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Page:United States Statutes at Large Volume 123.djvu/1986

 123STA T . 1 96 6 PUBLIC LA W 111 –4 4 — AU G. 7, 2 0 09 PublicLaw1 11 –4 4 111 thCongres s A n Act Toauth o rize the P re s i d e n t , in c on j unction w ith the 40 th anni v ersar y o f the historic and first l unar landin gb yhu m ans in 196 9, to award gold medals on behalf of the U nited S tates C ongress to N eil A. Armstrong, the first human to wal k on the moon dwin E. ‘ ‘ B uzz ’ ’ Aldrin, J r., the p ilot of the lunar module and second person to walk on the moon; M ichael Collins, the pilot of their Apollo 11 mission’s command module; and, the first American to orbit the Earth, John H erschel G lenn, Jr. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ N e wFron tier C on g ressiona lG old M edal Act ’ ’ . SEC. 2 . F IN D IN G S. The Congress f inds that —(1) ass p acecraft commander for Apollo 11 , the first manned l u nar landing mission, Neil A. Armstrong gained the distinction of being the first man to land a craft on the moon and first to step on its surface on J uly 2 1,1 96 9 (2) by con q uering the moon at great personal ris k to safety, Neil Armstrong ad v anced America scientifically and techno - logically, paving the way for future missions to other regions in space; ( 3 ) E dwin E. ‘‘ B u z z’’ Aldrin, Jr., j oined Armstrong in piloting the lunar module, Eagle, to the surface of the moon, and became the second person to walk upon its surface; ( 4 ) Michael Collins piloted the command module, Columbia, in lunar orbit and helped his fellow Apollo 11 astronauts com- plete their mission on the moon; ( 5 ) John H erschel Glenn, Jr., helped pave the way for the first lunar landing when on February 2 0, 1962, he became the first American to orbit the Earth; and (6) John Glenn’s actions, like Armstrong’s, Aldrin’s and Collins’s, continue to greatly inspire the people of the U nited S tates. SEC. 3 . CONGRESSION A L GOLD M EDAL. (a) PRES E NTA T IO NA U T H ORI Z E D .—The President is authorized to present, on behalf of the Congress, to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and John Herschel Glenn, Jr., each a gold medal of appropriate design, in recognition of their significant contributions to society. (b) D ESI G N AND STRI K ING.—For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall 31USC5 111 note.Pr e sid ent. 31 USC 5111 note. N e wF rontier Con g ression alG old M edal Ac t. 31 USC 5111 note. A u g. 7,20 0 9[H . R .22 4 5 ]
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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 123.djvu/1987

 123STA T . 1 967PUBLIC LA W 111 –4 4 — AU G .7 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 2 2 45( S. 9 5 1):C O N GRESSIONAL RECOR D, V ol . 155(2 0 09): Ju l y 20, c o nsider ed a nd p assed House. July 21, considered and passed Sena t e. strikegoldm ed a ls w it h s u ita b le emblems , de v i c es, a n d inscri p tions, to be determined b y the S ecretary .SEC.4 . DUPLI C AT E M EDALS. T he Secretary o f the Treasury may strike and sell duplicates in bron z e of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead e x penses, and the cost of the gold medals. SEC. 5 . N ATI O NAL MEDALS. The medals struck pursuant to this A ct are national medals for purposes of chapter 51 of title 31, U nited States C ode. SEC. 6 . AUT H O R IT Y TO USE F UND AMOUNTS PROCEEDS OF SALE. ( a ) A UTHORI T Y TOU SEF U ND A M OUNTS. — There is authorized to be charged against the United States M int P ublic E nterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) PRO C EEDS O F S AL E.—Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be depos - ited into the United States Mint Public Enterprise Fund. Approved August 7, 20 0 9 . 31USC5 111 note. 31 USC 5111 note. 31 USC 5111 note.


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Page:United States Statutes at Large Volume 123.djvu/1988

 123STA T . 1 968PUBLIC LA W 111 –45— AU G. 7, 2 0 09 PublicLaw1 11 –45 111 thCongres s A n Act Toauth o rize the D ire c tor o f the Un ite dS tate sP atent and Trade m ar kO ffice to use funds made a v ai l a b le under the Trademark A ct of 1946 for p atent operations in order to avoid furlou g hs and reductions - in-force , and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.AU T H O R IT Y O FP TO D IRECTOR TO USE TRADE M AR K FUNDS. (a)AUTHORI T Y.— ( 1 ) INGE NER AL .— TheDir e cto ro f the Un ite dS tate sP atent and Trade m ar kO ffice— (A) ma yu se funds made a v ai l a b le for fiscal year 20 0 9,p ursuant to section 3 1 of the Trademark Act of 19 46 (1 5 U.S. C . 1113), under the headin g‘ ‘Department of Com - merce—United States Patent and Trademark Office—Sala- ries and Ex penses ’ ’ in title I of division B of the Omnibus Appropriations Act, 2009 (Public L a w 111 –8 ),upto $7 0,000,000, to support the processing of patents and other activities, services, and materials relating to patents, not- withstanding section 42(c) of title 35, United States Code and (B) notwithstanding any other provision of law, shall, upon the exercise of the authority under subparagraph (A), establish a surcharge, in amounts up to $70,000,000, on patent fees in effect under title 35, United States Code, to repay any funds drawn down pursuant to subparagraph (A), if the Director certifies in writing to the Congress that the use of the funds described in subparagraph (A) is reasonably necessary to avoid furloughs or a reduction-in-force, or both, in the United States Patent and Trademark Office, and does not create a substantial risk of a furlough or reduction-in- force of personnel working in the Trademark Operation of the United States Patent and Trademark Office. (2) SUR C HARGE SD E P OSITED IN TREASURY.—All surcharges paid under paragraph (1)(B) shall be deposited in the Treasury as an offsetting receipt that shall not be available for obligation or expenditure. (b) LI M ITATIONS ON AUTHORITY.—The authority under sub- section (a)(1)(A) shall terminate on J une 30, 2010. The surcharge established under subsection (a)(1)(B) shall take effect no later than September 30, 2011, and all funds drawn down pursuant to subsection (a)(1)(A) shall be repaid pursuant to subsection (a)(1)(B) no later than September 30, 2014. Terminat i o n d ate .D ead l ine s . C erti f i c ation. 35US C 41 note. Aug . 7,20 0 9[H . R . 3114 ]


text:
Page:United States Statutes at Large Volume 123.djvu/1989

 123STA T . 1 96 9 PUBLIC LA W 111 –45— AU G. 7, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 31 1 4( S. 13 58):C O N GRESSIONAL RECOR D, V ol . 155( 20 0 9 ): Ju l y7 , c o nsider ed a nd p assed House. July 1 6, considered and passed Sena t e. (c)DEFIN I T I O N S.—Inthis s e cti o n ( 1 )DI R E C TOR.— T he te rm s ‘ ‘Director o f the U nite dS t a tes P atent and Trademar kO ffice ’ ’ and ‘‘Director’’ mean the Under Secretar y of C ommerce for Inte l lect u al Pro p erty and Director of the United States Patent and Trademark Office. ( 2 )TR AD E M AR K ACTOF1 946 .—The term ‘‘Trademark A ct of 1946’’ means the Act entitled ‘‘An Act to pro v ide for the re g istration and protection of trademarks used in commerce , to carry out the provisions of certain international conventions, and for other purposes’’, approved J uly 5, 1946 (15 U.S.C. 1 0 51etse q .). Approved August 7, 2009.


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Page:United States Statutes at Large Volume 123.djvu/1990

 123STA T . 1 970PUBLIC LA W 111 –46— AU G .7 , 2009 PublicLaw1 11 –46 111 thCongres s A n Act Torest ore s um stot h e Hig h way Trust F u nd and f or other p urposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.FU N D IN G OFT H E HIGH WAY T R UST FUND. Subsection(f) of section 9503 oft h e I nte r n alR e v enue C o d e of 1 9 86 (relatin g to deter m ination of trust fund balances after Se p tember 30, 1998) is amended — (1) b y stri k ing paragraph ( 2 ) and (2) by adding at the end the follo w ing new paragraph

‘(2) I NCREAS E I N FU N DB A L ANCE . — O ut of money in the T reasury not otherwise appropriated, there is hereby appro - priated (without fiscal year limitation) to the H ighway Trust F und $7 ,000,000,000. ’ ’. SEC. 2 .AD V ANCES TO THE UNE MPL OYMENT TRUST FUND AND OTHER FUNDS. The item relating to ‘‘ D epartment of L abor— E mployment and Training A dministration—Advances to the U nemployment Trust Fund and Other Funds’’ in title I of division F of the Omnibus Appropriations Act, 2009 ( P ublic Law 111 – 8; 123 Stat. 75 4 )is amended by striking ‘‘to remain available through September 30, 2010’’ and all that follows (before the heading for the following item) and inserting ‘‘such sums as may be necessary’’. SEC. 3 . FHA MORTGAGE INSURANCE COMMITMENT AUTHORITY. The item relating to ‘‘Federal Housing Administration— M utual Mortgage Insurance Program Account’’ in title II of division I of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 966) is amended by striking ‘‘$315,000,000,000’’ and inserting ‘‘$400,000,000,000’’. SEC. 4 . GNMA MORTGAGE -B AC K ED SECURITIES GUARANTEE COMMIT- MENT AUTHORITY. The item relating to ‘‘ G overnment N ational Mortgage Associa- tion—Guarantees of Mortgage- B acked Securities Loan Guarantee 26USC9503.Aug . 7, 2009 [H . R . 3357 ]


text:
Page:United States Statutes at Large Volume 123.djvu/1991

 123STA T . 1 97 1 PUBLIC LA W 111 –46— AU G .7 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 3 3 57:C O N GRESSIONAL RECOR D, V ol . 1 55 (20 0 9) Ju l y 29, c o nsider ed a nd p assed House. July 30, considered and passed Sena t e. Prog r amAc co unt’ ’ i n tit leI Io fd i v i s ionIoft h e O mni b usA p propria - tions Act ,20 0 9( Public L a w1 11 –8; 12 3S tat . 9 67) is amended b y stri k ing ‘ ‘ $ 300,000,000,000’’ and inserting ‘‘$ 4 00,000,000,000’’. Approved August 7, 2009.


text:
Page:United States Statutes at Large Volume 123.djvu/1992

 123STA T . 1 97 2 PUBLIC LA W 111 –4 7 — AU G .7 , 2 0 09 PublicLaw1 11 –47 111 thCongres s A n Act Makingsup p lem en t al app ro priations f or fis c al y ear 20 0 9 for t h e C onsumer A ssist - ance to R ecycle an dS a v e P rogram .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, out of an 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
 * DEPAR

T M E N T OF TRANSPORTAT I ON N ATION A LH I GHW A Y T R A F FI C SAF E TYA DM INI S TRATION CONS U MER ASSISTANCE TO RECYCLE AND SA V E P ROGRAM ( TRANSFER OF FUNDS ) For an additional amount for ‘ ‘ C onsumer Assistance to Recycle and Sa v e Program ’ ’ to carry out the Consumer Assistance to Recycle and Save Program established by the Consumer Assistance to Recycle and Save Act of 2009 ( title X III of Public L aw 1 11 – 32 ) , nottoe x ceed $ 2,000,000,000, to remain available until September 30, 2010: P rovided, That such amount shall be available for such purpose only to the extent directed by the President, and shall be derived by transfer from the amount made available for ‘‘Depart - ment of Energy — Energy Programs—Title 1 7 —Innovative Tech- nology Loan G uarantee Program’’ in title I V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111– 5 ): Provided further, That the amount under this heading is designated as an emergency re q uirement and necessary to meet emergency needs pursuant to sections 4 03 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. Section 1302(g) of Public Law 111–32 is amended by inserting the following new paragraph: ‘‘(3) REVIEW OF ADMINISTRATION OF THE PROGRAM B Y GOVERNMENT ACCOUNTABILITY OFFICE AND INSPECTOR GEN- ERAL.—Not later than 1 8 0 days after the termination date described in subsection (c)(1)(A), the Government Accountability Office and the Inspector General of the Department of Transportation shall submit reports to the Committee on Energy and Commerce of the House of Representatives and Deadlin e .R e ports . Ante, p. 19 1 3 . Aug . 7, 20 09 [H .R. 3 4 3 5]


text:
Page:United States Statutes at Large Volume 123.djvu/1993

 123STA T . 1 97 3 PUBLIC LA W 111 –4 7 — AU G .7 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 34 3 5:C O N GRESSIONAL RECOR D, V ol . 1 55 (20 0 9) Ju l y 31, c o nsider ed a nd p assed House. Au g . 6, considered and passed Sena t e. theCom m i ttee o n Comme rc e ,S cience, a n dT ran sp ortation o f the Senate re v ie w in g the administration of the program .’ ’. A pproved A u gust 7, 20 0 9.


text:
Page:United States Statutes at Large Volume 123.djvu/1994

 123STA T . 1 974PUBLIC LA W 111 – 4 8— AU G .12 , 2 0 09 PublicLaw1 11 –48 111 thCongres s A n Act Topr o videf or th e c o n ve ya nce of a parce l of land held b y the Bu reau of P ri s ons of the D epart m ent of J ustice in M iami Dade C ounty ,F lorida, to facilitate the construction of a ne w educational facility that includes a secure par k in g area for the Bureau of Prisons, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ M iami D ade Col le g e L a n d Con v ey - ance Act ’ ’ . SEC. 2 . CON V E YA NCE O FBU REAU OF P RISONS LAN D TO M IAMI DADE COUNTY , FLORIDA. ( a ) C ONVEYA N C E R E QUIR E D . — The Atto r ney G eneral shall convey to Miami Dade College o f Miami Dade Co u nty ,F lorida (in this section referred to as the ‘‘College’’), all right, title, and interest of the U nited S tates in and to a p arcel of land held by the B ureau of P risons of the Department of J ustice in Miami Dade County, Florida, consisting of a par k ing lot appro x imately 47, 50 0s q uare feet and located at 3 5 NE2 Street, for the purpose of permitting the College to use the parcel as a site for a ne w educational building that includes a parking area, of which not less than 1 1 8 secure parking spaces shall be designated for use by the Bureau of Prisons of the Department of Justice. (b) REVER S IONARY I N T EREST.—If the Attorney General deter- mines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the convey- ance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Attorney General, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Attorney General under this subsection shall be made on the record after an opportunity for a hearing. (c) SURVEY.—If the Attorney General considers it necessary, the Attorney General may have the exact acreage or square footage and legal description of the land to be conveyed under subsection (a) determined by a survey satisfactory to the Attorney General. The College shall bear the cost of the survey. Miam i D a deCol le g e L a n d Con v e y an c e A c t. A u g. 12, 2 0 0 9[H . R. 83 8 ]


text:
Page:United States Statutes at Large Volume 123.djvu/1995

 123STA T . 1 975PUBLIC LA W 111 –48— AU G .12 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 83 8 ( S.8 14):C O N GRESSIONAL RECOR D, V ol .1 5 5( 20 0 9 ): Mar . 31, c o nside red and p assed Ho u se. J ul y 28, considered and passed Sena t e. (d)EXEMPTION.—Section102 (2)( C )o f t h e Na tiona l En v i r on -m ental P olic yA ctof1 96 9( 4 2 U .S.C. 4 3 32(2)(C)) s hall not a p ply to the conveyance of land u nder su b section (a). Approved Au g ust 12 , 2009.


text: Dictionary of National Biography, 1885-1900/Moore, Albert Joseph


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Page:United States Statutes at Large Volume 123.djvu/1996

 123STA T . 1 976PUBLIC LA W 111 –4 9 — AU G .12 , 2 0 09 PublicLaw1 11 –49 111 thCongres s A n Act Toamendti t l e 28,U nited S tate sC ode, to pr o v ide f or a limited 6- mont h period for F ederal ju d g es to opt into the J udi c ial Survivors ’A nnuities S y stem and b egin contributing to w ard an annuity for their spouse and dependent children upon their death, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ Ju dicia lS u rv iv o rs P rotectio n Act o f20 0 9’ ’ . SEC. 2 . D E F INITIONS. I n this Act
 * (1)

The term ‘‘ j udicial official’’ refers to incumbent officials defined under section 376 (a) of title 2 8,U nited States C ode. (2) The term ‘‘Judicial Survivors’ Annuities F und’’ means the fund established under section 3 of the Judicial Survivors’ Annuities R eform Act (28 U.S.C. 376 note Public L a w 9 4–5 54; 90 Stat. 2611). (3) The term ‘‘Judicial Survivors’ Annuities System’’ means the p ro g ram established under section 376 of title 28, United States Code. SEC. 3 . P ERSONS NOT C U RRENTL Y P A RTICIPATIN G IN THE J UDICIAL SUR V IVORS ’ ANNUITIES SYSTE M . (a) ELECTION O F J UD ICI A LSU RV IVOR S ’ ANNUITIES S Y STE M COV - ERA G E. — An eligible judicial official may elect to participate in the Judicial Survivors’ Annuities System during the open enrollment period specified in subsection (d). (b) M ANNER OF MA K ING ELECTIONS.—An election under this section shall be made in writing, signed by the person ma k ing the election, and received by the D irector of the Administrative O ffice of the United States Courts before the end of the open enrollment period. (c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Director. (d) O P EN ENROLLMENT PERIOD DEFINED.—The open enrollment period under this section is the 6-month period beginning 30 days after the date of enactment of this Act. SEC. 4 . JUDICIAL OFFICERS’ CONTRI B UTIONS FOR OPEN ENROLL - MENT ELECTION. (a) CONTRI B UTION RATE.—Every active judicial official who files a written notification of his or her intention to participate in the 28USC376note. 28 USC 376 note. 28 USC 376 note. 28 USC 376 note. Judic i al Su rv ivor sP rotection A cto f 2 0 0 9 . Au g. 1 2, 2009 [ S. 1107 ]


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Page:United States Statutes at Large Volume 123.djvu/1997

 123STA T . 1 97 7 PUBLIC LA W 111 –4 9 — AU G .12 , 2 0 09 Judic i alS u rv iv o r s’An nui t i e sS y ste m durin g t h eo p en enrollment period shall b e deemed thereby to consent and agree to having deducted f rom his or her salary a sum e q ual to 2.75 percent of that salary or a sum equal to 3 .5 percent of his or her retirement salary , e x cept that the deduction from any retirement salary —(1) ofa j ustice or judge of the U nited States retired from regular active service under section 371(b) or 372(a) of title 2 8, United States C ode (2) of a judge of the United States Court of F ederal Claims retired under section 178 of title 28, United States Code; or (3) of a judicial official on recall under section 155(b), 373(c)( 4 ), 375, or 6 36(h) of title 28, United States Code, shall be an amount equal to 2.75 percent of retirement salary. (b) C ONTRIBU TION ST O BE CRE D ITED TO JUDI C I AL SUR V IVORS’ ANNUITIES FUND.—Contributions made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. SEC.5 . D E PO S ITF O R PRIOR CREDIT ABL E SER V ICE. (a) L U MP SUM D EPOSIT.—Any judicial official w ho files a written notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period may ma k e a deposit equaling 2.75 percent of salary, plus 3 percent annual, compounded interest, for the last 18 months of prior service, to receive the credit for prior judicial service required for immediate coverage and protection of the official’s survivors. Any such deposit shall be made on or before the closure of the open enrollment period. (b) DEPOSITS TO BE CREDITED TO JUDICIAL SURVIVORS’ ANNU - ITIES FUND.—Deposits made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. SEC. 6 . VOL UN TAR Y CONTRIBUTIONS TO ENLAR G E SURVIVORS ’ ANNUITY. Section 376 of title 28, United States Code, is amended by adding at the end the following

‘(y) For each year of Federal judicial service completed, judicial officials who are enrolled in the Judicial Survivors’ Annuities System on the date of enactment of the Judicial Survivors P rotection Actof2 0 0 9 may purchase, in 3-month increments, up to an addi- tional year of service credit, under the terms set forth in this section. I n the case of judicial officials who elect to enroll in the Judicial Survivors’ Annuities System during the statutory open enrollment period authori z ed under the Judicial Survivors Protec- tion Act of 2009, for each year of Federal judicial service completed, such an official may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in section 4(a) of that Act.’’. 28USC376note. 28 USC 376 note.


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Page:United States Statutes at Large Volume 123.djvu/1998

 123STA T . 1 978PUBLIC LA W 111 –4 9 — AU G .12 , 2 0 09 LEGIS L AT I V E H IST ORY— S .1 1 07:C O N GRESSIONAL RECOR D, V ol .1 5 5 (2 00 9) Ju l y 10, c o nsider ed a nd p assed Sena t e. July 29, considered and passed House. SEC.7 .E F FEC TIV E DA TE. ThisAct, i n c lud in g th eam endment made by secti o n 6, shall ta k ee f fect on the date of enactment of this Act . A p p r o v ed August 12 ,2 0 0 9 . 28USC376note.


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Page:United States Statutes at Large Volume 123.djvu/1999

 123STA T . 1 97 9 PUBLIC LA W 111 –50— AU G .19 , 2009 LEGIS L AT I V E H IST ORY— H . R. 7 7 4:C O N GRESSIONAL RECOR D, V ol . 15 5 (20 0 9) May 5, c o nsider ed and p assed Ho u se. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –50 111 thCongres s A n Act To designate t h e f acility of the U nited States P ostal Ser v ice located at 4 6– 02 21st Street in Long Island City, Ne w Yor k ,asthe ‘ ‘Geraldine F erraro Post Office B uilding ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.G E RALD INE F ERRARO P OST OFFICE BU ILDING. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 46–02 2 1 st Street in L on gI sland C ity ,N e wY or k , shall b e known and designated as the ‘ ‘ G eraldine F erraro Post O ffice Bu ilding ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, m a p , regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Geraldine Ferraro Post Office Building’’. Approved August 1 9, 2009. Aug.19,20 09 [H . R. 7 7 4]


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Page:United States Statutes at Large Volume 123.djvu/2000

 123STA T . 1 980PUBLIC LA W 111 –5 1 — AU G .19 , 2009 LEGIS L AT I V E H IST ORY— H . R. 987:C O N GRESSIONAL RECOR D, V ol . 15 5 (20 09 ) Mar .1 6, c o nside red and p assed Ho u se. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –5 1 111 thCongres s A n Act To designate t h e f acilit y of the U nited States P ostal Ser v ice located at 601 8th Street in F reedo m , Pennsylvania, as the ‘ ‘ J ohn Scott Challis, Jr. Post Office ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.J O H N SCOTT CH AL LIS , J R. P OST O F FICE. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 6018 th Street in F reedo m, Pennsylvania, shall b e k no w n and desi g nated as the ‘ ‘ J ohn Scott C hallis, Jr. Post O ffice ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, ma p, reg u lation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘John Scott Challis, Jr. Post Office’’. Approved August 1 9, 2 009. Aug.19,20 09 [H . R .9 87]


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Page:United States Statutes at Large Volume 123.djvu/2001

 123STA T . 1 98 1 PUBLIC LA W 111 –5 2 — AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 127 1
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O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) May 5, c o nsider ed and p assed Ho u se. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –52 111 thCongres s A n Act To designate t h e f acility of the U nited States P ostal Ser v ice located at 2 3 51 W est Atlantic B oulevard in Po m pano Beach, F lorida, as the ‘ ‘Eli j ah Pat Lar k ins Post Office Building ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. E L I JAHP AT LA RK INS POST O F FICE BU IL D IN G . (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 2351W est A tlantic B o u levard in Po mp ano Beach ,F lorida, shall b e k no w n and desi g nated as the ‘ ‘ E li j ah Pat L arkins Post O ffice Building ’ ’. (b) R E F E R EN C ES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Elijah Pat Larkins Post Office Building’’. Approved August 1 9 ,2 0 09. Aug.19,20 09 [H . R .12 7 1 ]


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Page:United States Statutes at Large Volume 123.djvu/2002

 123STA T . 1 98 2 PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 PublicLaw1 11 –53 111 thCongres s A n Act Todirect t h ee x ch ang eo f certain l and in G rand ,S an Ju an, and U intah C ountie s , Utah, and for other p urposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ U tah R ec r eati on a lL and Ex chan g e Act o f20 0 9’ ’ . SEC. 2 . D E F INITIONS. I n this Act
 * (1)FED

E RAL LA N D. — The term ‘‘Federal land’’ means the land located in G rand, S an Ju an, and Uintah C ounties, Utah, that is identified on the ma p s as— (A) ‘‘ B L M Subsurface only P roposed for Transfer to State Trust Lands’’ (B) ‘‘BLM Surface only Proposed for Transfer to State Trust Lands’’; and (C) ‘‘BLM Lands Proposed for Transfer to State Trust Lands’’. (2) GRAND COU N TYM A P .—The term ‘‘Grand County Map’’ means the map prepared by the Bureau of Land Management entitled ‘‘Utah Recreational Land Exchange Act Grand County’’, dated May 1 4, 2009, and relating to the exchange of Federal land and non - Federal land in Grand and San Juan Counties, Utah. ( 3 ) MAP S .—The term ‘‘maps’’ means the Grand County Map and the Uintah County Map. (4) N ON- F EDERAL LAND.—The term ‘‘non-Federal land’’ means the land in Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps as— (A) ‘‘State Trust Land Proposed for Transfer to BLM’’; and (B) ‘‘State Trust Minerals Proposed for Transfer to BLM’’. ( 5 ) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 6 ) STATE.—The term ‘‘State’’ means the State of Utah, as trustee under the Utah State School and Institutional Trust Lands Management Act (Utah Code Ann. 53C – 1–101 et se q .). ( 7 )U I NTA H COUNTY MAP.—The term ‘‘Uintah County Map’’ means the map prepared by the Bureau of Land Management entitled ‘‘Utah Recreational Land Exchange Act Uintah UtahRecr eat ion a lL an dEx chan g e A cto f20 0 9. A u g. 1 9, 2009 [H .R. 12 75]


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Page:United States Statutes at Large Volume 123.djvu/2003

 123STA T . 1 98 3 PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 County’ ’ ,da t e d M ay 14, 20 0 9 , and r e l at i n g tot h ee xc hange o fF ederal land and non - Federal land in U intah County, Utah .SEC.3 .E X C HANG E OFL AN D . ( a )INGE NE RAL . — If the S tate offer s to con v ey to the United States title to the non-Federal land, the Secretary shall— (1) acce p t the offer and (2) on receipt of all right, title, and interest of the State in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. ( b )C O N DIT ION S .— T he exchange authori z ed under subsection (a) shall be sub j ect to— (1) valid existing rights; (2) except as other w ise provided by this section— ( A ) section 20 6 of the Federal L and P olicy and Manage- m ent Act of 19 7 6(4 3 U.S.C. 1716); and ( B ) any other applicable laws; (3) all costs of land exchanges under this Act, including but not limited to appraisals, surveys, and related costs, shall be paid e q ually by the Secretary and the State; and (4) any additional terms and conditions that the Secretary and the State mutually determine to be appropriate. (c) TITLE A P PRO V AL.—Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format accept- able to the Secretary and the State. (d) APPRAISALS.— (1) IN G ENERAL.—The value of the Federal land and the non-Federal land shall be determined by appraisals conducted by 1 or more independent appraisers selected jointly by the Secretary and the State. (2) APPLI C A B LE LA W .—The appraisals conducted under paragraph (1) shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (3) APPROVAL.—The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (4) AD JU ST M ENT.— (A) IN GENERAL.—If value is attributed to any parcel of Federal land because of the presence of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 1 8 1 et seq.), the value of the parcel (as otherwise established under this subsection) shall be reduced by the estimated value of the payments that would have been made to the State of Utah from bonuses, rentals, and royalties that the United States would have received if such minerals were leased pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.). (B) LIMITATION.—An adjustment under subparagraph (A) shall not be considered as a property right of the State. ( 5 ) AVAILABILIT Y O F APPRAISALS.— (A) IN GENERAL.—All final appraisals, appraisal reviews, and determinations of value for land to be exchanged under this section shall be available for public review at the Utah State O ffice of the Bureau of Land Public i nspe c t i o n .


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Page:United States Statutes at Large Volume 123.djvu/2004

 123STA T . 1 984PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 Man a gem en t at l ea s t 30d a y s b e for et h e c on v eyance of the a p pl i cable parcels .(B)PUBLICAT I ON . —T he S ecretary or the State , as applicable, shall p u blish in a ne w spaper of general circula - tion in Salt L a k e C ounty, U tah, a notice that the appraisals are available for public inspection. (e) CON VEY ANCE O F PA R CEL S INP H ASES.— ( 1 ) I N G ENERAL.— N otwithstanding that appraisals for all of the parcels of F ederal land and non-Federal land may not have been approved under subsection (d)(3), parcels of the Federal land and non-Federal land may be e x changed under subsection (a) in 3 phases beginning on the date on which the appraised values of the parcels included in the applicable phase are approved under this subsection. ( 2 ) PHASES.—The 3 phases referred to in paragraph (1) are— ( A ) phase 1, consisting of the non-Federal land identi- fied as ‘ ‘phase one ’ ’ land on the G rand County Map (B) phase 2, consisting of the non-Federal land identi- fied as ‘‘phase two’’ land on the Grand County Map and the Uintah County Map; and (C) phase 3, consisting of any remaining non-Federal land that is not identified as ‘‘phase one’’ land or ‘‘phase two’’ land on the Grand County Map or the Uintah County Map. (3) NO AGREE M ENTONE X CHANGE.—If agreement has not been reached with respect to the exchange of an individual parcel of Federal land or non-Federal land, the Secretary and the State may agree to set aside the individual parcel to allow the exchange of the other parcels of Federal land and non- Federal land to proceed. ( 4 ) TIMING.—It is the intent of Congress that at least the first phase of the exchange of land authori z ed by subsection (a) be completed not later than 3 6 0 days after the date on which the State makes the Secretary an offer to convey the non-Federal land under that subsection. (f) R ESERVATION OF INTEREST IN O IL SHALE.— (1) IN GENERAL.— W ith respect to Federal land that con- tains oil shale resources, the Secretary shall reserve an interest in the portion of the mineral estate that contains the oil shale resources. (2) E XTENT OF INTEREST.—The interest reserved by the United States under paragraph (1) shall consist of— (A) 5 0 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop oil shale resources; (B) the amount that would have been received by the Federal Government under the applicable royalty rate if the oil shale resources had been retained in Federal owner- ship; and (C) 50 percent of any other payment received by the State pursuant to any lease or authorization to develop the oil shale resources. (3) PAYMENT.—Any amounts due under paragraph (2) shall be paid by the State to the United States not less than q uar- terly. Deadlin e .Not i c e.


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Page:United States Statutes at Large Volume 123.djvu/2005

 123STA T . 1 985PUBLIC LA W 111 – 53 — AU G .19 , 2 0 09 (4)NO O BLIGAT IO N TOL E A S E .—TheSta te s ha l l no t b e obl i-g ate d to lease o r other w ise de v elo p oil shale reso u r c es in which the U nited States retains an interest under this subsection. ( 5 ) V AL U ATION.— F ederal land in which the Secretar y reserves an interest under this subsection shall be appraised— ( A ) without regard to the presence o f oil shale and ( B ) in accordance with subsection (d). (g) W IT HDR A W ALO F FEDERAL L AND P RIOR TO EXC HANGE.— Sub j ect to valid e x isting rights , during the period beginning on the date of enact m ent of this Act and ending on the earlier of the date that the Federal land is removed from the exchange or the date on which the Federal land is conveyed under this Act, the Federal land is withdrawn from— ( 1 ) disposition (other than disposition under section 4) under the public land laws; ( 2 ) location, entry, and patent under the mining laws; and ( 3 ) the operation of— (A) the mineral leasing laws; (B) the G eothermal Steam Act of 1 970 (30 U.S. C . 1001 et se q .); and (C) the first section of the Act of J uly 31, 1947 (com- monly k nown as the ‘ ‘ M aterials Act of 1947 ’ ’) (30 U.S.C. 6 01). (h) A P PURTENANT WATER R IGHTS.—Any conveyance of a parcel of Federal land or non-Federal land under this Act shall include the conveyance of water rights appurtenant to the parcel conveyed. (i) E Q UAL VALUE EXCHANGE.— (1) I N GENERAL.—The value of the Federal land and non- Federal land to be exchanged under this Act— (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) EQUALI Z ATION.— (A) SURPLUS OF FEDERAL LAND.—If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equali z ed, as determined to be appropriate and accept- able by the Secretary and the State, by one or more of the following (i) By reducing the acreage of the Federal land to be conveyed. (ii) By adding additional State land to the non- Federal land to be conveyed. (iii) Consistent with section 206(b) of the Federal Land Policy and Management Act (43 U.S.C. 1716), by cash equalization of not more than 5 percent of the total value of the lands or interests in lands to be transferred out of Federal ownership. (B) SURPLUS OF NON-FEDERAL LAND.—If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State, by one or both of the following: (i) By reducing the acreage of the non-Federal land to be conveyed. Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/2006

 123STA T . 1 986PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 (i i )Cons is te nt w it h se c tion 206 ( b )o f the F e d e ralL and P olic y and M ana g e m ent A ct( 43U.S .C. 17 16) , by cash e qu ali z ation of not more than 5p ercent of the total v alue of the lands or interests in lands to be transferred out of Federal ownership. (3) NOTICEANDPUBL IC IN S PECTION. — (A) I N G ENE R AL.—If the Secretary and the State deter - mine to add or remove land from the e x change, the Sec- retary or the State shall— (i) publish in a newspaper of general circulation in Salt La k e County, Utah, a notice that identifies when and where a revised exchange map will be avail- able for public inspection and (ii) transmit to the Committee on Natural R esources of the H ouse of Representatives and the Committee on E nergy and Natural Resources of the Senate a copy of the revised exchange map. ( B )LI M ITATION.— T he Secretary and the State shall not add or remove land from the exchange until at least 30 days after the date on which the notice is published under subparagraph (A)(i) and the map is transmitted under subparagraph (A)(ii). SEC.4 .S TA T U SA NDM ANA G EMENT OFL AND AFTE R E X C H ANGE. (a) ADMINISTRATION O F NON-FEDERAL LAND.— (1) IN GENERAL.—Sub j ect to paragraph (2) and in accord- ance with section 206(c) of the Federal Land Policy and Manage- ment Act of 1 9 76 (43 U.S.C. 1716(c)), the non-Federal land acquired by the United States under this Act shall become part of, and be managed as part of, the Federal administrative unit or area in which the land is located. (2) W IT H DRA W AL PARCELS.—Any non-Federal land acquired by the United States under this Act identified on the maps as ‘ ‘Withdrawal Parcels ’ ’ is withdrawn from the operation of the mineral leasing and mineral material disposal laws. (3) RECEIPTS.— (A) IN GENERAL.—Any mineral receipts derived from the non-Federal land acquired under this Act shall be paid into the general fund of the Treasury. (B) APPLICABLE LAW.—Mineral receipts from the non- Federal land acquired under this Act shall not be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191). (b) G RA Z ING PERMITS.— (1) IN GENERAL.—If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (2) RENEWAL.—To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract. (3) CANCELLATION.— Records.Publi c at io n .


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Page:United States Statutes at Large Volume 123.djvu/2007

 123STA T . 1 987PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 (A)INGE NE RAL.—Nothing in thi s A c t prev ents the S ecret a r y or the State f ro m cance l ing or mo d ifying a gra z ing permit , lease, or contract if the land s ubj ect to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes by the Secretary or the State. ( B ) LIM I T ATI O N.— Ex cept to the extent reasonably nec - essary to accommodate surface operations in support of mineral development, the Secretary or the State shall not cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has been leased for mineral development. ( 4 )BA S E P ROPERTIES.—If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property re q uirements for a F ederal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any rene w al or extension of the lease or permit. (c) H A Z AR D O U S M ATERIALS.— ( 1 ) IN GENERAL.— T he Secretary and, as a condition of the exchange, the State shall ma k e available for review and inspection any record relating to hazardous materials on the land to be exchanged under this Act. ( 2 ) C OSTS.—The costs of remedial actions relating to haz- ardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law. (d) EASEMENT.—The conveyance of Federal land in sec. 3 3, T.4S., R . 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian, shall be subject to a 1, 0 00 foot wide scenic easement and a 200 foot wide road right-of-way previously granted to the National P ark Service for the D inosaur National Monument, as described in Land W ithdrawal No. U– 0141143, pursuant to the Act of September 8 ,1 96 0( 7 4 Stat. 857,861). SEC.5 . T E RMINA TI O NO F A U T H ORIT Y . The provisions of this Act shall terminate 5 years after the date of enactment. Public i nspe c t i o n .R eco rd s.


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Page:United States Statutes at Large Volume 123.djvu/2008

 123STA T . 1 98 8 PUBLIC LA W 111 –5 3 — AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 1275: HO U SE RE P ORTS: No . 111 – 17 9(C o m m.o n N atur a l R es our c es ) . SENATE REPORTS: No. 111– 6 7 (Comm. on Ener gy an d Natural Resources). CONGRESSIONAL RECOR D, Vol. 155 (2 0 09): J uly 7, 8, cons i dered and p assed House. Aug. 5, considered and passed Senate. SEC.6 . AUTHORIZ ATIO N O F A P PROPRIATIONS. Ther e a rea ut h o r iz e d to b ea p propriated s u c hsu m sasare n ecessar y to carry out this A ct . Appro v ed Au g ust 19,20 09.


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Page:United States Statutes at Large Volume 123.djvu/2009

 123STA T . 1 98 9 PUBLIC LA W 111 –54— AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 1397:C O N GRESSIONAL RECOR D, V ol .1 5 5 (20 09 ) May 5, c o nsider ed and p assed Ho u se. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –54 111 thCongres s A n Act To designate t h e f acility of the U nited States P ostal Ser v ice located at 41 Purdy Avenue in Rye, Ne w Yor k ,asthe ‘ ‘Caroline O ’ Day Post Office B uilding’’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. C AR O L INE O ’D A YP OST O F FICE BU ILDIN G . (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 41 P u rdy A venue in R ye ,N e wY or k , shall b e known and desi g nated as the ‘ ‘ C aroline O’ Day Post Office B uilding’’. (b) RE F E R EN C ES.—Any reference in a law, m a p , regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Caroline O’Day Post Office Building’’. Approved August 1 9, 20 09. Aug.19,20 09 [H . R .1 3 9 7]


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Page:United States Statutes at Large Volume 123.djvu/2010

 123STA T . 1 9 9 0PUBLIC LA W 111 –5 5 — AU G .19 , 2009 LEGIS L AT I V E H IST ORY— H . R. 209 0
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O N GRESSIONAL RECOR D, V ol . 15 5 ( 2009 ) June3 , c on sid e r ed a nd p assed House. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –5 5 111 thCongres s A n Act To designate t h e f acilit y of the U nited States P ostal Ser v ice located at 431 State Street in Ogdens b urg, Ne w Yor k ,asthe ‘ ‘ F rederic Re m ington Post Office B uilding ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.FR E D ERIC RE M IN G TON P OST OFFICE BU I L DING. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 431 State Street in Og dens bu rg ,N e wY or k , shall be known and designated as the ‘ ‘ F rederic R e m ington Post Office B uilding ’ ’. (b) RE F E R EN C ES.— A ny reference in a law, ma p, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Frederic Remington Post Office Building’’. Approved August 1 9, 20 09. Aug.19,20 09 [H . R . 2090 ]


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Page:United States Statutes at Large Volume 123.djvu/2011

 123STA T . 1 9 91 PUBLIC LA W 111 –56— AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 216 2
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O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) May 12, 1 3, c o nsider ed and p assed Ho u se. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –56 111 thCongres s A n Act To designate t h e f acility of the U nited States P ostal Ser v ice located at 123 11th Avenue South in Na m pa, Idaho, as the ‘ ‘Her b ert A Littleton Postal Station ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.H E RB ERT AL ITTLETON P OSTAL STATION. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 123 11th A ven u e South in N a mp a ,I daho, shall b e k no w n and desi g nated as the ‘ ‘ H erbert A L ittleton Postal Sta - tion ’ ’. (b) R E F E R EN C ES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Herbert A Littleton Postal Station’’. Approved August 1 9 ,2 0 09. Aug.19,20 09 [H . R .21 6 2 ]


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Page:United States Statutes at Large Volume 123.djvu/2012

 123STA T . 1 9 92 PUBLIC LA W 111 –57— AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 23 2 5:C O N GRESSIONAL RECOR D, V ol . 1 55 ( 2 0 0 9) June 15, c on sid e r ed a nd p assed House. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –57 111 thCongres s A n Act To designate t h e f acilit y of the U nited States P ostal Ser v ice located at 1300 M ata -m oros Street in Laredo, Te x as, as the ‘ ‘Laredo Veterans Post Office ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.LAR E D O V ETERANS P OST O F FICE. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 130 0 M ata m oros Street in L aredo , Te x as, shall b e k no w n and desi g nated as the ‘ ‘Laredo V eterans Post O ffice ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, ma p, reg u lation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Laredo Veterans Post Office’’. Approved August 1 9, 2 009. Aug.19,20 09 [H . R .2 3 2 5]


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Page:United States Statutes at Large Volume 123.djvu/2013

 123STA T . 1 9 93 PUBLIC LA W 111 –58— AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 24 22
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O N GRESSIONAL RECOR D, V ol . 15 5 ( 2 0 0 9) June 15, c on sid e r ed a nd p assed House. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –58 111 thCongres s A n Act To designate t h e f acilit y of the U nited States P ostal Ser v ice located at 2 3 00 Scenic Drive in Georgeto w n, Te x as, as the ‘ ‘ K ile G. W est Post Office B uilding ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.K I L E G. W EST P OST O F FICE BU IL D ING. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 230 0 Scenic Drive in G eor g eto w n , Te x as, shall b e k nown and designated as the ‘ ‘ K ile G. W est Post O ffice Bu ilding ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, m a p , regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Kile G. West Post Office Building’’. Approved August 19, 2009. Aug.19,20 09 [H . R .2 4 22 ]


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Page:United States Statutes at Large Volume 123.djvu/2014

 123STA T . 1 9 9 4PUBLIC LA W 111 –5 9 — AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 2470:C O N GRESSIONAL RECOR D, V ol . 15 5 ( 200 9) June 15, 1 6, c on sid e r ed a nd p assed House. Au g . 4, considered and passed Sena t e. PublicLaw1 11 –59 111 thCongres s A n Act To designate t h e f acilit y of the U nited States P ostal Ser v ice located at 19190 Cochran B oulevard F RNT in Port Charlotte, Florida, as the ‘ ‘Lieutenant Co m- mander Roy H. Boehm Post Office Building ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.L IE U TEN A NT CO M MAN D E R RO YH . B OEHM P OST O F FICE BUILDIN G . (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 19 19 0C ochran B o u levard FRN T in Port Char - lotte , Florida, shall b e k no w n and desi g nated as the ‘ ‘ L ieutenant Co m mander Roy H . Boehm Post O ffice Building ’ ’. (b) RE F E R EN C ES.— A ny reference in a law, ma p, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Lieutenant Commander Roy H. Boehm Post Office Building’’. Approved August 19, 2 009. Aug.19,20 09 [H . R .2 47 0 ]


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Page:United States Statutes at Large Volume 123.djvu/2015

Rh Public Law 111-60 111th Congress

An Act

To extend the deadline for commencement of construction of a hydroelectric project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

'''SECTION 1. EXTENSION.'''

(a) .—Notwithstanding the time period speciﬁed in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the Federal Energy Regulatory Commission project numbered 12187, the Commission may, at the request of the licensee for the project, and after reasonable notice, in accord- ance with the good faith, due diligence, and public interest require- ments of that section and the Commission’s procedures under that section, extend the time period during which the licensee is required to commence the construction of the project for up to 3 consecutive 2-year periods from the date of the expiration of the extension originally issued by the Commission.

(b) .—If the period required for commencement of construction of the project described in subsection (a) has expired prior to the date of the enactment of this Act, the Commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration.

Approved August 19, 2009.

Aug. 19, 2009

[H.R. 2938]

LEGISLATIVE HISTORY—H.R. 2938:

SENATE REPORTS: No. 111-68 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 155 (2009):

July 21, 22, considered and passed House.

Aug. 5, considered and passed Senate.


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Page:United States Statutes at Large Volume 123.djvu/2016

 123STA T . 1 9 9 6PUBLIC LA W 111 – 61 — AU G .19 , 2 0 09 PublicLaw1 11 –6 1 111 thCongres s J oint R esolution Recogniz ing th e s e rv ice , s a cri f ice, honor, an dp rofessiona l is m of the N oncommis - sioned O fficers of the U nited S tates A rm y.Wher e ast he Nonc o m m i ssione dOf ficer ran k s , name ly cor p orals and ser g eants, date b ack more than 230 years in U nited S tates A rmy history, beginning w ith the birth of the C ontinental Army in 17 7 5 and highlighted in the westward e x pansion of the United States, the Ci v il War, World War I , World War II, the K orean Conflict, the V ietnam Conflict, the liberation of K u wait, and the current G lobal War on T error Whereas Noncommissioned Officers are accomplished military professionals who have combined civilian and military education opportunities to become the Army ’ s preeminent body of leader - ship; Whereas Noncommissioned Officers are the ‘ ‘backbone of the Amer- ican Army’’ and are the standard keepers for the Army in the training, leading, coaching, and mentoring of soldiers; Whereas Noncommissioned Officers have provided invaluable service and have made great sacrifices in the line of duty, a virtue held most high, and they have continually proven their dedication and a willingness to make great sacrifices on behalf of the United States; Whereas Noncommissioned Officers recogni z e their role in training young soldiers to become future leaders, and they also recognize that an important part of their j ob is caring and looking out for the welfare of junior enlisted members and their families; Whereas Noncommissioned Officers are the ‘‘eyes and ears’’ of the commander, and have a well-earned reputation for having oper- ational and strategic awareness to interpret and issue orders as necessary within their duties and in the absence of commis- sioned officers; and Whereas the United States Army is an institution rich in cultural, ethnic, and gender diversity, and Noncommissioned Officers are outstanding role models for all Americans and are exemplary representatives of the moral character and strength of the United States Now, therefore, be it Resolv e dbyth e S e na te and H o u seo f Re pr esentat i ves of the U nited States of Am eri c ain C on g ress assembled , That Congress —( 1 ) recognizes the service, sacrifice, honor, and profes- sionalism of the Noncommissioned Officers of the United States Army; Aug.19,20 09 [H . J. Res . 4 4 ]


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Page:United States Statutes at Large Volume 123.djvu/2017

 123STA T . 1 9 9 7PUBLIC LA W 111 –6 1 — AU G .19 , 2 0 09 LEGIS L AT I V E H IST ORY— H .J .R es. 4 4
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O N GRESSIONAL RECOR D, V ol . 15 5 (20 0 9) J u l y 2 7 ,2 8, c o n s id e r ed a nd p assed House. Au g . 4, considered and passed Sena t e. (2)expr e s ses it s d eepest a ppre c iati on tot h e N onco m mis - sioned Of ficers of the A rm yw ho ser v e or have served in defense of the U nited S tates and ( 3 ) enco u ra g es the peop l e of the United States to recogni z e , commemorate, and honor the role and contri b ution of Non- commissioned Officers, past and present, in defense of the United States . Approved August 19 ,2 0 09.


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Page:United States Statutes at Large Volume 123.djvu/2018

 123STA T . 1 9 9 8PUBLIC LA W 111 –6 2 — AU G .19 , 2 0 09 PublicLaw1 11 –62 111 thCongres s J oint R esolution Granti n g t heco n s ent an d a p pro v a l o fC ongress to a m endments made by the S tate of M aryland , the Common w ealth of V irginia, and the D istrict of Col u mbia to the W ashington Metropolitan A rea T ransit R egulation Compact .Wher e asCong ress i n t it l e VI o f the P assenger R ail In v est m ent an d Im p rovement Ac tof 20 0 8( section 6 0 1, P ub lic L a w 110 –43 2 ) authori z ed the S ecretar y of T ransportation to ma k e grants to the Washington M etropolitan Area Transit Authority sub j ect to certain conditions, including that no amounts may be provided until specified amendments to the Washington Metropolitan Area Transit Regulation Compact have taken effect Whereas legislation enacted by the State of Maryland (Chapter 111, 200 9 Laws of the Maryland G eneral Assembly), the Common - wealth of Virginia (Chapter 7 71, 2009 Acts of Assembly of Vir- ginia), and the D istrict of Columbia (D . C. Act 18–009 5 ) contain the amendments to the Washington Metropolitan Area Transit Regulation Compact specified by the Passenger Rail Investment and Improvement Act of 2008 (section 601, Public Law 110– 432); and Whereas the consent of Congress is re q uired in order to implement such amendments
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ow, therefore, be it Resolv e dbyth e S e na te and H o u seo f Re pr esentat i ves of the U nited States of Am eri c ain C on g ress assembled ,SECTION1. CONSENT O F CON GR ESS TO CO MPA CT AMEN D MENTS. (a) C ONSE N T . — Consent of Congress is given to the amendments of the State of Maryland, the amendments of the Commonwealth of Virginia, and the amendments of the District of Columbia to sections 5, 9 and 18 of title III of the Washington Metropolitan Area Transit Regulation Compact. (b) A M EN D MENTS.—The amendments referred to in subsection (a) are substantially as follows: (1) Section 5 is amended to read as follows: ‘ ‘(a) The Authority shall be governed by a B oard of eight Direc- tors consisting of two Directors for each Signatory and two for the federal government (one of whom shall be a regular passenger and customer of the bus or rail service of the Authority). F or Virginia, the Directors shall be appointed by the Northern Virginia Transportation Commission; for the District of Columbia, by the Council of the District of Columbia; for Maryland, by the Wash- ington Suburban Transit Commission; and for the Federal Govern- ment, by the Administrator of General Services. For Virginia and Maryland, the Directors shall be appointed from among the mem- bers of the appointing body, e x cept as otherwise provided herein, Aug.19,20 09 [S . J. Res .19 ]


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Page:United States Statutes at Large Volume 123.djvu/2019

 123STA T . 1 9 99 PUBLIC LA W 111 –6 2 — AU G .19 , 2 0 09 andsh a l ls erv e fo ra t er mc o i ncident w ith their term on the a p pointin gb od y.AD irector for a S ignatory may be removed or s u spended from office only as provided by the law of the Signatory from which he was appointed. T he nonfederal appointing authorities shall also appoint an alternate for each Director. I n addition , the Administrator of G eneral Services shall also appoint two nonvoting members who shall serve as the alternates for the federal Directors. An alternate Director may act only in the absence of the Director for whom he has been appointed an alternate, e x cept that, in the case of the District of C olumbia where only one Director and his alternate are present, such alternate may act on behalf of the absent Director. E ach alternate, including the federal nonvoting Directors, shall serve at the pleasure of the appointing authority. In the event of a vacancy in the O ffice of Director or alternate, it shall be filled in the same manner as an original appointment. ‘ ‘ ( b )B efore entering upon the duties of his office each Director and alternate Director shall ta k e and subscribe to the following oath (or affirmation) of office or any such other oath or affirmation, if any, as the constitution or laws of the Government he represents shall provide ‘I,, hereby solemnly swear (or affirm) that I will support and defend the Constitution of the U nited States and the Constitution and laws of the state or political j urisdiction from which I was appointed as a director (alternate director) of the Board of W ashington M etropolitan Area Transit Authority and will faithfully discharge the duties of the office upon which I am about to enter. ’ ’’. ( 2 ) Subsection (a) of section 9 is amended to read as follows: ‘‘(a) The officers of the Authority, none of whom shall be mem - bers of the Board, shall consist of a general manager, a secretary, a treasurer, a comptroller, an inspector general, and a general counsel and such other officers as the Board may provide. Except for the office of general manager, inspector general, and comptroller, the Board may consolidate any of such other offices in one person. All such officers shall be appointed and may be removed by the Board, shall serve at the pleasure of the Board and shall perform such duties and functions as the Board shall specify. The Board shall fix and determine the compensation to be paid to all officers and, except for the general manager who shall be a full-time employee, all other officers may be hired on a full-time or part- time basis and may be compensated on a salary or fee basis, as the Board may determine. All employees and such officers as the Board may designate shall be appointed and removed by the general manager under such rules of procedure and standards as the Board may determine.’’. ( 3 ) Section 9 is further amended by inserting new sub- section (d) to read as follows (and by renumbering all subse- q uent paragraphs of section 9): ‘‘(d) The inspector general shall report to the Board and head the Office of the Inspector General, an independent and objective unit of the Authority that conducts and supervises audits, program evaluations, and investigations relating to Authority activities pro- motes economy, efficiency, and effectiveness in Authority activities; detects and prevents fraud and abuse in Authority activities; and keeps the Board fully and currently informed about deficiencies in Authority activities as well as the necessity for and progress of corrective action.’’.


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Page:United States Statutes at Large Volume 123.djvu/2020

 123STA T . 2 0 00 PUBLIC LA W 111 –6 2 — AU G .1 9, 2009 LEGIS L AT I V E H IST ORY— S .J .R es. 19:C O N GRESSIONAL RECOR D, V ol .1 5 5 (20 09 ) J u l y 2 8, c o n s id e r ed a nd p assed Sena t e. July 3 1, considered and passed House. (4)Section18 i sam en d ed by addin g ane w section 18(d) to r ead as f o l lows

‘(d)(1) A ll p ayments made by t h e local Signatory go v ernments for the A u thority for the purpose of matching federal funds appro - priated in any given year as authori z ed under title VI, section 60 1, P ublic L aw 110 – 4 32 regarding funding of capital and preventa- tive maintenance pro j ects of 1 the Authority shall be made from amounts derived from dedicated funding sources . ‘‘(2) F or the purposes of this paragraph (d), a ‘dedicated funding source ’ means any source of funding that is earmar k edorre q uired under State or local law to be used to match Federal appropriations authorized under title VI, section 601, Public Law 110–432 for payments to the Authority.’’. SEC.2 . RIGHT T OAL TER , A M E ND ,ORRE P EAL. T he right to alter, amend, or repeal this Act is e x pressly reserved. The consent granted by this Act shall not be construed as impairing or in any manner affecting any right or jurisdiction of the U nited States in and over the region that forms the subject of the compact. SEC. 3 . CONSTR U CTION AND SE V ERA B ILIT Y . It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. If any part or application of this compact, or legislation enabling the compact, is held invalid, the remainder of the compact or its application to other situations or persons shall not be affected. SEC. 4 . INCONSISTENCY O F LANGUAGE. The validity of this compact shall not be affected by any insubstantial differences in its form or language as adopted by the State of M aryland, C ommonwealth of Virginia and D istrict of Columbia. SEC. 5 . EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act. Approved August 1 9, 2009. Defin i t i o n .


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Page:United States Statutes at Large Volume 123.djvu/2021

 123STA T . 2 0 01 PUBLIC LA W 111 –6 3 — S E PT. 1 8, 200 9LEGIS L AT I V E H IST ORY— H . R. 3 3 25:C O N GRESSIONAL RECOR D, V ol . 1 55 ( 2 0 0 9) Ju l y 2 8, c o nsider ed a nd p assed House. Au g . 6, considered and passed Sena t e. PublicLaw1 11 –63 111 thCongres s A n Act Toa m end title X Io f t h e Social Security Act to reauthori z efor1yearthe W or k Incenti v es P lanning and Assistance program and the Protection and Advocacy for B eneficiaries of Social Security program. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ WIP Aa n dPA BS S R ea u th or i z a - tion Act o f20 0 9’ ’ . SEC. 2 .RE AU THORI Z ATION O F THE W OR K INCENTI V ES P LANNIN G AN D ASSISTANCE PROGRA M . Section 1 1 4 9 ( d ) of the Socia l Security Act (42 U .S. C . 1 3 20b – 20(d)) is amended by stri k in g ‘‘2009’’ and inserting ‘‘2010’’. SEC. 3 . REAUTHORIZATION OF THE PROTECTION AND ADVOCAC Y FOR B ENEFICIARIES OF SOCIAL SECURITY PROGRAM. Section 11 5 0(h) of the Social Security Act (42 U.S.C. 1320b– 21(h)) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. A p pro v ed September 1 8, 2009. WIPAand PA BS S Re a uthoriz ation A c to f20 0 9.4 2 U S C13 0 5 note. Se p t.1 8, 2009 [H .R. 3325 ]


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Page:United States Statutes at Large Volume 123.djvu/2022

 123STA T . 2 0 02 PUBLIC LA W 111 –64— S E PT. 1 8, 200 9LEGIS L AT I V E H IST ORY— S .J .R es. 9:C O N GRESSIONAL RECOR D, V ol . 15 5 (20 09 ) Mar .1 7, c o n s id ered and p assed Sena t e. Sept. 9, considered and passed Ho u se. PublicLaw1 11 –64 111 thCongres s J oint R esolution P ro v idin gf ort h e appoint m ent of F rance A. Co ´ rdova as a citi z en regent of the B oard of Regents of the Smithsonian Institution. Resolv e dbyth e S e na te and H o u seo f Re pr esentat i ves of the U nited States of Am eri c ain C on g ress assembled ,That,in a c c ord- anc ew ith s ection 5 5 81 o f the R e v ised S tat u tes (20U. S. C . 43) , the vacanc y on the B oard of Re g ents of the S m ithsonian I nstitution, inthec l ass other than M em b ers of Congress, occurring by reason of the resignation of E li Broad of California is filled by the a p point- ment of F rance A . Co ´ rdova of Indiana. The appointment is for a term of 6 years, effective on the later of April 7, 200 9 ,orthe date of enactment of this j oint resolution. Approved September 18, 2009. Ef f ectiv e da te .S e p t. 18,20 0 9[ S. J. R e s .9 ]


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Page:United States Statutes at Large Volume 123.djvu/2023

 123STA T . 2 0 03 PUBLIC LA W 111 –65— S E PT. 30 , 200 9PublicLaw1 11 –65 111 thCongres s A n Act Topr o videf or th e aw ardofa g o l d m edal o nb ehalf of C ongre s sto A rnold P almer in re c ognition of his service to the N ation in promoting e x cellence and good sportsmanship in golf .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.F IN D IN G S. Congres s fi n d s th efo l lo w ing
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rnold Pa l m er is a world famo u s golf p rofessional , a highl y su c cessful b usiness e x ecuti v e, a prominent advertising spo k esman, a devoted husband, father, and grandfather, and a man with a common touch that has made him one of the most popular and accessible public figures in history . ( 2 ) Arnold Palmer amassed 9 2 championships in profes - sional competition of national or international stature by the end of 199 3, 6 2 of which came on the Professional G olf Associa- tion T our. (3) Arnold Palmer ’ s magnetic personality and unfailing sense of kindness and thoughtfulness have endeared him to millions throughout the world. ( 4 ) Arnold Palmer has been the recipient of countless honors including virtually every national award in golf and both the H ickok Athlete of the Y ear and S ports I llustrated’s Sportsman of the Year awards, and he was chosen Athlete of the D ecade for the 196 0 s in a national Associated Press poll. ( 5 ) Arnold Palmer has received numerous honors outside the world of sports, including the Patriot Award of the Congres- sional M edal of Honor Society, the Golden Plate award of the American Academy of Achievement, and the U nited States N avy Memorial L one Sailor Award. (6) Arnold Palmer was honored by the United States Golf Association with the opening of the Arnold Palmer Center for Golf History on J une 3rd 200 8 . ( 7 ) Arnold Palmer served his country for 3 years in the United States Coast Guard and was among those chosen to address the Joint Session of Congress on the occasion of the 100th anniversary of the birth of President Dwight D. E isen- hower. (8) Arnold Palmer served as Honorary National Chairman of the March of Dimes B irth Defects F oundation for 20 years and played a ma j or role in the fund-raising drive that led to the creation of the Arnold Palmer Hospital for Children 31USC5 111 note. Se p t.3 0,2 00 9[H . R .12 4 3 ]


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Page:United States Statutes at Large Volume 123.djvu/2024

 123STA T . 2 0 0 4PUBLIC LA W 111 –65— S E PT. 30 , 200 9LEGIS L AT I V E H IST ORY— H . R. 1243:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) A pr .2 8, c o nside red a nd passed Ho u se. Sep t . 9, considered and passed Senate. inOrla n do and theL atro b e A rea H o sp ital C haritable F o u nda - tion in his W estern P enns y l v ania ho m eto w n .(9) Arnold Palmer remains a c tive in tournament g ol f, although he retired from competition in the ma j or champion- ships on April 14, 20 02, when he played the last of his 4 8M asters T ournaments, where he was given an emotional standing ovation as he finished the 18th hole. SEC.2 .C ONGR ESS I ON AL GOL DM EDAL. (a) P RES E NTA T IO NA U T H ORI Z E D . — The S pea k er of the House of R epresentatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Arnold Palmer in recognition of his service to the N ation in pro- moting e x cellence and good sportsmanship. (b) D ESI G N AND STRI K ING.—For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3 .D UP LICA T E MEDALS. U nder such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bron z e of the gold medal struck pursuant to section 2 and sell such dupli- cate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. SEC. 4 . NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 5 1 of title 3 1, United States Code. SEC. 5 . F UNDING. (a) AUTHORIZATION O F CHARGES.—There is authorized to be charged against the United States Mint Public E nterprise Fund an amount not to exceed $ 30,000 to pay for the cost of the medals authorized by this Act. (b) PRO C EEDS OF SA L E.—Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Approved September 30, 2009.


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Page:United States Statutes at Large Volume 123.djvu/2025

 123STA T . 2 0 0 5PUBLIC LA W 111 –6 6 — S E PT. 30 , 200 9LEGIS L AT I V E H IST ORY— H . R. 3614:C O N GRESSIONAL RECOR D, V ol .1 5 5 (20 0 9) S ept . 23, c o nsid e r ed a nd passed Ho u se. Sept. 25, considered and passed Senate, a m ended. Sept. 29, House concurred in Senate amendment. PublicLaw1 11 –6 6 111 thCongres s A n Act To pro v ide f or an additional temporar y e x tension of pro g rams under t h e Small B usiness Act and the Small Business Investment Act of 195 8, and for other purposes. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.AD DITIONA L TE MP O R AR Y E X TENSION O F A U T H ORI Z ATION OF PRO G RAMS UNDER THE SMALL B USINESS ACT AND THE SMALL BUSINESS IN V ESTMENT ACT OF 1 958 . (a)INGE NE RAL.—Section1 o f t h e A ct entit l e d‘ ‘An Act to e x tend te mp o r aril y certain a u thoritie s of the Small B usiness Administration ’ ’, appro v ed O cto b er1 0, 2 00 6 ( P ublic L a w 10 9–3 16 120 Stat. 1 74 2), as most recently amended by section 1 of Public Law 111–43 (123 Stat. 196 5 ), is amended by stri k in g ‘‘September 30, 2009’’ each place it appears and inserting ‘‘October 31, 2009’’. (b) EF FE CTIV E D ATE.— T he amendments made by subsection (a) shall take effect on September 29, 2009. Approved September 30, 2009. Sept.30,2 00 9[H . R .3 614]


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Page:United States Statutes at Large Volume 123.djvu/2026

 123STA T . 2 0 0 6PUBLIC LA W 111 – 6 7— S E PT. 30 , 200 9PublicLaw1 11 –67 111 thCongres s A n Act Toreauth or iz e the D e f e ns e P ro d u c tion A ct of 1950, and for other p urposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E T AB LEO F CONTENTS. (a)SHORTTI T LE.— T hisActm a ybe cite d as the ‘ ‘ D e f e n se Pro d u ction Act R eauthori z ation of 20 0 9’ ’. (b) T AB LEO FC O N TENT S .—The tab l e of contents for this Act is as follo w s
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ec. 1. Short tit l e ta b le of contents. Sec. 2 . R eauthorization of Defense Production Act of 1950. Sec. 3 . Declaration of polic y . Sec. 4 . Priority in contracts and orders. Sec. 5. Desi g nation of energy as a strategic and critical m aterial. Sec. 6 . Strengthening domestic capability. Sec. 7 . Ex pansion of producti v e capacity and supply. Sec. 8 . Definitions. Sec. 9. V oluntary agreements and plans of action for national defense. Sec. 10. Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports. Sec. 11. Defense Production Act C ommittee. Sec. 12. Annual report on impact of offsets. SEC. 2 . REA U THORI Z ATION OF D EFENSE P RODUCTION ACT OF 1 950 . (a) TER M INATION OF A C T.— ( 1 ) TERMINATION.—Section 7 17 of the Defense Production Act of 19 5 0 (50 U .S.C. A p p. 21 6 6) is amended— (A) by stri k in g subsections (a) and (b) and inserting the following: ‘‘(a) Title I (e x cept section 10 4 ), title III, and title V II (except sections 707, 70 8, and 721) shall terminate on September 3 0, 2014, except that all authority extended under title III on or after the date of enactment of the Defense Production Act Reauthorization of 2009 shall be effecti v e for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. ‘‘(b) N otwithstanding subsection (a), any agency created under a provision of law that is terminated under subsection (a) may continue in existence, for purposes of li q uidation, for a period not to exceed 6 months, beginning on the date of termination of the provision authorizing the creation of such agency under subsection (a).’’ and ( B ) in subsection (c), by striking the second undesig - nated paragraph. Def e ns e Producti on A ct R e a ut h ori z ation of 20 0 9.5 0 USC a p p. 20 61 note. Sept. 3 0, 2009 [ S. 16 7 7 ]


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Page:United States Statutes at Large Volume 123.djvu/2027

 123STA T . 2 0 0 7PUBLIC LA W 111 –6 7 — S E PT. 30 , 200 9(2)REP E ALS.—TitlesI I , I V ,V, and VI of t h e D efense Pr od uc tion A ct of 1950 (50 U . S . C . A p p. 2151 et se q ., 2101 et seq., 2121 et seq., and 21 3 1 et seq.) are repealed. ( b )A UTHORIZ ATIO N O F APPROPRIATIONS.—Section 7 11 of the Defense Production Act of 1950 (50 U.S.C. App. 21 6 1)isa m ended— (1) in subsection (a)— (A) in the first sentence, b y stri k in g‘ ‘(including ’ ’ and all that follo w s through ‘‘) by’’ and inserting ‘‘by’’ and ( B ) by striking ‘‘(a) AUTHORIZATION.— Ex cept as pro -v ided in subsection (b), there’’ and inserting ‘‘There’’; and (2) by striking subsection (b). SEC.3 . D EC LAR A TION O FP OLIC Y . (a) F IN D IN G S.—Section 2 of the Defense Production Act of 1950 (50 U.S.C. App. 2062) is amended to read as follows

‘SEC. 2 . DECLARATION OF POLICY. ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States; ‘‘(2) to ensure the vitality of the domestic industrial base, actions are needed— ‘‘(A) to promote industrial resources preparedness in the event of domestic or foreign threats to the security of the United States; ‘‘(B) to support continuing improvements in industrial efficiency and responsiveness; ‘‘(C) to provide for the protection and restoration of domestic critical infrastructure operations under emergency conditions; and ‘‘(D) to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States; ‘‘(3) in order to provide for the national security, the national defense preparedness effort of the United States G overnment requires— ‘‘(A) preparedness programs to respond to both domestic emergencies and international threats to national defense; ‘‘(B) measures to improve the domestic industrial base for national defense; ‘‘(C) the development of domestic productive capacity to meet— ‘‘(i) essential national defense needs that can result from emergency conditions; and ‘‘(ii) unique technological requirements; and ‘‘(D) the diversion of certain materials and facilities from ordinary use to national defense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion; ‘‘( 4 ) to meet the requirements referred to in this subsection, this Act provides the President with an array of authorities to shape national defense preparedness programs and to take


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 123STA T . 2 0 0 8PUBLIC LA W 111 –67— S E PT. 30 , 200 9ap p ro pr i a tes teps to m ai n tain an d en h an c e the domestic ind u s - tria lb ase ‘ (5) in order to ensure national de f ense preparedness , it is necessar y and appropriate to assure the a v ailability of domestic ener g y supplies for national defense needs; ‘‘( 6 ) to further assure the ade q uate maintenance of the domestic industrial base, to the ma x imum extent possible, domestic energy supplies should be augmented through reliance on rene w able energy sources (including solar, geothermal, wind, and biomass sources), more efficient energy storage and dis- tribution technologies, and energy conservation measures; ‘‘( 7 ) much of the industrial capacity that is relied upon by the U nited S tates G overnment for military production and other national defense purposes is deeply and directly influ- enced by — ‘‘( A ) the overall competitiveness of the industrial economy of the United States; and ‘‘( B ) the ability of industries in the United States, in general, to produce internationally competitive products and operate profitably while maintaining adequate research and development to preserve competitiveness with respect to military and civilian production; and ‘‘( 8 ) the inability of industries in the United States, espe- cially smaller subcontractors and suppliers, to provide vital parts and components and other materials would impair the ability to sustain the Armed F orces of the United States in combat for longer than a short period . ‘‘(b) S TA T EM E N T OFP O LICY .— I t is the policy of the United States that— ‘‘( 1 ) to ensure the adequacy of productive capacity and supply, Federal departments and agencies that are responsible for national defense acquisition should continuously assess the capability of the domestic industrial base to satisfy production requirements under both peacetime and emergency conditions, specifically evaluating the availability of adequate production sources, including subcontractors and suppliers, materials, s k illed labor, and professional and technical personnel; ‘‘( 2 ) every effort should be made to foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment; ‘‘( 3 ) plans and programs to carry out the purposes of this Act should be undertaken with due consideration for promoting efficiency and competition; ‘‘( 4 ) in providing United States Government financial assistance under this Act to correct a domestic industrial base shortfall, the President should give consideration to the creation or maintenance of production sources that will remain economi- cally viable after such assistance has ended; ‘‘(5) authorities under this Act should be used to reduce the vulnerability of the United States to terrorist attacks, and to minimi z e the damage and assist in the recovery from ter- rorist attacks that occur in the United States; ‘‘(6) in order to ensure productive capacity in the event of an attack on the United States, the United States Govern- ment should encourage the geographic dispersal of industrial facilities in the United States to discourage the concentration


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 123STA T . 2 0 0 9PUBLIC LA W 111 –67— S E PT. 30 , 2009 ofsuchpr o d uc tive f a ci l ities w ithi n li m ited g eographic areas that are vulnera b le to attac k b y an enemy of the U nited S tates ‘ (7) to ensure that essential national defense re q uirements are met , consideration should be given to stockpiling strategic materials, to the e x tent that such stockpiling is economical and feasible; and ‘‘( 8 ) in the construction of any industrial facility owned by the United States G overnment, in the rendition of any financial assistance by the United States Government for the construction, expansion, or improvement of any industrial facility, and in the production of goods and services, under this A ct or any other provision of law, each department and agency of the United States Government should apply, under the coordination of the F ederal E mergency M anagement Agency, when practicable and consistent with existing law and the desirability for maintaining a sound economy, the principle of geographic dispersal of such facilities in the interest of national defense .’ ’. SEC.4 . PRIO RI TY I N CONTR A CTS AN D ORDERS. Section 10 1 of the D efense P roduction Act of 1 95 0 (50 U.S. C . App. 2 071) is amended by adding at the end the following ‘‘(d) T he head of each Federal agency to which the President delegates authority under this section shall — ‘‘(1) not later than 270 days after the date of enactment of the Defense Production Act R eauthori z ation of 2009, issue final rules, in accordance with section 55 3 of title 5, United States Code, that establish standards and procedures by which the priorities and allocations authority under this section is used to promote the national defense, under both emergency and nonemergency conditions; and ‘‘(2) as appropriate and to the extent practicable, consult with the heads of other Federal agencies to develop a consistent and unified Federal priorities and allocations system.’’. SEC. 5 . DESI G NATION O F ENERGY AS A STRATEGIC AND CRITICA LM ATERIAL. Section 10 6 of the Defense Production Act of 1950 (50 U.S.C. App. 2076) is amended— (1) by striking ‘‘such designation’’ and all that follows through ‘‘(1)’’ and inserting ‘‘such designation’’; (2) by striking ‘‘; or’’ and inserting a period; and (3) by striking paragraph (2). SEC. 6 . STRENGT H ENING DOMESTIC CAPA B ILITY. Section 107 of the Defense Production Act of 1950 (50 U.S.C. App. 2077) is amended— (1) in subsection (a)— (A) by inserting ‘‘restore,’’ after ‘‘modernize,’’; and ( B ) by inserting ‘‘materials,’’ after ‘‘items,’’; and (2) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as para - graphs (1) and (2), respectively; and (C) in paragraph (1), as so redesignated, by striking ‘‘or critical technology items’’ and inserting ‘‘, critical tech- nology items, essential materials, and industrial resources’’. Consulta t i on .De a d line. R e g ulations.


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Page:United States Statutes at Large Volume 123.djvu/2030

 123STA T . 2 0 10 PUBLIC LA W 111 –67— S E PT. 30 , 200 9SEC.7 .E XPAN S IO NO F P R O DU C T I V E CAPACIT Y AND SUPP L Y. TitleI II of t h e D efe ns e Pr o duc tion A ct of 1950( 50 U.S . C . A p p. 2 091 et se q . ) is am ended to read as follo w s

‘ TI T LE III — E XPANS I O NO F P R O DUC TI V E CAPACIT Y AND SUPPLY ‘ ‘SEC. 301 . PRESIDENTIAL AUT H ORI Z ATION FOR THE NATIONAL DEFENSE. ‘ ‘(a) EXPEDIT I NG P RO D UC TION A ND DE L I V ERIE S OR SERVICES. — ‘‘(1) AUT H ORI Z ED ACTIVITIES.—To reduce current or pro -j ected shortfalls of industrial resources , critical technolo gy items, or essential materials needed for national defense pur- poses, su b ject to such regulations as the President may pre- scribe, the President may authori z e a guaranteeing agency to pro v ide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of produc- tion capabilities or supplies that are deemed by the guaran- teeing agency to be necessary to create, maintain, e x pedite, expand, protect, or restore production and deliveries or services essential to the national defense. ‘‘(2) PRESIDENTIAL DETER M INATIONS RE Q UIRED.—Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that— ‘‘(A) the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes ‘‘( B ) without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity; ‘‘(C) the loan guarantee is the most cost effective, expe- dient, and practical alternative for meeting the needs of the F ederal G overnment; ‘‘(D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed; ‘‘(E) the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, ta k ing into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan; ‘‘(F) the loan agreement for the loan to be guaranteed provides that no provision of the loan agreement may be amended or waived without the consent of the fiscal agent of the United States for the guarantee; and ‘‘(G) the loan applicant has provided or will provide— ‘‘(i) an assurance of repayment, as determined by the President; and ‘‘(ii) security— 50USCap p .2 0 91.


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Page:United States Statutes at Large Volume 123.djvu/2031

 123STA T . 2 0 11 PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (I)intheform of ap erforman c e b on d, in su r - ance, co l lateral, or other means acceptable to the fiscal a g ent of the U nited S tates and ‘‘(II) in an amount e q ual to not less than 20 percent of the amount of the loan . ‘‘( 3 ) LIM I TA TI ONS ON L OANS. — Loans under this section ma y be— ‘‘( A ) made or guaranteed under the authority of this section only to the e x tent that an appropriations Act— ‘‘(i) pro v ides, in advance, budget authority for the cost of such guarantees, as defined in section 5 02 of the F ederal C redit R eform Act of 19 90 (2 U.S.C. 6 61a); and ‘‘(ii) establishes a limitation on the total loan prin- cipal that may be guaranteed; and ‘‘( B ) made w ithout regard to the limitations of existing law, other than section 13 4 1 of title 31, United States Code. ‘‘(b) FIS C ALA GE NTS O F T H E UNITE D STATES.— ‘‘(1) IN GENE R AL.—Any Federal agency or any Federal reserve ban k , when designated by the P resident, is hereby authori z ed to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of this section. ‘‘(2) F U NDS.—All such funds as may be necessary to enable any fiscal agent described in paragraph (1) to carry out any guarantee made by it on behalf of any guaranteeing agency shall be supplied and disbursed by or under authority from such guaranteeing agency. ‘‘(3) LIMIT ON LIA B ILIT Y .— N o fiscal agent described in para- graph (1) shall have any responsibility or accountability, except as agent in taking any action pursuant to or under authority of this section. ‘‘(4) REIMBURSEMENTS.— E ach fiscal agent described in paragraph (1) shall be reimbursed by each guaranteeing agency for all expenses and losses incurred by such fiscal agent in acting as agent on behalf of such guaranteeing agency, including, notwithstanding any other provision of law, attor- neys ’ fees and expenses of litigation. ‘‘(c) OV ERSIGHT.— ‘‘(1) IN GENERAL.—All actions and operations of fiscal agents under authority of or pursuant to this section shall be sub j ect to the supervision of the President, and to such regulations as the President may prescribe. ‘‘(2) OTHER AUTHORITY.— T he President is authorized to prescribe— ‘‘(A) either specifically or by maximum limits or other- wise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through fiscal agents under this section; and ‘‘(B) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees. ‘‘(d) AGGREGATE G UARANTEE AMOUNTS.—


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Page:United States Statutes at Large Volume 123.djvu/2032

 123STA T . 2 0 12 PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (1)INDUSTRIAL R E S O UR C E AND CRITICAL TEC H NOLO GY SHORT F ALLS .— ‘‘( A ) IN GENERAL.—I fthemakingo fan y g u a r antee oro bl igation of the F e d eral G o v ernment under thi s title relating to a domesti c industrial base shortfall w ould cause the aggregate outstanding amount of all guarantees for such shortfall to e x ceed $50, 000,000, any such guarantee may be made only— ‘‘(i) if the P resident has notified the C ommittee on B anking, H ousing, and U rban Affairs of the S enate and the Committee on Financial Services of the House of R e p resentatives in writing of the proposed guar - antee and ‘‘(ii) after the 3 0-day period following the date on which notice under clause (i) is provided. ‘‘(B) W AI V ERS AUTHORI Z ED.— T he re q uirements of subparagraph (A) may be waived— ‘‘(i) during a period of national emergency declared by Congress or the President; or ‘‘(ii) upon a determination by the President, on a nondelegable basis, that a specific guarantee is nec- essary to avert an industrial resource or critical tech- nology item shortfall that would severely impair national defense capability. ‘‘( 2 ) O THER LI M ITATIONS.—The authority conferred by this section shall not be used primarily to prevent the financial insolvency or bankruptcy of any person, unless— ‘‘(A) the President certifies that the insolvency or bank- ruptcy would have a direct and substantially adverse effect upon national defense production; and ‘‘(B) a copy of the certification under subparagraph (A), together with a detailed j ustification thereof, is trans- mitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Serv- ices of the House of Representatives not later than 10 days prior to the exercise of that authority for such use. ‘ ‘ SEC.302 . LOAN S T O PRIV ATE BU SINESS ENTERPRISES. ‘‘(a) L OAN AUTHORITY.—To reduce current or projected shortfalls of industrial resources, critical technology items, or materials essen- tial for the national defense, the President may make provision for loans to private business enterprises (including nonprofit research corporations and providers of critical infrastructure) for the creation, maintenance, expansion, protection, or restoration of capacity, the development of technological processes, or the produc- tion of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals. ‘‘(b) CONDITIONS OF LOANS.—Loans may be made under this section on such terms and conditions as the President deems nec- essary, except that— ‘‘(1) financial assistance may be extended only to the extent that it is not otherwise available from private sources on reason- able terms; and ‘‘(2) during periods of national emergency declared by the Congress or the President, no such loan may be made unless the President determines that— 50USCap p .2 0 9 2. De a dlin e. Ce rt i f i c ati o n. N otification.


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 123STA T . 2 0 13 PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (A)theloanisf o r ana c ti v it y that s up ports the pro d uc - tion or supply of an industrial resource , critical technolo g y ite m , or material that is essential to the national defense ‘‘( B ) w ithout the loan, U nited S tates industry cannot reasona b lybee x pected to provide the needed capacity, technological processes, or materials in a timely manner; ‘‘( C ) the loan is the most cost-effective, expedient, and practical alternative method for meeting the need; ‘‘( D ) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan in accordance with the terms of the loan, as determined by the P resident; and ‘‘( E ) the loan bears interest at a rate determined by the Secretary of the T reasury to be reasonable, ta k ing into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan . ‘‘(c) LIM I TA TI ONS ON LOANS. — Loans under this section may be— ‘‘( 1 ) made or guaranteed under the authority of this section only to the extent that an appropriations Act— ‘‘(A) provides, in advance, budget authority for the cost of such guarantees, as defined in section 502 of the F ederal Credit R eform Act of 1 9 90 (2 U.S.C. 6 61a); and ‘‘(B) establishes a limitation on the total loan principal that may be guaranteed; and ‘‘(2) made without regard to the limitations of existing law, other than section 1 34 1 of title 31, United States Code. ‘‘(d) A G G RE GATE LOAN AMO U NTS.— ‘‘(1) I N GENERA L .—If the making of any loan under this section to correct a shortfall would cause the aggregate out- standing amount of all obligations of the Federal G overnment under this title relating to such shortfall to exceed $ 50,000,000, such loan may be made only— ‘‘(A) if the President has notified the Committee on Banking, H ousing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Rep- resentatives, in writing, of the proposed loan; and ‘‘(B) after the 30-day period following the date on which notice under subparagraph (A) is provided. ‘‘(2) W AI V ERS AUT H ORI Z E D .—The re q uirements of paragraph (1) may be waived— ‘‘(A) during a period of national emergency declared by the Congress or the President; and ‘‘(B) upon a determination by the President, on a non- delegable basis, that a specific loan is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability. ‘ ‘ SEC.30 3. OTH E RP RES ID E N TI AL ACTION A U THORI Z ED. ‘‘(a) IN GENERAL.— ‘‘(1) IN GENERAL.—To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the President may make provision— 50USCap p .2 0 93 . Notif i c atio n .


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 123STA T . 2 0 1 4PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (A)forpu r chase soforco m m it me n ts to purchase an in d ustria l resource or a critical technolo gy item , for G o v ern - ment use or resale ‘‘( B ) for the encouragement of e x ploration, develop- ment, and mining of critical and strategic materials, and other materials; ‘‘( C ) for the development of production capa b ilities; and ‘‘( D ) for the increased use of emerging technologies in security program applications and the rapid transition of emerging technologies — ‘‘(i) from Government-sponsored research and development to commercial applications; and ‘‘(ii) from commercial research and development to national defense applications . ‘‘( 2 ) TREATM E N T OFC ERTA I NA G RIC UL TURAL COMMO D ITIE S .— A purchase for resale under this subsection shall not include that part of the supply of an agricultural commodity w hich is domestically produced, except to the extent that such domes- tically produced supply may be purchased for resale for indus- trial use or stoc k piling. ‘‘( 3 ) TERMS OF SALES.— N o commodity purchased under this subsection shall be sold at less than— ‘‘(A) the established ceiling price for such commodity, except that minerals, metals, and materials shall not be sold at less than the established ceiling price, or the current domestic market price, whichever is lower; or ‘‘(B) if no ceiling price has been established, the higher of— ‘‘(i) the current domestic market price for such commodity; or ‘‘(ii) the minimum sale price established for agri- cultural commodities owned or controlled by the Com- modity Credit Corporation, as provided in section 407 of the Agricultural Act of 19 49 (7 U . S .C. 1427). ‘‘(4) DELI V ER Y DATES.—No purchase or commitment to pur- chase any imported agricultural commodity shall specify a delivery date which is more than 1 year after the date of termination of this section. ‘‘( 5 ) P RESIDENTIAL DETERMINATIONS.— E xcept as provided in paragraph (7), the President may not execute a contract under this subsection unless the President determines that— ‘‘(A) the industrial resource, material, or critical tech- nology item is essential to the national defense; and ‘‘(B) without Presidential action under this section, United States industry cannot reasonably be expected to provide the capability for the needed industrial resource, material, or critical technology item in a timely manner. ‘‘( 6 ) NOTIFICATION TO CONGRESS OF S H ORTFALL.— ‘‘(A) I N GENERAL.—Except as provided in paragraph (7), the President shall provide written notice to the Com- mittee on Banking, H ousing, and Urban Affairs of the Senate and the Committee on F inancial Services of the House of R epresentatives of a domestic industrial base shortfall prior to taking action under this subsection to remedy the shortfall. The notice shall include the deter- minations made by the President under paragraph (5).