U.S. Congress - Text of H.R.2997 as Enrolled Bill Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appr...
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Donate NowH.R.2997 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010
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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 15,566 | n/a | n/a |
| Engrossed in House | 15,809 | 199 | 10% |
| Placed on Calendar Senate | 15,798 | 4 | 0% |
| Engrossed Amendment Senate | 19,902 | 340 | 45% |
| Enrolled Bill | 22,710 | 430 Show Changes Hide Changes | 42% |
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HR 2997 EAS In the Senate of the United States, August 4, 2009.
) entitled ‘An Act making appropriations for Agriculture, Rural Development, Food and Drug
One Hundred Eleventh Congress
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of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE FIRST SESSIONCommentsClose CommentsPermalink
Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink
the sixth day of January, two thousand and nineCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
’, do pass with the following AMENDMENT: Strike out all after the enacting clause and insert:
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist, $13,032,000.CommentsClose CommentsPermalink
national appeals division
For necessary expenses of the National Appeals Division, $15,21954,000.CommentsClose CommentsPermalink
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis, $9,436,0000.CommentsClose CommentsPermalink
office of homeland security
For necessary expenses of the Office of Homeland Security, $1,859,000.CommentsClose CommentsPermalink
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and Outreach, $1,700,000.CommentsClose CommentsPermalink
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, $631,579,000.CommentsClose CommentsPermalink
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer, $6,566,000: Provided, That no funds made available by this appropriation may be obligated for FAIR Act or Circular A-76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including agency budgets for contracting out.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $895,000.CommentsClose CommentsPermalink
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $23,4922,000.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for Administration, $806,000.CommentsClose CommentsPermalink
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
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 (
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
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3,968,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations.CommentsClose CommentsPermalink
Office of Communications
For necessary expenses of the Office of Communications, $9,722,000.CommentsClose CommentsPermalink
Office of Inspector General
For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $88,0725,000, 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
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $43,551,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Economic Research Service
For necessary expenses of the Economic Research Service, $82,0478,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,181,632,000, of which $35,51279,639,000, of which $44,138,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Congressionally Designated Projects’ in the report to accompany this Act:Provided, That appropriationsstatement of managers to accompany this Act: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to
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, $47,027,000, of which $47,02770,873,000, of which $70,873,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Congressionally Designated Projects’ in the report tostatement of managers to accompany this Act, to remain available until expended.CommentsClose CommentsPermalink
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, $757,821,000, of which $61,406,000 shall be for 88,243,000, of which $120,054,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Congressionally Designated Projects’ in the report tostatement of managers to accompany this Act, as follows: to carry out the provisions of the Hatch Act of 1887 (
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $491,292,000, of which $7,898,000 shall be for the4,923,000, of which $11,831,000 shall be for the purposes, and in the amounts, specified in the table titled ‘Congressionally Designated Projects’ in the report tostatement 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
integrated activities
For the integrated research, education, and extension grants programs, including necessary administrative expenses, $56,86460,022,000, as follows: for competitive grants programs authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
buildings and facilities
For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service, $90,848,000:1,148,000: Provided, That this appropriation shall be available pursuant to law (
Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (
limitation on administrative expenses
Not to exceed $64,583,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
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 (
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 (
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $41,564,000:964,000: Provided, That this appropriation shall be available pursuant to law (
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food Safety, $813,000.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,603,777,000:Provided, 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.CommentsClose CommentsPermalink
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (
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 (
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 (
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed farm ownership (
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, $21,58432,070,000, of which $5,550,000 shall be for unsubsidized guaranteed loans, and $16,03426,520,000 shall be for direct loans; operating loans, $80,402,000, of which $26,91106,402,000, of which $35,100,000 shall be for unsubsidized guaranteed loans, $20,313,902,000 shall be for subsidized guaranteed loans, and $33,1847,400,000 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.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating, and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Risk Management Agency
For necessary expenses of the Risk Management Agency, $79,425,000:80,325,000: Provided, That the funds made available under section 522(e) of the Federal Crop Insurance Act (
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.CommentsClose CommentsPermalink
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance Act (
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 (
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 (
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.CommentsClose CommentsPermalink
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
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; $207,237,000:1,987,000: 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.CommentsClose CommentsPermalink
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: $13,226,501121,488,000 for loans to section 502 borrowers, of which $1,226,501121,488,000 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.CommentsClose CommentsPermalink
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, $217,322,000, of which $44,5223,510,000, 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 section 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
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $468,593,000, which shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’.CommentsClose CommentsPermalink
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 mayshall be available for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided further, That of this amount not less than $2,030,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, and not less than $3,400,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2010 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act.CommentsClose CommentsPermalink
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, $39,6543,191,000, to remain available until expended: Provided, That of the funds made available under this heading, $18,06,400,000 shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development (including the ability to pay administrative costs related to delivery of the voucher funds): Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration programs for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $1,791,000 shall be available for the cost of loans to private nonprofit organizations, or such nonprofit organizations’ affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects: Provided further, That loans under such demonstration program shall have an interest rate of not more than 1 percent direct loan to the recipient: Provided further, That the Secretary may defer the interest and principal payment to the Rural Housing Service for up to 3 years and the term of such loans shall not exceed 30 years: Provided further, That of the funds made available under this heading, $19,8625,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That the Secretary may use any unobligated funds appropriated for the rural housing voucher program in a prior fiscal year to support information technology activities of the Rural Housing Service to the extent the Secretary determines that additional funds are not needed for this fiscal year to provide vouchers described in this paragraph: 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 notification of the Committees on Appropriations of both Houses of Congressapproval 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.CommentsClose CommentsPermalink
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (
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
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized by
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 (
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 (
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 (
For the cost of direct loans, $8,464,000, as authorized by the Rural Development Loan Fund (
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’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $43,0004,463,000 shall not be obligated and $43,0004,463,000 are rescinded.CommentsClose CommentsPermalink
rural cooperative development grants
For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (
rural microenterprise investment program account
For the cost of loans and grants, $22,000,000 as authorized5,000,000 as authorized by section 379E of the Consolidated Farm and Rural Development Act (
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 (
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $568,730,000, to remain available until expended, of which not to exceed $497,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That $70,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally-recognized Native American Tribes authorized by 306C(a)(1), and the Department of Hawaiian Home Lands (of the State of Hawaii): Provided further, That such loans and grants shall not be subject to any matching requirements: Provided further, That not to exceed $19,0Provided 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 $5,66,000,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $14Provided 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 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 (
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 (
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’.CommentsClose CommentsPermalink
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans, $531,699400,000,000.CommentsClose CommentsPermalink
For grants for telemedicine and distance learning services in rural areas, as authorized by
For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $38,49528,960,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink
In addition, $13,407,976,000, 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
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.CommentsClose CommentsPermalink
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 (
special supplemental nutrition program for women, infants, and children (wic)
For necessary expenses to carry out the WIC Pspecial supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (
supplemental nutrition assistance program
For necessary expenses to carry out 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 (
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $147,801,000.CommentsClose CommentsPermalink
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 (
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 (
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 (
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 ‘Foreign Agricultural Service,arm Service Agency, Salaries and Expenses’.CommentsClose CommentsPermalink
mcgovern-dole international food for education and child nutrition program grants
For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (
TITLE VI
RELATED AGENCYIES 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
In addition, mammography user fees authorized by
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.CommentsClose CommentsPermalink
INDEPENDENT AGENCYIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity Exchange Act (
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
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.CommentsClose CommentsPermalink
Sec. 702. Section 10101 of division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, (
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 notificationapproval 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 notification of the Committees on Appropriations of bothapproval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without prior approval of the Committees on Appropriations of both Houses of Congress as required by section 712 of this Act: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits notification of the obligation to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:Provided, That this. 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.CommentsClose CommentsPermalink
Sec. 706. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 708. Hereafter, none of the funds appropriated by this Act or any otherNone of the funds appropriated by this Act may be used to carry out section 410 of the Federal Meat Inspection Act (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 unless prior notification has been transmitted to the Committees on Appropriations of bothwithout 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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes offices, programs, or activities; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) The Secretary of Agriculture or, 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 714. None of the funds made available by this or any other Act may be used to close or relocate a Rural Development office unless or until the Secretary of Agriculture determines the cost effectiveness and/or enhancement of program delivery: Provided, That not later than 120 days before the date of the proposed closure or relocation, the Secretary notifies the Committees on Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed closure or relocation and provides a report that describes the justifications for such closures and relocations.CommentsClose CommentsPermalink
Sec. 715. None of the funds made available to the Food and Drug Administration by this Act shall be used to close or relocate, or to plan to close or relocate, the Food and Drug Administration Division of Pharmaceutical Analysis in St. Louis, Missouri, outside the city or county limits of St. Louis, Missouri.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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 (
Sec. 720. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) An Environmental Quality Incentives Program as authorized by sections 1241-240H of the Food Security Act of 1985, as amended (
(2) a program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act (
(3) a program under subsection (b)(2)(A)(ii) of section 14222 of
Sec. 721. Hereafter, n2. 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.CommentsClose CommentsPermalink
Sec. 7223. There is hereby appropriated $2,600,000, to remain available until expended, for the planning and design of constructionconstruction, interim operations, and necessary demolition needs for establishment of an agricultural pest facility in the State of Hawaii.CommentsClose CommentsPermalink
Sec. 7234. 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 (
Sec. 724. The Rural Utilities Service, Rural Housing Service, and Rural Business and Cooperative Service shall permit an applicant to solicit and procure professional services and have prepared all environmental reviews, assessments, and impact statements:Provided, That such professional services will be funded by the applicants and selected by the agencies from procurement schedules of contractors determined qualified to perform said services: Provided further, That the Agencies shall establish the scope of work and procedures for such services as well as procedures to assure contractors have no financial or other conflicts of interest in the outcome of the action and the documentation meets the needs of the Agencies: Provided further, That nothing herein shall affect the responsibility of the Agencies to comply with the National Environmental Policy Act.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.CommentsClose CommentsPermalink
Sec. 726. Notwithstanding any other provision of law, and until receipt of the decennial Census for the year 2010, the Secretary of Agriculturecensus for the year 2010, the Secretary of Agriculture--CommentsClose CommentsPermalink
(1) shall consider--CommentsClose CommentsPermalink
(1) TA) the unincorporated communityarea of Los Osos, in the County of San Luis Obispo, California, to be a rural area for the purposes of 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;CommentsClose CommentsPermalink
and(2) The un(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 7267. There is hereby appropriated $3,000,000 for section 4404 of
Sec. 7278. Notwithstanding any other provision of law, there is hereby appropriated:CommentsClose CommentsPermalink
(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 (
and(2) $350,000 for a grant to the Wisconsin Department of Agriculture,(2) $350,000 for a grant to the Wisconsin Department of Agriculture, Trade and Consumer Protection;CommentsClose CommentsPermalink
(3) $1,000,000 shall be for development of a prototype for a national carbon inventory and accounting system for forestry and agriculture;CommentsClose CommentsPermalink
(4) $1,000,000 for the International Food Protection Training Institute; andCommentsClose CommentsPermalink
(5) $200,000 for the Center for Foodborne Illness Research and Prevention.CommentsClose CommentsPermalink
Sec. 7289. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance--(1) through the Watershed and Flood Prevention Operations program for theto carry out--CommentsClose CommentsPermalink
(1) the Alameda Creek Watershed Project in Alameda County, California;CommentsClose CommentsPermalink
(2) the Hurricane Katrina-Related Watershed Restoration project in Jackson County, Mississippi;CommentsClose CommentsPermalink
(3) the Pidcock-Mill Creeks Watershed project in Bucks County, Pennsylvania;CommentsClose CommentsPermalink
(4) the Farmington River Restoration project in Litchfield County, Connecticut;CommentsClose CommentsPermalink
(5) the Lake Oscawana Management and Restoration project in Putnam County, New York;CommentsClose CommentsPermalink
(6) the Richland Creek Reservoir in Paulding County, Georgia;CommentsClose CommentsPermalink
(7) the Pocasset River Floodplain Management Project in the State of Rhode Island;CommentsClose CommentsPermalink
(2) through the Watershed and Flood Prevention Operations program to carry out8) 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;CommentsClose CommentsPermalink
(3) through the Watershed and Flood Prevention Operations program to carry out9) the Little Otter Creek Watershed project in Missouri. The sponsoring local organization may obtain land rights by perpetual easements;CommentsClose CommentsPermalink
(4) through the Watershed and Flood Prevention Operations program to carry out10) the DuPage County Watershed project in the State of Illinois;CommentsClose CommentsPermalink
(5) through the Watershed and Flood Prevention Operations program to carry out11) the Dunloup Creek Watershed Project in Fayette and Raleigh Counties, West Virginia;CommentsClose CommentsPermalink
(6) through the Watershed and Flood Prevention Operations program to carry out12) the Dry Creek Watershed project in the State of California; andCommentsClose CommentsPermalink
(7) through the Watershed and Flood Prevention Operations program to carry out13) the Upper Clark Fork Watershed project in the State of Montana.CommentsClose CommentsPermalink
Sec. 72930. Section 17(r)(5) of the Richard B. Russell National School Lunch Act (
(1) by inserting ‘the District of Columbia and’ after the first instance of ‘institutions located in’;CommentsClose CommentsPermalink
(2) by striking ‘ten’ and inserting ‘eleven’;(2thirteen’;CommentsClose CommentsPermalink
(3) by striking ‘eight’ and inserting ‘nine’; and(3) by inserting ‘eleven’; andCommentsClose CommentsPermalink
(4) by inserting ‘Connecticut, Nevada, Wisconsin,’ after the first instance of ‘States shall be’.CommentsClose CommentsPermalink
Sec. 7301. 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.CommentsClose CommentsPermalink
Sec. 7312. 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.CommentsClose CommentsPermalink
Sec. 7323. 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.CommentsClose CommentsPermalink
Sec. 734. (a) Child Nutrition Programs- Section 9(b) of the Richard B. Russell National School Lunch Act (
‘(14) COMBAT PAY-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) is the result of deployment to or service in a combat zone; andCommentsClose CommentsPermalink
‘(ii) was not received immediately prior to serving in a combat zone.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Special Supplemental Nutrition Program for Women, Infants, and Children- Section 17(d)(2) of the Child Nutrition Act of 1966 (
(1) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) is the result of deployment to or service in a combat zone; andCommentsClose CommentsPermalink
‘(ii) was not received immediately prior to serving in a combat zone.’.CommentsClose CommentsPermalink
Sec. 733. (a) Section 531(g)(7)(F) of the Federal Crop Insurance Act ( (1) in the matter preceding clause (i), by inserting ‘(including multiyear assistance)’ after ‘assistance’; and (2) in clause (i), by inserting ‘or multiyear production losses’ after ‘a production loss’. (b) Section 901(g)(7)(F) of the Trade Act of 1974 ( (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. 734. 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.
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) provide to the Committees on Appropriations of the House and the Senate no later than Marchy 1, 2010, the following:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) estimates on cost-savings and programmatic efficiencies that would result from the use of longer-term commodity procurement contracts, the proportional distribution of commodity purchases throughout the fiscal year, longer-term shipping contracts, contracts which include shared-risk principles, and adoptions of other commercially acceptable contracting practices;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) provide the matter described under subsection (1) of this section in the form of a consensus report under the signatures of the Secretaries of Agriculture, State, and Transportation; andCommentsClose CommentsPermalink
(3) estimates and cost savings analysis for this section shall be derived from periods representative of normal program operations.CommentsClose CommentsPermalink
Sec. 737. There is hereby appropriated $7,000,000 to carry out section 4202 of Sec. 739. There is hereby appropriated $4,000,000 to carry out section 1613 of
Sec. 74139. 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.CommentsClose CommentsPermalink
Sec. 742. Applicants with very low, low, and moderate incomes shall be eligible for the program established in section 791 of Sec. 743. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of reconstituted infant formula specified in 7 C.F.R. 246.10 when issuing infant formula to participants. Such authorizations shall not otherwise impact the eligibility of manufacturers to remain eligible under the Special Supplemental Nutrition Program for Women, Infants and Children authorized by section 17 of the Child Nutrition Act of 1966. Sec. 744. None of the funds made available by this Act may be used to establish or implement a rule allowing poultry products to be imported into the United States from the People’s Republic of China unless the Secretary of Agriculture formally commits in advance to conduct audits of inspection systems, on-site reviews of slaughter and processing facilities, laboratories and other control operations before any Chinese facilities are certified as eligible to ship fully cooked poultry products to the United States, and at least once annually in subsequent years:Provided, That the Secretary commits in advance to implement a significantly increased level of port of entry re-inspection: Provided further, That the Secretary commits in advance to conduct information sharing with other countries importing poultry products from China that have conducted audits and plant inspections: Provided further, That this section shall be applied in a manner consistent with United States obligations under international trade agreements.
(b) The Commissioner of Food and Drugs mayshall 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 8 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 (
(c) The Commissioner of Food and Drugs shall--CommentsClose CommentsPermalink
(1) submit, not later than 1 year after the date of the establishment of review groups under subsections (a) and (b), a report to Congress that describes both the findings and recommendations made by the review groups under subsections (a) and (b);CommentsClose CommentsPermalink
(2) issue, not later than 180 days after submission of the report to Congress under paragraph (1), guidance based on such recommendations for articles for use in the prevention, diagnosis, and treatment of rare diseases and for such uses in neglected diseases of the developing world; andCommentsClose CommentsPermalink
(3) develop, not later than 180 days after submission of the report to Congress under paragraph (1), internal review standards based on such recommendations for articles for use in the prevention, diagnosis, and treatment of rare diseases and for such uses in neglected diseases of the developing world.CommentsClose CommentsPermalink
Sec. 746. Not later than 60 days after the date of enactment of this Act, the Administrator of the Foreign Agricultural Service shall submit to Congress a report that describes the status of the reorganization of the Foreign Agricultural Service and any future plans of the Administrator to modify office structures to meet existing, emerging, and new priorities1. There is hereby appropriated $2,600,000 to carry out section 1621 of
Sec. 747. 2. 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.CommentsClose CommentsPermalink
Sec. 743. (a) None of the funds made available by this Act may be used to pay the salaries and expenses of any employee of the Department of Agriculture to assess any agency any greenbook charge or to use any funds acquired through an assessment of greenbook charges made prior to the date of enactment of this Act.Sec. 748. The Commissioner of Food and Drugs, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall conduct a study and, not later than 240 days after the date of enactment of this Act, submit a report to Congress on the technical challenges associated with inspectingromulgate or implement a poultry products inspection rule allowing processed poultry or processed poultry products to be imported seafood. The study and report shall--(1) provide information oninto the United States from the status of seafood importation, including-- (A) the volume of seafood imported into the United States annually, by product and country of origin;
(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;CommentsClose CommentsPermalink
(2) conduct audits of inspection systems and on-site reviews of slaughter and processing facilities, laboratories and other control operations before any Chinese facilities are certified as eligible to ship poultry or poultry products to the United States and, in subsequent years, to conduct such audits and reviews at least once annually or more frequently as the Secretary determines necessary;CommentsClose CommentsPermalink
(3) implement a significantly increased level of port of entry re-inspection;CommentsClose CommentsPermalink
(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 annually, by product and country of origin; and (C) a listing of the United States ports of entry for seafood imports by volume; (2) provide information on imported seafood products, by product and country of origin, that do not meet standards as set forth in the applicable food importation law, including the reason for which each such product does not meet such standards;
(5) report to the House and Senate Committees on Appropriations within 120 days of the date of enactment of this Act, and every 180 days thereafter for an indefinite period, with respect to the promulgation or implementation of any poultry products inspection rule authorizing the People’s Republic of China to export poultry or poultry products to the United States, including--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) actions taken or to be taken by the Secretary, including new audits and on-site reviews, to determine whether the poultry inspection system of the People’s Republic of China achieves a level of sanitary protection equivalent to that achieved under United States standards;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(D) the level of port of entry re-inspections to be conducted on processed poultry and processed poultry products offered for importation law; (4) identify the aquaculture and mariculture practices that are of greatest concern to human health; 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 policies and procedures to protect consumers in the United States.Sec. 749. (a) In General- Notsystem of the People’s Republic of China;CommentsClose CommentsPermalink
(6) make publicly available, no later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States, shall report to the Committees on Appropriations of the House of Representatives and of the Senate on developing the tourism potential of rural communities30 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; andCommentsClose CommentsPermalink
(7) make publicly available a list of facilities in the People’s Republic of China certified to export poultry or poultry products to the United States and to notify the House and Senate Committees on Appropriations if the number of facilities certified by the People’s Republic of China exceeds ten.CommentsClose CommentsPermalink
(b) Content of the Report- The report required by subsection (a) shallNone 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.CommentsClose CommentsPermalink
(c) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.CommentsClose CommentsPermalink
Sec. 744. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to--CommentsClose CommentsPermalink
(1) identify existing Federal programs that provide assistance to rural small businesses in developing tourism marketing and promotion plans relating to tourism in rural areas; (2) identify existing Federal programs that assist rural small business concerns in obtaining capital for starting or expanding businesses primarily serving tourists; and
(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (
(3) implement or enforce section 352.19 of title 9, Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 750. 45. (a) Section 531(g)(7)(F) of the Federal Crop Insurance Act (
(1) in the matter preceding clause (i), by inserting ‘(including multiyear assistance)’ after ‘assistance’; andCommentsClose CommentsPermalink
(2) in clause (i), by inserting ‘or multiyear production losses’ after ‘a production loss’.CommentsClose CommentsPermalink
(b) Section 901(g)(7)(F) of the Trade Act of 1974 (
(1) in the matter preceding clause (i), by inserting ‘(including multiyear assistance)’ after ‘assistance’; andCommentsClose CommentsPermalink
(2) in clause (i), by inserting ‘or multiyear production losses’ after ‘a production loss’.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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 (
(e) Release of Information- Notwithstanding any other provision of law and until the receipt of the decennial census in the year 2010, the Secretary of Agriculture may fund community facility and water and waste disposal projects of communities and municipal districts and areas in Connecticut, Massachusetts, and Rhode Island that filed applications for the projects with the appropriate rural development field office of the Department of Agriculture prior toauthorize State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School Lunch Act (
(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 (
(g) Funding- The Secretary of Agriculture shall use funds made available under the Food and Nutrition Act of 2008 (
(h) Availability of Commodities- During fiscal year 2010, the Secretary of Agriculture may utilize funds appropriated under section 32 of the Act of August 1, 2009, and were determined by the field office to be eligible for funding. Sec. 751. (a) The Senate finds that--
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘eligible child’ means a child (as defined in section 12(d) of the Richard B. Russell National School Lunch Act (
(2) The term ‘pandemic emergency designation’ means the declaration--CommentsClose CommentsPermalink
(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 (
(B) of a domestic milk production has thrown theemergency, based on pandemic influenza, by the Secretary of Homeland Security.CommentsClose CommentsPermalink
(3) The term ‘school’ has the meaning given the term in section 12(d) of the Richard B. Russell National School Lunch Act (
Sec. 747. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111-181) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition.CommentsClose CommentsPermalink
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
(b)(1) Regulations- The Secretary of Agriculture may promulgate such regulations as are necessary to implement this section.CommentsClose CommentsPermalink
(2) Procedure- The promulgation of the implementing regulations and the administration of this section shall be made without regard to--CommentsClose CommentsPermalink
(A) the notice and comment provisions of
(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; andCommentsClose CommentsPermalink
(C) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’).CommentsClose CommentsPermalink
(3) Congressional Review of Agency Rulemaking- In carrying out this section, the Secretary of Agriculture shall use the authority provided under
Sec. 749. (a) Section 6(e)(1)(B) of the Richard B. Russell National School Lunch Act (
(b) Section 9(f)(5) of the Richard B. Russell National School Lunch Act (
(4) approximately $3,900,000,000 in dairy producer equity has been lost since January;
(c)(1) Section 9(h)(3) of the Richard B. Russell National School Lunch Act (
(6) the Food, Conservation, and Energy Act of 2008 extended the counter-cyclical Milk Income Loss Contract (MILC) support program and instituted a ‘feed cost adjuster’ to augment that support; (7) the Secretary of Agriculture in March transferred approximately 200,000,000 pounds of nonfat dry milk to USDA’s Food and Nutrition Service in a move designed to remove inventory from the market and support low-income families;
(2) Section 9(h)(4) of the Richard B. Russell National School Lunch Act (
(9) the Secretary announced on July 31, 2009 a temporary increase in the amount paid for dairy products through the Dairy Product Price Support Program (DPPSP), an adjustment that is projected to increase dairy farmers’ revenue by $243,000,000; and
(d) Section 18(h)(5) of the Richard B. Russell National School Lunch Act (
(e) Section 21(g)(1)(A)(ii) of the Richard B. Russell National School Lunch Act (
(f) Section 26(d) of the Richard B. Russell National School Lunch Act (
(g)(1) From the funds made available under paragraph (5), the Secretary shall carry out demonstration projects to develop and test methods of providing access to food for children in urban and rural areas during the summer months when schools are not in regular session to--CommentsClose CommentsPermalink
(A) reduce or eliminate the food insecurity and hunger of children; andCommentsClose CommentsPermalink
(B) improve the nutritional status of children.CommentsClose CommentsPermalink
(2) For purposes of this subsection, the term health and sustainability. Sec. 752. (a) The Commissioner of Food and Drugs, in consultation with the Secretary of Agriculture, may conduct a study on the labeling of personal care products regulated by the Food and Drug Administration for which organic content claims are made. Any such study shall include-- (1) a survey of personal care products for which the word ‘organic’ appears on the label; and (2) a determination, based on statistical sampling of the products identified under paragraph (1), of the accuracy of such claims. (b) If the Commissioner of Food and Drugs conducts a study described in subsection (a), such Commissioner shall--
(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--CommentsClose CommentsPermalink
(i) random assignment of children or schools, where practicable; orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(B)(i) Not later than 270 days after the date of enactment of this Act, submit to the Committees on Agriculture, 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, Appropriations, and Health, Education, Labor, and Pensions in the Senate and the Committees on Agriculture, Appropriations, and Energy and Commerce in of the Senate a report that includes--CommentsClose CommentsPermalink
(I) the status of each demonstration project carried out under this subsection; andCommentsClose CommentsPermalink
(II) the results of the evaluations conducted under subparagraph (A) for the previous fiscal year.CommentsClose CommentsPermalink
(ii) Not later than 120 days after the completion of the last evaluation conducted under subparagraph (A), the Secretary shall submit to the Committee on Education and Labor of the House of Representatives a report on the findings of the study under subsection (a); and (2) provide such Committees with any recommendations on the need to establish labeling standards for personal care products for which organic content claims are made, including whether the Food and Drug Administration should have pre-market approval authority for personal care product labeling. Sec. 753. (a) The Senate finds that-- (1) agriculture is a national security concern; (2) the United States suffers from periodic disasters which affects the food and fiber supply of the United States;
(4) The Secretary may use funds made available under paragraph (5) to pay--CommentsClose CommentsPermalink
(A) participant benefits;CommentsClose CommentsPermalink
(B) the added administrative expenses incurred by participating organizations as a result of participating in a project under this subsection;CommentsClose CommentsPermalink
(C) costs associated with outreach to potential participants and potential sponsoring organizations; andCommentsClose CommentsPermalink
(D) costs associated with soliciting, administering, monitoring, and evaluating each demonstration project carried out under this subsection.CommentsClose CommentsPermalink
(5)(A) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $85,000,000, to remain available until expended.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(h)(1)(A) From the funds made available under subparagraph (C), the Secretary shall provide assistance through grants to State agencies administering the National School Lunch Program under the Richard B. Russell National School Lunch Act (
(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--CommentsClose CommentsPermalink
(i) making technology improvements;CommentsClose CommentsPermalink
(ii) providing technical assistance to local educational agencies;CommentsClose CommentsPermalink
(iii) implementing a new or revised direct certification system in such State and in the local educational agencies of such State; andCommentsClose CommentsPermalink
(iv) using multiple public means tested benefits programs for the purpose of direct certification.CommentsClose CommentsPermalink
(C)(i) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $22,000,000, to remain available until expended.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B)(i) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $3,000,000, to remain available until expended.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(i)(1) From the funds made available under paragraph (4), in carrying out the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( (4) as of the date of enactment of this Act, of those 5 disaster programs-- (A) none are available, finalized, and implemented to deliver urgently needed assistance for 2009 producer losses; and (B) only 1 is being implemented for 2008 losses;
(A) the highest level of severity; and(6) the Secretary of Agriculture has previously authorized various forms of disaster assistance byproportion of breastfed infants, as compared to other State agencies participating in the program; orCommentsClose CommentsPermalink
(B) the greatest improvement in proportion of breastfed infants, as compared to other State agencies participating in the program.CommentsClose CommentsPermalink
(2) In providing funding under section 32 of the Act of August 24, 1935 (7performance bonus payments to State agencies under this subsection, the Secretary shall consider a State agency’s proportion of participating fully breastfed infants.CommentsClose CommentsPermalink
(3) A State agency that receives a performance bonus under paragraph (1)--CommentsClose CommentsPermalink
(A) shall treat the funds as program income; andCommentsClose CommentsPermalink
(B) may transfer the funds to local agencies for use in carrying out the program.CommentsClose CommentsPermalink
(4)(A) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $5,000,000.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(j)(1) From the funds made available under paragraph (5), the Secretary shall make payments to State educational agencies to award grants to eligible school food authorities for the purchase of equipment for schools under the jurisdiction of such authorities.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(3)(A) Not later than 180 days after receiving an allocation under this subsection, a State educational agency shall award grants, on a competitive basis, to eligible school food authorities.CommentsClose CommentsPermalink
(B) For the purposes of this subsection, the term ‘eligible school food authority’ means a school food authority--CommentsClose CommentsPermalink
(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.); andCommentsClose CommentsPermalink
(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 droughts. Sec. 754. (a) The Senate finds that-- (1) with livestock producers facing losses from harsh weather in 2008 and continuing to face disasters in 2009, Congress wanted to assist livestock producers in recovering losses more quickly and efficiently than previous ad hoc disaster assistance programs;
(C) To qualify to receive a grant under this subsection, an eligible school food authority shall--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(D) In awarding grants to eligible school food authorities, a State shall give priority to each eligible school food authority whose application demonstrates that in providing equipment assistance to schools with funds received under this subsection, it will give priority to schools where not less than 50 percent of the enrolled students are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (
(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--CommentsClose CommentsPermalink
(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 (
(ii) to improve the safety of food served in the school meal programs established under the Richard B. Russell National School Lunch Act (
(iii) to improve the overall energy efficiency of school foodservice operations; orCommentsClose CommentsPermalink
(iv) for other purposes as established by the Secretary.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5)(A) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $25,000,000, to remain available until expended.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(k)(1) The purpose of this subsection is to provide grants, on a competitive basis, to State agencies administering the child and adult beef animals into weight ranges of ‘less than 400 pounds’ and ‘400 pounds and more’; and (4) the ‘400 pounds and more’ range would fall well short of covering 75 percent market value payment for livestock in these higher ranges that are close to market weight. (b) It is the sense of the Senate that the Secretary of Agriculture-- (1) should strive to establish a methodology to calculate more specific payments to offset the cost of loss for each animal as was intended by Congress for calendar years 2008 through 2011; and
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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)).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) a plan to improve the quality of food provided in--CommentsClose CommentsPermalink
(i) child care centers; andCommentsClose CommentsPermalink
(ii) family or group day care homes; andCommentsClose CommentsPermalink
(B) a description of--CommentsClose CommentsPermalink
(i) the procedures by which the State agency will use the grant received under this subsection to award subgrants to institutions; andCommentsClose CommentsPermalink
(ii) the criteria that the State agency will use in awarding such subgrants.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) promote nutrition and physical activity in child care settings and that reflect the recommendations of--CommentsClose CommentsPermalink
(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 (
(ii) the most recent scientific knowledge;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) perform outreach campaigns on the State or local level that are designed to increase access to the program in underserved areas and populations; andCommentsClose CommentsPermalink
(D) make innovative use of technology to provide training and education to promote the nutrition, physical activity, and health of children.CommentsClose CommentsPermalink
(8)(A) On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $8,000,000, to remain available until expended.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(l) For purposes of this section, the term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
This Act may be cited as the ‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010’.CommentsClose CommentsPermalink
Attest: Secretary. 111th CONGRESS 1st Session H.R. 2997 AMENDMENT
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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