[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Enrolled Bill (ENR)]
H.R.2997
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2010, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2010, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,285,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Office of Tribal Relations
For necessary expenses of the Office of Tribal Relations,
$1,000,000, to support communication and consultation activities with
Federally Recognized Tribes, as well as other requirements established
by law.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$13,032,000.
national appeals division
For necessary expenses of the National Appeals Division,
$15,254,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,436,000.
office of homeland security
For necessary expenses of the Office of Homeland Security,
$1,859,000.
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and Outreach,
$1,700,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $61,579,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,566,000: Provided, That no funds made available by this
appropriation may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on Appropriations
of both Houses of Congress and the Committee on Oversight and
Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $895,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $23,922,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $806,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $293,093,000, to remain available until expended, of
which $184,812,000 shall be available for payments to the General
Services Administration for rent; of which $13,500,000 for payment to
the Department of Homeland Security for building security activities;
and of which $94,781,000 for buildings operations and maintenance
expenses: Provided, That the Secretary shall use $15,911,000 of these
funds to cover shortfalls incurred in prior year rental payments:
Provided further, That the Secretary is authorized to transfer funds
from a Departmental agency to this account to recover the full cost of
the space and security expenses of that agency that are funded by this
account when the actual costs exceed the agency estimate which will be
available for the activities and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $41,319,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That of the amount appropriated, $13,000,000
is for stabilization and reconstruction activities to be carried out
under the authority provided by title XIV of the Food and Agriculture
Act of 1977 (7 U.S.C. 3101 et seq.) and other applicable laws.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch, $3,968,000: Provided, That these funds may
be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: Provided further,
That no funds made available by this appropriation may be obligated
after 30 days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both Houses
of Congress on the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses of the Office of Communications, $9,722,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$88,725,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$43,551,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $895,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$82,478,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $161,830,000, of which up to $37,908,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,179,639,000, of which $44,138,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Congressionally Designated
Projects'' in the statement of managers to accompany this Act:
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $375,000, except for headhouses or greenhouses which
shall each be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization
or replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $70,873,000,
of which $70,873,000 shall be for the purposes, and in the amounts,
specified in the table titled ``Congressionally Designated Projects''
in the statement of managers to accompany this Act, to remain available
until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$788,243,000, of which $120,054,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Congressionally Designated
Projects'' in the statement of managers to accompany this Act, as
follows: to carry out the provisions of the Hatch Act of 1887 (7 U.S.C.
361a-i), $215,000,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $29,000,000; for payments to eligible
institutions (7 U.S.C. 3222), $48,500,000, provided that each
institution receives no less than $1,000,000; for special grants (7
U.S.C. 450i(c)), $89,029,000; for competitive grants on improved pest
control (7 U.S.C. 450i(c)), $16,185,000; for competitive grants (7
U.S.C. 450(i)(b)), $262,482,000, to remain available until expended;
for the support of animal health and disease programs (7 U.S.C. 3195),
$2,950,000; for supplemental and alternative crops and products (7
U.S.C. 3319d), $835,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,083,000,
to remain available until expended; for the 1994 research grants
program for 1994 institutions pursuant to section 536 of Public Law
103-382 (7 U.S.C. 301 note), $1,805,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,859,000, to remain available until expended (7 U.S.C. 2209b); for a
program pursuant to section 1415A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a),
$4,800,000, to remain available until expended; for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$1,241,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $9,237,000; for competitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3156 to individual eligible institutions
or consortia of eligible institutions in Alaska and in Hawaii, with
funds awarded equally to each of the States of Alaska and Hawaii,
$3,200,000; for a secondary agriculture education program and 2-year
post-secondary education (7 U.S.C. 3152(j)), $983,000; for aquaculture
grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture
research and education (7 U.S.C. 5811), $14,500,000; for a program of
capacity building grants (7 U.S.C. 3152(b)(4)) to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, $18,250,000, to remain
available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382,
$3,342,000; for resident instruction grants for insular areas under
section 1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $900,000; for distance
education grants for insular areas under section 1490 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3362), $750,000; for a new era rural technology program pursuant
to section 1473E of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319e), $875,000; for a
competitive grants program for farm business management and
benchmarking (7 U.S.C. 5925f), $1,500,000; for a competitive grants
program regarding biobased energy (7 U.S.C. 8114), $2,250,000; and for
necessary expenses of Research and Education Activities, $45,122,000,
of which $2,704,000 for the Research, Education, and Economics
Information System and $2,136,000 for the Electronic Grants Information
System, are to remain available until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $494,923,000, of which $11,831,000 shall be for the
purposes, and in the amounts, specified in the table titled
``Congressionally Designated Projects'' in the statement of managers to
accompany this Act, as follows: payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections 3(b) and
3(c) of said Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension agents,
$297,500,000; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $4,321,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $68,070,000; payments for the pest
management program under section 3(d) of the Act, $9,938,000; payments
for the farm safety program under section 3(d) of the Act, $4,863,000;
payments for New Technologies for Ag Extension under section 3(d) of
the Act, $1,750,000; payments to upgrade research, extension, and
teaching facilities at institutions eligible to receive funds under 7
U.S.C. 3221 and 3222, $19,770,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,412,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $486,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), $4,068,000; payments for the federally-recognized Tribes
Extension Program under section 3(d) of the Smith-Lever Act,
$3,045,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,705,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-419 (7
U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by
eligible institutions (7 U.S.C. 3221), $42,677,000, provided that each
institution receives no less than $1,000,000; for grants to youth
organizations pursuant to 7 U.S.C. 7630, $1,784,000; payments to carry
out the food animal residue avoidance database program as authorized by
7 U.S.C. 7642, $1,000,000; payments to carry out section 1672(e)(49) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925), as amended, $400,000; and for necessary expenses of Extension
Activities, $20,396,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $60,022,000, as
follows: for competitive grants programs authorized under section 406
of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7626), $45,148,000, including $12,649,000 for the water
quality program, $14,596,000 for the food safety program, $4,096,000
for the regional pest management centers program, $4,388,000 for the
Food Quality Protection Act risk mitigation program for major food crop
systems, $1,365,000 for the crops affected by Food Quality Protection
Act implementation, $3,054,000 for the methyl bromide transition
program, and $5,000,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $3,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to
remain available until September 30, 2011, for the critical issues
program; $1,312,000 for the regional rural development centers program;
and $9,830,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, to remain available until
September 30, 2011.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $895,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$904,953,000, of which $24,410,000 shall be for the purposes, and in
the amounts, specified in the table titled ``Congressionally Designated
Projects'' in the statement of managers to accompany this Act, of which
$2,058,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions; of which
$23,390,000 shall be used for the cotton pests program for cost share
purposes or for debt retirement for active eradication zones; of which
$5,300,000 shall be for a National Animal Identification program; of
which $60,243,000 shall be used to prevent and control avian influenza
and shall remain available until expended: Provided, That funds
provided for the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program, emerging
plant pests, cotton pests program, grasshopper and mormon cricket
program, the plum pox program, the National Veterinary Stockpile, the
National Animal Identification System, up to $1,500,000 in the scrapie
program for indemnities, up to $1,000,000 for wildlife services methods
development, up to $1,500,000 of the wildlife services operations
program for aviation safety, and up to 25 percent of the screwworm
program shall remain available until expended: Provided further, That
no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed four, of
which two shall be for replacement only: Provided further, That, in
addition, in emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may transfer from
other appropriations or funds available to the agencies or corporations
of the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2010, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$91,148,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $64,583,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, including
$10,000,000 for replacement of a system to support commodity purchases,
except for: (1) transfers to the Department of Commerce as authorized
by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise
provided in this Act; and (3) not more than $20,056,000 for formulation
and administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,334,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $41,964,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $813,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 140 full-time
equivalent positions shall be employed during fiscal year 2010 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That of the amount
available under this heading, $3,000,000 shall be obligated to maintain
the Humane Animal Tracking System as part of the Public Health Data
Communication Infrastructure System: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $895,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,253,777,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), direct and guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488), to be available from funds in
the Agricultural Credit Insurance Fund, as follows: farm ownership
loans, $2,150,000,000, of which $1,500,000,000 shall be for
unsubsidized guaranteed loans and $650,000,000 shall be for direct
loans; operating loans, $2,670,000,000, of which $1,500,000,000 shall
be for unsubsidized guaranteed loans, $170,000,000 shall be for
subsidized guaranteed loans and $1,000,000,000 shall be for direct
loans; Indian tribe land acquisition loans, $3,940,000; conservation
loans, $150,000,000, of which $75,000,000 shall be for guaranteed loans
and $75,000,000 shall be for direct loans; Indian highly fractionated
land loans, $10,000,000; and for boll weevil eradication program loans,
$100,000,000: Provided, That the Secretary shall deem the pink bollworm
to be a boll weevil for the purpose of boll weevil eradication program
loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $32,070,000, of which
$5,550,000 shall be for unsubsidized guaranteed loans, and $26,520,000
shall be for direct loans; operating loans, $106,402,000, of which
$35,100,000 shall be for unsubsidized guaranteed loans, $23,902,000
shall be for subsidized guaranteed loans, and $47,400,000 shall be for
direct loans; conservation loans, $1,343,000, of which $278,000 shall
be for guaranteed loans, and $1,065,000 shall be for direct loans; and
Indian highly fractionated land loans, $793,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $321,093,000, of which
$313,173,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $80,325,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the
Common Information Management System: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $895,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$887,629,000, to remain available until September 30, 2011, of which
$37,382,000 shall be for the purposes, and in the amounts, specified in
the table titled ``Congressionally Designated Projects'' in the
statement of managers to accompany this Act: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That the Secretary is authorized to
transfer ownership of all land, buildings, and related improvements of
the Natural Resources Conservation Service facilities located in
Medicine Bow, Wyoming, to the Medicine Bow Conservation District:
Provided further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is obtained as
provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $30,000,000, to remain available until
expended, of which $22,111,000 shall be for the purposes, and in the
amounts, specified in the table titled ``Congressionally Designated
Projects'' in the statement of managers to accompany this Act:
Provided, That not to exceed $12,000,000 of this appropriation shall be
available for technical assistance.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$40,161,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
and Food Act of 1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That
not to exceed $3,073,000 shall be available for national headquarters
activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $895,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$201,987,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees: Provided
further, That any balances available from prior years for the Rural
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $13,121,488,000 for loans to section 502 borrowers, of which
$1,121,488,000 shall be for direct loans, and of which $12,000,000,000
shall be for unsubsidized guaranteed loans; $34,412,000 for section 504
housing repair loans; $69,512,000 for section 515 rental housing;
$129,090,000 for section 538 guaranteed multi-family housing loans;
$5,045,000 for section 524 site loans; $11,448,000 for credit sales of
acquired property, of which up to $1,448,000 may be for multi-family
credit sales; and $4,970,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $213,510,000, of which
$40,710,000 shall be for direct loans, and of which $172,800,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $4,422,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$18,935,000; section 538 multi-family housing guaranteed loans,
$1,485,000; and credit sales of acquired property, $556,000: Provided,
That of the total amount appropriated in this paragraph, the amount
equal to the amount of Rural Housing Insurance Fund Program Account
funds allocated by the Secretary for Rural Economic Area Partnership
Zones for the fiscal year 2009, shall be available through June 30,
2010, for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones: Provided further, That section
538 multi-family housing guaranteed loans funded pursuant to this
paragraph shall not be subject to a guarantee fee and the interest on
such loans may not be subsidized: Provided further, That any balances
for a demonstration program for the preservation and revitalization of
the section 515 multi-family rental housing properties as authorized by
Public Law 109-97 and Public Law 110-5 shall be transferred to and
merged with the ``Rural Housing Service, Multi-family Housing
Revitalization Program Account''.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $468,593,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$980,000,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, up
to $5,958,000 shall be available for debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the Act,
and not to exceed $50,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other than
purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That of this amount not less
than $2,030,000 is available for newly constructed units financed by
section 515 of the Housing Act of 1949, and not less than $3,400,000 is
for newly constructed units financed under sections 514 and 516 of the
Housing Act of 1949: Provided further, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may be
transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing projects;
preservation; and rental assistance activities authorized under title V
of the Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2010 for a farm labor
multi-family housing project financed under section 514 or 516 of the
Act may not be recaptured for use in another project until such
assistance has remained unused for a period of 12 consecutive months,
if such project has a waiting list of tenants seeking such assistance
or the project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under section
514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, for the cost to conduct a housing demonstration program
to provide revolving loans for the preservation of low-income multi-
family housing projects, and for additional costs to conduct a
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph,
$43,191,000, to remain available until expended: Provided, That of the
funds made available under this heading, $16,400,000 shall be available
for rural housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515 unit and
the tenant paid rent for such unit: Provided further, That funds made
available for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration programs for the preservation and revitalization of
multi-family rental housing properties described in this paragraph:
Provided further, That of the funds made available under this heading,
$1,791,000 shall be available for the cost of loans to private
nonprofit organizations, or such nonprofit organizations' affiliate
loan funds and State and local housing finance agencies, to carry out a
housing demonstration program to provide revolving loans for the
preservation of low-income multi-family housing projects: Provided
further, That loans under such demonstration program shall have an
interest rate of not more than 1 percent direct loan to the recipient:
Provided further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to 3 years and
the term of such loans shall not exceed 30 years: Provided further,
That of the funds made available under this heading, $25,000,000 shall
be available for a demonstration program for the preservation and
revitalization of the sections 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing for
low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the preservation
and revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided further, That
if the Secretary determines that additional funds for vouchers
described in this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such vouchers:
Provided further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the Secretary
may use funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $41,864,000, to remain available
until expended: Provided, That of the total amount appropriated under
this heading, the amount equal to the amount of Mutual and Self-Help
Housing Grants allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2009, shall be available through
June 30, 2010, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$45,500,000, to remain available until expended, of which $4,000,000
shall be for grants authorized by section 14204 of the Food,
Conservation, and Energy Act of 2008: Provided, That of the total
amount appropriated under this heading, the amount equal to the amount
of Rural Housing Assistance Grants allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2009, shall be
available through June 30, 2010, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones:
Provided further, That any balances to carry out a housing
demonstration program to provide revolving loans for the preservation
of low-income multi-family housing projects as authorized in Public Law
108-447 and Public Law 109-97 shall be transferred to and merged with
the ``Rural Housing Service, Multi-family Housing Revitalization
Program Account''.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $19,746,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
rural community facilities program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for rural
community facilities programs as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $54,993,000, to remain available until expended:
Provided, That $6,256,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based housing and
community development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such funds
shall be made available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program of
financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $13,902,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That $3,972,000 of the amount appropriated
under this heading shall be available for community facilities grants
to tribal colleges, as authorized by section 306(a)(19) of such Act:
Provided further, That of the amount appropriated under this heading,
the amount equal to the amount of Rural Community Facilities Program
Account funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2009, shall be available through
June 30, 2010, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones for the rural
community programs described in section 381E(d)(1) of the Consolidated
Farm and Rural Development Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading: Provided
further, That any prior balances in the Rural Development, Rural
Community Advancement Program account for programs authorized by
section 306 and described in section 381E(d)(1) of such Act be
transferred and merged with this account and any other prior balances
from the Rural Development, Rural Community Advancement Program account
that the Secretary determines is appropriate to transfer.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural
Development Act, $97,116,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development and $2,979,000
shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et
seq.) for any Rural Community Advancement Program purpose as described
in section 381E(d) of the Consolidated Farm and Rural Development Act,
of which not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be for business grants to benefit Federally
Recognized Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development: Provided
further, That of the amount appropriated under this heading, the amount
equal to the amount of Rural Business Program Account funds allocated
by the Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2009, shall be available through June 30, 2010, for
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading:
Provided further, That any prior balances in the Rural Development,
Rural Community Advancement Program account for programs authorized by
sections 306 and 310B and described in sections 310B(f) and 381E(d)(3)
of such Act be transferred and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
For the cost of direct loans, $8,464,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,035,000
shall be available through June 30, 2010, for Federally Recognized
Native American Tribes and of which $2,070,000 shall be available
through June 30, 2010, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated under this heading, the
amount equal to the amount of Rural Development Loan Fund Program
Account funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2009, shall be available through
June 30, 2010, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,941,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $44,463,000 shall not be obligated and $44,463,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $34,854,000, of which $300,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $3,463,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
socially disadvantaged producers and whose governing board and/or
membership is comprised of at least 75 percent socially disadvantaged
members; and of which $20,367,000, to remain available until expended,
shall be for value-added agricultural product market development
grants, as authorized by section 231 of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note).
rural microenterprise investment program account
For the cost of loans and grants, $5,000,000 as authorized by
section 379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.): Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees and grants, under the
same terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $39,340,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $568,730,000, to remain
available until expended, of which not to exceed $497,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $70,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act, Federally-recognized
Native American Tribes authorized by 306C(a)(1), and the Department of
Hawaiian Home Lands (of the State of Hawaii): Provided further, That
not less than $65,000,000 of the unobligated balances available for
grants authorized by 306D of the Consolidated Farm and Rural
Development Act shall be obligated within 90 days of the enactment of
this Act: Provided further, That not to exceed $19,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $6,000,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $15,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That of
the amount appropriated under this heading, the amount equal to the
amount of Rural Water and Waste Disposal Program Account funds
allocated by the Secretary for Rural Economic Area Partnership Zones
for the fiscal year 2009, shall be available through June 30, 2010, for
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones for the rural utilities programs
described in section 381E(d)(2) of the Consolidated Farm and Rural
Development Act: Provided further, That $17,500,000 of the amount
appropriated under this heading shall be transferred to, and merged
with, the Rural Utilities Service, High Energy Cost Grants Account to
provide grants authorized under section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high cost energy grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred
to and merged with the Rural Utilities Service, High Energy Costs
Grants Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community Advancement
Program account programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of such Act be transferred to and merged with this account
and any other prior balances from the Rural Development, Rural
Community Advancement Program account that the Secretary determines is
appropriate to transfer.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305 and 306 of the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936) shall be made as follows: 5 percent rural
electrification loans, $100,000,000; loans made pursuant to section 306
of that Act, rural electric, $6,500,000,000; guaranteed underwriting
loans pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made pursuant to
section 306 of that Act, rural telecommunications loans, $295,000,000:
Provided, That, notwithstanding section 6106(b) of the Food,
Conservation, and Energy Act of 2008, a guaranteed underwriting loan
may not be issued until the amendments to the Rural Electrification Act
of 1936 contained in section 6106(a) of the Food, Conservation, and
Energy Act of 2008 are administratively implemented.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $39,959,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$400,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $37,755,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That $4,500,000 shall be made
available to those noncommercial educational television broadcast
stations that serve rural areas and are qualified for Community Service
Grants by the Corporation for Public Broadcasting under section 396(k)
of the Communications Act of 1934, including associated translators and
repeaters, regardless of the location of their main transmitter,
studio-to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $28,960,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $17,976,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $813,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
In lieu of the amounts made available in section 14222(b) of the
Food, Conservation, and Energy Act of 2008, for necessary expenses to
carry out the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), except section 21, and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $16,855,829,000,
to remain available through September 30, 2011, of which $1,000,000 may
be used to carry out the school community garden pilot program
established under section 18(g)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)(3)), and of which $9,865,930,000 is
hereby appropriated, $6,747,877,000 shall be derived by transfer from
funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) and $242,022,000 shall be derived by transfer from
unobligated and unavailable balances from fiscal year 2009 under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided,
That of the total amount available, $5,000,000 shall be available to be
awarded as competitive grants to implement section 4405 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), and may be
awarded notwithstanding the limitations imposed by sections
4405(b)(1)(A) and 4405(c)(1)(A).
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $7,252,000,000, to remain available
through September 30, 2011: Provided, That notwithstanding section
17(g)(5) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)), not
more than $15,000,000 of funds provided in this Act may be used for the
purpose of evaluating program performance in the Special Supplemental
Nutrition Program for Women, Infants and Children: Provided further,
That notwithstanding section 17(h)(10)(A) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(10)(A)), of the amounts made available under
this heading, not less than $14,000,000 shall be used for
infrastructure, not less than $60,000,000 shall be used for management
information systems, and not less than $80,000,000 shall be used for
breastfeeding peer counselors and other related activities: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $58,278,181,000, of which $3,000,000,000,
to remain available through September 30, 2011, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available until expended, notwithstanding section 16(h)(1) of
the Food and Nutrition Act of 2008: Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $247,979,000, to
remain available through September 30, 2011, of which $6,000,000 shall
be for emergency food program infrastructure grants authorized by
section 209 of the Emergency Food Assistance Act of 1983: Provided,
That of the amount provided, $5,000,000 is to begin service in 7
additional States that have plans approved by the Department for the
commodity supplemental food program: Provided further, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2010 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2011: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$147,801,000.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $180,367,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the agricultural
food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall remain
available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $2,812,000, to be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided, That funds made available for the cost of agreements under
title I of the Agricultural Trade Development and Assistance Act of
1954 and for title I ocean freight differential may be used
interchangeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of such Act, $1,690,000,000, to remain available until expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$6,820,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,465,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $355,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $209,500,000, to remain available until expended: Provided, That of
this amount, the Secretary shall use $10,000,000 to conduct pilot
projects to field test new and improved micronutrient fortified food
products designed to meet energy and nutrient needs of program
participants: Provided further, That the Commodity Credit Corporation
is authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement from
amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $3,237,218,000, of which $5,509,000 shall be for
the purposes, and in the amounts, specified in the eighth paragraph
under ``Food and Drug Administration, Salaries and Expenses'' in the
statement of managers to accompany this Act: Provided, That of the
amount provided under this heading, $578,162,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h shall be
credited to this account and remain available until expended, and shall
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
assessed for fiscal year 2011 but collected in fiscal year 2010;
$57,014,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; $17,280,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $5,106,000 shall be
derived from animal generic drug user fees authorized by 21 U.S.C.
379f, and shall be credited to this account and shall remain available
until expended; and $235,000,000 shall be derived from tobacco product
user fees authorized by 21 U.S.C. 387s and shall be credited to this
account and remain available until expended: Provided further, That
fees derived from prescription drug, medical device, animal drug,
animal generic drug, and tobacco product assessments for fiscal year
2010 received during fiscal year 2010, including any such fees assessed
prior to fiscal year 2010 but credited for fiscal year 2010, shall be
subject to the fiscal year 2010 limitations: Provided further, That in
addition and notwithstanding any other provision under this heading,
amounts collected for prescription drug user fees that exceed the
fiscal year 2010 limitation are appropriated and shall be credited to
this account and remain available until expended: Provided further,
That none of these funds shall be used to develop, establish, or
operate any program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1) $782,915,000 shall
be for the Center for Food Safety and Applied Nutrition and related
field activities in the Office of Regulatory Affairs; (2) $880,104,000
shall be for the Center for Drug Evaluation and Research and related
field activities in the Office of Regulatory Affairs, of which no less
than $51,545,000 shall be available for the Office of Generic Drugs;
(3) $305,249,000 shall be for the Center for Biologics Evaluation and
Research and for related field activities in the Office of Regulatory
Affairs; (4) $155,540,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of Regulatory
Affairs; (5) $349,262,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the Office of
Regulatory Affairs; (6) $58,745,000 shall be for the National Center
for Toxicological Research; (7) $216,523,000 shall be for the Center
for Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $117,225,000 shall be for Rent
and Related activities, of which $41,496,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $171,526,000 shall be for
payments to the General Services Administration for rent; and (10)
$200,129,000 shall be for other activities, including the Office of the
Commissioner; the Office of Foods; the Office of the Chief Scientist;
the Office of Policy, Planning and Budget; the Office of International
Programs; the Office of Administration; and central services for these
offices: Provided further, That none of the funds made available under
this heading shall be used to transfer funds under section 770(n) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided
further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That funds
may be transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and
priority review user fees authorized by 21 U.S.C. 360n may be credited
to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$12,433,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $168,800,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials: Provided, That $8,200,000
of the total amount appropriated under this heading shall not be
available for obligation until the Commodity Futures Trading Commission
submits an expenditure plan for fiscal year 2010 to the Committees on
Appropriations of the House of Representatives and the Senate.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $54,500,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 204 passenger motor vehicles, of which 170 shall
be for replacement only, and for the hire of such vehicles.
Sec. 702. Section 10101 of division B of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009,
(Public Law 110-329) is amended in subsection (b) by inserting at the
end the following: ``In carrying out this section, the Secretary may
transfer funds into existing or new accounts as determined by the
Secretary.''.
Sec. 703. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant
and capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture: Provided, That none
of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to make any changes to the Department's
National Finance Center without prior approval of the Committees on
Appropriations of both Houses of Congress as required by section 712 of
this Act: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture allocated for the
National Finance Center, the Secretary may reserve not more than 4
percent for the replacement or acquisition of capital equipment,
including equipment for the improvement and implementation of a
financial management plan, information technology, and other systems of
the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of the
amounts reserved shall be available for obligation unless the Secretary
submits notification of the obligation to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That the limitation on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 704. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 707. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 708. None of the funds appropriated by this Act may be used
to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 709. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
30 days unless the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment.
Sec. 710. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make available to
any non-Department of Agriculture or non-Department of Health and Human
Services employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
Sec. 711. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects over $25,000
prior to receipt of written approval by the Chief Information Officer.
Sec. 712. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees on
Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of
Congress before implementing a program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
Sec. 713. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2011 appropriations Act.
Sec. 714. None of the funds made available by this or any other
Act may be used to close or relocate a Rural Development office unless
or until the Secretary of Agriculture determines the cost effectiveness
and/or enhancement of program delivery: Provided, That not later than
120 days before the date of the proposed closure or relocation, the
Secretary notifies the Committees on Appropriation of the House and
Senate, and the members of Congress from the State in which the office
is located of the proposed closure or relocation and provides a report
that describes the justifications for such closures and relocations.
Sec. 715. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 716. There is hereby appropriated $499,000 for any authorized
Rural Development program purpose, in communities suffering from
extreme outmigration and situated in areas that were designated as part
of an Empowerment Zone pursuant to section 111 of the Community Renewal
Tax Relief Act of 2000 (as contained in appendix G of Public Law 106-
554).
Sec. 717. None of the funds made available in fiscal year 2010 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
Sec. 718. There is hereby appropriated $3,497,000, to remain
available until expended, for a grant to the National Center for
Natural Products Research for construction or renovation to carry out
the research objectives of the natural products research grant issued
by the Food and Drug Administration.
Sec. 719. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) An Environmental Quality Incentives Program as authorized
by sections 1241-240H of the Food Security Act of 1985, as amended
(16 U.S.C. 3839aa-3839aa(8)), in excess of $1,180,000,000;
(2) a program authorized by section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)); and
(3) a program under subsection (b)(2)(A)(ii) of section 14222
of Public Law 110-246 in excess of $1,123,000,000: Provided, That
none of the funds made available in this Act or any other Act shall
be used for salaries and expenses to carry out section 19(i)(1)(C)
of the Richard B. Russell National School Lunch Act as amended by
section 4304 of Public Law 110-246 in excess of $25,000,000,
including the transfer of funds under subsection (c) of section
14222 of Public Law 110-246, until October 1, 2010: Provided
further, That $76,000,000 made available on October 1, 2010, to
carry out section 19(i)(1)(C) of the Richard B. Russell National
School Lunch Act as amended by section 4304 of Public Law 110-246
shall be excluded from the limitation described in subsection
(b)(2)(A)(iii) of section 14222 of Public Law 110-246: Provided
further, That all unobligated balances under section 32 of the Act
of August 24, 1935, available as of September 30, 2009, are hereby
rescinded.
Sec. 722. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan
under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 723. There is hereby appropriated $2,600,000, to remain
available until expended, for the construction, interim operations, and
necessary demolition needs for establishment of an agricultural pest
facility in the State of Hawaii.
Sec. 724. There is hereby appropriated $4,000,000 to the Secretary
of Agriculture to award grant(s) to develop and field test new food
products designed to improve the nutritional delivery of humanitarian
food assistance provided through the McGovern-Dole (section 3107 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1)) and
the Food for Peace title II (7 U.S.C. 1691 et seq.) programs: Provided,
That the Secretary shall use the authorities provided under the
Research, Education, and Economics mission area of the Department in
awarding such grant(s), with priority given to proposals that
demonstrate partnering with and in-kind support from the private
sector.
Sec. 725. None of the funds made available to the Department of
Agriculture in this Act may be used to implement the risk-based
inspection program in the 30 prototype locations announced on February
22, 2007, by the Under Secretary for Food Safety, or at any other
locations, until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the Committees
on Appropriations of the House of Representatives and the Senate on the
data used in support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues
identified by OIG.
Sec. 726. Notwithstanding any other provision of law, and until
receipt of the decennial census for the year 2010, the Secretary of
Agriculture--
(1) shall consider--
(A) the unincorporated area of Los Osos, California, the
city of Imperial, California, and the Harrisville Fire
District, Rhode Island, to be rural areas for the purposes of
eligibility for Rural Utilities Service water and waste
disposal loans and grants;
(B) the incorporated community of Thermalito in Butte
County, California, (including individuals and entities with
projects within the community) eligible for loans and grants
funded under the housing programs of the Rural Housing Service;
(C) the city of Lumberton, North Carolina, and the city of
Sanford, North Carolina (including individuals and entities
with projects within the city) eligible for loans and grants
funded through the Rural Community Facilities Program Account;
and
(D) the city of Nogales, Arizona (including individuals and
entities with projects within the city) eligible for loans and
grants funded through the housing programs of the Rural Housing
Service; and
(2) may fund Rural Community Facility Program projects of the
Rural Housing Service and Water and Waste Disposal Program projects
of the Rural Utilities Service for communities and municipal
districts and areas in Connecticut, Massachusetts, and Rhode Island
that filed applications for such projects with the appropriate
Rural Development field office of the Department of Agriculture
prior to August 1, 2009, and that such projects were determined by
the field office to be eligible for funding.
Sec. 727. There is hereby appropriated $3,000,000 for section 4404
of Public Law 107-171.
Sec. 728. Notwithstanding any other provision of law, there is
hereby appropriated:
(1) $3,000,000 of which $2,000,000 shall be for a grant to the
Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $1,000,000 shall be for a grant to the Vermont
Agency of Agriculture, Foods, and Markets, as authorized by section
6402 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1621 note);
(2) $350,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection;
(3) $1,000,000 shall be for development of a prototype for a
national carbon inventory and accounting system for forestry and
agriculture;
(4) $1,000,000 for the International Food Protection Training
Institute; and
(5) $200,000 for the Center for Foodborne Illness Research and
Prevention.
Sec. 729. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance through the Watershed and Flood Prevention Operations
program to carry out--
(1) the Alameda Creek Watershed Project in Alameda County,
California;
(2) the Hurricane Katrina-Related Watershed Restoration project
in Jackson County, Mississippi;
(3) the Pidcock-Mill Creeks Watershed project in Bucks County,
Pennsylvania;
(4) the Farmington River Restoration project in Litchfield
County, Connecticut;
(5) the Lake Oscawana Management and Restoration project in
Putnam County, New York;
(6) the Richland Creek Reservoir in Paulding County, Georgia;
(7) the Pocasset River Floodplain Management Project in the
State of Rhode Island;
(8) the East Locust Creek Watershed Plan Revision in Missouri,
including up to 100 percent of the engineering assistance and 75
percent cost share for construction cost of site RW1;
(9) the Little Otter Creek Watershed project in Missouri. The
sponsoring local organization may obtain land rights by perpetual
easements;
(10) the DuPage County Watershed project in the State of
Illinois;
(11) the Dunloup Creek Watershed Project in Fayette and Raleigh
Counties, West Virginia;
(12) the Dry Creek Watershed project in the State of
California; and
(13) the Upper Clark Fork Watershed project in the State of
Montana.
Sec. 730. Section 17(r)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by inserting ``the District of Columbia and'' after the
first instance of ``institutions located in'';
(2) by striking ``ten'' and inserting ``thirteen'';
(3) by striking ``eight'' and inserting ``eleven''; and
(4) by inserting ``Connecticut, Nevada, Wisconsin,'' after the
first instance of ``States shall be''.
Sec. 731. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) in the form of
unrecovered indirect costs not otherwise charged against the grant,
consistent with the indirect rate of cost approved for a recipient.
Sec. 732. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of the fiscal year
from appropriations made available for salaries and expenses in this
Act for the Farm Service Agency and the Rural Development mission area,
shall remain available through September 30, 2011, for information
technology expenses.
Sec. 733. The Secretary of Agriculture may authorize a State
agency to use funds provided in this Act to exceed the maximum amount
of liquid infant formula specified in 7 C.F.R. 246.10 when issuing
liquid infant formula to participants.
Sec. 734. (a) Child Nutrition Programs.--Section 9(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is
amended by adding at the end the following:
``(14) Combat pay.--
``(A) Definition of combat pay.--In this paragraph, the
term `combat pay' means any additional payment under chapter 5
of title 37, United States Code, or otherwise designated by the
Secretary to be appropriate for exclusion under this paragraph,
that is received by or from a member of the United States Armed
Forces deployed to a designated combat zone, if the additional
pay--
``(i) is the result of deployment to or service in a
combat zone; and
``(ii) was not received immediately prior to serving in
a combat zone.
``(B) Exclusion.--Combat pay shall not be considered to be
income for the purpose of determining the eligibility for free
or reduced price meals of a child who is a member of the
household of a member of the United States Armed Forces.''.
(b) Special Supplemental Nutrition Program for Women, Infants, and
Children.--Section 17(d)(2) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
``(C) Combat pay.--For the purpose of determining income
eligibility under this section, a State agency shall exclude
from income any additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by the Secretary to
be appropriate for exclusion under this subparagraph, that is
received by or from a member of the United States Armed Forces
deployed to a designated combat zone, if the additional pay--
``(i) is the result of deployment to or service in a
combat zone; and
``(ii) was not received immediately prior to serving in
a combat zone.''.
Sec. 735. There is hereby appropriated $1,000,000 for the grant
program for the purpose of obtaining and adding to an anhydrous ammonia
fertilizer nurse tank a substance to reduce the amount of
methamphetamine that can be produced from any anhydrous ammonia removed
from the nurse tank as authorized by section 14203 of the Food,
Conservation, and Energy Act of 2008 (21 U.S.C. 864a).
Sec. 736. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 737. Agencies with jurisdiction for carrying out
international food assistance programs under the jurisdiction of this
Act, including title II of the Food for Peace Act and the McGovern-Dole
International Food for Education Program, shall--
(1) provide to the Committees on Appropriations of the House
and the Senate no later than May 1, 2010, the following:
(A) estimates on cost-savings and programmatic efficiencies
that would result from increased use of pre-positioning of food
aid commodities and processes to ensure such cargoes are
appropriately maintained to prevent spoilage;
(B) estimates on cost-savings and programmatic efficiencies
that would result from the use of longer-term commodity
procurement contracts, the proportional distribution of
commodity purchases throughout the fiscal year, longer-term
shipping contracts, contracts which include shared-risk
principles, and adoptions of other commercially acceptable
contracting practices;
(C) estimates on costs of domestic procurement of
commodities, domestic inland transportation of food aid
commodities, domestic storage (including loading and
unloading), foreign storage (including loading and unloading),
foreign inland transportation, and ocean freight (including
ocean freight as adjusted by the ocean freight differential
reimbursement provided by the Secretary of Transportation), and
costs relating to allocation and distribution of commodities in
recipient countries;
(D) information on the frequency of delays in transporting
food aid commodities, the cause or purpose of any delays
(including how those delays are tracked, monitored and
resolved), missed schedules by carriers and non-carriers (and
resulting program costs due to such delays, including impacts
to program beneficiaries);
(E) information on the methodologies to improve interagency
coordination between host governments, the World Food Program,
and non-governmental organization to develop more consistent
estimates of food aid needs and the number of intended
recipients to appropriately inform the purchases of commodities
and in order to appropriately plan for commodity procurement
for food aid programs;
(2) provide the matter described under subsection (1) of this
section in the form of a consensus report under the signatures of
the Secretaries of Agriculture, State, and Transportation; and
(3) estimates and cost savings analysis for this section shall
be derived from periods representative of normal program
operations.
Sec. 738. There is hereby appropriated $250,000, to remain
available until expended, for a grant to the Kansas Farm Bureau
Foundation for work-force development initiatives to address out-
migration in rural areas.
Sec. 739. There is hereby appropriated $800,000 to the Farm
Service Agency to carry out a pilot program to demonstrate the use of
new technologies that increase the rate of growth of re-forested
hardwood trees on private non-industrial forests lands, enrolling lands
on the coast of the Gulf of Mexico that were damaged by Hurricane
Katrina in 2005.
Sec. 740. (a) The Commissioner of Food and Drugs shall establish
within the Food and Drug Administration a review group which shall
recommend to the Commissioner of Food and Drugs appropriate
preclinical, trial design, and regulatory paradigms and optimal
solutions for the prevention, diagnosis, and treatment of rare
diseases: Provided, That the Commissioner of Food and Drugs shall
appoint individuals employed by the Food and Drug Administration to
serve on the review group: Provided further, That members of the review
group shall have specific expertise relating to the development of
articles for use in the prevention, diagnosis, or treatment of rare
diseases, including specific expertise in developing or carrying out
clinical trials.
(b) The Commissioner of Food and Drugs shall establish within the
Food and Drug Administration a review group which shall recommend to
the Commissioner of Food and Drugs appropriate preclinical, trial
design, and regulatory paradigms and optimal solutions for the
prevention, diagnosis, and treatment of neglected diseases of the
developing world: Provided, That the Commissioner of Food and Drugs
shall appoint individuals employed by the Food and Drug Administration
to serve on the review group: Provided further, That members of the
review group shall have specific expertise relating to the development
of articles for use in the prevention, diagnosis, or treatment of
neglected diseases of the developing world, including specific
expertise in developing or carrying out clinical trials: Provided
further, That for the purposes of this section the term ``neglected
disease of the developing world'' means a tropical disease, as defined
in section 524(a)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360n(a)(3)).
(c) The Commissioner of Food and Drugs shall--
(1) submit, not later than 1 year after the date of the
establishment of review groups under subsections (a) and (b), a
report to Congress that describes both the findings and
recommendations made by the review groups under subsections (a) and
(b);
(2) issue, not later than 180 days after submission of the
report to Congress under paragraph (1), guidance based on such
recommendations for articles for use in the prevention, diagnosis,
and treatment of rare diseases and for such uses in neglected
diseases of the developing world; and
(3) develop, not later than 180 days after submission of the
report to Congress under paragraph (1), internal review standards
based on such recommendations for articles for use in the
prevention, diagnosis, and treatment of rare diseases and for such
uses in neglected diseases of the developing world.
Sec. 741. There is hereby appropriated $2,600,000 to carry out
section 1621 of Public Law 110-246 and $3,000,000 to carry out section
1613 of Public Law 110-246.
Sec. 742. Of the unobligated balances provided pursuant to section
16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 is
hereby rescinded.
Sec. 743. (a) None of the funds made available by this Act may be
used to promulgate or implement a poultry products inspection rule
allowing processed poultry or processed poultry products to be imported
into the United States from the People's Republic of China unless the
Secretary of Agriculture formally notifies Congress that the Department
will--
(1) not provide any preferential consideration to any
application by the People's Republic of China for authorization to
export poultry or poultry products to the United States;
(2) conduct audits of inspection systems and on-site reviews of
slaughter and processing facilities, laboratories and other control
operations before any Chinese facilities are certified as eligible
to ship poultry or poultry products to the United States and, in
subsequent years, to conduct such audits and reviews at least once
annually or more frequently as the Secretary determines necessary;
(3) implement a significantly increased level of port of entry
re-inspection;
(4) establish and conduct a formal and expeditious information
sharing program with other countries importing processed poultry or
processed poultry products from China that have conducted audits
and plant inspections;
(5) report to the House and Senate Committees on Appropriations
within 120 days of the date of enactment of this Act, and every 180
days thereafter for an indefinite period, with respect to the
promulgation or implementation of any poultry products inspection
rule authorizing the People's Republic of China to export poultry
or poultry products to the United States, including--
(A) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to implement any
poultry products inspection rule authorizing the People's
Republic of China to export processed poultry or processed
poultry products to the United States;
(B) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to determine whether
the poultry inspection system of the People's Republic of China
achieves a level of sanitary protection equivalent to that
achieved under United States standards;
(C) actions taken or to be taken by the Secretary to
determine whether the administration and enforcement of the
poultry and poultry products inspection system of the People's
Republic of China ensures that it achieves a level of sanitary
protection equivalent to that achieved under United States
standards;
(D) the level of port of entry re-inspections to be
conducted on processed poultry and processed poultry products
offered for importation into the United States from the
People's Republic of China; and
(E) a work plan incorporating any understandings or
agreements between FSIS and relevant authorities of the
People's Republic of China with respect to carrying out the
Secretary's assessment of the equivalency of the poultry
products inspection system of the People's Republic of China;
(6) make publicly available, no later than 30 days from the
date they are finalized, the reports of any new audits and on-site
reviews conducted by the Secretary, and, in addition, when such
audit or review is being conducted to determine whether the
People's Republic of China's poultry inspection system achieves a
level of sanitary protection equivalent to that achieved under
United States standards, to make the final report of such audit or
review publicly available no later than 30 days prior to the
publication of any notice of proposed rulemaking for such
determination; and
(7) make publicly available a list of facilities in the
People's Republic of China certified to export poultry or poultry
products to the United States and to notify the House and Senate
Committees on Appropriations if the number of facilities certified
by the People's Republic of China exceeds ten.
(b) None of the funds made available by this Act may be used to
promulgate any proposed or final rule allowing the importation into the
United States of poultry slaughtered or poultry products produced from
poultry slaughtered in the People's Republic of China unless such rule
is promulgated in accordance with the procedures for significant rules
specified in Executive Order 12866.
(c) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 744. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law
104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 745. (a) Section 531(g)(7)(F) of the Federal Crop Insurance
Act (7 U.S.C. 1531(g)(7)(F)) is amended--
(1) in the matter preceding clause (i), by inserting
``(including multiyear assistance)'' after ``assistance''; and
(2) in clause (i), by inserting ``or multiyear production
losses'' after ``a production loss''.
(b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 U.S.C.
2497(g)(7)(F)) is amended--
(1) in the matter preceding clause (i), by inserting
``(including multiyear assistance)'' after ``assistance''; and
(2) in clause (i), by inserting ``or multiyear production
losses'' after ``a production loss''.
Sec. 746. (a) Department of Agriculture Assistance During Pandemic
Emergency.--During fiscal year 2010, in any case in which a school is
closed for at least 5 consecutive days during a pandemic emergency
designation, each household containing at least 1 member who is an
eligible child attending the school shall be eligible to receive
assistance pursuant to a State agency plan approved under subsection
(b).
(b) Assistance.--To carry out this section, the Secretary of
Agriculture may approve State agency plans for temporary emergency
standards of eligibility and levels of benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with
eligible children. Plans approved by the Secretary may provide for
supplemental allotments to households receiving benefits under such
Act, and issuances to households not already receiving benefits. Such
level of benefits shall be determined by the Secretary in an amount not
less than the value of meals at the free rate over the course of 5
school days for each eligible child in the household.
(c) Minimum Closure Requirement.--The Secretary of Agriculture
shall not provide assistance under this section in the case of a school
that is closed for less than 5 consecutive days.
(d) Use of EBT System.--A State agency may provide assistance under
this section through the EBT card system established under section 7 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016).
(e) Release of Information.--Notwithstanding any other provision of
law, the Secretary of Agriculture may authorize State educational
agencies and school food authorities administering a school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) to release to appropriate officials administering
the supplemental nutrition assistance program such information as may
be necessary to carry out this section.
(f) Waivers.--To facilitate implementation of this section, the
Secretary of Agriculture may approve waivers of the limits on
certification periods otherwise applicable under section 3(f) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting
requirements otherwise applicable under section 5(f) of such Act (7
U.S.C. 2014(f)), and other administrative requirements otherwise
applicable to State agencies under such Act.
(g) Funding.--The Secretary of Agriculture shall use funds made
available under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) to fund, with the exception of the commodities described in
subsection (h), benefits provided under this section.
(h) Availability of Commodities.--During fiscal year 2010, the
Secretary of Agriculture may utilize funds appropriated under section
32 of the Act of August 24, 1935 (7 U.S.C. 612c) to purchase
commodities for emergency distribution in any area of the United States
during a pandemic emergency designation.
(i) Definitions.--In this section:
(1) The term ``eligible child'' means a child (as defined in
section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)) who, if not for the closure of the school
attended by the child during a pandemic emergency designation and
due to concerns about an influenza pandemic, would receive free or
reduced price school meals under the Richard B. Russell National
School Lunch Act (42 U.S.C. 175l et seq.) at the school.
(2) The term ``pandemic emergency designation'' means the
declaration--
(A) of a public health emergency, based on pandemic
influenza, by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d);
or
(B) of a domestic emergency, based on pandemic influenza,
by the Secretary of Homeland Security.
(3) The term ``school'' has the meaning given the term in
section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)).
Sec. 747. Specific projects contained in the report of the
Committee on Appropriations of the House of Representatives
accompanying this Act (H. Rept. 111-181) that are considered
congressional earmarks for purposes of clause 9 of rule XXI of the
Rules of the House of Representatives, when intended to be awarded to a
for-profit entity, shall be awarded under a full and open competition.
Sec. 748. (a) There is hereby appropriated $350,000,000 of which
$60,000,000 is provided for purchases of cheese and other dairy
products under 7 U.S.C. 2036(a) and $290,000,000 is provided to the
Secretary of Agriculture to assist dairy producers under section 10104
of Public Law 107-171.
(b)(1) Regulations.--The Secretary of Agriculture may promulgate
such regulations as are necessary to implement this section.
(2) Procedure.--The promulgation of the implementing regulations
and the administration of this section shall be made without regard
to--
(A) the notice and comment provisions of section 553 of title
5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(3) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of Agriculture shall use the authority
provided under section 808 of title 5, United States Code.
Sec. 749. (a) Section 6(e)(1)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking
``2009'' and inserting ``2010''.
(b) Section 9(f)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(f)(5)) is amended by striking ``2009'' and
inserting ``2010''.
(c)(1) Section 9(h)(3) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking ``2009'' and
inserting ``2010''.
(2) Section 9(h)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(4)) is amended by striking ``2009'' and
inserting ``2010''.
(d) Section 18(h)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(h)(5)) is amended by striking ``2009'' and
inserting ``2010''.
(e) Section 21(g)(1)(A)(ii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)(ii)) is amended by
striking ``and October 1, 2008'' and inserting ``October 1, 2008, and
October 1, 2009''.
(f) Section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended by striking ``2009'' and inserting
``2010''.
(g)(1) From the funds made available under paragraph (5), the
Secretary shall carry out demonstration projects to develop and test
methods of providing access to food for children in urban and rural
areas during the summer months when schools are not in regular session
to--
(A) reduce or eliminate the food insecurity and hunger of
children; and
(B) improve the nutritional status of children.
(2) For purposes of this subsection, the term ``children'' means
low-income children, as specified by the Secretary.
(3)(A) From the funds made available under paragraph (5), the
Secretary shall provide for an independent evaluation of the
demonstration projects carried out under this subsection, which shall
use rigorous methodologies, including--
(i) random assignment of children or schools, where
practicable; or
(ii) if random assignment of children or schools is not
practicable, quasi-experimental or other methods that are capable
of producing scientifically valid information regarding which
projects are effective in achieving the purposes described in
paragraph (1).
(B)(i) Not later than December 31, 2010, and each December 31
thereafter until the completion of the last evaluation conducted under
subparagraph (A) the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report that
includes--
(I) the status of each demonstration project carried out under
this subsection; and
(II) the results of the evaluations conducted under
subparagraph (A) for the previous fiscal year.
(ii) Not later than 120 days after the completion of the last
evaluation conducted under subparagraph (A), the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that includes recommendations on how to improve children's
access to food during the summer months when school is not in regular
session.
(4) The Secretary may use funds made available under paragraph (5)
to pay--
(A) participant benefits;
(B) the added administrative expenses incurred by participating
organizations as a result of participating in a project under this
subsection;
(C) costs associated with outreach to potential participants
and potential sponsoring organizations; and
(D) costs associated with soliciting, administering,
monitoring, and evaluating each demonstration project carried out
under this subsection.
(5)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $85,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(h)(1)(A) From the funds made available under subparagraph (C), the
Secretary shall provide assistance through grants to State agencies
administering the National School Lunch Program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) with the
lowest rates of children certified for free meals pursuant to
paragraphs (4) and (5) of section 9(b) of such Act (42 U.S.C.
1758(b)(4); 1758(b)(5)) for the purpose of improving such rates.
(B) Under the terms and conditions established by the Secretary, a
State receiving grant funds under this subsection may use such funds to
pay costs related to improving the rate of direct certification in such
State, including the costs related to--
(i) making technology improvements;
(ii) providing technical assistance to local educational
agencies;
(iii) implementing a new or revised direct certification system
in such State and in the local educational agencies of such State;
and
(iv) using multiple public means tested benefits programs for
the purpose of direct certification.
(C)(i) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this paragraph $22,000,000, to remain
available until expended.
(ii) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this paragraph the funds transferred under
clause (i), without further appropriation.
(2)(A) From the funds made available under subparagraph (B), the
Secretary shall provide technical assistance to assist States receiving
grants under paragraph (1), and other States, as appropriate, in
improving the rates of direct certification.
(B)(i) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this paragraph $3,000,000, to remain
available until expended.
(ii) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this paragraph the funds transferred under
clause (i), without further appropriation.
(i)(1) From the funds made available under paragraph (4), in
carrying out the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786 et seq.) (in this subsection referred to as
the ``program'') during fiscal year 2010, the Secretary shall provide
performance bonus payments to State agencies that demonstrate--
(A) the highest proportion of breastfed infants, as compared to
other State agencies participating in the program; or
(B) the greatest improvement in proportion of breastfed
infants, as compared to other State agencies participating in the
program.
(2) In providing performance bonus payments to State agencies under
this subsection, the Secretary shall consider a State agency's
proportion of participating fully breastfed infants.
(3) A State agency that receives a performance bonus under
paragraph (1)--
(A) shall treat the funds as program income; and
(B) may transfer the funds to local agencies for use in
carrying out the program.
(4)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $5,000,000.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(j)(1) From the funds made available under paragraph (5), the
Secretary shall make payments to State educational agencies to award
grants to eligible school food authorities for the purchase of
equipment for schools under the jurisdiction of such authorities.
(2)(A) Payments under paragraph (1) shall be allocated to State
educational agencies in a manner proportional with each agency's
administrative expense allocation under section 7(a)(2) of the Child
Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)).
(B) If a State educational agency does not accept or use the
amounts made available under its allocation in accordance with this
subsection, the Secretary shall reallocate such amounts to other State
educational agencies, as the Secretary determines necessary.
(3)(A) Not later than 180 days after receiving an allocation under
this subsection, a State educational agency shall award grants, on a
competitive basis, to eligible school food authorities.
(B) For the purposes of this subsection, the term ``eligible school
food authority'' means a school food authority--
(i) participating in the National School Lunch Program
established under the Richard B. Russell National School Lunch
Program (42 U.S. C. 1751 et seq.); and
(ii) that did not receive a grant for equipment assistance
under the grant program carried out pursuant to the heading ``Food
and Nutrition Service Child Nutrition Programs'' in title I of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
(C) To qualify to receive a grant under this subsection, an
eligible school food authority shall--
(i) submit an application to a State educational agency at such
time, in such manner, and containing such information as the State
educational agency may require; or
(ii) have submitted an application to receive equipment
assistance under the grant program carried out pursuant to the
heading ``Food and Nutrition Service Child Nutrition Programs'' in
title I of division A of the American Recovery and Reinvestment Act
of 2009 (Public law 111-5).
(D) In awarding grants to eligible school food authorities, a State
shall give priority to each eligible school food authority whose
application demonstrates that in providing equipment assistance to
schools with funds received under this subsection, it will give
priority to schools where not less than 50 percent of the enrolled
students are eligible for free or reduced price meals under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(E) Under the terms and conditions established by the Secretary, an
eligible school food authority receiving a grant under this subsection
shall use such funds to purchase equipment for schools under the
jurisdiction of the school food authority--
(i) to improve the quality of school meals, consistent with the
goals of the most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(ii) to improve the safety of food served in the school meal
programs established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(iii) to improve the overall energy efficiency of school
foodservice operations; or
(iv) for other purposes as established by the Secretary.
(4) A State educational agency receiving an allocation under this
subsection may not use more than 5 percent of such allocation for
administrative costs associated with awarding grants to eligible school
food authorities in accordance with this subsection.
(5)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $25,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(k)(1) The purpose of this subsection is to provide grants, on a
competitive basis, to State agencies administering the child and adult
care food program established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) (referred to in this
section as ``the program'') for the purpose of improving the health and
nutrition of children in child care settings.
(2) From the funds made available under paragraph (8), the
Secretary shall award grants, on a competitive basis, to State agencies
administering the program for the purpose of promoting health and
nutrition improvement in child care settings.
(3) In awarding grants under this subsection, the Secretary shall
give priority to State agencies administering projects under the
program that carry out each of the authorized uses of funds described
in paragraph (7).
(4) A State receiving a grant under this subsection shall use not
less than 50 percent of such grant funds to award subgrants to
institutions for the purpose of conducting the activities described in
paragraph (6).
(5) For the purposes of this subsection, the term ``institution''
has the meaning given such term in section 17(a)(2) of the Richard B.
Russell National School Lunch Act (42 U.S.C.1766(a)(2)).
(6) To be eligible to receive funds under this subsection, a State
agency shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, which shall include--
(A) a plan to improve the quality of food provided in--
(i) child care centers; and
(ii) family or group day care homes; and
(B) a description of--
(i) the procedures by which the State agency will use the
grant received under this subsection to award subgrants to
institutions; and
(ii) the criteria that the State agency will use in
awarding such subgrants.
(7) In addition to such other activities as the Secretary
determines to be appropriate, State agencies and institutions may use
funds provided under this subsection for activities that--
(A) promote nutrition and physical activity in child care
settings and that reflect the recommendations of--
(i) the most recent version of the Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
and
(ii) the most recent scientific knowledge;
(B) provide technical assistance and training to sponsors and
providers of child care centers and family or group day care homes
in implementing State or local initiatives designed to improve the
health and nutrition of children;
(C) perform outreach campaigns on the State or local level that
are designed to increase access to the program in underserved areas
and populations; and
(D) make innovative use of technology to provide training and
education to promote the nutrition, physical activity, and health
of children.
(8)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $8,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(l) For purposes of this section, the term ``Secretary'' means the
Secretary of Agriculture.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.