Text: H.R.2997 — 111th Congress (2009-2010)All Information (Except Text)

Text available as:

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Public Law No: 111-80 (10/21/2009)

 
[111th Congress Public Law 80]
[From the U.S. Government Printing Office]



[[Page 2089]]

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
                RELATED AGENCIES APPROPRIATIONS ACT, 2010

[[Page 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. <<NOTE: Oct. 21, 
                         2009 -  [H.R. 2997]>> 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010.>>  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 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: <<NOTE: Reports.>> 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 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 123 STAT. 2093]]

of Agriculture funded by this Act to maintain personnel at the agency 
level: <<NOTE: Notification. Deadline.>> 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 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: <<NOTE: 7 USC 2254.>>  
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: <<NOTE: Maryland.>> 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 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 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 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 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, <<NOTE: Notification.>> 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 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: <<NOTE: Notification.>> 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: <<NOTE: Employment positions.>> 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 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 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: <<NOTE: Pink Bollworm.>> 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: <<NOTE: Notification. Deadline.>> 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 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 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: <<NOTE: Wyoming.>> 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 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 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 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: <<NOTE: Applicability.>> 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: <<NOTE: Vouchers.>> 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: <<NOTE: Loans.>> 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 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 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 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 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 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): <<NOTE: Grants. Deadline.>> 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: <<NOTE: Contracts.>> 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 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 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 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: <<NOTE: Workfare.>> 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 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 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 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, <<NOTE: Fees.>> 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 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 123 STAT. 2119]]

(Public Law 110-329) <<NOTE: 7 USC 6945.>> 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: <<NOTE: Notification.>> 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 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.
     <<NOTE: Notifications. Deadlines.>> 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 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, <<NOTE: Deadline. Notification. Reports.>> 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.  <<NOTE: Missouri.>> 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 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.  <<NOTE: News stories.>> 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 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.  <<NOTE: State listing.>> 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 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.  <<NOTE: State listing.>> 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 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 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) <<NOTE: Deadline. Cost estimates.>> 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) <<NOTE: Contracts.>> 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 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) <<NOTE: Reports.>> 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. <<NOTE: Establishment. 21 USC 360aa note.>> (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) <<NOTE: Deadlines.>> The Commissioner of Food and Drugs shall--
            (1) <<NOTE: Reports.>> submit, not later than 1 year after 
        the date of the establishment of review groups under subsections 
        (a) and (b),

[[Page 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) <<NOTE: Guidelines.>> 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) <<NOTE: Standards.>> 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.  <<NOTE: Rescission.>> 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. <<NOTE: Poultry and poultry products. People's Republic of 
China. Notification.>> (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) <<NOTE: Audits. Certifications.>> 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) <<NOTE: Reports. Deadlines.>> 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 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) <<NOTE: Public 
        information. Deadline. Reports. Notice.>> 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) <<NOTE: Public 
        information. Records. Notification.>> 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) <<NOTE: Applicability.>> 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 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 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.  <<NOTE: Earmarks.>> 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 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) <<NOTE: Children and youth. Urban and rural areas.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Deadlines. Reports.>> 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) <<NOTE: Deadline. Reports.>> 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 123 STAT. 2133]]

            (D) costs associated with soliciting, administering, 
        monitoring, and evaluating each demonstration project carried 
        out under this subsection.

    (5)(A) <<NOTE: Effective date.>> 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) <<NOTE: Grants. Children and youth.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Performance payments. Inter-governmental 
relations.>> 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

[[Page 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) <<NOTE: Effective date.>> 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) <<NOTE: Inter-governmental relations. Grants.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> 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

[[Page 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) <<NOTE: Effective date.>> 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) <<NOTE: Grants. Inter-governmental relations. Children and 
youth.>> 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

[[Page 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) <<NOTE: Effective date.>> 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) <<NOTE: Definition.>> 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):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 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.

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