[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
123 STAT. 2090
Public Law 111-80
111th Congress
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.
[[Page 2091]]
123 STAT. 2091
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
[[Page 2092]]
123 STAT. 2092
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
[[Page 2093]]
123 STAT. 2093
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
[[Page 2094]]
123 STAT. 2094
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
[[Page 2095]]
123 STAT. 2095
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
[[Page 2096]]
123 STAT. 2096
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-
[[Page 2097]]
123 STAT. 2097
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
[[Page 2098]]
123 STAT. 2098
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
[[Page 2099]]
123 STAT. 2099
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
[[Page 2100]]
123 STAT. 2100
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).
[[Page 2101]]
123 STAT. 2101
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).
[[Page 2102]]
123 STAT. 2102
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.
[[Page 2103]]
123 STAT. 2103
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.
[[Page 2104]]
123 STAT. 2104
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.
[[Page 2105]]
123 STAT. 2105
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
[[Page 2106]]
123 STAT. 2106
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
[[Page 2107]]
123 STAT. 2107
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
[[Page 2108]]
123 STAT. 2108
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.
[[Page 2109]]
123 STAT. 2109
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
[[Page 2110]
123 STAT. 2110
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.
[[Page 2111]]
123 STAT. 2111
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
[[Page 2112]]
123 STAT. 2112
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
[[Page 2113]]
123 STAT. 2113
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,
[[Page 2114]]
123 STAT. 2114
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
[[Page 2115]]
123 STAT. 2115
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
[[Page 2116]]
123 STAT. 2116
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''.
mc govern-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
[[Page 2117]]
123 STAT. 2117
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
[[Page 2118]]
123 STAT. 2118
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,
[[Page 2119]]
123 STAT. 2119
(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
[[Page 2120]]
123 STAT. 2120
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
[[Page 2121]]
123 STAT. 2121
(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.
[[Page 2122]]
123 STAT. 2122
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
[[Page 2123]]
123 STAT. 2123
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
[[Page 2124]]
123 STAT. 2124
(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;
[[Page 2125]]
123 STAT. 2125
(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:
[[Page 2126]]
123 STAT. 2126
``(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);
[[Page 2127]]
123 STAT. 2127
(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),
[[Page 2128]]
123 STAT. 2128
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;0
(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
[[Page 2129]]
123 STAT. 2129
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''.
[[Page 2130]]
123 STAT. 2130
(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
[[Page 2131]]
123 STAT. 2131
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''.
[[Page 2132]]
123 STAT. 2132
(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
[[Page 2133]]
123 STAT. 2133
(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
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123 STAT. 2134
(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
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123 STAT. 2135
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
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123 STAT. 2136
(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''.
Approved October 21, 2009.
LEGISLATIVE HISTORY--H.R. 2997 (S. 1406):
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HOUSE REPORTS: Nos. 111-181 (Comm. on Appropriations) and 111-279
(Comm. of Conference).
SENATE REPORTS: No. 111-39 (Comm. on Appropriations) accompanying S.
1406.
CONGRESSIONAL RECORD, Vol. 155 (2009):
July 8, 9, considered and passed House.
July 30, 31, Aug. 3, 4, considered and passed Senate,
amended.
Oct. 7, House agreed to conference report.
Oct. 8, Senate agreed to conference report.