended by adding at the end the fol- lowing ‘‘(d) A U T H ORIT Y TO REVISE W ARNING L A B EL STATE M ENTS.— The Secretary may, by a rulemaking conducted under section 553 15USC4 4 02note.R e gula t i on s . Ap pli c a b ilit y .


text: Dictionary of National Biography, 1885-1900/Moon, Francis Graham


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Page:United States Statutes at Large Volume 123.djvu/1869

 123STA T . 1 849PUBLIC LA W 111 – 31 —J U NE 22, 2 0 09 ofti t le5,Un ite dS t a te sC ode, ad ju stt h efo rm at, t yp esi z e, and te x tofanyofthela b el re q uirements, require c olor g raphics to accompany the text, increase the required label area from 30 percent up to 50 percent of the front and rear panels of the pac k age, or establish the format, type size, and text of any other disclosures required under the F ederal Food, D rug, and Cosmetic A ct, if the Secretary finds that such a change w ould promote greater public understanding of the risks associated with the use of smokeless tobacco products .’ ’. ( b )PRE E MPTION . — Section 7 (a) of the Comprehensi v e Smokeless T obacco H ealth E ducation Act of 1986 (15 U.S.C. 4 406(a)) is amended by striking ‘ ‘ N o’’ and inserting ‘‘Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no’’. SEC.206 . TAR,NI C O TINE, AN D OT H ERS M O K E CONSTIT U ENT DISC L O - SURE TO THE P U B LIC. Section 4 of the Federal Cigarette L abeling and Advertising Act (15 U.S.C. 1333), as amended by sections 2 01 and 202, is further amended by adding at the end the following ‘‘(e) T A R, NI C OTINE, AN DO T H ER SMO K E CON S TIT U ENT DISC L O - SURE.— ‘‘(1) I N G ENERAL.—The Secretary shall, by a rulemaking conducted under section 553 of title 5, United States Code, determine (in the Secretary’s sole discretion) whether cigarette and other tobacco product manufacturers shall be required to include in the area of each cigarette advertisement specified by subsection (b) of this section, or on the package label, or both, the tar and nicotine yields of the advertised or packaged brand. Any such disclosure shall be in accordance with the methodology established under such regulations, shall conform to the type size requirements of subsection (b) of this section, and shall appear within the area specified in subsection (b) of this section. ‘‘(2) R ESOLUTION O F DIFFERENCES.—Any differences between the requirements established by the Secretary under paragraph (1) and tar and nicotine yield reporting requirements established by the Federal Trade Commission shall be resolved by a memorandum of understanding between the Secretary and the Federal Trade Commission. ‘‘(3) CIGARETTE AND OTHER TO B ACCO PRODUCT CONSTITU- ENTS.—In addition to the disclosures required by paragraph (1), the Secretary may, under a rulemaking conducted under section 553 of title 5, United States Code, prescribe disclosure requirements regarding the level of any cigarette or other tobacco product constituent including any smoke constituent. Any such disclosure may be required if the Secretary deter- mines that disclosure would be of benefit to the public health, or otherwise would increase consumer awareness of the health consequences of the use of tobacco products, except that no such prescribed disclosure shall be required on the face of any cigarette package or advertisement. Nothing in this section shall prohibit the Secretary from requiring such prescribed disclosure through a cigarette or other tobacco product package or advertisement insert, or by any other means under the Federal Food, Drug, and Cosmetic Act. Memorandu m .R e g u l a ti on s.


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Page:United States Statutes at Large Volume 123.djvu/1870

 123STA T . 1 850PUBLIC LA W 111 – 31 —J U NE 22, 200 9‘ ‘ (4)RETAIL E RS.—This s ub s ect i onap p l iestoa r etailer onl y i f that retailer is responsible for or d irects the label state m ents re q uired under this section. ’ ’. TI T LE III —PR E V E N TI O NO F ILLI C IT TR AD EINTO B ACCO PROD U CT SSEC.301 . LAB EL ING,R EC O R DK EE P ING, RECORDS INSPEC T ION. C hapter IX of the F ederal Food ,D ru g , and Cosmetic A ct, as added by section 10 1, is further amended by adding at the end the follo w ing

‘SEC. 92 0. LABELING, RECORDKEEPING, RECORDS INSPECTION. ‘‘(a) O RI G I NL A B ELING.— ‘‘(1) RE QU IRE M ENT.— B eginning 1 year after the date of enactment of the Family S mo k ing P re v ention and Tobacco Con - trol Act, the label, packaging, and shipping containers of tobacco products other than cigarettes for introduction or delivery for introduction into interstate commerce in the U nited States shall bear the statement ‘sale only allowed in the United States’. Beginning 1 5 months after the issuance of the regula- tions required by section 4(d) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1 3 33), as amended by section 2 01 of Family Smoking Prevention and Tobacco Control Act, the label, packaging, and shipping containers of cigarettes for introduction or delivery for introduction into interstate com- merce in the United States shall bear the statement ‘Sale only allowed in the United States’. ‘‘(2) EF FE C TI V E D ATE.—The effective date specified in para- graph (1) shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effec- tive date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with such paragraph. ‘‘(b) REGULATI O NS CONCERNING RECORD K EE P ING FOR TRACKING AND TRACING.— ‘‘(1) IN GENERAL.—The Secretary shall promulgate regula- tions regarding the establishment and maintenance of records by any person who manufactures, processes, transports, distrib- utes, receives, packages, holds, e x ports, or imports tobacco prod- ucts. ‘‘(2) INSPECTION.—In promulgating the regulations described in paragraph (1), the Secretary shall consider which records are needed for inspection to monitor the movement of tobacco products from the point of manufacture through distribution to retail outlets to assist in investigating potential illicit trade, smuggling, or counterfeiting of tobacco products. ‘‘(3) CODES.—The Secretary may require codes on the labels of tobacco products or other designs or devices for the purpose of tracking or tracing the tobacco product through the distribu- tion system. ‘‘(4) SI Z E OF BUSINESS.—The Secretary shall take into account the si z e of a business in promulgating regulations under this section. Ef f ectiv e da te s.21USC387 t. Ap p l ica b ilit y .


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Page:United States Statutes at Large Volume 123.djvu/1871

 123STA T . 1 85 1 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (5)RECORDK EE PINGBY RE TA I L ER S.—TheS e cr e ta r ys ha l l no tre qui re any retailer to m aintain recor d s relatin g to indi -v idual p urchasers o f to b acco products for personal consumption. ‘‘(c) RECORDS I NSPECTION.—If the Secretary has a reasonable belief that a tobacco product is part of an illicit trade or smuggling or is a counterfeit product , each person w ho manufactures, proc- esses, transports, distributes, receives, holds, pac k ages, e x ports, or imports tobacco products shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, at reasonable times and within reasonable limits and in a reasonable manner, upon the presentation of appropriate credentials and a written notice to such person, to have access to and copy all records (including financial records) relating to such article that are needed to assist the Secretary in investigating potential illicit trade, smuggling, or counterfeiting of tobacco prod- ucts. The Secretary shall not authori z e an officer or employee of the government of any of the several States to exercise authority under the preceding sentence on Indian country without the express written consent of the Indian tribe involved. ‘‘(d) K NO W LEDGE O F ILLEGAL TRANSACTION.— ‘‘( 1 ) N OTIFICATION.—If the manufacturer or distributor of a tobacco product has knowledge which reasonably supports the conclusion that a tobacco product manufactured or distrib- uted by such manufacturer or distributor that has left the control of such person may be or has been— ‘‘( A ) imported, exported, distributed, or offered for sale in interstate commerce by a person without paying duties or taxes required by law or ‘‘( B ) imported, exported, distributed, or diverted for possible illicit marketing, the manufacturer or distributor shall promptly notify the Attorney G eneral and the Secretary of the Treasury of such knowledge. ‘‘( 2 ) KNOWLEDGE DEFINED.— F or purposes of this subsection, the term ‘knowledge ’ as applied to a manufacturer or distributor means— ‘‘(A) the actual knowledge that the manufacturer or distributor had; or ‘‘(B) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. ‘‘(e) C ONS U LTATION.—In carrying out this section, the Secretary shall consult with the Attorney General of the U nited States and the Secretary of the Treasury, as appropriate.’’. SEC.302 .S TUDYAN D R E PO RT. (a) STUDY.—The Comptroller General of the United States shall conduct a study of cross-border trade in tobacco products to— (1) collect data on cross-border trade in tobacco products, including illicit trade and trade of counterfeit tobacco products and make recommendations on the monitoring of such trade; (2) collect data on cross-border advertising (any advertising intended to be broadcast, transmitted, or distributed from the United States to another country) of tobacco products and make recommendations on how to prevent or eliminate, and what technologies could help facilitate the elimination of, cross-border advertising; and Notice.


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Page:United States Statutes at Large Volume 123.djvu/1872

 123STA T . 1 85 2 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9(3)col l e c tda tao n t h e health e f fect s ( p a r t i c u larl yw ith respect to indi v iduals under 18 years of a g e) resulting fro m cross -b order trade in tobacco products , including the health effects resulting from — ( A ) the illicit trade of tobacco products and the trade of counterfeit tobacco products and ( B ) the differing ta x rates applicable to tobacco prod- ucts . (b) REPORT .— N ot later than 18 months after the date of enact- ment of this Act, the C omptroller G eneral of the U nited S tates shall submit to the Committee on H ealth, E ducation, L abor, and P ensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives a report on the study described in subsection (a). (c) D E FIN ITION.— I n this section (1) T he term ‘ ‘cross-border trade ’ ’ means trade across a border of the United States, a State or Territory, or Indian country. ( 2 ) The term ‘‘Indian country’’ has the meaning given to such term in section 11 5 1 of title 18, United States Code. (3) The terms ‘‘State’’ and ‘‘Territory’’ have the meanings given to those terms in section 2 0 1 of the F ederal Food, Drug, and Cosmetic Act (21 U.S.C. 321). DIV I S I ONB—FE DE RAL RE T IRE M ENT REFORM A C T SEC.10 0.S HORT T I T L E T AB LEO F CO N TENTS. (a) S H ORT TIT L E.—This division may be cited as the ‘‘Federal Retirement Reform Act of 200 9 ’’. (b) T AB LE OF CONTENT S .—The table of contents for this division is as follows: DIV I S I ONB—FE DE RAL RE T IRE M ENT REFORM A C T S ec.10 0.S hort t i t l e t ab leo f co n tent s . TITLE I— P ROVISIONS RELATIN G TO FEDERAL EMPLO Y EES RETIREMENT Sec. 101. Short title. Sec. 10 2 . A u to m atic enrollments an d immediate em p lo y in g agency contributions. Sec. 10 3 . Q ualified Roth contribution program. Sec. 10 4 . Authority to establish mutual fund w indow. Sec. 10 5 . Reporting re q uirements. Sec. 10 6 . Ac k nowledgment of risk. Sec. 10 7 . Subpoena authority. Sec. 10 8 . Amounts in Thrift Sa v ings Funds sub j ect to legal proceedings. Sec. 10 9 . Accounts for surviving spouses. Sec. 110. Treatment of members of the uniformed services under the Thrift Savings Plan. TITLE II—SPECIAL S U RVIVOR INDEMNITY ALLO W ANCE FOR SURVIVING SPOUSES OF ARMED FORCES MEMBERS Sec. 201. Increase in monthly amount of special survivor indemnity allowance for widows and widowers of deceased members of the Armed Forces affected by required Survivor Benefit Plan annuity offset for dependency and in - demnity compensation. 5USC10 1 note.F e d e ralR et i re m ent Re f orm Ac t of 2 00 9.


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Page:United States Statutes at Large Volume 123.djvu/1873

 123STA T . 1 85 3 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9TI T LE I —PROV I S IO N S REL A TIN G TO F E D ERAL E M PLO Y EES RETIREMENT SEC.10 1.S HORT T I T L E. Thist it lemayb e c ite d as the ‘ ‘Th r i f t S a v i ng s P lan E nhance - ment A ct o f 20 0 9’ ’ . SEC. 10 2 . AU TO M ATIC E N ROLLMENTS AN D IMMEDIATE EM P LO Y IN G AGENCY CONTRI B UTIONS. ( a )INGE NE RAL . — Section 843 2(b) of title 5,U nited States C ode, is amended by stri k ing p aragraphs (2) thro u gh (4) and inserting the follo w ing ‘‘(2)(A) The E x ecutive D irector shall by regulation provide for an eligible individual to be automatically enrolled to make contribu- tions under subsection (a) at the default percentage of basic pay. ‘‘( B ) F or purposes of this paragraph, the default percentage shall be e q ual to 3 percent or such other percentage, not less than 2 percent nor more than 5 percent, as the Board may prescribe. ‘‘(C) The regulations shall include provisions under which any individual who would otherwise be automatically enrolled in accord- ance with subparagraph (A) may— ‘‘(i) modify the percentage or amount to be contributed pursuant to automatic enrollment, effective not later than the first full pay period following receipt of the election by the appropriate processing entity or ‘‘(ii) decline automatic enrollment altogether. ‘‘(D)(i) Except as provided in clause (ii), for purposes of this paragraph, the term ‘eligible individual’ means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund. ‘‘(ii) M embers of the uniformed services shall not be eligible individuals for purposes of this paragraph. ‘‘(E) Sections 835 1 (a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be applied in a manner consistent with the purposes of this paragraph.’’. (b) TE CH N I CAL A M EN D MEN T .—Section 8432(b)(1) of title 5, United States Code, is amended by striking the parenthetical matter in subparagraph (B). SEC. 10 3 . Q UALI F IED ROTH CONTRIBUTION PROGRAM. (a) IN GENERAL.—Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting after section 8432c the fol- lowing: ‘ ‘ §8432d.Qualif i e d Rothc o n t r i b ution p ro g ra m ‘‘(a) DE F INITI O N S .—For purposes of this section— ‘‘(1) the term ‘qualified R oth contribution program’ means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 198 6 which meets the require- ments of paragraph (2) of such section; and ‘‘(2) the terms ‘designated Roth contribution’ and ‘elective deferral’ have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. Ap p licab ili ty.Regu lati ons . 5USC10 1 note. Thr i f t Sa v ings P lan E nhance m ent Act of 2 00 9.


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Page:United States Statutes at Large Volume 123.djvu/1874

 123STA T . 1 854PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (b)AUTHORI T YT O ES T ABL ISH .— T he E x e cutiv e D i r ect o r s h al l b y re g ulatio np rovi d e f or the inclusion in the Thrift S avings P lan ofa q ualified R oth contribution progra m, under such terms and conditions as the B oard may prescribe. ‘‘(c) R EQ UIRE D PRO V ISIO N S.—The regulations under subsection (b) shall include— ‘‘( 1 ) provisions under w hich an election to ma k e designated Roth contributions may be made— ‘‘(A) by any individual who is eligible to make contribu - tions under section 835 1,8 4 3 2 (a), 844 0 a, 8440b, 8440c, 8440d, or 8440e and ‘‘(B) by any individual, not described in subparagraph (A), who is otherwise eligible to make elective deferrals under the Thrift Savings Plan; ‘‘(2) any provisions which may, as a result of enactment of this section, be necessary in order to clarify the meaning of any reference to an ‘account ’ made in section 8432(f), 8433, 8434(d), 8435, 843 7, or any other provision of law; and ‘‘(3) any other provisions which may be necessary to carry out this section.’’. (b) C LERI C ALA M ENDMENT.—The analysis for chapter 84 of title 5, U nited States Code, is amended by inserting after the item relating to section 8432c the following

‘ 8432d.Qualif i e d Rothc o n t r i b ution p ro g ra m . ’ ’. SEC.104 . AUTHORI T Y TO ESTA BL ISH M UTUAL F U NDW INDOW. (a) I N G ENERAL.—Section 8438(b)(1) of title 5, United States Code, is amended— (1) in subparagraph (D), by striking ‘‘and’’ at the end; (2) in subparagraph (E), by striking the period and inserting ‘‘; and’’; and (3) by adding after subparagraph (E) the following: ‘‘( F ) a service that enables participants to invest in mutual funds, if the Board authori z es the mutual fund window under paragraph (5).’’. (b) REQUIREMENTS.—Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: ‘‘(5)(A) The Board may authorize the addition of a mutual fund window under the Thrift Savings Plan if the Board determines that such addition would be in the best interests of participants. ‘‘(B) The Board shall ensure that any expenses charged for use of the mutual fund window are borne solely by the participants who use such window. ‘‘(C) The Board may establish such other terms and conditions for the mutual fund window as the Board considers appropriate to protect the interests of participants, including requirements relating to risk disclosure. ‘‘(D) The Board shall consult with the Employee Thrift Advisory Council (established under section 8473) before authorizing the addition of a mutual fund window or establishing a service that enables participants to invest in mutual funds.’’. (c) TECHNICAL AND CON F ORMIN G AMENDMENT.—Section 8438(d)(1) of title 5, United States Code, is amended by inserting ‘‘and options’’ after ‘‘investment funds’’. Consulta t i on .Reg ulations.


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The Encyclopedia Americana (1920)/Kirchwey, George Washington

KIRCHWEY, George Washington, American writer on legal subjects: b. Detroit, Mich., 3 July 1855. Graduated in law from Yale University, he practised his profession in Albany, N. Y., for 10 years (1882-91), where he was dean of the Albany Law School and professor of law in Union University (1889-91). On leaving Albany he became professor of law in Columbia University (1891-1901), dean of the law school there (1901-10), and Kent professor of law Columbia University (1902-16), warden of Sing Sing Prison (1916). Professor Kirchwey has been president of numerous societies of note, legal and otherwise, among them the American Peace Society, American Society of International Law and the American Institute of Criminal Law and Criminology, and he has contributed extensively to legal, technical and other magazines. At the close of 1918 he was appointed director of the United States Employment Service for New York State. Among his published works are ‘Historical Manuscripts of the State of New York’ (which he edited, 1887-89); ‘Readings in the Law of Real Property’ (1900); ‘Select Cases and other Authorities on the Law of Mortgage’ (1901).


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Page:United States Statutes at Large Volume 123.djvu/1875

 123STA T . 1 85 5 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9SEC.105 . R E PO R TING RE QU IRE M ENTS. (a)AN N UALREPORT.—TheBo a rds ha l l ,n o t later than Ju ne 30 o f ea c h y ear, su bmi tto C on g ress an annual re p ort on the operations of the Thrift S a v ings P lan. Such report shall include, for the prior calendar year, information on the number of partici - pants as of the last day of such prior calendar year, the median balance in participants ’ accounts as of such last day, demographic information on participants, the percentage allocation of amounts among investment funds or options, the status of the development and implementation of the mutual fund w indow, the diversity demo- graphics of any company, investment adviser, or other entity retained to invest and manage the assets of the Thrift Savings F und, and such other information as the Board considers appro- priate. A copy of each annual report under this subsection shall be made available to the public through an I nternet website. (b) REPORT I N G O F FEE S AN DO T H ER INFOR M ATION.— ( 1 ) IN GENERAL.—The Board shall include in the periodic statements provided to participants under section 84 3 9 (c) of title 5, U nited States Code, the amount of the investment management fees, administrative e x penses, and any other fees or expenses paid with respect to each investment fund and option under the Thrift Savings Plan. Any such statement shall also provide a statement notifying participants as to how they may access the annual report described in subsection (a), as well as any other information concerning the Thrift Savings Plan that might be useful. ( 2 ) USE OF ESTIMATES.—For purposes of providing the information re q uired under this subsection, the Board may provide a reasonable and representative estimate of any fees or expenses described in paragraph (1) and shall indicate any such estimate as being such an estimate. Any such estimate shall be based on the previous year’s experience. (c) D EFINITIONS.—For purposes of this section— (1) the term ‘ ‘Board’’ has the meaning given such term by 8401(5) of title 5, United States Code (2) the term ‘‘participant’’ has the meaning given such term by section 84 7 1(3) of title 5, United States Code; and (3) the term ‘‘account’’ means an account established under section 8439 of title 5, United States Code. SEC. 10 6 . A C K NO WL E D GMENT O F RISK. (a) IN G ENERAL.—Section 8439(d) of title 5, United States Code, is amended— (1) by stri k ing the matter after ‘‘who elects to invest in’’ and before ‘‘shall sign an acknowledgment’’ and inserting ‘‘any investment fund or option under this chapter, other than the Government Securities Investment Fund,’’; and (2) by striking ‘‘either such Fund’’ and inserting ‘‘any such fund or option’’. (b) COORDINATION W ITH PRO V ISIONS RELATING TO FIDU C IAR Y RESPONSI B ILITIES, L IABILITIES, AND PENALTIES.—Section 8477(e)(1)(C) of title 5, United States Code, is amended— (1) by redesignating subparagraph (C) as subparagraph (C)(i); and (2) by adding at the end the following ‘‘(ii) A fiduciary shall not be liable under subparagraph (A), and no civil action may be brought against a fiduciary— Notif i ca tio n.Publ ic info rm ation. We b p o s tin g . 5USC8439 note.


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Page:United States Statutes at Large Volume 123.djvu/1876

 123STA T . 1 856PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (I)forp ro vid i ng for theau to m ati c enro l lment of a partici - pant in accordance w ith s ection 8432 ( b )(2)( A ) ‘‘(II) for enrolling a participant in a default investment fund in accordance with section 8438(c)(2); or ‘‘(III) for allowing a participant to invest through the mutual fund window or for establishing restrictions applicable to participants ’ abilit y to invest through the mutual fund window . ’’. SEC.107 .S UBPO E NA AU TH O RI T Y . (a) I NGE NE RAL . —C hapter 84 of title 5,U nited S tates Code, is amended by inserting after section 84 79 the following

‘ §84 8 0.Subpoena au th o ri t y ‘‘(a) In order to carry out the responsibilities specified in this subchapter and subchapter III of this chapter, the Ex ecutive D irector may issue subpoenas commanding each person to whom the subpoena is directed to produce designated boo k s, documents, records, electronically stored information, or tangible materials in the possession or control of that individual. ‘‘(b) N otwithstanding any F ederal, State, or local law, any per- son, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production. ‘‘(c) W hen a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. T he court may punish as contempt any disobedience of its order. ‘‘(d) The Executive Director shall prescribe regulations to carry out subsection (a).’’. (b) TE CH N I CAL AN D C O N F OR M IN G AMENDMEN T .—The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8479 the following: ‘ ‘ 84 8 0.Subpoena au th o ri t y . ’ ’. SEC. 10 8 .A M OUNTS IN THRI F TSA V IN G S FUN D S SUB J ECT TO L EGAL PROCEEDINGS. Section 8437(e)(3) of title 5, United States Code, is amended in the first sentence by striking ‘‘or relating to the enforcement ofa j udgment for the physically, sexually, or emotionally abusing a child as provided under section 84 6 7(a)’’ and inserting ‘‘the enforcement of an order for restitution under section 3663A of title 1 8, forfeiture under section 8432(g)(5) of this title, or an obliga- tion of the Executive Director to make a payment to another person under section 8467 of this title’’. SEC. 10 9 . ACCOUNTS FOR SURVIVING SPOUSES. Section 8433(e) of title 5, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and (2) by adding at the end the following: ‘‘(2) Notwithstanding section 8424(d), if an employee, M ember, former employee, or former Member dies and has designated as Regulations.


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Page:United States Statutes at Large Volume 123.djvu/1877

 123STA T . 1 857PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9sole o rpa r ti al b e n e f i c iar yh is or her spo u seattheti m eof d eath , or, if an employee, M ember, former employee, or former Member, dies w ith no desi g nated beneficiary and is sur v ived by a spouse, the spouse may maintain the portion of the employee ’ s or Member’s account to which the spouse is entitled in accordance with the following terms

‘ (A)S ub j ect to the limitations of subparagraph ( B ), the spouse shall have the same withdrawal options under sub - section (b) as the employee or Member were the employee or Member living . ‘‘(B) T he spouse may not ma k e withdrawals under sub- section (g) or (h). ‘‘( C ) The spouse may not make contributions or transfers to the account. ‘‘( D ) The account shall be disbursed upon the death of the surviving spouse. A beneficiary or surviving spouse of a deceased spouse who has inherited an account is ineligible to maintain the inherited spousal account. ‘‘( 3 ) The Ex ecutive Director shall prescribe regulations to carry out this subsection.’’. SEC.1 1 0 . TR E A T M E N T OF MEM B ERSOFT H E U N I FORME D SER V ICES UNDER THE THRIFT SAVIN G S PL AN. (a) S ENS E OF CON GR ESS. —I t is the sense of Congress that— ( 1 ) members of the uniformed services should have a retire- ment system that is at least as generous as the one which is available to F ederal civilian employees and ( 2 ) Federal civilian employees receive matching contribu- tions from their employing agencies for their contributions to the Thrift Savings Fund, but the costs of re q uiring such a matching contribution from the Department of Defense could be significant. (b) R E P OR TI NG RE QU IRE M ENT.— N ot later than 1 80 days after the date of the enactment of this Act, the Secretary of Defense shall report to Congress on— (1) the cost to the Department of Defense of providing a matching payment with respect to contributions made to the Thrift Savings Fund by members of the Armed Forces; (2) the effect that requiring such a matching payment would have on recruitment and retention; and (3) any other information that the Secretary of Defense considers appropriate. TI T LE II —SP E C I A LS URV IV O RI ND E M- NIT Y ALLO W ANCE F OR SURVIVIN G SPOUSES OF ARMED FORCES MEM- B ERS SEC. 2 01. INCREASE IN MONTHL Y AMOUNT OF SPECIAL SURVIVOR INDEMNITY ALLO W ANCE FOR WIDOWS AND WIDOWERS OF DECEASED MEMBERS OF THE ARMED FORCES AFFECTED BY RE Q UIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. (a) PAY MENT AMOUNT PER FIS C A LY EAR.—Paragraph (2) of section 1 45 0(m) of title 10, U nited States Code, is amended— Regulations.


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Page:United States Statutes at Large Volume 123.djvu/1878

 123STA T . 1 85 8 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9LEGIS L AT I V E H IST ORY— H . R. 1256: HO U SE RE P ORTS: No . 111 – 5 8, P t. 1 (C o m m.o n En ergya n d Commer c e ) and Pt. 2 (Comm. on O v er si g h t and Government Re f orm). CONGRESSIONAL RECOR D ,Vo l . 155(2 0 0 9 ): A p r. 1, 2, considered and passed Ho u se. J une 3, 4 , 8–11, considered and passed Senate, amended. June 12, House concurred in Senate amendment. DAILY CO M PILATION O F PRESIDENTIAL DOCUMENTS (2009): June 22, Presidential remar k s. (1)insubpar a g rap h ( E ) , b y s t ri k ing ‘ ‘an d’ ’a f t e rthese m i -col on and ( 2 ) by striking subparagraph ( F ) and inserting the follo w ing new subparagraphs ‘‘(F) for months during fiscal year 2 0 1 4, $ 1 5 0; ‘‘( G ) for months during fiscal year 2015, $200; ‘‘( H ) for months during fiscal year 201 6 ,$2 7 5; and ‘‘( I ) for months during fiscal year 2017, $ 3 10 . ’’. (b) DURATION . —P aragraph (6) of such section is amended— (1) by striking ‘‘February 2 8, 2016’’ and inserting ‘‘ S ep- tember 30, 2017’’; and (2) by striking ‘‘ M arch 1, 2016’’ both places it appears and inserting ‘‘ O ctober 1, 2017’’. A ppro v ed J une 22, 200 9.


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Page:United States Statutes at Large Volume 123.djvu/1879

 123STA T . 1 859PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 PublicLaw1 11 –32 111 thCongres s A n Act Makingsup p lem en t al app ro priations f ort h e fis c al y ear en d ing S eptem b er 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 ,That th efol lo wingsum sa r ea p propriate d ,outofan y money in the Treasury not otherwise appropriated, for the fis c al year ending S eptem b er 30, 2 00 9 , and for other purposes, namely T I T LE I D E PAR T M E N T OF A G RI CU LTURE F OREIGN AGRI CULT UR A L SER V ICE P U B LIC LA W480 TITLE II GRANT S For an additional amount for ‘ ‘Public Law 48 0 Title II Grants ’ ’, $7 00,000,000, to remain a v ailable until e x pended . GENERAL PRO V ISIONS — T H IS TITLE SEC. 1 01. Notwithstanding any other provision of law, amounts made available to provide assistance under the emergency conserva - tion program established under title IV of the Agricultural Credit Act of 1978 ( 1 6 U.S.C. 2201 and 2202 ) and unobligated as of the date of the enactment of this Act shall be available to the Secretary of Agriculture, until expended, for expenses under that program related to recovery efforts in response to natural disasters. SEC. 102. (a) For an additional amount 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, to be available from funds in the Agricultural Credit Insurance Fund, as follows: direct farm ownership loans, $360,000,000 direct operating loans, $400,000,000; and unsubsidi z ed guaranteed oper- ating loans, $ 5 0,201,000. (b) For an additional amount for the cost of direct and guaran- teed loans, including the cost of modifying loans as defined in section 502 of the Congressional B udget Act of 1974, as follows: direct farm ownership loans, $22,860,000; direct operating loans, $47,160,000; and unsubsidized guaranteed operating loans, $1,250,000. Sup p lem e nta l A pp ro pr i ation s A c t ,20 0 9.J une 2 4, 2009 [H . R .2 3 4 6]


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Page:United States Statutes at Large Volume 123.djvu/1880

 123STA T . 1 860PUBLIC LA W 111 – 32 —J U NE 2 4, 200 9TI T LE II D E PAR T M E N T OFC OMMERCE E CON O MI CD EV E L O P MEN T A D MINI S T RA TION ECONOMIC DEVELOPMENT ASSISTANCE PRO G RAMS F oran a d d it iona l a m o u nt f or ‘ ‘E c onomic D ev elo p ment A s sist - ance Pro g rams ’ ’ ,$40 ,000,000, to remain availa b le until S eptember 3 0, 2 0 1 0
 * Provide

d,T h at the amount provided under this heading shall be for Trade Ad j ustment Assistance for Communities under subchapter A, chapter 4, title II of the Trade Act of 1 97 4 ( 19 U. S.C. 2371 et se q . ) and Trade Adjustment Assistance for Firms under chapter 3, title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.). DEPARTMENT OF J USTICE DETENTION TR U STEE For an additional amount for ‘‘Detention Trustee’’, $ 6 0,000,000, to remain available until September 30, 2010. LEGAL ACTIVITIES SALARIES AND E X PENSES, GENERAL LEGAL ACTIVITIES For an additional amount for ‘‘Salaries and E x penses’’, $1,64 8 ,000, to remain available until September 30, 2010. SALARIES AND EXPENSES, UNITED STATES ATTORNE Y S For an additional amount for ‘‘Salaries and Expenses’’, $1 5 ,000,000, to remain available until September 30, 2010. UNITED STATES MARS H ALS SERVICE SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $10,000,000, to remain available until September 30, 2010. NATIONAL SECURITY DIVISION SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $1,389,000, to remain available until September 30, 2010. FEDERAL B UREAU O F INVESTIGATION SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $35,000,000, to remain available until September 30, 2010.


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Page:United States Statutes at Large Volume 123.djvu/1881

 123STA T . 1 86 1 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9DRUGENFO R CEM EN TAD M I NI S TR A TION SA L ARIES AND E XP ENSES Foran a d d it iona l a m o u nt f or ‘ ‘ S alari es and E xp enses ’ ’ ,$20 ,000,000, to remain a v aila b le until September 3 0, 20 1 0 .B UREAU OF ALCO H OL, T O B ACCO, FIREARMS AND EXPLOSI V ES SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $1 4 ,000,000, to remain available until September 30, 2010. FEDERAL P RISON S Y STEM SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $ 5 ,03 8 ,000, to remain available until September 30, 2010. G E N E R A L PR OVI SION — T H IS TITLE ( INCLUDING RESCISSION ) SEC. 201. ( a ) Oft h e funds appropriated in c hapter 2 of title I of Public La w 110 – 252 under the headin g ‘‘Office of Inspector General’’, $3,000,000 is rescinded. (b) For an additional amount for ‘‘Office of Inspector General’’, $3,000,000, to remain available until September 30, 2010. TITLE III DEPART M ENT OF DEFENSE MILITAR Y PERSONNEL MILITARY PERSONNEL, ARMY For an additional amount for ‘‘Militar y Personnel, Army’’, $11, 7 50, 6 87,000. MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Military Personnel, Navy’’, $1,627,288,000. MILITARY PERSONNEL, MARINE C ORPS For an additional amount for ‘‘Military Personnel, Marine Corps’’, $1,524, 9 47,000. MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Military Personnel, Air Force’’, $1,500,740,000.


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Page:United States Statutes at Large Volume 123.djvu/1882

 123STA T . 1 86 2 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9RES E RV E P ERS ON NE L,A R MYForan a d d it iona l a m o u nt f or ‘ ‘R es er v e Personnel, Arm y’ ’, $418 ,1 5 5, 0 00 . RESERVE PERSONNEL, NA VY For an additional amount for ‘‘Reserve Personnel, Navy’’, $ 39 ,4 7 8,000. RESERVE PERSONNEL, M AR I NE C OR P S For an additional amount for ‘‘Reserve Personnel, Marine Cor p s’’, $ 2 9,179,000. RESERVE PERSONNEL, AIR FOR C E For an additional amount for ‘‘Reserve Personnel, Air For c e’’, $14,943,000. NA T IONAL GU AR D PERSONNEL, ARMY For an additional amount for ‘‘National Guard Personnel, Army’’, $1,775,733,000. NATIONAL GUARD PERSONNEL, AIR FORCE For an additional amount for ‘‘National Guard Personnel, Air Force’’, $45,000,000. O P E RA TI ON AN D MAINTENANCE OPERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Maintenance, Army’’, $13,7 6 9,418,000. OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Maintenance, Navy’’, $2,274,903,000. OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $1,034,366,000. OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $5,980,386,000. OPERATION AND MAINTENANCE, DE F ENSE -W IDE For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $5,101,696,000, of wh ich

1 ) nottoe x ceed $12,500,000 for the Com b atant Com- mander Initiative Fund, to be used in support of Operation Ira q i Freedom and Operation Endurin g Freedom and


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Page:United States Statutes at Large Volume 123.djvu/1883

 123STA T . 1 86 3 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9(2)not to exc ee d$1,0 00,000,000, to r e mai na v ai l a b le u ntil ex p ended, f or pa y ment s to reimburse k ey cooperatin g nations, for logistical, military, and ot h er support including access pro - vided to U nited S tates military operations in support of O per- ation I ra q i F reedom and Operation E nduring Freedom, not w ith- standing any other provision of law
 * Provide

d ,T hat such reimbursement payments may be made in such amounts as the Secretary of D efense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of M anagement and B udget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such deter- mination is final and conclusive upon the accounting officers of the United States, and 1 5 days following notification to the appropriate congressional committees: Provided fu r th er, That these funds may be used for the purpose of providing speciali z ed training and procuring supplies and specialized equipment and providing such supplies and loaning such equip- ment on a non-reimbursable basis to coalition forces supporting United States military operations in Iraq and A fghanistan: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph . O PERATION AN D MAINTENAN C E, AR MYR E S ER V E For an additional amount for ‘ ‘Operation and Maintenance, Army Reserve ’ ’, $110,01 7 ,000. OPERATION AND MAINTENANCE, N AVY RESERVE For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $25,5 69 ,000. OPERATION AND MAINTENANCE, MARINE C ORPS RESERVE For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $ 3 0,775,000. OPERATION AND MAINTENANCE, AIR FORCE RESERVE For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $3 4 ,599,000. OPERATION AND MAINTENANCE, ARMY NATIONA LGU ARD For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $17 8 ,446,000. A FGH ANISTAN SECURITY FORCES FUND For the ‘‘Afghanistan Security Forces Fund’’, $3,606,939,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of Defense, notwith- standing any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command — Afghanistan, or the Secretary’s designee, to provide assistance, with the concurrence of the Secretary of State, to the security Deadlin e .R e ports . Deadline. N oti f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/1884

 123STA T . 1 864PUBLIC LA W 111 – 32 —J U NE 24, 2 0 0 9forces of A f ghani s t an , inc lud ing the p ro v ision of e q uip m ent, sup - plies, services, training, facilit y and infrastructure repair, renova- tion, and construction, and funding
 * Provide

d fu r th er ,T hat the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That contri b utions of funds for the purposes pro- vided herein from any person, foreign government, or international organi z ation may be credited to this F und and used for such pur- poses: Provided further, That the S ecretary shall notify the congres- sional defense committees in w riting upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contribu- tions: Provided further, That the Secretary of D efense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation .PAKIST A NCOU NT ER INSUR G EN CY FUN D( INC L UDING TRANS F ER OF FUNDS ) There is hereby established in the Treasury of the U nited States the ‘ ‘Pa k istan Counterinsurgency Fund ’ ’. For the ‘‘Pakistan Counterinsurgency Fund’’, $40 0,000,000, to remain available until September 3 0, 2 010: Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, notwithstanding any other provision of law, for the purpose of allowing the Secretary of Defense, or the Secretary’s designee, to provide assistance to Pakistan’s security forces including pro- gram management and the provision of equipment, supplies, serv- ices, training, and funds; and facility and infrastructure repair, renovation, and construction to build the counterinsurgency capa- bility of Pakistan’s military and Frontier Corps, and of which up to $2,000,000 shall be available to provide urgent humanitarian assistance to the people of Pakistan only as part of civil-military training e x ercises for Pakistani security forces receiving assistance under the ‘‘Pakistan Counterinsurgency Fund’’ and to assist the G overnment of Pakistan in creating such a program beginning in fiscal year 2010: Provided further, That the authority to provide assistance under this provision is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer such amounts as the Sec- retary may determine from the funds provided herein to any appro- priations available to the Department of Defense or, with the concurrence of the Secretary of State and head of the relevant Federal department or agency, to any other non-intelligence related Federal account to accomplish the purposes provided herein: Pro - vided further, That funds so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That the authority of the Secretary of Defense to obligate or transfer funds pursuant to this paragraph shall apply only to funds appropriated for such purposes in this Act ( including funds appropriated by another paragraph of this Act that are transferred to the ‘‘Pakistan Counterinsurgency Fund’’ by such other para- graph ) , and such authority shall not be continued beyond the expira- tion date specified in the matter preceding the first proviso, except Ap p licab ili ty.Ef f e cti v e d ate. D eadli n e. No tification. Notification.


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Page:United States Statutes at Large Volume 123.djvu/1885

 123STA T . 1 865PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9withresp e c tt ofund ssotr a nsferred to the ‘ ‘ P a k istan C ounterinsur -g enc yF und ’ ’ b y another paragraph of this A ct
 * Provide

d fu r th er ,T hat the S ecretary of D efense sha l l, not fewer than 15 days prior to m aking transfers from this appropriation account, notify the Committees on Appropriations in writing of the details of any such transfer . P RO C U R EM E N T A IRC R AFT PR O C U R EM E N T, ARM Y For an additional amount for ‘‘Aircraft Procurement, Army’’, $ 1,1 92, 74 4, 0 00, to remain a v ailable until September 3 0, 2011. MI S SI L E PROCUREMENT, ARMY For an additional amount for ‘‘Missile Procurement, Army’’, $704,041,000, to remain available until September 30, 2011. PROCUREMENT OF W EA P ONS AN D TRAC K ED COM B AT V E H ICLES, ARMY For an additional amount for ‘‘Procurement of Weapons and Tracked Combat Vehicles, Army’’, $1,9 8 3,971,000, to remain avail- able until September 30, 2011. PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Procurement of Ammunition, Army’’, $230,075,000, to remain available until September 30, 2011. OTHER PROCUREMENT, ARMY For an additional amount for ‘‘Other Procurement, Army’’, $7,113,742,000, to remain available until September 30, 2011. AIRCRAFT PROCUREMENT, NA V Y For an additional amount for ‘‘Aircraft Procurement, Navy’’, $ 6 36,669,000, to remain available until September 30, 2011. WEAPONS PROCUREMENT, NAVY For an additional amount for ‘‘Weapons Procurement, Navy’’, $29,498,000, to remain available until September 30, 2011. PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS For an additional amount for ‘‘Procurement of Ammunition, Navy and Marine Corps’’, $348,919,000, to remain available until September 30, 2011. OTHER PROCUREMENT, NAVY For an additional amount for ‘‘Other Procurement, Navy’’, $197,193,000, to remain available until September 30, 2011. Deadlin e .Not i f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/1886

 123STA T . 1 86 6 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9PROCU R EM E NT,MA R I NE C OR PSForan a d d it iona l a m o u nt f or ‘ ‘Pro c ur e ment, Marine Cor ps’ ’, $1, 526 , 4 4 7 , 0 00, to remain a v aila b le until S eptember 3 0, 2011 .A IRCRA F T PROCUREMENT, AIR FORCE For an additional amount for ‘‘Aircraft Procurement, Air Force’’, $4,5 9 2,06 8 ,000, to remain available until September 30, 2011. MISSI L E PROCUREMENT, AIR FORCE For an additional amount for ‘‘Missile Procurement, Air Force’’, $49,716,000, to remain available until September 30, 2011. PROCUREMENT OF AMMUNITION, AIR FORCE For an additional amount for ‘‘Procurement of Ammunition, Air Force’’, $158,684,000, to remain available until September 30, 2011. O T H ER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Ot h er Procurement, Air Force’’, $1,802,083,000, to remain available until September 30, 2011. PROCUREMENT, D EFENSE -W I D E For an additional amount for ‘‘Procurement, Defense-Wide’’, $237,868,000, to remain available until September 30, 2011. N ATIONAL G UARD AND R ESER V E EQ UIPMENT For an additional amount for ‘‘National Guard and Reserve E q uipment’’, $500,000,000, to remain available until September 30, 2011
 * Provide

d, T hat such funds ma y be used only to procure hi g h priority items of equipment that may be used by reserve component units for combat missions and units’ missions in support of the State governors: Provided fu r th er, That the Chiefs of the National Guard and of the Reserve components shall, not later than 60 days after the enactment of this Act, individually submit to the congressional defense committees a listing of items of equip- ment to be procured for their respective National Guard or Reserve component. MINE RESISTANT AM B USH PROTECTED V EHICLE FUND ( INCLUDIN G TRANSFER OF FUNDS ) For the ‘‘Mine Resistant Ambush Protected Vehicle Fund’’, $4,543,000,000, to remain available until September 30, 2010: Pro - vided , That such funds shall be available to the Secretary of Defense, not w ithstanding any other provision of law, to procure, sustain, transport, and field Mine Resistant Ambush Protected vehicles: Provided further, That the Secretary shall transfer such funds only to appropriations for operation and maintenance procurement; research, development, test and evaluation; and defense wor k ing capital funds to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition Deadlin e .R e cor d s .


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Page:United States Statutes at Large Volume 123.djvu/1887

 123STA T . 1 867PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9toany ot her tran sf era u thor i tya v ai l a b le to the D e p art m ent of Defense
 * Provide

d fu r th er ,T hat the S e c retary shall , not fe w er than 10d ays prior to ma k in g transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer .RE SE A R CH ,DE V E LOPM E N T, TEST AND EVAL U AT I ON R ES E ARCH ,DE V E LOPM E NT , TEST AN D EVAL U AT I ON, ARM YF or an additional amount for ‘ ‘Research, Development, Test and Evaluation, Army ’ ’, $52, 93 5,000, to remain available until Sep - tember 30, 2010. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $13 6, 78 6,000, to remain available until September 30, 2010. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Development, Test and Evaluation, Air Force’’, $160, 4 74,000, to remain available until September 30, 2010. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DE F ENSE- W IDE For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $483,304,000, to remain available until September 30, 2010. REVOLVIN G AND MANAGEMENT FUNDS DEFENSE WOR K IN G CAPITAL FUNDS For an additional amount for ‘‘Defense Working Capital Funds’’, $861,726,000, to remain available until e x pended. OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM For an additional amount for ‘‘Defense Health Program’’, $1,055,297,000, of which $845,508,000 is for operation and mainte- nance of which $50,185,000, to remain available until September 30, 2011, is for procurement; and of which $159,604,000, to remain available until September 30, 2010, is for research, development, test and evaluation: Provided, That up to $14,360,000,000 appro- priated for operation and maintenance under this heading or any prior Act may be available for contracts entered into under the Tricare program. Deadlin e .Not i f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/1888

 123STA T . 1 86 8 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9DRUGINTE R DIC TI O N A ND C OUNTER - DRUG A CTI V ITIE S, DE F ENSE ( INC L UDING TRANSFER OF FUNDS )Foran a d d it iona l a m o u nt f or ‘ ‘Dru g Int e rdi c tion and Counter- Drug Acti v itie s , Defense ’ ’, $120, 398 ,000, to remain availa b le until S e p tember 30, 2010 .J OINT I MP ROVISED EX PLOSIVE DEVICE DEFEAT FUND For an additional amount for ‘‘Joint Improvised E x plosive Device Defeat Fund’’, $1,11 6, 74 6,000, to remain available until Sep- tember 30, 2011. O FFICE OF T H E INSPECTOR G ENERAL For an additional amount for ‘‘Office of t h e Inspector General’’, $9, 5 51,000. GE N E R A LP RO V ISIONS —TH IS TITLE SEC. 301. Not w ithstanding an y other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2009. (INCLUDING TRANSFER OF FUNDS) SEC. 302. U pon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer between appropriations up to $2,500,000,000 of the funds made available to the Department of Defense in this title
 * Provide

d, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided fu r th er, That the authority provided in this section is in addition to any other transfer authority available to the Depart- ment of Defense and is sub j ect to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2009 ( division C of Public Law 110 – 329 ) except for the fourth proviso. SEC. 303. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authori z ed by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). (INCLUDING TRANSFER OF FUNDS) SEC. 304. During fiscal year 2009 and from funds in the ‘‘Defense Cooperation Account’’, as established by 10 U.S.C. 2608, the Secretary of Defense may transfer not to exceed $6,500,000 to such appropriations or funds of the Department of Defense as the Secretary shall determine for use consistent with the purposes for which such funds were contributed and accepted: Provided , That such amounts shall be available for the same time period as the appropriation to which transferred: Provided further, That the Secretary shall report to the Congress all transfers made pursu- ant to this authority. Reports.N ot if i ca tio n .


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Page:United States Statutes at Large Volume 123.djvu/1889

 123STA T . 1 869PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 09 SEC.305 .S upervis i ona n d ad m inis t ration c osts associated w it h a construction pro j ect f unded with appropriations avai l a b le for oper - ation and maintenance or ‘ ‘ A f g hanistan Securit yF orces Fund ’ ’ pro- vided in this title , and e x ecuted in direct support of the overseas contingency operations in I ra q and Afghanistan, may be obligated at the time a construction contract is awarded
 * Provide

d ,T hat for the purpose of this section, supervision and administration costs include all in-house G overnment costs. (IN C LUD IN GR E S CISSI O NS ) SEC. 30 6 . ( a ) ( 1 ) O f the funds appropriated in chapter 2 of title I X of P ublic L aw 110 – 252 under the heading, ‘‘Iraq Security Forces Fund’’, $ 1,000,000,000 is rescinded. (2) For an additional amount for ‘‘Iraq Security Forces Fund’’, $1,000,000,000, to remain available until September 30, 2010: Pro - vided, That funds may not be obligated or transferred from this fund until 15 days after the date on which the Secretary of D efense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer. (b) N otwithstanding any other provision of this Act, each amount in this section is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 4 03(a) and 423(b) of S. C on. R es. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. SEC. 30 7 . Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000: Provided, That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000: Provided fu r th er, That the Secretary shall report to the Congress all purchases made pursuant to this authority within 30 days of using the authority. SEC. 30 8 . From funds made available in this title, the Secretary of Defense may purchase motor vehicles for use by military and civilian employees of the Department of Defense in Iraq and Afghanistan, up to a limit of $75,000 per vehicle, notwithstanding other limitations applicable to passenger carrying motor vehicles. (RESCISSIONS) SEC. 30 9 . Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That none of the amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the B udget or the Balanced Budget and E mergency Deficit Control Act of 1985, as amended: ‘‘Procurement, M arine Corps, 2007 / 2009’’, $54,400,000 ‘‘Other Procurement, Army, 2008/2010’’, $29,300,000; ‘‘Procurement, Marine Corps, 2008/2010’’, $10,300,000; ‘‘Aircraft Procurement, Air Force, 2008/2010’’, $44,000,000; ‘‘Research, Development, Test and Evaluation, Navy, 2008/ 2009’’, $11,300,000; Reports.D e adlin e. Deter m ination. Deadline. N oti f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/1890

 123STA T . 1 870PUBLIC LA W 111 – 32 —J U NE 2 4, 200 9‘ ‘ Res e arch,D e v e lopm e nt , T est an dE val u at i on, A ir F orce, 20 0 8/ 200 9’ ’, $36, 1 0 7 ,000 ‘‘Research, Development, Test and Evaluation, De f ense -W ide, 2008/2009’’, $169,12 4 ,000; ‘‘ O peration and M aintenance, Arm y , 2009/2009’’, $3 5 2,359,000; ‘‘Operation and Maintenance, N avy, 2009/2009’’, $881,481,000; ‘‘Operation and Maintenance, Marine C orps, 2009/2009’’, $54,466,000; ‘‘Operation and Maintenance, Air Force, 2009/2009’’, $925,203,000; ‘‘Operation and Maintenance, Defense-Wide, 2009/2009’’, $267,635,000; ‘‘Operation and Maintenance, Army Reserve, 2009/2009’’, $23,338,000; ‘‘Operation and Maintenance, Navy Reserve, 2009/2009’’, $62,910,000; ‘‘Operation and Maintenance, Marine Corps Reserve, 2009/ 2009’’, $1,250,000; ‘‘Operation and Maintenance, Air Force Reserve, 2009/ 2009’’, $163,786,000; ‘‘Operation and Maintenance, Army National G uard, 2009/ 2009’’, $57,819,000; ‘‘Operation and Maintenance, Air National Guard, 2009/ 2009’’, $250,645,000; ‘‘Aircraft P rocurement, Army, 2009/2011’’, $22,600,000; ‘‘Procurement of Ammunition, Army, 2009/2011’’, $107,100,000; ‘‘Other Procurement, Army, 2009/2011’’, $245,000,000; ‘‘Procurement, Marine Corps, 2009/2011’’, $10,300,000; ‘‘Other Procurement, Air Force, 2009/2011’’, $17,500,000; ‘‘Procurement, Defense-Wide, 2009/2011’’, $6,400,000; ‘‘Research, Development, Test and Evaluation, Army, 2009/ 2010’’, $187,710,000; ‘‘Research, Development, Test and Evaluation, Navy, 2009/ 2010’’, $217,060,000; and ‘‘Research, Development, Test and Evaluation, Air Force, 2009/2010’’, $287,567,000 .(INCLUD IN GTRA N SFE R O F FUNDS )S EC. 310. ( a ) RETROACTI V E STO P - L OSS SPECIAL PA Y CO M PENSA- TION TO ELIGI B LE CLAIMANTS. —I n addition to the amounts appro- priated or other w ise made availa b le elsewhere in this Act, $534,400,000 is appropriated to the Department of Defense, to remain available for obli g ation until e x pended
 * Provide

d, That such funds shall be available to the Secretaries of the military depart- ments only to ma k e payment of claims specified in subsection (b) to members of the Armed Forces, including members of the reserve components, and former and retired members under the j urisdiction of the Secretary who, at any time during the period beginning on September 11, 2001, and ending on September 30, 2009, served on active duty while the members’ enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended, pursuant to section 123 or 12305 of Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/1891

 123STA T . 1 87 1 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9ti t le10,Un ite dS t a te sCo de, o r an y ot h er p ro v ision o f la w(c o m- monly referred to as a ‘ ‘stop-loss a u thority ’ ’ ) authori z in g the P resi- dent to e x tend an enlistment or period of o b ligated service, or suspend an eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared by Con- gress or the President . (b) C LAIMS S UB MISSI ONREQ UI R E D . — Claims for retroactive Stop- L oss Special Pay compensation under this section shall be submitted to the Secretary of the M ilitary D epartment concerned not later than 1 year after the date on which the implementing rules of subsection (d) ta k e effect. N otwithstanding any other provision of law, the Secretaries of the military departments may not pay claims that are submitted more than 1 year after the date on which the implementing rules of subsection (d) take effect. (c) PA Y MEN TA MOUNT.— T he amount to be paid under subsection (a) to or on behalf of an eligible member, retired member, or former member described in such subsection shall be $5 00 per month for each month or portion of a month during the period specified in such subsection that the member was retained on active duty as a result of application of the stop-loss authority. (d) RULEMA K IN G .—Not later than 1 2 0 days after the date of enactment of this Act, the Secretary of Defense shall issue rules to expedite the payment of claims under subsection (b). (e) TREATMENT O F DE C EASED MEMBERS.— I f an eligible member, retired member, or former member described in subsection (a) dies before the payment re q uired by this section is made, the Secretary concerned shall make the payment in accordance with section 2 7 71 of title 10, United States Code. (f) EX CLUSION OF CERTAIN F ORMER MEMBERS.—A former member of the Armed Forces is not eligible for a payment under this section if the former member was discharged or released from the Armed Forces under other than honorable conditions. (g) RELATION TO O T H ER STO P -LOSS SPECIAL PAY.—A member, retired member, or former member may not receive a payment under this section and stop-loss special pay under section 8 11 6 of the Department of Defense Appropriations Act, 200 9 (division C of Public Law 110 –3 29 122 Stat. 36 4 6) for the same month or portion of a month during which the member was retained on active duty as a result of application of the stop-loss authority. (h) REPORT ON EXECUTION.—The Secretary of Defense shall provide a report to the congressional defense committees on the implementation of the retroactive stop-loss benefit. The report shall include the following the number of claims filed, the number of claims approved, the number of claims denied, the number of claims still pending, the amount of funding that has been obligated, the amount of funding still available for this purpose, and the average payment provided. This report is due 1 year after the date on which the implementing rules of subsection (d) take effect, and every 6 months thereafter until all funding provided for this purpose has been obligated and all submitted claims have been processed. SEC. 311. (a) Section 132 of the National Defense Authorization Act for Fiscal Y ear 2004 (Public Law 108–136; 117 Stat. 1392) is repealed. (b) Notwithstanding any other provision of law, the Secretary of the Air Force may retire C–5A aircraft from the inventory of the Air Force 15 days after certifying to the congressional defense committees that retiring the aircraft will not significantly increase Deadlin e .C e rt i f i c ati o n. 1 1 7S tat. 1 4 11. Deadline. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1892

 123STA T . 1 87 2 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9operati o n a l ri sk o f not m eetin g t h e N ational D efense S trateg y, pro v i d ed that s uc h retirements may not reduce total strategic airlift force structure inventory b elo w the 29 2 strategic airlift aircraft level identified in the M obility C apability Study 2 0 0 5( MCS – 05 ) unless otherwise addressed in the fiscal year 20 1 0 National Defense A uthori z ation Act . S EC. 3 12. None of the funds appropriated or otherwise made available by this title may be obligated or e x pended to provide award fees to any defense contractor contrary to the provisions of section 8 1 4 of the National Defense Authorization Act, F iscal Y ear 200 7 ( P ublic L aw 109–3 6 4). SEC. 313. None of the funds provided in this title may be used to finance programs or activities denied by Congress in fiscal years 2008 or 2009 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the congressional defense committees. SEC. 314. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the U nited States G overnment for a purpose as follows (1) T o establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in I ra q. (2) To exercise United States control over any oil resource of Iraq. SEC. 315. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for the purpose of establishing any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghani - stan. SEC. 316. (a) R E PORT O N IR AQ TROOP DRA WD OWN STAT US , GOA L S,ANDT IM ETA B LE. — In recognition and support of the policy of President B arack O bama to withdraw all United States combat brigades from Iraq by August 31, 2010, and all United States military forces from Iraq on December 31, 2011, Congress directs the Secretary of Defense (in consultation with other members of the National Security Council) to prepare a report that identifies troop drawdown status and goals and includes— (1) a detailed, month-by-month description of the transition of United States military forces and equipment out of Iraq and (2) a detailed, month-by-month description of the transition of United States contractors out of Iraq. (b) E LEMENTS O F REPORT.—At a minimum, the Secretary of Defense shall address the following: (1) H ow the Government of Iraq is assuming the responsi- bility for reconciliation initiatives as the mission of the United States Armed Forces transitions. (2) How the drawdown of military forces complies with the President ’ s planned withdrawal of combat brigades by August 31, 2010, and all United States forces by December 31, 2011. (3) The roles and responsibilities of remaining contractors in Iraq as the United States mission evolves, including the anticipated number of United States contractors to remain in Iraq after August 31, 2010, and December 31, 2011.


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 123STA T . 1 87 3 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9(c)SUBMIS SI ON.— ( 1 ) Notla t er t h a n90d a ys a f ter the date of enact m ent of th i s A ct , and e v ery 90 days thereafter thro ug hSe p tem b er 3 0, 2 010, the Secretary of D efense shall submit the report re q uired by subsection (a) and a classified anne x to the report, as necessary. (2) T he Secretary may submit the report required by sub - section (a) separately as provided in paragraph (1) or include the information required by this report w hen submitting reports required of the Secretary under section 920 4 of the Supple- mental Appropriations Act, 200 8 ( P ublic L aw 110 – 2 5 2 122 Stat. 2410). (d) EXTE NSION O FR E LA TE D RE P O R TIN G RE Q UIREMENT.—Section 9204(a) of the Supplemental Appropriations Act, 2008 is amended by stri k ing ‘ ‘fiscal year 2009 ’ ’ and inserting ‘‘fiscal year 2010’’. SE C . 31 7 . (a) REPEAL OF SECRETAR Y OF DEFENSE REPORTS ON TRANSITION READINESS OF I RAQ AND AFG H AN SECURITY F ORCES.—Subsection (a) of section 9205 of Public Law 110–252 (122 Stat. 2412) is repealed. (b) M ODIFICATION OF REPORTS ON U SE OF C ERTAIN SECURITY FORCES FUNDS.— (1) PREPARATION IN CONSULTATION W ITH COMMANDER OF CENTCOM.—Subsection (b)(1) of such section is amended by inserting ‘‘the Commander of the United States Central Com- mand;’’ after ‘‘the Secretary of Defense;’’. (2) PERIOD OF REPORTS.—Such subsection is further amended by striking ‘‘not later than 120 days after the date of the enactment of this Act and every 90 days thereafter’’ and inserting ‘‘not later than 45 days after the end of each fiscal year quarter’’. (3) FUNDS CO V ERED BY REPORTS.—Such subsection is fur- ther amended by striking ‘‘and ‘Afghanistan Security Forces Fund’ ’’ and inserting ‘‘, ‘Afghanistan Security Forces Fund’, and ‘Pakistan Counterinsurgency Fund’ ’’. (c) NOTICE NEW PRO J ECTS AND TRANSFERS OF FUNDS.—Sub- section (c) of such section is amended by striking ‘‘the headings’’ and all that follows and inserting ‘‘the headings as follows ‘‘(1) ‘Iraq Security Forces Fund’. ‘‘(2) ‘Afghanistan Security Forces Fund’. ‘‘(3) ‘Pakistan Counterinsurgency Fund’.’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 318. (a) Section 1174(h)(1) of title 10, United States Code, is amended to read as follows: ‘‘(1) A member who has received separation pay under this section, or separation pay, severance pay, or read j ustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member’s dependents, until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay so paid.’’. 12 2 Sta t . 2 4 1 3 . 122 Stat. 241 0.


text: Dictionary of National Biography, 1885-1900/Moone, Peter


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 123STA T . 1 874PUBLIC LA W 111 – 32 —J U NE 24, 2 0 0 9(b)Section1 1 75 (e)( 3 )( A )o f tit l e1 0,U nite d St a te sC ode, is a m ended to r ead as follo w s

‘(3)(A) A member w h o has recei v ed the vol u ntar y se p ara - tion incentive and who later q ualifies for retired or retainer pay under this title shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of D efense shall specify, ta k in g into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member ’ s dependents, until the total amount deducted is equal to the total amount of voluntary separation incentive so paid .I f the member elected to have a reduction in voluntary separation incentive for any period pursuant to paragraph ( 2 ), the deduction required under the preceding sentence shall be reduced as the Secretary of Defense shall specify.’’. (c) EF F ECTIV ED A TE. —T he amendments made by this section shall apply to any repayments of separation pay, severance pay, read j ustment pay, special separation benefit, or voluntary separa- tion incentive, that occur on or after the date of enactment, including any ongoing repayment actions that were initiated prior to this amendment. SEC. 31 9 . (a) R E POR T S RE QU IRE D .— N ot later than 6 0 days after the date of the enactment of this Act and every 90 days thereafter, the P resident shall submit to the members and commit- tees of Congress specified in subsection (b) a report on the prisoner population at the detention facility at Naval Station G uantanamo B ay, Cuba. (b) SPECIFIED M E MB ERS A N D COMMITTEES OF CON G RESS.—The members and committees of Congress specified in this subsection are the following: (1) The majority leader and minority leader of the Senate. (2) The Chairman and Ranking Member on the Committee on Armed Services of the Senate. (3) The Chairman and V ice Chairman of the Select Com- mittee on Intelligence of the Senate. ( 4 ) The Chairman and Vice Chairman of the Committee on Appropriations of the Senate. (5) The Speaker of the H ouse of Representatives. (6) The minority leader of the House of Representatives. (7) The Chairman and Ranking Member on the Committee on Armed Services of the House of Representatives. ( 8 ) The Chairman and Vice Chairman of the Permanent Select Committee on Intelligence of the House of Representa- tives. (9) The Chairman and Ranking Member of the Committee on Appropriations of the House of Representatives. (c) MATTERS TO BE INC L UDED.—Each report submitted under subsection (a) shall include the following: (1) The name and country of origin of each detainee at the detention facility at Naval Station Guantanamo Bay, Cuba, as of the date of such report. (2) A current summary of the evidence, intelligence, and information used to justify the detention of each detainee listed under paragraph (1) at Naval Station Guantanamo Bay. Presid e nt.Cuba . 10US C 8 01n o te. Ap p l i c abilit y . 10 USC 11 74 note.


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 123STA T . 1 875PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9(3)Acur r enta cc o unt i n g o f a l lt h e m ea s ures ta k en to transfer each d etainee listed under p aragraph ( 1 ) to the indi v id - ual ’ s countr y of citi z enship or another country . ( 4 ) A current description of the num b er of individuals released or transferred from detention at N aval S tation G uanta- namo B ay w ho are confirmed or suspected of returning to terrorist activities after release or transfer from Naval Station Guantanamo Bay. ( 5 ) An assessment of any efforts by al Q aeda to recruit detainees released from detention at Naval Station Guanta- namo Bay. (d) A D D IT I ONALM ATT ERST OBE I N C L U DED IN INITIAL R E P ORT. — The first report submitted under subsection (a) shall also include the following (1) A description of the process that was previously used for screening the detainees described by subsection (c)(4) prior to their release or transfer from detention at Naval Station Guantanamo Bay ,C uba. ( 2 ) An assessment of the ade q uacy of that screening process for reducing the risk that detainees previously released or transferred from Naval Station Guantanamo Bay would return to terrorist activities after release or transfer from Naval Sta- tion Guantanamo Bay. (3) An assessment of lessons learned from previous releases and transfers of individuals who returned to terrorist activities for reducing the risk that detainees released or transferred from Naval Station Guantanamo Bay will return to terrorist activities after their release or transfer. TIT LE I VD E P ARTMENT OF DEFENSE—CIVIL DEPARTMENT OF T H E ARM Y CORPS O F EN G INEERS—CI V IL OPERATION AND M AINTENANCE For an additional amount for ‘ ‘Operation and Maintenance’’ to dredge navigation channels and repair damage to Corps pro j ects nationwide related to natural disasters, $ 42, 87 5, 0 00, to remain available until e x pended: Provide d , That the Assistant Secretary of the Army for Civil W orks shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 6 0 days after enactment of this Act. FLOOD CONTROL AND COASTAL EMERGENCIES For an additional amount for ‘‘Flood Control and Coastal Emer- gencies’’, as authorized by section 5 of the Act of August 18, 1 9 41 (33 U .S.C. 701n), for necessary expenses relating to the con- sequences of natural disasters as authorized by law, $754,290,000, to remain available until expended: Provided, That the Secretary of the Army is directed to use $315,290,000 of the funds appro- priated under this heading to support emergency operations, to Reports.D e adlin e.