b81bbd30d769bd09ed2cbae4f5601067a7920129f2e2049d029ae5f113517248

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.

ac1de81abf6f81ab9478c56ff8c2f984ff8870ee3ad35c9a22cab3db00654174

Security, Disaster Assistance, and Continuing Appropriations Act, 2009,
(Public Law 110-329) is amended in subsection (b) by inserting at the
end the following: ``In carrying out this section, the Secretary may
transfer funds into existing or new accounts as determined by the
Secretary.''.

c5f4fac092d088f8c8bad7500d92a2e609a119a1103e6b23fb100f506a7f1b2e

balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant
and capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture: Provided, That none
of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to make any changes to the Department's
National Finance Center without prior approval of the Committees on
Appropriations of both Houses of Congress as required by section 712 of
this Act: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture allocated for the
National Finance Center, the Secretary may reserve not more than 4
percent for the replacement or acquisition of capital equipment,
including equipment for the improvement and implementation of a
financial management plan, information technology, and other systems of
the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of the
amounts reserved shall be available for obligation unless the Secretary
submits notification of the obligation to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That the limitation on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.

8b4e15a4d920b2524469d538e07fd5ca62f0e1a2bf64361efab07cc09dfe293b

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.

0b8ec679b09bfcafaca43dd47fcef8e718a81a27953ce6a3f01cdc2467f699d7

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.

54bb13d27d69af8898ba5833ce152994c1e019c1ef3750ace5cfe781170c5acc

$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.

3d1c2567151c1cc86be4ef69b9facced7fc3430d3230bdb3cd21e9a9930fd3fe

to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).

e79ca4ae87c1eac613d377df85e3a0aa2bf149f35c24e43e0d758ba96505d09a

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.

8f70813884334eecebd92444de3ae9b022b8aa0092fd40d3f449a62b6e0ee31a

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.

7fd9bce886423a2beb5b6c829a146c328ac236806f31201040e5aef01d8813c7

Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects over $25,000
prior to receipt of written approval by the Chief Information Officer.

50678ee69dab251a68479e6ccd699139cbfeb98e095e53488032f9a1a7642354

by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees on
Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of
Congress before implementing a program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.

15dff48f78419ed14dc3243984937491435ab27aed9bd3ad4d9002b85573a216

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.

4c78da1ca6936c95e26ef1d42d94bc4e6bec5396a3918527d33c7ad7ff45e39b

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.

60371f2a6ae90823329579991707069e25362b077161af6cea2330321a8f743f

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.

57ea50b65ed5352858fd9ca44c454196b17dd52d066afa5cfa2e41da7f2feb89

Rural Development program purpose, in communities suffering from
extreme outmigration and situated in areas that were designated as part
of an Empowerment Zone pursuant to section 111 of the Community Renewal
Tax Relief Act of 2000 (as contained in appendix G of Public Law 106-
554).

e1df7fdbc00bb28bcacb3a529eb1a52ec34de803167b22499894e696387c5314

preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.

0c606906331476f3f97b87c7ea2855b1d64ced81071d90df16034726b3ac5049

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.

b47403fc0fe5b1e80be40037ed86bd897e8913ba4dc430228a7e251504dcdefc

1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year.

363799346e56e69931a6a18f6bfae869c31af32d4deed2a4e25f9a1833e05b9d

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.

8c1a98bbca676bbdfe77d2481699731f1a72feed72d18b8765dac6a083b037f1

available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) An Environmental Quality Incentives Program as authorized
by sections 1241-240H of the Food Security Act of 1985, as amended
(16 U.S.C. 3839aa-3839aa(8)), in excess of $1,180,000,000;
(2) a program authorized by section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)); and
(3) a program under subsection (b)(2)(A)(ii) of section 14222
of Public Law 110-246 in excess of $1,123,000,000: Provided, That
none of the funds made available in this Act or any other Act shall
be used for salaries and expenses to carry out section 19(i)(1)(C)
of the Richard B. Russell National School Lunch Act as amended by
section 4304 of Public Law 110-246 in excess of $25,000,000,
including the transfer of funds under subsection (c) of section
14222 of Public Law 110-246, until October 1, 2010: Provided
further, That $76,000,000 made available on October 1, 2010, to
carry out section 19(i)(1)(C) of the Richard B. Russell National
School Lunch Act as amended by section 4304 of Public Law 110-246
shall be excluded from the limitation described in subsection
(b)(2)(A)(iii) of section 14222 of Public Law 110-246: Provided
further, That all unobligated balances under section 32 of the Act
of August 24, 1935, available as of September 30, 2009, are hereby
rescinded.

579c2acc9f29fb3c984df66c1ed9d774cdebc88c534ceebdad52b2daa472263a

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.

548b51ef619ef5345357ba11210bf33c6ef5dcce2145b01fc41f55dec82e2731

available until expended, for the construction, interim operations, and
necessary demolition needs for establishment of an agricultural pest
facility in the State of Hawaii.

d8d435e866b257b3e024396b4594c9736fbe2e33f5a8425b415022acff1525a5

of Agriculture to award grant(s) to develop and field test new food
products designed to improve the nutritional delivery of humanitarian
food assistance provided through the McGovern-Dole (section 3107 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1)) and
the Food for Peace title II (7 U.S.C. 1691 et seq.) programs: Provided,
That the Secretary shall use the authorities provided under the
Research, Education, and Economics mission area of the Department in
awarding such grant(s), with priority given to proposals that
demonstrate partnering with and in-kind support from the private
sector.

4f615a632ac4c2dad1e1d43d37fb55f1833a1c849ff02c00fe21ff50944560dd

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.

a3d94a5b0d05ac1848db0ccd74596bf807e81617f2912936e92523ac0a91b5e6

receipt of the decennial census for the year 2010, the Secretary of
Agriculture--
(1) shall consider--
(A) the unincorporated area of Los Osos, California, the
city of Imperial, California, and the Harrisville Fire
District, Rhode Island, to be rural areas for the purposes of
eligibility for Rural Utilities Service water and waste
disposal loans and grants;
(B) the incorporated community of Thermalito in Butte
County, California, (including individuals and entities with
projects within the community) eligible for loans and grants
funded under the housing programs of the Rural Housing Service;
(C) the city of Lumberton, North Carolina, and the city of
Sanford, North Carolina (including individuals and entities
with projects within the city) eligible for loans and grants
funded through the Rural Community Facilities Program Account;
and
(D) the city of Nogales, Arizona (including individuals and
entities with projects within the city) eligible for loans and
grants funded through the housing programs of the Rural Housing
Service; and
(2) may fund Rural Community Facility Program projects of the
Rural Housing Service and Water and Waste Disposal Program projects
of the Rural Utilities Service for communities and municipal
districts and areas in Connecticut, Massachusetts, and Rhode Island
that filed applications for such projects with the appropriate
Rural Development field office of the Department of Agriculture
prior to August 1, 2009, and that such projects were determined by
the field office to be eligible for funding.

31e43ad25fba781251d148d0148dba0d3f8e5ff11ddd057d3f911080a77403bb

1d19d65907e451632ed59153a1d1a5fc88f7d7e910bae4983514bb1c61657e5f

hereby appropriated:
(1) $3,000,000 of which $2,000,000 shall be for a grant to the
Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $1,000,000 shall be for a grant to the Vermont
Agency of Agriculture, Foods, and Markets, as authorized by section
6402 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1621 note);
(2) $350,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection;
(3) $1,000,000 shall be for development of a prototype for a
national carbon inventory and accounting system for forestry and
agriculture;
(4) $1,000,000 for the International Food Protection Training
Institute; and
(5) $200,000 for the Center for Foodborne Illness Research and
Prevention.

3c360456f97a9c76f3e61d112ce26b3770a597408fd582458d213eb76c0a976a

Resources Conservation Service shall provide financial and technical
assistance through the Watershed and Flood Prevention Operations
program to carry out--
(1) the Alameda Creek Watershed Project in Alameda County,
California;
(2) the Hurricane Katrina-Related Watershed Restoration project
in Jackson County, Mississippi;
(3) the Pidcock-Mill Creeks Watershed project in Bucks County,
Pennsylvania;
(4) the Farmington River Restoration project in Litchfield
County, Connecticut;
(5) the Lake Oscawana Management and Restoration project in
Putnam County, New York;
(6) the Richland Creek Reservoir in Paulding County, Georgia;
(7) the Pocasset River Floodplain Management Project in the
State of Rhode Island;
(8) the East Locust Creek Watershed Plan Revision in Missouri,
including up to 100 percent of the engineering assistance and 75
percent cost share for construction cost of site RW1;
(9) the Little Otter Creek Watershed project in Missouri. The
sponsoring local organization may obtain land rights by perpetual
easements;
(10) the DuPage County Watershed project in the State of
Illinois;
(11) the Dunloup Creek Watershed Project in Fayette and Raleigh
Counties, West Virginia;
(12) the Dry Creek Watershed project in the State of
California; and
(13) the Upper Clark Fork Watershed project in the State of
Montana.

2fe01bdf887ba1639cc13a7804108b79f38e99d84fda479b438e50f5105ebc9c

School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by inserting ``the District of Columbia and'' after the
first instance of ``institutions located in'';
(2) by striking ``ten'' and inserting ``thirteen'';
(3) by striking ``eight'' and inserting ``eleven''; and
(4) by inserting ``Connecticut, Nevada, Wisconsin,'' after the
first instance of ``States shall be''.

680aac6e4cc24a89a4760d329226e0d5cfd4301f284703e07ac0a3f386f582c1

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.

b54f0ca5f07eb246e4c455225d8bc9e5c032f69269a9785e77549046a36bc519

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.

5357cd7959fc0e586ea3de2779265d9f7b157c7e21589d4a7f3b5380348e72e7

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.

9b457da965f22f0c0ff16d474fec962fc7649e25479fae1a2a345ca39c5a6977

Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is
amended by adding at the end the following:
``(14) Combat pay.--
``(A) Definition of combat pay.--In this paragraph, the
term `combat pay' means any additional payment under chapter 5
of title 37, United States Code, or otherwise designated by the
Secretary to be appropriate for exclusion under this paragraph,
that is received by or from a member of the United States Armed
Forces deployed to a designated combat zone, if the additional
pay--
``(i) is the result of deployment to or service in a
combat zone; and
``(ii) was not received immediately prior to serving in
a combat zone.
``(B) Exclusion.--Combat pay shall not be considered to be
income for the purpose of determining the eligibility for free
or reduced price meals of a child who is a member of the
household of a member of the United States Armed Forces.''.
(b) Special Supplemental Nutrition Program for Women, Infants, and
Children.--Section 17(d)(2) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
``(C) Combat pay.--For the purpose of determining income
eligibility under this section, a State agency shall exclude
from income any additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by the Secretary to
be appropriate for exclusion under this subparagraph, that is
received by or from a member of the United States Armed Forces
deployed to a designated combat zone, if the additional pay--
``(i) is the result of deployment to or service in a
combat zone; and
``(ii) was not received immediately prior to serving in
a combat zone.''.

5dc7c85bfc110e44702db16facae089d18237753e4e65e7b31ea0ab45e933cbb

program for the purpose of obtaining and adding to an anhydrous ammonia
fertilizer nurse tank a substance to reduce the amount of
methamphetamine that can be produced from any anhydrous ammonia removed
from the nurse tank as authorized by section 14203 of the Food,
Conservation, and Energy Act of 2008 (21 U.S.C. 864a).

f5cd0c73cd8ac4949c388ab3c8cc8150fe2129d8793812429a40ce79966c9ab8

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.

28cd09e38f0013daa3ef54e5f9b5b402e61ea9700a1480d826c78b1dd9daa619

international food assistance programs under the jurisdiction of this
Act, including title II of the Food for Peace Act and the McGovern-Dole
International Food for Education Program, shall--
(1) provide to the Committees on Appropriations of the House
and the Senate no later than May 1, 2010, the following:
(A) estimates on cost-savings and programmatic efficiencies
that would result from increased use of pre-positioning of food
aid commodities and processes to ensure such cargoes are
appropriately maintained to prevent spoilage;
(B) estimates on cost-savings and programmatic efficiencies
that would result from the use of longer-term commodity
procurement contracts, the proportional distribution of
commodity purchases throughout the fiscal year, longer-term
shipping contracts, contracts which include shared-risk
principles, and adoptions of other commercially acceptable
contracting practices;
(C) estimates on costs of domestic procurement of
commodities, domestic inland transportation of food aid
commodities, domestic storage (including loading and
unloading), foreign storage (including loading and unloading),
foreign inland transportation, and ocean freight (including
ocean freight as adjusted by the ocean freight differential
reimbursement provided by the Secretary of Transportation), and
costs relating to allocation and distribution of commodities in
recipient countries;
(D) information on the frequency of delays in transporting
food aid commodities, the cause or purpose of any delays
(including how those delays are tracked, monitored and
resolved), missed schedules by carriers and non-carriers (and
resulting program costs due to such delays, including impacts
to program beneficiaries);
(E) information on the methodologies to improve interagency
coordination between host governments, the World Food Program,
and non-governmental organization to develop more consistent
estimates of food aid needs and the number of intended
recipients to appropriately inform the purchases of commodities
and in order to appropriately plan for commodity procurement
for food aid programs;
(2) provide the matter described under subsection (1) of this
section in the form of a consensus report under the signatures of
the Secretaries of Agriculture, State, and Transportation; and
(3) estimates and cost savings analysis for this section shall
be derived from periods representative of normal program
operations.

63119c7df83632e98597edf9c5a97b2234c68255f9afd51f7d1e7ddbc43ed1e0

available until expended, for a grant to the Kansas Farm Bureau
Foundation for work-force development initiatives to address out-
migration in rural areas.

0b9177a9b0c95fedb3ab37b2eb5d214e6a947df9089d21651dc8464bde9f6f49

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.

47b9c02c08649c00fe3ba818cc024facab4552bb37eefa03cb19b6169ba99d5a

within the Food and Drug Administration a review group which shall
recommend to the Commissioner of Food and Drugs appropriate
preclinical, trial design, and regulatory paradigms and optimal
solutions for the prevention, diagnosis, and treatment of rare
diseases: Provided, That the Commissioner of Food and Drugs shall
appoint individuals employed by the Food and Drug Administration to
serve on the review group: Provided further, That members of the review
group shall have specific expertise relating to the development of
articles for use in the prevention, diagnosis, or treatment of rare
diseases, including specific expertise in developing or carrying out
clinical trials.
(b) The Commissioner of Food and Drugs shall establish within the
Food and Drug Administration a review group which shall recommend to
the Commissioner of Food and Drugs appropriate preclinical, trial
design, and regulatory paradigms and optimal solutions for the
prevention, diagnosis, and treatment of neglected diseases of the
developing world: Provided, That the Commissioner of Food and Drugs
shall appoint individuals employed by the Food and Drug Administration
to serve on the review group: Provided further, That members of the
review group shall have specific expertise relating to the development
of articles for use in the prevention, diagnosis, or treatment of
neglected diseases of the developing world, including specific
expertise in developing or carrying out clinical trials: Provided
further, That for the purposes of this section the term ``neglected
disease of the developing world'' means a tropical disease, as defined
in section 524(a)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360n(a)(3)).
(c) The Commissioner of Food and Drugs shall--
(1) submit, not later than 1 year after the date of the
establishment of review groups under subsections (a) and (b), a
report to Congress that describes both the findings and
recommendations made by the review groups under subsections (a) and
(b);
(2) issue, not later than 180 days after submission of the
report to Congress under paragraph (1), guidance based on such
recommendations for articles for use in the prevention, diagnosis,
and treatment of rare diseases and for such uses in neglected
diseases of the developing world; and
(3) develop, not later than 180 days after submission of the
report to Congress under paragraph (1), internal review standards
based on such recommendations for articles for use in the
prevention, diagnosis, and treatment of rare diseases and for such
uses in neglected diseases of the developing world.

d67d6dacf0a5a3040d73321ea8e4ebd57c00bd3db6696654b1131c7fd03d2fb7

section 1621 of Public Law 110-246 and $3,000,000 to carry out section
1613 of Public Law 110-246.

31e4aabb61a1154b99f606906325a5ebd8db5442038a169786ce11f70ae7833b

16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 is
hereby rescinded.

ea287d686c1395a781d5101e95f6b5f8f5bf91e63a9b788fb364a51c62dc74ed

used to promulgate or implement a poultry products inspection rule
allowing processed poultry or processed poultry products to be imported
into the United States from the People's Republic of China unless the
Secretary of Agriculture formally notifies Congress that the Department
will--
(1) not provide any preferential consideration to any
application by the People's Republic of China for authorization to
export poultry or poultry products to the United States;
(2) conduct audits of inspection systems and on-site reviews of
slaughter and processing facilities, laboratories and other control
operations before any Chinese facilities are certified as eligible
to ship poultry or poultry products to the United States and, in
subsequent years, to conduct such audits and reviews at least once
annually or more frequently as the Secretary determines necessary;
(3) implement a significantly increased level of port of entry
re-inspection;
(4) establish and conduct a formal and expeditious information
sharing program with other countries importing processed poultry or
processed poultry products from China that have conducted audits
and plant inspections;
(5) report to the House and Senate Committees on Appropriations
within 120 days of the date of enactment of this Act, and every 180
days thereafter for an indefinite period, with respect to the
promulgation or implementation of any poultry products inspection
rule authorizing the People's Republic of China to export poultry
or poultry products to the United States, including--
(A) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to implement any
poultry products inspection rule authorizing the People's
Republic of China to export processed poultry or processed
poultry products to the United States;
(B) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to determine whether
the poultry inspection system of the People's Republic of China
achieves a level of sanitary protection equivalent to that
achieved under United States standards;
(C) actions taken or to be taken by the Secretary to
determine whether the administration and enforcement of the
poultry and poultry products inspection system of the People's
Republic of China ensures that it achieves a level of sanitary
protection equivalent to that achieved under United States
standards;
(D) the level of port of entry re-inspections to be
conducted on processed poultry and processed poultry products
offered for importation into the United States from the
People's Republic of China; and
(E) a work plan incorporating any understandings or
agreements between FSIS and relevant authorities of the
People's Republic of China with respect to carrying out the
Secretary's assessment of the equivalency of the poultry
products inspection system of the People's Republic of China;
(6) make publicly available, no later than 30 days from the
date they are finalized, the reports of any new audits and on-site
reviews conducted by the Secretary, and, in addition, when such
audit or review is being conducted to determine whether the
People's Republic of China's poultry inspection system achieves a
level of sanitary protection equivalent to that achieved under
United States standards, to make the final report of such audit or
review publicly available no later than 30 days prior to the
publication of any notice of proposed rulemaking for such
determination; and
(7) make publicly available a list of facilities in the
People's Republic of China certified to export poultry or poultry
products to the United States and to notify the House and Senate
Committees on Appropriations if the number of facilities certified
by the People's Republic of China exceeds ten.
(b) None of the funds made available by this Act may be used to
promulgate any proposed or final rule allowing the importation into the
United States of poultry slaughtered or poultry products produced from
poultry slaughtered in the People's Republic of China unless such rule
is promulgated in accordance with the procedures for significant rules
specified in Executive Order 12866.
(c) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.

0fcd42e4214411040ad03e069125c4914ced90a8b89e9dbefbf3443f93848cae

to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law
104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.

fe70d1807317aa123b7a2d9bd64f5af28d926bdd58568c69cebc726604977aa1

Act (7 U.S.C. 1531(g)(7)(F)) is amended--
(1) in the matter preceding clause (i), by inserting
``(including multiyear assistance)'' after ``assistance''; and
(2) in clause (i), by inserting ``or multiyear production
losses'' after ``a production loss''.
(b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 U.S.C.
2497(g)(7)(F)) is amended--
(1) in the matter preceding clause (i), by inserting
``(including multiyear assistance)'' after ``assistance''; and
(2) in clause (i), by inserting ``or multiyear production
losses'' after ``a production loss''.

05e344354caa3f4af4d7d0524f86a44d7a0e17573101c86e5dbe06a506144a3e

Emergency.--During fiscal year 2010, in any case in which a school is
closed for at least 5 consecutive days during a pandemic emergency
designation, each household containing at least 1 member who is an
eligible child attending the school shall be eligible to receive
assistance pursuant to a State agency plan approved under subsection
(b).
(b) Assistance.--To carry out this section, the Secretary of
Agriculture may approve State agency plans for temporary emergency
standards of eligibility and levels of benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with
eligible children. Plans approved by the Secretary may provide for
supplemental allotments to households receiving benefits under such
Act, and issuances to households not already receiving benefits. Such
level of benefits shall be determined by the Secretary in an amount not
less than the value of meals at the free rate over the course of 5
school days for each eligible child in the household.
(c) Minimum Closure Requirement.--The Secretary of Agriculture
shall not provide assistance under this section in the case of a school
that is closed for less than 5 consecutive days.
(d) Use of EBT System.--A State agency may provide assistance under
this section through the EBT card system established under section 7 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016).
(e) Release of Information.--Notwithstanding any other provision of
law, the Secretary of Agriculture may authorize State educational
agencies and school food authorities administering a school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) to release to appropriate officials administering
the supplemental nutrition assistance program such information as may
be necessary to carry out this section.
(f) Waivers.--To facilitate implementation of this section, the
Secretary of Agriculture may approve waivers of the limits on
certification periods otherwise applicable under section 3(f) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting
requirements otherwise applicable under section 5(f) of such Act (7
U.S.C. 2014(f)), and other administrative requirements otherwise
applicable to State agencies under such Act.
(g) Funding.--The Secretary of Agriculture shall use funds made
available under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) to fund, with the exception of the commodities described in
subsection (h), benefits provided under this section.
(h) Availability of Commodities.--During fiscal year 2010, the
Secretary of Agriculture may utilize funds appropriated under section
32 of the Act of August 24, 1935 (7 U.S.C. 612c) to purchase
commodities for emergency distribution in any area of the United States
during a pandemic emergency designation.
(i) Definitions.--In this section:
(1) The term ``eligible child'' means a child (as defined in
section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)) who, if not for the closure of the school
attended by the child during a pandemic emergency designation and
due to concerns about an influenza pandemic, would receive free or
reduced price school meals under the Richard B. Russell National
School Lunch Act (42 U.S.C. 175l et seq.) at the school.
(2) The term ``pandemic emergency designation'' means the
declaration--
(A) of a public health emergency, based on pandemic
influenza, by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d);
or
(B) of a domestic emergency, based on pandemic influenza,
by the Secretary of Homeland Security.
(3) The term ``school'' has the meaning given the term in
section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)).

3c60b4c9bea0e0475141dc9c657227644c9a81a0ba8292dc462f2a2279027008

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.

16a3a6a4b3361204df63774572b5c4986489595b568f3231c27d0a35746580b1

$60,000,000 is provided for purchases of cheese and other dairy
products under 7 U.S.C. 2036(a) and $290,000,000 is provided to the
Secretary of Agriculture to assist dairy producers under section 10104
of Public Law 107-171.
(b)(1) Regulations.--The Secretary of Agriculture may promulgate
such regulations as are necessary to implement this section.
(2) Procedure.--The promulgation of the implementing regulations
and the administration of this section shall be made without regard
to--
(A) the notice and comment provisions of section 553 of title
5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(3) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of Agriculture shall use the authority
provided under section 808 of title 5, United States Code.

76f965337054875c85ee83ac13382ba392b658bce23c9c8be5cd90e07e486ecb

School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking
``2009'' and inserting ``2010''.
(b) Section 9(f)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(f)(5)) is amended by striking ``2009'' and
inserting ``2010''.
(c)(1) Section 9(h)(3) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking ``2009'' and
inserting ``2010''.
(2) Section 9(h)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(4)) is amended by striking ``2009'' and
inserting ``2010''.
(d) Section 18(h)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(h)(5)) is amended by striking ``2009'' and
inserting ``2010''.
(e) Section 21(g)(1)(A)(ii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)(ii)) is amended by
striking ``and October 1, 2008'' and inserting ``October 1, 2008, and
October 1, 2009''.
(f) Section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended by striking ``2009'' and inserting
``2010''.
(g)(1) From the funds made available under paragraph (5), the
Secretary shall carry out demonstration projects to develop and test
methods of providing access to food for children in urban and rural
areas during the summer months when schools are not in regular session
to--
(A) reduce or eliminate the food insecurity and hunger of
children; and
(B) improve the nutritional status of children.
(2) For purposes of this subsection, the term ``children'' means
low-income children, as specified by the Secretary.
(3)(A) From the funds made available under paragraph (5), the
Secretary shall provide for an independent evaluation of the
demonstration projects carried out under this subsection, which shall
use rigorous methodologies, including--
(i) random assignment of children or schools, where
practicable; or
(ii) if random assignment of children or schools is not
practicable, quasi-experimental or other methods that are capable
of producing scientifically valid information regarding which
projects are effective in achieving the purposes described in
paragraph (1).
(B)(i) Not later than December 31, 2010, and each December 31
thereafter until the completion of the last evaluation conducted under
subparagraph (A) the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report that
includes--
(I) the status of each demonstration project carried out under
this subsection; and
(II) the results of the evaluations conducted under
subparagraph (A) for the previous fiscal year.
(ii) Not later than 120 days after the completion of the last
evaluation conducted under subparagraph (A), the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that includes recommendations on how to improve children's
access to food during the summer months when school is not in regular
session.
(4) The Secretary may use funds made available under paragraph (5)
to pay--
(A) participant benefits;
(B) the added administrative expenses incurred by participating
organizations as a result of participating in a project under this
subsection;
(C) costs associated with outreach to potential participants
and potential sponsoring organizations; and
(D) costs associated with soliciting, administering,
monitoring, and evaluating each demonstration project carried out
under this subsection.
(5)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $85,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(h)(1)(A) From the funds made available under subparagraph (C), the
Secretary shall provide assistance through grants to State agencies
administering the National School Lunch Program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) with the
lowest rates of children certified for free meals pursuant to
paragraphs (4) and (5) of section 9(b) of such Act (42 U.S.C.
1758(b)(4); 1758(b)(5)) for the purpose of improving such rates.
(B) Under the terms and conditions established by the Secretary, a
State receiving grant funds under this subsection may use such funds to
pay costs related to improving the rate of direct certification in such
State, including the costs related to--
(i) making technology improvements;
(ii) providing technical assistance to local educational
agencies;
(iii) implementing a new or revised direct certification system
in such State and in the local educational agencies of such State;
and
(iv) using multiple public means tested benefits programs for
the purpose of direct certification.
(C)(i) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this paragraph $22,000,000, to remain
available until expended.
(ii) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this paragraph the funds transferred under
clause (i), without further appropriation.
(2)(A) From the funds made available under subparagraph (B), the
Secretary shall provide technical assistance to assist States receiving
grants under paragraph (1), and other States, as appropriate, in
improving the rates of direct certification.
(B)(i) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this paragraph $3,000,000, to remain
available until expended.
(ii) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this paragraph the funds transferred under
clause (i), without further appropriation.
(i)(1) From the funds made available under paragraph (4), in
carrying out the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786 et seq.) (in this subsection referred to as
the ``program'') during fiscal year 2010, the Secretary shall provide
performance bonus payments to State agencies that demonstrate--
(A) the highest proportion of breastfed infants, as compared to
other State agencies participating in the program; or
(B) the greatest improvement in proportion of breastfed
infants, as compared to other State agencies participating in the
program.
(2) In providing performance bonus payments to State agencies under
this subsection, the Secretary shall consider a State agency's
proportion of participating fully breastfed infants.
(3) A State agency that receives a performance bonus under
paragraph (1)--
(A) shall treat the funds as program income; and
(B) may transfer the funds to local agencies for use in
carrying out the program.
(4)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $5,000,000.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(j)(1) From the funds made available under paragraph (5), the
Secretary shall make payments to State educational agencies to award
grants to eligible school food authorities for the purchase of
equipment for schools under the jurisdiction of such authorities.
(2)(A) Payments under paragraph (1) shall be allocated to State
educational agencies in a manner proportional with each agency's
administrative expense allocation under section 7(a)(2) of the Child
Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)).
(B) If a State educational agency does not accept or use the
amounts made available under its allocation in accordance with this
subsection, the Secretary shall reallocate such amounts to other State
educational agencies, as the Secretary determines necessary.
(3)(A) Not later than 180 days after receiving an allocation under
this subsection, a State educational agency shall award grants, on a
competitive basis, to eligible school food authorities.
(B) For the purposes of this subsection, the term ``eligible school
food authority'' means a school food authority--
(i) participating in the National School Lunch Program
established under the Richard B. Russell National School Lunch
Program (42 U.S. C. 1751 et seq.); and
(ii) that did not receive a grant for equipment assistance
under the grant program carried out pursuant to the heading ``Food
and Nutrition Service Child Nutrition Programs'' in title I of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
(C) To qualify to receive a grant under this subsection, an
eligible school food authority shall--
(i) submit an application to a State educational agency at such
time, in such manner, and containing such information as the State
educational agency may require; or
(ii) have submitted an application to receive equipment
assistance under the grant program carried out pursuant to the
heading ``Food and Nutrition Service Child Nutrition Programs'' in
title I of division A of the American Recovery and Reinvestment Act
of 2009 (Public law 111-5).
(D) In awarding grants to eligible school food authorities, a State
shall give priority to each eligible school food authority whose
application demonstrates that in providing equipment assistance to
schools with funds received under this subsection, it will give
priority to schools where not less than 50 percent of the enrolled
students are eligible for free or reduced price meals under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(E) Under the terms and conditions established by the Secretary, an
eligible school food authority receiving a grant under this subsection
shall use such funds to purchase equipment for schools under the
jurisdiction of the school food authority--
(i) to improve the quality of school meals, consistent with the
goals of the most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(ii) to improve the safety of food served in the school meal
programs established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(iii) to improve the overall energy efficiency of school
foodservice operations; or
(iv) for other purposes as established by the Secretary.
(4) A State educational agency receiving an allocation under this
subsection may not use more than 5 percent of such allocation for
administrative costs associated with awarding grants to eligible school
food authorities in accordance with this subsection.
(5)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $25,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(k)(1) The purpose of this subsection is to provide grants, on a
competitive basis, to State agencies administering the child and adult
care food program established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) (referred to in this
section as ``the program'') for the purpose of improving the health and
nutrition of children in child care settings.
(2) From the funds made available under paragraph (8), the
Secretary shall award grants, on a competitive basis, to State agencies
administering the program for the purpose of promoting health and
nutrition improvement in child care settings.
(3) In awarding grants under this subsection, the Secretary shall
give priority to State agencies administering projects under the
program that carry out each of the authorized uses of funds described
in paragraph (7).
(4) A State receiving a grant under this subsection shall use not
less than 50 percent of such grant funds to award subgrants to
institutions for the purpose of conducting the activities described in
paragraph (6).
(5) For the purposes of this subsection, the term ``institution''
has the meaning given such term in section 17(a)(2) of the Richard B.
Russell National School Lunch Act (42 U.S.C.1766(a)(2)).
(6) To be eligible to receive funds under this subsection, a State
agency shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, which shall include--
(A) a plan to improve the quality of food provided in--
(i) child care centers; and
(ii) family or group day care homes; and
(B) a description of--
(i) the procedures by which the State agency will use the
grant received under this subsection to award subgrants to
institutions; and
(ii) the criteria that the State agency will use in
awarding such subgrants.
(7) In addition to such other activities as the Secretary
determines to be appropriate, State agencies and institutions may use
funds provided under this subsection for activities that--
(A) promote nutrition and physical activity in child care
settings and that reflect the recommendations of--
(i) the most recent version of the Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
and
(ii) the most recent scientific knowledge;
(B) provide technical assistance and training to sponsors and
providers of child care centers and family or group day care homes
in implementing State or local initiatives designed to improve the
health and nutrition of children;
(C) perform outreach campaigns on the State or local level that
are designed to increase access to the program in underserved areas
and populations; and
(D) make innovative use of technology to provide training and
education to promote the nutrition, physical activity, and health
of children.
(8)(A) On October 1, 2009, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $8,000,000, to remain
available until expended.
(B) The Secretary shall be entitled to receive, shall accept, and
shall use to carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
(l) For purposes of this section, the term ``Secretary'' means the
Secretary of Agriculture.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

5602882b25549e75d8deabf3df7420668af93000105f5c55eccdbc7c3695f2a3

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010

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