PUBLIC LAW 111–80—OCT. 21, 2009 

AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2010 


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123 STAT. 2090 PUBLIC LAW 111–80—OCT. 21, 2009 

Public Law 111–80 

111th Congress 

An Act 

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 

30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies programs 

for the fiscal year ending September 30, 2010, and for other purposes, namely: 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,285,000: Provided, That not to exceed $11,000 of this 

amount shall be available for official reception and representation 

expenses, not otherwise provided for, as determined by the Secretary. 

OFFICE OF TRIBAL RELATIONS

For necessary expenses of the Office of Tribal Relations, 

$1,000,000, to support communication and consultation activities 

with Federally Recognized Tribes, as well as other requirements 

established by law. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, $13,032,000. 

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$15,254,000. 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2010. 

Oct. 21, 2009 

[H.R. 2997] 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2091 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $9,436,000. 

OFFICE OF HOMELAND SECURITY

For necessary expenses of the Office of Homeland Security, 

$1,859,000. 

OFFICE OF ADVOCACY AND OUTREACH

For necessary expenses of the Office of Advocacy and Outreach, 

$1,700,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, $61,579,000. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, $6,566,000: Provided, That no funds made available by 

this appropriation may be obligated for FAIR Act or Circular A– 

76 activities until the Secretary has submitted to the Committees 

on Appropriations of both Houses of Congress and the Committee 

on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including 

agency budgets for contracting out. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $895,000. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$23,922,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary expenses of the Office of the Assistant Secretary for Administration, $806,000. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to 

Public Law 92–313, including authorities pursuant to the 1984 

delegation of authority from the Administrator of General Services 

to the Department of Agriculture under 40 U.S.C. 486, for programs 

and activities of the Department which are included in this Act, 

and for alterations and other actions needed for the Department 

and its agencies to consolidate unneeded space into configurations 

suitable for release to the Administrator of General Services, and 

Reports. 


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123 STAT. 2092 PUBLIC LAW 111–80—OCT. 21, 2009 

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $293,093,000, 

to remain available until expended, of which $184,812,000 shall 

be available for payments to the General Services Administration 

for rent; of which $13,500,000 for payment to the Department 

of Homeland Security for building security activities; and of which 

$94,781,000 for buildings operations and maintenance expenses: 

Provided, That the Secretary shall use $15,911,000 of these funds 

to cover shortfalls incurred in prior year rental payments: Provided 

further, That the Secretary is authorized to transfer funds from 

a Departmental agency to this account to recover the full cost 

of the space and security expenses of that agency that are funded 

by this account when the actual costs exceed the agency estimate 

which will be available for the activities and payments described 

herein. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the 

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$5,125,000, to remain available until expended: Provided, That 

appropriations and funds available herein to the Department for 

Hazardous Materials Management may be transferred to any 

agency of the Department for its use in meeting all requirements 

pursuant to the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $41,319,000, to provide for 

necessary expenses for management support services to offices of 

the Department and for general administration, security, repairs 

and alterations, and other miscellaneous supplies and expenses 

not otherwise provided for and necessary for the practical and 

efficient work of the Department: Provided, That this appropriation 

shall be reimbursed from applicable appropriations in this Act 

for travel expenses incident to the holding of hearings as required 

by 5 U.S.C. 551–558: Provided further, That of the amount appro- priated, $13,000,000 is for stabilization and reconstruction activities 

to be carried out under the authority provided by title XIV of 

the Food and Agriculture Act of 1977 (7 U.S.C. 3101 et seq.) 

and other applicable laws. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Assistant Secretary 

for Congressional Relations to carry out the programs funded by 

this Act, including programs involving intergovernmental affairs 

and liaison within the executive branch, $3,968,000: Provided, That 

these funds may be transferred to agencies of the Department 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2093 

of Agriculture funded by this Act to maintain personnel at the 

agency level: Provided further, That no funds made available by 

this appropriation may be obligated after 30 days from the date 

of enactment of this Act, unless the Secretary has notified the 

Committees on Appropriations of both Houses of Congress on the 

allocation of these funds by USDA agency: Provided further, That 

no other funds appropriated to the Department by this Act shall 

be available to the Department for support of activities of congressional relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses of the Office of Communications, 

$9,722,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

including employment pursuant to the Inspector General Act of 

1978, $88,725,000, including such sums as may be necessary for 

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General 

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, 

to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97– 

98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$43,551,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary 

for Research, Education and Economics, $895,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service, 

$82,478,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service, $161,830,000, of which up to $37,908,000 shall be available 

until expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service 

and for acquisition of lands by donation, exchange, or purchase 

at a nominal cost not to exceed $100, and for land exchanges 

where the lands exchanged shall be of equal value or shall be 

equalized by a payment of money to the grantor which shall not 

Notification. 

Deadline. 


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123 STAT. 2094 PUBLIC LAW 111–80—OCT. 21, 2009 

exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,179,639,000, of which 

$44,138,000 shall be for the purposes, and in the amounts, specified 

in the table titled ‘‘Congressionally Designated Projects’’ in the 

statement of managers to accompany this Act: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall 

be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not 

exceed $375,000, except for headhouses or greenhouses which shall 

each be limited to $1,200,000, and except for 10 buildings to be 

constructed or improved at a cost not to exceed $750,000 each, 

and the cost of altering any one building during the fiscal year 

shall not exceed 10 percent of the current replacement value of 

the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall 

not apply to modernization or replacement of existing facilities 

at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville 

Agricultural Research Center: Provided further, That the foregoing 

limitations shall not apply to replacement of buildings needed to 

carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided 

further, That funds may be received from any State, other political 

subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of 

the Agricultural Research Service, as authorized by law. 

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of 

the Department of Agriculture, where not otherwise provided, 

$70,873,000, of which $70,873,000 shall be for the purposes, and 

in the amounts, specified in the table titled ‘‘Congressionally Designated Projects’’ in the statement of managers to accompany this 

Act, to remain available until expended. 

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other 

expenses, $788,243,000, of which $120,054,000 shall be for the 

purposes, and in the amounts, specified in the table titled ‘‘Congressionally Designated Projects’’ in the statement of managers to 

accompany this Act, as follows: to carry out the provisions of the 

Hatch Act of 1887 (7 U.S.C. 361a–i), $215,000,000; for grants for 

cooperative forestry research (16 U.S.C. 582a through a–7), 

$29,000,000; for payments to eligible institutions (7 U.S.C. 3222), 

$48,500,000, provided that each institution receives no less than 

$1,000,000; for special grants (7 U.S.C. 450i(c)), $89,029,000; for 

competitive grants on improved pest control (7 U.S.C. 450i(c)), 

$16,185,000; for competitive grants (7 U.S.C. 450(i)(b)), 

$262,482,000, to remain available until expended; for the support 

Maryland. 

7 USC 2254. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2095 

of animal health and disease programs (7 U.S.C. 3195), $2,950,000; 

for supplemental and alternative crops and products (7 U.S.C. 

3319d), $835,000; for grants for research pursuant to the Critical 

Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,083,000, to 

remain available until expended; for the 1994 research grants program for 1994 institutions pursuant to section 536 of Public Law 

103–382 (7 U.S.C. 301 note), $1,805,000, to remain available until 

expended; for rangeland research grants (7 U.S.C. 3333), $983,000; 

for higher education graduate fellowship grants (7 U.S.C. 

3152(b)(6)), $3,859,000, to remain available until expended (7 U.S.C. 

2209b); for a program pursuant to section 1415A of the National 

Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3151a), $4,800,000, to remain available until expended; 

for higher education challenge grants (7 U.S.C. 3152(b)(1)), 

$5,654,000; for a higher education multicultural scholars program 

(7 U.S.C. 3152(b)(5)), $1,241,000, to remain available until expended 

(7 U.S.C. 2209b); for an education grants program for Hispanicserving Institutions (7 U.S.C. 3241), $9,237,000; for competitive 

grants for the purpose of carrying out all provisions of 7 U.S.C. 

3156 to individual eligible institutions or consortia of eligible institutions in Alaska and in Hawaii, with funds awarded equally to 

each of the States of Alaska and Hawaii, $3,200,000; for a secondary 

agriculture education program and 2-year post-secondary education 

(7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 U.S.C. 3322), 

$3,928,000; for sustainable agriculture research and education (7 

U.S.C. 5811), $14,500,000; for a program of capacity building grants 

(7 U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 

7 U.S.C. 3221 and 3222, $18,250,000, to remain available until 

expended (7 U.S.C. 2209b); for payments to the 1994 Institutions 

pursuant to section 534(a)(1) of Public Law 103–382, $3,342,000; 

for resident instruction grants for insular areas under section 1491 

of the National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3363), $900,000; for distance education 

grants for insular areas under section 1490 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3362), $750,000; for a new era rural technology program 

pursuant to section 1473E of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e), 

$875,000; for a competitive grants program for farm business 

management and benchmarking (7 U.S.C. 5925f), $1,500,000; for 

a competitive grants program regarding biobased energy (7 U.S.C. 

8114), $2,250,000; and for necessary expenses of Research and 

Education Activities, $45,122,000, of which $2,704,000 for the 

Research, Education, and Economics Information System and 

$2,136,000 for the Electronic Grants Information System, are to 

remain available until expended. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to 

remain available until expended. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $494,923,000, of which $11,831,000 shall be for 


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123 STAT. 2096 PUBLIC LAW 111–80—OCT. 21, 2009 

the purposes, and in the amounts, specified in the table titled 

‘‘Congressionally Designated Projects’’ in the statement of managers 

to accompany this Act, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed under 

sections 3(b) and 3(c) of said Act, and under section 208(c) of 

Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents, $297,500,000; payments for extension 

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 

343(b)(3)), $4,321,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, 

$68,070,000; payments for the pest management program under 

section 3(d) of the Act, $9,938,000; payments for the farm safety 

program under section 3(d) of the Act, $4,863,000; payments for 

New Technologies for Ag Extension under section 3(d) of the Act, 

$1,750,000; payments to upgrade research, extension, and teaching 

facilities at institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222, $19,770,000, to remain available until expended; 

payments for youth-at-risk programs under section 3(d) of the 

Smith-Lever Act, $8,412,000; for youth farm safety education and 

certification extension grants, to be awarded competitively under 

section 3(d) of the Act, $486,000; payments for carrying out the 

provisions of the Renewable Resources Extension Act of 1978 (16 

U.S.C. 1671 et seq.), $4,068,000; payments for the federally-recognized Tribes Extension Program under section 3(d) of the SmithLever Act, $3,045,000; payments for sustainable agriculture programs under section 3(d) of the Act, $4,705,000; payments for 

rural health and safety education as authorized by section 502(i) 

of Public Law 92–419 (7 U.S.C. 2662(i)), $1,738,000; payments 

for cooperative extension work by eligible institutions (7 U.S.C. 

3221), $42,677,000, provided that each institution receives no less 

than $1,000,000; for grants to youth organizations pursuant to 

7 U.S.C. 7630, $1,784,000; payments to carry out the food animal 

residue avoidance database program as authorized by 7 U.S.C. 

7642, $1,000,000; payments to carry out section 1672(e)(49) of the 

Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

5925), as amended, $400,000; and for necessary expenses of Extension Activities, $20,396,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$60,022,000, as follows: for competitive grants programs authorized 

under section 406 of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7626), $45,148,000, 

including $12,649,000 for the water quality program, $14,596,000 

for the food safety program, $4,096,000 for the regional pest 

management centers program, $4,388,000 for the Food Quality 

Protection Act risk mitigation program for major food crop systems, 

$1,365,000 for the crops affected by Food Quality Protection Act 

implementation, $3,054,000 for the methyl bromide transition program, and $5,000,000 for the organic transition program; for a 

competitive international science and education grants program 

authorized under section 1459A of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3292b), to remain available until expended, $3,000,000; for grants 

programs authorized under section 2(c)(1)(B) of Public Law 89– 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2097 

106, as amended, $732,000, to remain available until September 

30, 2011, for the critical issues program; $1,312,000 for the regional 

rural development centers program; and $9,830,000 for the Food 

and Agriculture Defense Initiative authorized under section 1484 

of the National Agricultural Research, Extension, and Teaching 

Policy Act of 1977, to remain available until September 30, 2011. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $895,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Animal and Plant Health Inspec- tion Service, including up to $30,000 for representation allowances 

and for expenses pursuant to the Foreign Service Act of 1980 

(22 U.S.C. 4085), $904,953,000, of which $24,410,000 shall be for 

the purposes, and in the amounts, specified in the table titled 

‘‘Congressionally Designated Projects’’ in the statement of managers 

to accompany this Act, of which $2,058,000 shall be available for 

the control of outbreaks of insects, plant diseases, animal diseases 

and for control of pest animals and birds to the extent necessary 

to meet emergency conditions; of which $23,390,000 shall be used 

for the cotton pests program for cost share purposes or for debt 

retirement for active eradication zones; of which $5,300,000 shall 

be for a National Animal Identification program; of which 

$60,243,000 shall be used to prevent and control avian influenza 

and shall remain available until expended: Provided, That funds 

provided for the contingency fund to meet emergency conditions, 

information technology infrastructure, fruit fly program, emerging 

plant pests, cotton pests program, grasshopper and mormon cricket 

program, the plum pox program, the National Veterinary Stockpile, 

the National Animal Identification System, up to $1,500,000 in 

the scrapie program for indemnities, up to $1,000,000 for wildlife 

services methods development, up to $1,500,000 of the wildlife 

services operations program for aviation safety, and up to 25 percent 

of the screwworm program shall remain available until expended: 

Provided further, That no funds shall be used to formulate or 

administer a brucellosis eradication program for the current fiscal 

year that does not require minimum matching by the States of 

at least 40 percent: Provided further, That this appropriation shall 

be available for the operation and maintenance of aircraft and 

the purchase of not to exceed four, of which two shall be for 

replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production 

industry of this country, the Secretary may transfer from other 

appropriations or funds available to the agencies or corporations 

of the Department such sums as may be deemed necessary, to 

be available only in such emergencies for the arrest and eradication 

of contagious or infectious disease or pests of animals, poultry, 

or plants, and for expenses in accordance with sections 10411 and 

10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 


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123 STAT. 2098 PUBLIC LAW 111–80—OCT. 21, 2009 

8316) and sections 431 and 442 of the Plant Protection Act (7 

U.S.C. 7751 and 7772), and any unexpended balances of funds 

transferred for such emergency purposes in the preceding fiscal 

year shall be merged with such transferred amounts: Provided 

further, That appropriations hereunder shall be available pursuant 

to law (7 U.S.C. 2250) for the repair and alteration of leased 

buildings and improvements, but unless otherwise provided the 

cost of altering any one building during the fiscal year shall not 

exceed 10 percent of the current replacement value of the building. 

In fiscal year 2010, the agency is authorized to collect fees 

to cover the total costs of providing technical assistance, goods, 

or services requested by States, other political subdivisions, 

domestic and international organizations, foreign governments, or 

individuals, provided that such fees are structured such that any 

entity’s liability for such fees is reasonably based on the technical 

assistance, goods, or services provided to the entity by the agency, 

and such fees shall be credited to this account, to remain available 

until expended, without further appropriation, for providing such 

assistance, goods, or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, 

environmental support, improvement, extension, alteration, and 

purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$4,712,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service, 

$91,148,000: Provided, That this appropriation shall be available 

pursuant to law (7 U.S.C. 2250) for the alteration and repair of 

buildings and improvements, but the cost of altering any one 

building during the fiscal year shall not exceed 10 percent of the 

current replacement value of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $64,583,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up 

to 10 percent with notification to the Committees on Appropriations 

of both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 

1935 (7 U.S.C. 612c), shall be used only for commodity program 

expenses as authorized therein, and other related operating 

Notification. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2099 

expenses, including $10,000,000 for replacement of a system to 

support commodity purchases, except for: (1) transfers to the 

Department of Commerce as authorized by the Fish and Wildlife 

Act of August 8, 1956; (2) transfers otherwise provided in this 

Act; and (3) not more than $20,056,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act 

of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and 

departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 

(7 U.S.C. 1623(b)), $1,334,000. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and 

Stockyards Administration, $41,964,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for 

the alteration and repair of buildings and improvements, but the 

cost of altering any one building during the fiscal year shall not 

exceed 10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, 

this limitation may be exceeded by up to 10 percent with notification 

to the Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary 

for Food Safety, $813,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by 

the Federal Meat Inspection Act, the Poultry Products Inspection 

Act, and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant 

to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$1,018,520,000; and in addition, $1,000,000 may be credited to 

this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided 

further, That no fewer than 140 full-time equivalent positions shall 

be employed during fiscal year 2010 for purposes dedicated solely 

to inspections and enforcement related to the Humane Methods 

of Slaughter Act: Provided further, That of the amount available 

Employment 

positions. 

Notification. 


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123 STAT. 2100 PUBLIC LAW 111–80—OCT. 21, 2009 

under this heading, $3,000,000 shall be obligated to maintain the 

Humane Animal Tracking System as part of the Public Health 

Data Communication Infrastructure System: Provided further, That 

this appropriation shall be available pursuant to law (7 U.S.C. 

2250) for the alteration and repair of buildings and improvements, 

but the cost of altering any one building during the fiscal year 

shall not exceed 10 percent of the current replacement value of 

the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary expenses of the Office of the Under Secretary 

for Farm and Foreign Agricultural Services, $895,000. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency, 

$1,253,777,000: Provided, That the Secretary is authorized to use 

the services, facilities, and authorities (but not the funds) of the 

Commodity Credit Corporation to make program payments for all 

programs administered by the Agency: Provided further, That other 

funds made available to the Agency for authorized activities may 

be advanced to and merged with this account: Provided further, 

That funds made available to county committees shall remain available until expended. 

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit 

Act of 1987, as amended (7 U.S.C. 5101–5106), $4,369,000. 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–2), $5,000,000, to remain available until 

expended. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a 

dairy indemnity program, such sums as may be necessary, to remain 

available until expended: Provided, That such program is carried 

out by the Secretary in the same manner as the dairy indemnity 

program described in the Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations 

Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12). 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2101 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating 

(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans 

(25 U.S.C. 488), boll weevil loans (7 U.S.C. 1989), direct and guaranteed conservation loans (7 U.S.C. 1924 et seq.), and Indian highly 

fractionated land loans (25 U.S.C. 488), to be available from funds 

in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $2,150,000,000, of which $1,500,000,000 shall be for 

unsubsidized guaranteed loans and $650,000,000 shall be for direct 

loans; operating loans, $2,670,000,000, of which $1,500,000,000 

shall be for unsubsidized guaranteed loans, $170,000,000 shall be 

for subsidized guaranteed loans and $1,000,000,000 shall be for 

direct loans; Indian tribe land acquisition loans, $3,940,000; conservation loans, $150,000,000, of which $75,000,000 shall be for 

guaranteed loans and $75,000,000 shall be for direct loans; Indian 

highly fractionated land loans, $10,000,000; and for boll weevil 

eradication program loans, $100,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the 

purpose of boll weevil eradication program loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, 

$32,070,000, of which $5,550,000 shall be for unsubsidized guaranteed loans, and $26,520,000 shall be for direct loans; operating 

loans, $106,402,000, of which $35,100,000 shall be for unsubsidized 

guaranteed loans, $23,902,000 shall be for subsidized guaranteed 

loans, and $47,400,000 shall be for direct loans; conservation loans, 

$1,343,000, of which $278,000 shall be for guaranteed loans, and 

$1,065,000 shall be for direct loans; and Indian highly fractionated 

land loans, $793,000. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $321,093,000, of 

which $313,173,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among 

these programs: Provided, That the Committees on Appropriations 

of both Houses of Congress are notified at least 15 days in advance 

of any transfer. 

RISK MANAGEMENT AGENCY

For necessary expenses of the Risk Management Agency, 

$80,325,000: Provided, That the funds made available under section 

522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may 

be used for the Common Information Management System: Provided 

further, That not to exceed $1,000 shall be available for official 

reception and representation expenses, as authorized by 7 U.S.C. 

1506(i). 

Notification. 

Deadline. 

Pink Bollworm. 


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123 STAT. 2102 PUBLIC LAW 111–80—OCT. 21, 2009 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing 

authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying 

out the programs set forth in the budget for the current fiscal 

year for such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal 

Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, 

to remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary 

to reimburse the Commodity Credit Corporation for net realized 

losses sustained, but not previously reimbursed, pursuant to section 

2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, 

That of the funds available to the Commodity Credit Corporation 

under section 11 of the Commodity Credit Corporation Charter 

Act (15 U.S.C. 714i) for the conduct of its business with the Foreign 

Agricultural Service, up to $5,000,000 may be transferred to and 

used by the Foreign Agricultural Service for information resource 

management activities of the Foreign Agricultural Service that 

are not related to Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to 

comply with the requirement of section 107(g) of the Comprehensive 

Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9607(g)), and section 6001 of the Resource Conservation 

and Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary expenses of the Office of the Under Secretary 

for Natural Resources and Environment, $895,000. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2103 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the 

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation 

of conservation plans and establishment of measures to conserve 

soil and water (including farm irrigation and land drainage and 

such special measures for soil and water management as may 

be necessary to prevent floods and the siltation of reservoirs and 

to control agricultural related pollutants); operation of conservation 

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests 

therein for use in the plant materials program by donation, 

exchange, or purchase at a nominal cost not to exceed $100 pursuant 

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection 

or alteration or improvement of permanent and temporary 

buildings; and operation and maintenance of aircraft, $887,629,000, 

to remain available until September 30, 2011, of which $37,382,000 

shall be for the purposes, and in the amounts, specified in the 

table titled ‘‘Congressionally Designated Projects’’ in the statement 

of managers to accompany this Act: Provided, That appropriations 

hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at 

plant materials centers, except that the cost of alterations and 

improvements to other buildings and other public improvements 

shall not exceed $250,000: Provided further, That the Secretary 

is authorized to transfer ownership of all land, buildings, and 

related improvements of the Natural Resources Conservation 

Service facilities located in Medicine Bow, Wyoming, to the Medicine 

Bow Conservation District: Provided further, That when buildings 

or other structures are erected on non-Federal land, that the right 

to use such land is obtained as provided in 7 U.S.C. 2250a. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, 

including but not limited to research, engineering operations, 

methods of cultivation, the growing of vegetation, rehabilitation 

of existing works and changes in use of land, in accordance with 

the Watershed Protection and Flood Prevention Act (16 U.S.C. 

1001–1005 and 1007–1009), the provisions of the Act of April 27, 

1935 (16 U.S.C. 590a–f), and in accordance with the provisions 

of laws relating to the activities of the Department, $30,000,000, 

to remain available until expended, of which $22,111,000 shall 

be for the purposes, and in the amounts, specified in the table 

titled ‘‘Congressionally Designated Projects’’ in the statement of 

managers to accompany this Act: Provided, That not to exceed 

$12,000,000 of this appropriation shall be available for technical 

assistance. 

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural 

measures, in accordance with section 14 of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012), and in accordance 

with the provisions of laws relating to the activities of the Department, $40,161,000, to remain available until expended. 

Wyoming. 


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123 STAT. 2104 PUBLIC LAW 111–80—OCT. 21, 2009 

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 BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the 

Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title 

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451– 

3461), $50,730,000: Provided, That not to exceed $3,073,000 shall 

be available for national headquarters activities. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary 

for Rural Development, $895,000. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration 

and implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $201,987,000: Provided, That notwithstanding any 

other provision of law, funds appropriated under this section may 

be used for advertising and promotional activities that support 

the Rural Development mission area: Provided further, That not 

more than $10,000 may be expended to provide modest nonmonetary 

awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service, 

Rural Housing Service, and the Rural Business-Cooperative Service 

salaries and expenses accounts shall be transferred to and merged 

with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $13,121,488,000 for loans to section 502 borrowers, 

of which $1,121,488,000 shall be for direct loans, and of which 

$12,000,000,000 shall be for unsubsidized guaranteed loans; 

$34,412,000 for section 504 housing repair loans; $69,512,000 for 

section 515 rental housing; $129,090,000 for section 538 guaranteed 

multi-family housing loans; $5,045,000 for section 524 site loans; 

$11,448,000 for credit sales of acquired property, of which up to 

$1,448,000 may be for multi-family credit sales; and $4,970,000 

for section 523 self-help housing land development loans. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2105 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, 

$213,510,000, of which $40,710,000 shall be for direct loans, and 

of which $172,800,000, to remain available until expended, shall 

be for unsubsidized guaranteed loans; section 504 housing repair 

loans, $4,422,000; repair, rehabilitation, and new construction of 

section 515 rental housing, $18,935,000; section 538 multi-family 

housing guaranteed loans, $1,485,000; and credit sales of acquired 

property, $556,000: Provided, That of the total amount appropriated 

in this paragraph, the amount equal to the amount of Rural Housing 

Insurance Fund Program Account funds allocated by the Secretary 

for Rural Economic Area Partnership Zones for the fiscal year 

2009, shall be available through June 30, 2010, for communities 

designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones: Provided further, That section 538 multi-family 

housing guaranteed loans funded pursuant to this paragraph shall 

not be subject to a guarantee fee and the interest on such loans 

may not be subsidized: Provided further, That any balances for 

a demonstration program for the preservation and revitalization 

of the section 515 multi-family rental housing properties as authorized by Public Law 109–97 and Public Law 110–5 shall be transferred to and merged with the ‘‘Rural Housing Service, Multifamily Housing Revitalization Program Account’’. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $468,593,000 shall 

be transferred to and merged with the appropriation for ‘‘Rural 

Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed 

pursuant to the authority under section 521(a)(2) or agreements 

entered into in lieu of debt forgiveness or payments for eligible 

households as authorized by section 502(c)(5)(D) of the Housing 

Act of 1949, $980,000,000; and, in addition, such sums as may 

be necessary, as authorized by section 521(c) of the Act, to liquidate 

debt incurred prior to fiscal year 1992 to carry out the rental 

assistance program under section 521(a)(2) of the Act: Provided, 

That of this amount, up to $5,958,000 shall be available for debt 

forgiveness or payments for eligible households as authorized by 

section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project 

for advances to nonprofit organizations or public agencies to cover 

direct costs (other than purchase price) incurred in purchasing 

projects pursuant to section 502(c)(5)(C) of the Act: Provided further, 

That of this amount not less than $2,030,000 is available for newly 

constructed units financed by section 515 of the Housing Act of 

1949, and not less than $3,400,000 is for newly constructed units 

financed under sections 514 and 516 of the Housing Act of 1949: 

Provided further, That rental assistance agreements entered into 

or renewed during the current fiscal year shall be funded for a 

one-year period: Provided further, That any unexpended balances 

remaining at the end of such one-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of 

the Act: Provided further, That rental assistance provided under 


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123 STAT. 2106 PUBLIC LAW 111–80—OCT. 21, 2009 

agreements entered into prior to fiscal year 2010 for a farm labor 

multi-family housing project financed under section 514 or 516 

of the Act may not be recaptured for use in another project until 

such assistance has remained unused for a period of 12 consecutive 

months, if such project has a waiting list of tenants seeking such 

assistance or the project has rental assistance eligible tenants who 

are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied 

to another farm labor multi-family housing project financed under 

section 514 or 516 of the Act. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under 

section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, for the cost to conduct a housing demonstration program to provide revolving loans for the preservation 

of low-income multi-family housing projects, and for additional costs 

to conduct a demonstration program for the preservation and 

revitalization of multi-family rental housing properties described 

in this paragraph, $43,191,000, to remain available until expended: 

Provided, That of the funds made available under this heading, $16,400,000 shall be available for rural housing vouchers to any 

low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which 

has been prepaid after September 30, 2005: Provided further, That 

the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid 

rent for such unit: Provided further, That funds made available 

for such vouchers shall be subject to the availability of annual 

appropriations: Provided further, That the Secretary shall, to the 

maximum extent practicable, administer such vouchers with current 

regulations and administrative guidance applicable to section 8 

housing vouchers administered by the Secretary of the Department 

of Housing and Urban Development: Provided further, That if the 

Secretary determines that the amount made available for vouchers 

in this or any other Act is not needed for vouchers, the Secretary 

may use such funds for the demonstration programs for the 

preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the 

funds made available under this heading, $1,791,000 shall be available for the cost of loans to private nonprofit organizations, or 

such nonprofit organizations’ affiliate loan funds and State and 

local housing finance agencies, to carry out a housing demonstration 

program to provide revolving loans for the preservation of lowincome multi-family housing projects: Provided further, That loans 

under such demonstration program shall have an interest rate 

of not more than 1 percent direct loan to the recipient: Provided 

further, That the Secretary may defer the interest and principal 

payment to the Rural Housing Service for up to 3 years and the 

term of such loans shall not exceed 30 years: Provided further, 

That of the funds made available under this heading, $25,000,000 

shall be available for a demonstration program for the preservation 

and revitalization of the sections 514, 515, and 516 multi-family 

rental housing properties to restructure existing USDA multi-family 

housing loans, as the Secretary deems appropriate, expressly for 

the purposes of ensuring the project has sufficient resources to 

Loans. 

Vouchers. 

Applicability. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2107 

preserve the project for the purpose of providing safe and affordable 

housing for low-income residents and farm laborers including 

reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial 

assistance including advances, payments and incentives (including 

the ability of owners to obtain reasonable returns on investment) 

required by the Secretary: Provided further, That the Secretary 

shall as part of the preservation and revitalization agreement obtain 

a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that 

additional funds for vouchers described in this paragraph are 

needed, funds for the preservation and revitalization demonstration 

program may be used for such vouchers: Provided further, That 

if Congress enacts legislation to permanently authorize a multifamily rental housing loan restructuring program similar to the 

demonstration program described herein, the Secretary may use 

funds made available for the demonstration program under this 

heading to carry out such legislation with the prior approval of 

the Committees on Appropriations of both Houses of Congress: 

Provided further, That in addition to any other available funds, 

the Secretary may expend not more than $1,000,000 total, from 

the program funds made available under this heading, for administrative expenses for activities funded under this heading. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of 

the Housing Act of 1949 (42 U.S.C. 1490c), $41,864,000, to remain 

available until expended: Provided, That of the total amount appropriated under this heading, the amount equal to the amount of 

Mutual and Self-Help Housing Grants allocated by the Secretary 

for Rural Economic Area Partnership Zones for the fiscal year 

2009, shall be available through June 30, 2010, for communities 

designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones. 

RURAL HOUSING ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For grants and contracts for very low-income housing repair, 

supervisory and technical assistance, compensation for construction 

defects, and rural housing preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $45,500,000, to remain available until expended, of which 

$4,000,000 shall be for grants authorized by section 14204 of the 

Food, Conservation, and Energy Act of 2008: Provided, That of 

the total amount appropriated under this heading, the amount 

equal to the amount of Rural Housing Assistance Grants allocated 

by the Secretary for Rural Economic Area Partnership Zones for 

the fiscal year 2009, shall be available through June 30, 2010, 

for communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones: Provided further, That any balances to carry out a housing demonstration program to provide 

revolving loans for the preservation of low-income multi-family 

housing projects as authorized in Public Law 108–447 and Public 

Law 109–97 shall be transferred to and merged with the ‘‘Rural 


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123 STAT. 2108 PUBLIC LAW 111–80—OCT. 21, 2009 

Housing Service, Multi-family Housing Revitalization Program 

Account’’. 

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $19,746,000, to remain available 

until expended, for direct farm labor housing loans and domestic 

farm labor housing grants and contracts. 

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for 

rural community facilities programs as authorized by section 306 

and described in section 381E(d)(1) of the Consolidated Farm and 

Rural Development Act, $54,993,000, to remain available until 

expended: Provided, That $6,256,000 of the amount appropriated 

under this heading shall be available for a Rural Community 

Development Initiative: Provided further, That such funds shall 

be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development 

organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve 

housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds 

shall be made available to qualified private, nonprofit and public 

intermediary organizations proposing to carry out a program of 

financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other 

sources, including Federal funds for related activities, in an amount 

not less than funds provided: Provided further, That $13,902,000 

of the amount appropriated under this heading shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 

up to 5 percent for administration and capacity building in the 

State rural development offices: Provided further, That $3,972,000 

of the amount appropriated under this heading shall be available 

for community facilities grants to tribal colleges, as authorized 

by section 306(a)(19) of such Act: Provided further, That of the 

amount appropriated under this heading, the amount equal to 

the amount of Rural Community Facilities Program Account funds 

allocated by the Secretary for Rural Economic Area Partnership 

Zones for the fiscal year 2009, shall be available through June 

30, 2010, for communities designated by the Secretary of Agriculture 

as Rural Economic Area Partnership Zones for the rural community 

programs described in section 381E(d)(1) of the Consolidated Farm 

and Rural Development Act: Provided further, That sections 381E– 

H and 381N of the Consolidated Farm and Rural Development 

Act are not applicable to the funds made available under this 

heading: Provided further, That any prior balances in the Rural 

Development, Rural Community Advancement Program account for 

programs authorized by section 306 and described in section 

381E(d)(1) of such Act be transferred and merged with this account 

and any other prior balances from the Rural Development, Rural 

Community Advancement Program account that the Secretary 

determines is appropriate to transfer. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2109 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B 

and described in sections 310B(f) and 381E(d)(3) of the Consolidated 

Farm and Rural Development Act, $97,116,000, to remain available 

until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for 

a grant to a qualified national organization to provide technical 

assistance for rural transportation in order to promote economic 

development and $2,979,000 shall be for grants to the Delta 

Regional Authority (7 U.S.C. 2009aa et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) 

of the Consolidated Farm and Rural Development Act, of which 

not more than 5 percent may be used for administrative expenses: 

Provided further, That $4,000,000 of the amount appropriated under 

this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to 

a qualified national organization to provide technical assistance 

for rural transportation in order to promote economic development: 

Provided further, That of the amount appropriated under this 

heading, the amount equal to the amount of Rural Business Program Account funds allocated by the Secretary for Rural Economic 

Area Partnership Zones for the fiscal year 2009, shall be available 

through June 30, 2010, for communities designated by the Secretary 

of Agriculture as Rural Economic Area Partnership Zones for the 

rural business and cooperative development programs described 

in section 381E(d)(3) of the Consolidated Farm and Rural Development Act: Provided further, That sections 381E–H and 381N of 

the Consolidated Farm and Rural Development Act are not 

applicable to funds made available under this heading: Provided 

further, That any prior balances in the Rural Development, Rural 

Community Advancement Program account for programs authorized 

by sections 306 and 310B and described in sections 310B(f) and 

381E(d)(3) of such Act be transferred and merged with this account 

and any other prior balances from the Rural Development, Rural 

Community Advancement Program account that the Secretary 

determines is appropriate to transfer. 

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by 

the Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000. 

For the cost of direct loans, $8,464,000, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$1,035,000 shall be available through June 30, 2010, for Federally 

Recognized Native American Tribes and of which $2,070,000 shall 

be available through June 30, 2010, for Mississippi Delta Region 

counties (as determined in accordance with Public Law 100–460): 

Provided, That such costs, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That of the total amount appropriated 


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123 STAT. 2110 PUBLIC LAW 111–80—OCT. 21, 2009 

under this heading, the amount equal to the amount of Rural 

Development Loan Fund Program Account funds allocated by the 

Secretary for Rural Economic Area Partnership Zones for the fiscal 

year 2009, shall be available through June 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic 

Area Partnership Zones. 

In addition, for administrative expenses to carry out the direct 

loan programs, $4,941,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of 

promoting rural economic development and job creation projects, 

$33,077,000. 

Of the funds derived from interest on the cushion of credit 

payments, as authorized by section 313 of the Rural Electrification 

Act of 1936, $44,463,000 shall not be obligated and $44,463,000 

are rescinded. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under 

section 310B(e) of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1932), $34,854,000, of which $300,000 shall be for 

a cooperative research agreement with a qualified academic institution to conduct research on the national economic impact of all 

types of cooperatives; and of which $2,800,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $3,463,000 shall be 

for cooperatives or associations of cooperatives whose primary focus 

is to provide assistance to small, socially disadvantaged producers 

and whose governing board and/or membership is comprised of 

at least 75 percent socially disadvantaged members; and of which 

$20,367,000, to remain available until expended, shall be for valueadded agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 

(7 U.S.C. 1621 note). 

RURAL MICROENTERPRISE INVESTMENT PROGRAM ACCOUNT

For the cost of loans and grants, $5,000,000 as authorized 

by section 379E of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1981 et seq.): Provided, That such costs of loans, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974. 

RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees and grants, 

under the same terms and conditions as authorized by section 

9007 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 8107), $39,340,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2111 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for 

the rural water, waste water, waste disposal, and solid waste 

management programs authorized by sections 306, 306A, 306C, 

306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 

306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $568,730,000, to remain available until expended, of 

which not to exceed $497,000 shall be available for the rural utilities 

program described in section 306(a)(2)(B) of such Act, and of which 

not to exceed $993,000 shall be available for the rural utilities 

program described in section 306E of such Act: Provided, That 

$70,000,000 of the amount appropriated under this heading shall 

be for loans and grants including water and waste disposal systems 

grants authorized by 306C(a)(2)(B) and 306D of the Consolidated 

Farm and Rural Development Act, Federally-recognized Native 

American Tribes authorized by 306C(a)(1), and the Department 

of Hawaiian Home Lands (of the State of Hawaii): Provided further, That not less than $65,000,000 of the unobligated balances available 

for grants authorized by 306D of the Consolidated Farm and Rural 

Development Act shall be obligated within 90 days of the enactment 

of this Act: Provided further, That not to exceed $19,500,000 of 

the amount appropriated under this heading shall be for technical 

assistance grants for rural water and waste systems pursuant to 

section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $6,000,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small 

communities on water and waste water problems, the principal 

purpose of such grant shall be to assist rural communities with 

populations of 3,300 or less, in improving the planning, financing, 

development, operation, and management of water and waste water 

systems, and of which not less than $800,000 shall be for a qualified 

national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $15,000,000 of the amount appropriated 

under this heading shall be for contracting with qualified national 

organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the amount 

appropriated under this heading, the amount equal to the amount 

of Rural Water and Waste Disposal Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones 

for the fiscal year 2009, shall be available through June 30, 2010, 

for communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones for the rural utilities programs 

described in section 381E(d)(2) of the Consolidated Farm and Rural 

Development Act: Provided further, That $17,500,000 of the amount 

appropriated under this heading shall be transferred to, and merged 

with, the Rural Utilities Service, High Energy Cost Grants Account 

to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any 

prior year balances for high cost energy grants authorized by section 

19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall 

Contracts. 

Grants. 

Deadline. 


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be transferred to and merged with the Rural Utilities Service, 

High Energy Costs Grants Account: Provided further, That sections 

381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under 

this heading: Provided further, That any prior balances in the 

Rural Development, Rural Community Advancement Program 

account programs authorized by sections 306, 306A, 306C, 306D, 

306E, and 310B and described in sections 306C(a)(2), 306D, 306E, 

and 381E(d)(2) of such Act be transferred to and merged with 

this account and any other prior balances from the Rural Development, Rural Community Advancement Program account that the 

Secretary determines is appropriate to transfer. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 

1936 (7 U.S.C. 935 and 936) shall be made as follows: 5 percent 

rural electrification loans, $100,000,000; loans made pursuant to 

section 306 of that Act, rural electric, $6,500,000,000; guaranteed 

underwriting loans pursuant to section 313A, $500,000,000; 5 percent rural telecommunications loans, $145,000,000; cost of money 

rural telecommunications loans, $250,000,000; and for loans made 

pursuant to section 306 of that Act, rural telecommunications loans, 

$295,000,000: Provided, That, notwithstanding section 6106(b) of 

the Food, Conservation, and Energy Act of 2008, a guaranteed 

underwriting loan may not be issued until the amendments to 

the Rural Electrification Act of 1936 contained in section 6106(a) 

of the Food, Conservation, and Energy Act of 2008 are administratively implemented. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $39,959,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication loans, $400,000,000. 

For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $37,755,000, 

to remain available until expended: Provided, That $3,000,000 shall 

be made available for grants authorized by 379G of the Consolidated 

Farm and Rural Development Act: Provided further, That 

$4,500,000 shall be made available to those noncommercial educational television broadcast stations that serve rural areas and 

are qualified for Community Service Grants by the Corporation 

for Public Broadcasting under section 396(k) of the Communications 

Act of 1934, including associated translators and repeaters, regardless of the location of their main transmitter, studio-to-transmitter 

links, and equipment to allow local control over digital content 

and programming through the use of high-definition broadcast, 

multi-casting and datacasting technologies. 

For the cost of broadband loans, as authorized by section 601 

of the Rural Electrification Act, $28,960,000, to remain available 


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until expended: Provided, That the cost of direct loans shall be 

as defined in section 502 of the Congressional Budget Act of 1974. In addition, $17,976,000, to remain available until expended, 

for a grant program to finance broadband transmission in rural 

areas eligible for Distance Learning and Telemedicine Program 

benefits authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary 

for Food, Nutrition and Consumer Services, $813,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

In lieu of the amounts made available in section 14222(b) 

of the Food, Conservation, and Energy Act of 2008, for necessary 

expenses to carry out the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 

17 and 21; $16,855,829,000, to remain available through September 

30, 2011, of which $1,000,000 may be used to carry out the school 

community garden pilot program established under section 18(g)(3) 

of the Richard B. Russell National School Lunch Act (42 U.S.C. 

1769(g)(3)), and of which $9,865,930,000 is hereby appropriated, 

$6,747,877,000 shall be derived by transfer from funds available 

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) 

and $242,022,000 shall be derived by transfer from unobligated 

and unavailable balances from fiscal year 2009 under section 32 

of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That 

of the total amount available, $5,000,000 shall be available to 

be awarded as competitive grants to implement section 4405 of 

the Food, Conservation, and Energy Act of 2008 (Public Law 110– 

246), and may be awarded notwithstanding the limitations imposed 

by sections 4405(b)(1)(A) and 4405(c)(1)(A). 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $7,252,000,000, to remain available 

through September 30, 2011: Provided, That notwithstanding section 17(g)(5) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(g)(5)), not more than $15,000,000 of funds provided in this 

Act may be used for the purpose of evaluating program performance 

in the Special Supplemental Nutrition Program for Women, Infants 

and Children: Provided further, That notwithstanding section 

17(h)(10)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(h)(10)(A)), of the amounts made available under this heading, 


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123 STAT. 2114 PUBLIC LAW 111–80—OCT. 21, 2009 

not less than $14,000,000 shall be used for infrastructure, not 

less than $60,000,000 shall be used for management information 

systems, and not less than $80,000,000 shall be used for 

breastfeeding peer counselors and other related activities: Provided 

further, That none of the funds provided in this account shall 

be available for the purchase of infant formula except in accordance 

with the cost containment and competitive bidding requirements 

specified in section 17 of such Act: Provided further, That none 

of the funds provided shall be available for activities that are 

not fully reimbursed by other Federal Government departments 

or agencies unless authorized by section 17 of such Act. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $58,278,181,000, of which 

$3,000,000,000, to remain available through September 30, 2011, 

shall be placed in reserve for use only in such amounts and at 

such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended 

in accordance with section 16 of the Food and Nutrition Act of 

2008: Provided further, That this appropriation shall be subject 

to any work registration or workfare requirements as may be 

required by law: Provided further, That funds made available for 

Employment and Training under this heading shall remain available until expended, notwithstanding section 16(h)(1) of the Food 

and Nutrition Act of 2008: Provided further, That funds made 

available under this heading may be used to enter into contracts 

and employ staff to conduct studies, evaluations, or to conduct 

activities related to program integrity provided that such activities 

are authorized by the Food and Nutrition Act of 2008. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and 

the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 

(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; 

special assistance for the nuclear affected islands, as authorized 

by section 103(f)(2) of the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition 

Act of 1966, $247,979,000, to remain available through September 

30, 2011, of which $6,000,000 shall be for emergency food program 

infrastructure grants authorized by section 209 of the Emergency 

Food Assistance Act of 1983: Provided, That of the amount provided, $5,000,000 is to begin service in 7 additional States that have 

plans approved by the Department for the commodity supplemental 

food program: Provided further, That none of these funds shall 

be available to reimburse the Commodity Credit Corporation for 

commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made 

available in fiscal year 2010 to support the Seniors Farmers’ Market 

Nutrition Program, as authorized by section 4402 of the Farm 

Security and Rural Investment Act of 2002, such funds shall remain 

available through September 30, 2011: Provided further, That of 

the funds made available under section 27(a) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use 

Workfare. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2115 

up to 10 percent for costs associated with the distribution of 

commodities. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance 

program, $147,801,000. 

TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service, 

including not to exceed $158,000 for representation allowances and 

for expenses pursuant to section 8 of the Act approved August 

3, 1956 (7 U.S.C. 1766), $180,367,000: Provided, That the Service 

may utilize advances of funds, or reimburse this appropriation 

for expenditures made on behalf of Federal agencies, public and 

private organizations and institutions under agreements executed 

pursuant to the agricultural food production assistance programs 

(7 U.S.C. 1737) and the foreign assistance programs of the United 

States Agency for International Development: Provided further, 

That funds made available for middle-income country training programs and up to $2,000,000 of the Foreign Agricultural Service 

appropriation solely for the purpose of offsetting fluctuations in 

international currency exchange rates, subject to documentation 

by the Foreign Agricultural Service, shall remain available until 

expended. 

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the credit program 

of title I, Food for Peace Act (Public Law 83–480) and the Food 

for Progress Act of 1985, $2,812,000, to be transferred to and 

merged with the appropriation for ‘‘Farm Service Agency, Salaries 

and Expenses’’: Provided, That funds made available for the cost 

of agreements under title I of the Agricultural Trade Development 

and Assistance Act of 1954 and for title I ocean freight differential 

may be used interchangeably between the two accounts with prior 

notice to the Committees on Appropriations of both Houses of 

Congress. 

FOOD FOR PEACE TITLE II GRANTS

For expenses during the current fiscal year, not otherwise 

recoverable, and unrecovered prior years’ costs, including interest 

thereon, under the Food for Peace Act (Public Law 83–480), for 

commodities supplied in connection with dispositions abroad under 


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123 STAT. 2116 PUBLIC LAW 111–80—OCT. 21, 2009 

title II of such Act, $1,690,000,000, to remain available until 

expended. 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

Corporation’s export guarantee program, GSM 102 and GSM 103, 

$6,820,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

$6,465,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $355,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 1736o–1), $209,500,000, to remain available until 

expended: Provided, That of this amount, the Secretary shall use 

$10,000,000 to conduct pilot projects to field test new and improved 

micronutrient fortified food products designed to meet energy and 

nutrient needs of program participants: Provided further, That the 

Commodity Credit Corporation is authorized to provide the services, 

facilities, and authorities for the purpose of implementing such 

section, subject to reimbursement from amounts provided herein. 

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the 

Secretary’s certificate, not to exceed $25,000; and notwithstanding 

section 521 of Public Law 107–188; $3,237,218,000, of which 

$5,509,000 shall be for the purposes, and in the amounts, specified 

in the eighth paragraph under ‘‘Food and Drug Administration, 

Salaries and Expenses’’ in the statement of managers to accompany 

this Act: Provided, That of the amount provided under this heading, 

$578,162,000 shall be derived from prescription drug user fees 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2117 

authorized by 21 U.S.C. 379h shall be credited to this account 

and remain available until expended, and shall not include any 

fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal 

year 2011 but collected in fiscal year 2010; $57,014,000 shall be 

derived from medical device user fees authorized by 21 U.S.C. 

379j, and shall be credited to this account and remain available 

until expended; $17,280,000 shall be derived from animal drug 

user fees authorized by 21 U.S.C. 379j, and shall be credited to 

this account and remain available until expended; $5,106,000 shall 

be derived from animal generic drug user fees authorized by 21 

U.S.C. 379f, and shall be credited to this account and shall remain 

available until expended; and $235,000,000 shall be derived from 

tobacco product user fees authorized by 21 U.S.C. 387s and shall 

be credited to this account and remain available until expended: 

Provided further, That fees derived from prescription drug, medical 

device, animal drug, animal generic drug, and tobacco product 

assessments for fiscal year 2010 received during fiscal year 2010, 

including any such fees assessed prior to fiscal year 2010 but 

credited for fiscal year 2010, shall be subject to the fiscal year 

2010 limitations: Provided further, That in addition and notwithstanding any other provision under this heading, amounts collected 

for prescription drug user fees that exceed the fiscal year 2010 

limitation are appropriated and shall be credited to this account 

and remain available until expended: Provided further, That none 

of these funds shall be used to develop, establish, or operate any 

program of user fees authorized by 31 U.S.C. 9701: Provided further, 

That of the total amount appropriated: (1) $782,915,000 shall be 

for the Center for Food Safety and Applied Nutrition and related 

field activities in the Office of Regulatory Affairs; (2) $880,104,000 

shall be for the Center for Drug Evaluation and Research and 

related field activities in the Office of Regulatory Affairs, of which 

no less than $51,545,000 shall be available for the Office of Generic 

Drugs; (3) $305,249,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office 

of Regulatory Affairs; (4) $155,540,000 shall be for the Center 

for Veterinary Medicine and for related field activities in the Office 

of Regulatory Affairs; (5) $349,262,000 shall be for the Center 

for Devices and Radiological Health and for related field activities 

in the Office of Regulatory Affairs; (6) $58,745,000 shall be for 

the National Center for Toxicological Research; (7) $216,523,000 

shall be for the Center for Tobacco Products and for related field 

activities in the Office of Regulatory Affairs; (8) not to exceed 

$117,225,000 shall be for Rent and Related activities, of which 

$41,496,000 is for White Oak Consolidation, other than the amounts 

paid to the General Services Administration for rent; (9) not to 

exceed $171,526,000 shall be for payments to the General Services 

Administration for rent; and (10) $200,129,000 shall be for other 

activities, including the Office of the Commissioner; the Office of 

Foods; the Office of the Chief Scientist; the Office of Policy, Planning 

and Budget; the Office of International Programs; the Office of 

Administration; and central services for these offices: Provided further, That none of the funds made available under this heading 

shall be used to transfer funds under section 770(n) of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, 

That not to exceed $25,000 of this amount shall be for official 

reception and representation expenses, not otherwise provided for, 

as determined by the Commissioner: Provided further, That funds 

Fees. 


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123 STAT. 2118 PUBLIC LAW 111–80—OCT. 21, 2009 

may be transferred from one specified activity to another with 

the prior approval of the Committees on Appropriations of both 

Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, 

and priority review user fees authorized by 21 U.S.C. 360n may 

be credited to this account, to remain available until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used 

by the Food and Drug Administration, where not otherwise provided, $12,433,000, to remain available until expended. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to 

include multiple year leases) in the District of Columbia and elsewhere, $168,800,000, including not to exceed $3,000 for official 

reception and representation expenses, and not to exceed $25,000 

for the expenses for consultations and meetings hosted by the 

Commission with foreign governmental and other regulatory officials: Provided, That $8,200,000 of the total amount appropriated 

under this heading shall not be available for obligation until the 

Commodity Futures Trading Commission submits an expenditure 

plan for fiscal year 2010 to the Committees on Appropriations 

of the House of Representatives and the Senate. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $54,500,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year 

for administrative expenses as authorized under 12 U.S.C. 2249: 

Provided, That this limitation shall not apply to expenses associated 

with receiverships. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for 

the purchase, in addition to those specifically provided for, of not 

to exceed 204 passenger motor vehicles, of which 170 shall be 

for replacement only, and for the hire of such vehicles. 

SEC. 702. Section 10101 of division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, 


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(Public Law 110–329) is amended in subsection (b) by inserting 

at the end the following: ‘‘In carrying out this section, the Secretary 

may transfer funds into existing or new accounts as determined 

by the Secretary.’’. 

SEC. 703. The Secretary of Agriculture may transfer unobligated 

balances of discretionary funds appropriated by this Act or other 

available unobligated discretionary balances of the Department of 

Agriculture to the Working Capital Fund for the acquisition of 

plant and capital equipment necessary for the delivery of financial, 

administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided, That none of the funds made available by this Act or any other 

Act shall be transferred to the Working Capital Fund without 

the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund 

pursuant to this section shall be available for obligation without 

the prior approval of the Committees on Appropriations of both 

Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working 

Capital Fund shall be available for obligation or expenditure to 

make any changes to the Department’s National Finance Center 

without prior approval of the Committees on Appropriations of 

both Houses of Congress as required by section 712 of this Act: 

Provided further, That of annual income amounts in the Working 

Capital Fund of the Department of Agriculture allocated for the 

National Finance Center, the Secretary may reserve not more than 

4 percent for the replacement or acquisition of capital equipment, 

including equipment for the improvement and implementation of 

a financial management plan, information technology, and other 

systems of the National Finance Center or to pay any unforeseen, 

extraordinary cost of the National Finance Center: Provided further, 

That none of the amounts reserved shall be available for obligation 

unless the Secretary submits notification of the obligation to the 

Committees on Appropriations of the House of Representatives and 

the Senate: Provided further, That the limitation on the obligation 

of funds pending notification to Congressional Committees shall 

not apply to any obligation that, as determined by the Secretary, 

is necessary to respond to a declared state of emergency that 

significantly impacts the operations of the National Finance Center; 

or to evacuate employees of the National Finance Center to a 

safe haven to continue operations of the National Finance Center. 

SEC. 704. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 705. No funds appropriated by this Act may be used 

to pay negotiated indirect cost rates on cooperative agreements 

or similar arrangements between the United States Department 

of Agriculture and nonprofit institutions in excess of 10 percent 

of the total direct cost of the agreement when the purpose of 

such cooperative arrangements is to carry out programs of mutual 

interest between the two parties. This does not preclude appropriate 

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis 

for all agencies for which appropriations are provided in this Act. 

SEC. 706. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the 

current fiscal year shall remain available until expended to disburse 

Notification. 

7 USC 6945. 


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123 STAT. 2120 PUBLIC LAW 111–80—OCT. 21, 2009 

obligations made in the current fiscal year for the following 

accounts: the Rural Development Loan Fund program account, the 

Rural Electrification and Telecommunication Loans program 

account, and the Rural Housing Insurance Fund program account. 

SEC. 707. Of the funds made available by this Act, not more 

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels 

used to comply with negotiated rule makings and panels used 

to evaluate competitively awarded grants. 

SEC. 708. None of the funds appropriated by this Act may 

be used to carry out section 410 of the Federal Meat Inspection 

Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection 

Act (21 U.S.C. 471). 

SEC. 709. No employee of the Department of Agriculture may 

be detailed or assigned from an agency or office funded by this 

Act or any other Act to any other agency or office of the Department 

for more than 30 days unless the individual’s employing agency 

or office is fully reimbursed by the receiving agency or office for 

the salary and expenses of the employee for the period of assignment. 

SEC. 710. None of the funds appropriated or otherwise made 

available to the Department of Agriculture or the Food and Drug 

Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of 

Health and Human Services employee questions or responses to 

questions that are a result of information requested for the appropriations hearing process. 

SEC. 711. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the 

Office of the Chief Information Officer, without the approval of 

the Chief Information Officer and the concurrence of the Executive 

Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds 

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress: Provided further, That none of the funds available 

to the Department of Agriculture for information technology shall 

be obligated for projects over $25,000 prior to receipt of written 

approval by the Chief Information Officer. 

SEC. 712. (a) None of the funds provided by this Act, or provided 

by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds which— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

Notifications. 

Deadlines. 


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(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, whichever is less, that: (1) augments existing programs, projects, or 

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or (3) results from any general savings 

from a reduction in personnel which would result in a change 

in existing programs, activities, or projects as approved by Congress; 

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of 

funds. 

(c) The Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures 

Trading Commission shall notify the Committees on Appropriations 

of both Houses of Congress before implementing a program or 

activity not carried out during the previous fiscal year unless the 

program or activity is funded by this Act or specifically funded 

by any other Act. 

SEC. 713. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s Budget submission to the Congress of the United States 

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies that assumes revenues or 

reflects a reduction from the previous year due to user fees proposals 

that have not been enacted into law prior to the submission of 

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees 

proposals are not enacted prior to the date of the convening of 

a committee of conference for the fiscal year 2011 appropriations 

Act. 

SEC. 714. None of the funds made available by this or any 

other Act may be used to close or relocate a Rural Development 

office unless or until the Secretary of Agriculture determines the 

cost effectiveness and/or enhancement of program delivery: Provided, That not later than 120 days before the date of the proposed 

closure or relocation, the Secretary notifies the Committees on 

Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed 

closure or relocation and provides a report that describes the justifications for such closures and relocations. 

SEC. 715. None of the funds made available to the Food and 

Drug Administration by this Act shall be used to close or relocate, 

or to plan to close or relocate, the Food and Drug Administration 

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside 

the city or county limits of St. Louis, Missouri. 

Missouri. 

Deadline. 

Notification. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2122 PUBLIC LAW 111–80—OCT. 21, 2009 

SEC. 716. There is hereby appropriated $499,000 for any authorized Rural Development program purpose, in communities suffering 

from extreme outmigration and situated in areas that were designated as part of an Empowerment Zone pursuant to section 111 

of the Community Renewal Tax Relief Act of 2000 (as contained 

in appendix G of Public Law 106–554). 

SEC. 717. None of the funds made available in fiscal year 

2010 or preceding fiscal years for programs authorized under the 

Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 

shall be used to reimburse the Commodity Credit Corporation for 

the release of eligible commodities under section 302(f)(2)(A) of 

the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 

302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 

SEC. 718. There is hereby appropriated $3,497,000, to remain 

available until expended, for a grant to the National Center for 

Natural Products Research for construction or renovation to carry 

out the research objectives of the natural products research grant 

issued by the Food and Drug Administration. 

SEC. 719. Funds made available under section 1240I and section 

1241(a) of the Food Security Act of 1985 and section 524(b) of 

the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current 

fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 

SEC. 720. Unless otherwise authorized by existing law, none 

of the funds provided in this Act, may be used by an executive 

branch agency to produce any prepackaged news story intended 

for broadcast or distribution in the United States unless the story 

includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared 

or funded by that executive branch agency. 

SEC. 721. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the following: 

(1) An Environmental Quality Incentives Program as 

authorized by sections 1241–240H of the Food Security Act 

of 1985, as amended (16 U.S.C. 3839aa–3839aa(8)), in excess 

of $1,180,000,000; 

(2) a program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)); 

and 

(3) a program under subsection (b)(2)(A)(ii) of section 14222 

of Public Law 110–246 in excess of $1,123,000,000: Provided, 

That none of the funds made available in this Act or any 

other Act shall be used for salaries and expenses to carry 

out section 19(i)(1)(C) of the Richard B. Russell National School 

Lunch Act as amended by section 4304 of Public Law 110– 

246 in excess of $25,000,000, including the transfer of funds 

under subsection (c) of section 14222 of Public Law 110–246, 

until October 1, 2010: Provided further, That $76,000,000 made 

available on October 1, 2010, to carry out section 19(i)(1)(C) 

of the Richard B. Russell National School Lunch Act as 

amended by section 4304 of Public Law 110–246 shall be 

excluded from the limitation described in subsection 

(b)(2)(A)(iii) of section 14222 of Public Law 110–246: Provided 

further, That all unobligated balances under section 32 of the 

News stories. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2123 

Act of August 24, 1935, available as of September 30, 2009, 

are hereby rescinded. 

SEC. 722. Notwithstanding any other provision of law, any 

former RUS borrower that has repaid or prepaid an insured, direct 

or guaranteed loan under the Rural Electrification Act, or any 

not-for-profit utility that is eligible to receive an insured or direct 

loan under such Act, shall be eligible for assistance under section 

313(b)(2)(B) of such Act in the same manner as a borrower under 

such Act. 

SEC. 723. There is hereby appropriated $2,600,000, to remain 

available until expended, for the construction, interim operations, 

and necessary demolition needs for establishment of an agricultural 

pest facility in the State of Hawaii. 

SEC. 724. There is hereby appropriated $4,000,000 to the Secretary of Agriculture to award grant(s) to develop and field test 

new food products designed to improve the nutritional delivery 

of humanitarian food assistance provided through the McGovernDole (section 3107 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 1736o–1)) and the Food for Peace title II 

(7 U.S.C. 1691 et seq.) programs: Provided, That the Secretary 

shall use the authorities provided under the Research, Education, 

and Economics mission area of the Department in awarding such 

grant(s), with priority given to proposals that demonstrate 

partnering with and in-kind support from the private sector. 

SEC. 725. None of the funds made available to the Department 

of Agriculture in this Act may be used to implement the riskbased inspection program in the 30 prototype locations announced 

on February 22, 2007, by the Under Secretary for Food Safety, 

or at any other locations, until the USDA Office of Inspector General 

has provided its findings to the Food Safety and Inspection Service 

and the Committees on Appropriations of the House of Representatives and the Senate on the data used in support of the development 

and design of the risk-based inspection program and FSIS has 

addressed and resolved issues identified by OIG. 

SEC. 726. Notwithstanding any other provision of law, and 

until receipt of the decennial census for the year 2010, the Secretary 

of Agriculture— 

(1) shall consider— 

(A) the unincorporated area of Los Osos, California, 

the city of Imperial, California, and the Harrisville Fire 

District, Rhode Island, to be rural areas for the purposes 

of eligibility for Rural Utilities Service water and waste 

disposal loans and grants; 

(B) the incorporated community of Thermalito in Butte 

County, California, (including individuals and entities with 

projects within the community) eligible for loans and grants 

funded under the housing programs of the Rural Housing 

Service; 

(C) the city of Lumberton, North Carolina, and the 

city of Sanford, North Carolina (including individuals and 

entities with projects within the city) eligible for loans 

and grants funded through the Rural Community Facilities 

Program Account; and 

(D) the city of Nogales, Arizona (including individuals 

and entities with projects within the city) eligible for loans 

and grants funded through the housing programs of the 

Rural Housing Service; and 

State listing. 


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123 STAT. 2124 PUBLIC LAW 111–80—OCT. 21, 2009 

(2) may fund Rural Community Facility Program projects 

of the Rural Housing Service and Water and Waste Disposal 

Program projects of the Rural Utilities Service for communities 

and municipal districts and areas in Connecticut, Massachusetts, and Rhode Island that filed applications for such projects 

with the appropriate Rural Development field office of the 

Department of Agriculture prior to August 1, 2009, and that 

such projects were determined by the field office to be eligible 

for funding. 

SEC. 727. There is hereby appropriated $3,000,000 for section 

4404 of Public Law 107–171. 

SEC. 728. Notwithstanding any other provision of law, there 

is hereby appropriated: (1) $3,000,000 of which $2,000,000 shall be for a grant 

to the Wisconsin Department of Agriculture, Trade, and Consumer Protection, and $1,000,000 shall be for a grant to the 

Vermont Agency of Agriculture, Foods, and Markets, as authorized by section 6402 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 1621 note); 

(2) $350,000 for a grant to the Wisconsin Department of 

Agriculture, Trade and Consumer Protection; (3) $1,000,000 shall be for development of a prototype for 

a national carbon inventory and accounting system for forestry 

and agriculture; (4) $1,000,000 for the International Food Protection 

Training Institute; and (5) $200,000 for the Center for Foodborne Illness Research 

and Prevention. 

SEC. 729. Notwithstanding any other provision of law, the 

Natural Resources Conservation Service shall provide financial and 

technical assistance through the Watershed and Flood Prevention 

Operations program to carry out— 

(1) the Alameda Creek Watershed Project in Alameda 

County, California; 

(2) the Hurricane Katrina-Related Watershed Restoration 

project in Jackson County, Mississippi; 

(3) the Pidcock-Mill Creeks Watershed project in Bucks 

County, Pennsylvania; 

(4) the Farmington River Restoration project in Litchfield 

County, Connecticut; 

(5) the Lake Oscawana Management and Restoration 

project in Putnam County, New York; 

(6) the Richland Creek Reservoir in Paulding County, 

Georgia; 

(7) the Pocasset River Floodplain Management Project in 

the State of Rhode Island; 

(8) the East Locust Creek Watershed Plan Revision in 

Missouri, including up to 100 percent of the engineering assistance and 75 percent cost share for construction cost of site 

RW1; 

(9) the Little Otter Creek Watershed project in Missouri. 

The sponsoring local organization may obtain land rights by 

perpetual easements; 

(10) the DuPage County Watershed project in the State 

of Illinois; 

(11) the Dunloup Creek Watershed Project in Fayette and 

Raleigh Counties, West Virginia; 

State listing. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2125 

(12) the Dry Creek Watershed project in the State of California; and 

(13) the Upper Clark Fork Watershed project in the State 

of Montana. 

SEC. 730. Section 17(r)(5) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766(r)(5)) is amended— 

(1) by inserting ‘‘the District of Columbia and’’ after the 

first instance of ‘‘institutions located in’’; 

(2) by striking ‘‘ten’’ and inserting ‘‘thirteen’’; 

(3) by striking ‘‘eight’’ and inserting ‘‘eleven’’; and 

(4) by inserting ‘‘Connecticut, Nevada, Wisconsin,’’ after 

the first instance of ‘‘States shall be’’. 

SEC. 731. Notwithstanding any other provision of law, for the 

purposes of a grant under section 412 of the Agricultural Research, 

Extension, and Education Reform Act of 1998, none of the funds 

in this or any other Act may be used to prohibit the provision 

of in-kind support from non-Federal sources under section 412(e)(3) 

in the form of unrecovered indirect costs not otherwise charged 

against the grant, consistent with the indirect rate of cost approved 

for a recipient. 

SEC. 732. Except as otherwise specifically provided by law, 

unobligated balances remaining available at the end of the fiscal 

year from appropriations made available for salaries and expenses 

in this Act for the Farm Service Agency and the Rural Development 

mission area, shall remain available through September 30, 2011, 

for information technology expenses. 

SEC. 733. The Secretary of Agriculture may authorize a State 

agency to use funds provided in this Act to exceed the maximum 

amount of liquid infant formula specified in 7 C.F.R. 246.10 when 

issuing liquid infant formula to participants. 

SEC. 734. (a) CHILD NUTRITION PROGRAMS.—Section 9(b) of 

the Richard B. Russell National School Lunch Act (42 U.S.C. 

1758(b)) is amended by adding at the end the following: 

‘‘(14) COMBAT PAY.— 

‘‘(A) DEFINITION OF COMBAT PAY.—In this paragraph, 

the term ‘combat pay’ means any additional payment under 

chapter 5 of title 37, United States Code, or otherwise 

designated by the Secretary to be appropriate for exclusion 

under this paragraph, that is received by or from a member 

of the United States Armed Forces deployed to a designated 

combat zone, if the additional pay— 

‘‘(i) is the result of deployment to or service in 

a combat zone; and 

‘‘(ii) was not received immediately prior to serving 

in a combat zone. 

‘‘(B) EXCLUSION.—Combat pay shall not be considered 

to be income for the purpose of determining the eligibility 

for free or reduced price meals of a child who is a member 

of the household of a member of the United States Armed 

Forces.’’. 

(b) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, 

INFANTS, AND CHILDREN.—Section 17(d)(2) of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786(d)(2)) is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); and 

(2) by inserting after subparagraph (B) the following: 


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123 STAT. 2126 PUBLIC LAW 111–80—OCT. 21, 2009 

‘‘(C) COMBAT PAY.—For the purpose of determining 

income eligibility under this section, a State agency shall 

exclude from income any additional payment under chapter 

5 of title 37, United States Code, or otherwise designated 

by the Secretary to be appropriate for exclusion under 

this subparagraph, that is received by or from a member 

of the United States Armed Forces deployed to a designated 

combat zone, if the additional pay— 

‘‘(i) is the result of deployment to or service in 

a combat zone; and 

‘‘(ii) was not received immediately prior to serving 

in a combat zone.’’. 

SEC. 735. There is hereby appropriated $1,000,000 for the grant 

program for the purpose of obtaining and adding to an anhydrous 

ammonia fertilizer nurse tank a substance to reduce the amount 

of methamphetamine that can be produced from any anhydrous 

ammonia removed from the nurse tank as authorized by section 

14203 of the Food, Conservation, and Energy Act of 2008 (21 

U.S.C. 864a). 

SEC. 736. None of the funds appropriated or otherwise made 

available by this Act may be used for first-class travel by the 

employees of agencies funded by this Act in contravention of sections 

301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 

SEC. 737. Agencies with jurisdiction for carrying out international food assistance programs under the jurisdiction of this 

Act, including title II of the Food for Peace Act and the McGovernDole 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); 

Contracts. 

Deadline. 

Cost estimates. 


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PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2127 

(E) information on the methodologies to improve interagency coordination between host governments, the World 

Food Program, and non-governmental organization to 

develop more consistent estimates of food aid needs and 

the number of intended recipients to appropriately inform 

the purchases of commodities and in order to appropriately 

plan for commodity procurement for food aid programs; 

(2) provide the matter described under subsection (1) of 

this section in the form of a consensus report under the signatures of the Secretaries of Agriculture, State, and Transportation; and 

(3) estimates and cost savings analysis for this section 

shall be derived from periods representative of normal program 

operations. 

SEC. 738. There is hereby appropriated $250,000, to remain 

available until expended, for a grant to the Kansas Farm Bureau 

Foundation for work-force development initiatives to address outmigration in rural areas. 

SEC. 739. There is hereby appropriated $800,000 to the Farm 

Service Agency to carry out a pilot program to demonstrate the 

use of new technologies that increase the rate of growth of reforested hardwood trees on private non-industrial forests lands, 

enrolling lands on the coast of the Gulf of Mexico that were damaged 

by Hurricane Katrina in 2005. 

SEC. 740. (a) The Commissioner of Food and Drugs shall establish within the Food and Drug Administration a review group 

which shall recommend to the Commissioner of Food and Drugs 

appropriate preclinical, trial design, and regulatory paradigms and 

optimal solutions for the prevention, diagnosis, and treatment of 

rare diseases: Provided, That the Commissioner of Food and Drugs 

shall appoint individuals employed by the Food and Drug Administration to serve on the review group: Provided further, That members of the review group shall have specific expertise relating to 

the development of articles for use in the prevention, diagnosis, 

or treatment of rare diseases, including specific expertise in developing or carrying out clinical trials. 

(b) The Commissioner of Food and Drugs shall establish within 

the Food and Drug Administration a review group which shall 

recommend to the Commissioner of Food and Drugs appropriate 

preclinical, trial design, and regulatory paradigms and optimal solutions for the prevention, diagnosis, and treatment of neglected 

diseases of the developing world: Provided, That the Commissioner 

of Food and Drugs shall appoint individuals employed by the Food 

and Drug Administration to serve on the review group: Provided 

further, That members of the review group shall have specific 

expertise relating to the development of articles for use in the 

prevention, diagnosis, or treatment of neglected diseases of the 

developing world, including specific expertise in developing or carrying out clinical trials: Provided further, That for the purposes 

of this section the term ‘‘neglected disease of the developing world’’ 

means a tropical disease, as defined in section 524(a)(3) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360n(a)(3)). 

(c) The Commissioner of Food and Drugs shall— 

(1) submit, not later than 1 year after the date of the 

establishment of review groups under subsections (a) and (b), 

Reports. 

Deadlines. 

Establishment. 

21 USC 360aa 

note. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2128 PUBLIC LAW 111–80—OCT. 21, 2009 

a report to Congress that describes both the findings and recommendations made by the review groups under subsections 

(a) and (b); 

(2) issue, not later than 180 days after submission of the 

report to Congress under paragraph (1), guidance based on 

such recommendations for articles for use in the prevention, 

diagnosis, and treatment of rare diseases and for such uses 

in neglected diseases of the developing world; and 

(3) develop, not later than 180 days after submission of 

the report to Congress under paragraph (1), internal review 

standards based on such recommendations for articles for use 

in the prevention, diagnosis, and treatment of rare diseases 

and for such uses in neglected diseases of the developing world. 

SEC. 741. There is hereby appropriated $2,600,000 to carry 

out section 1621 of Public Law 110–246 and $3,000,000 to carry 

out section 1613 of Public Law 110–246. 

SEC. 742. Of the unobligated balances provided pursuant to 

section 16(h)(1)(A) of the Food and Nutrition Act of 2008, 

$11,000,000 is hereby rescinded. 

SEC. 743. (a) None of the funds made available by this Act 

may be used to promulgate or implement a poultry products inspection rule allowing processed poultry or processed poultry products 

to be imported into the United States from the People’s Republic 

of China unless the Secretary of Agriculture formally notifies Congress that the Department will— 

(1) not provide any preferential consideration to any 

application by the People’s Republic of China for authorization 

to export poultry or poultry products to the United States; 

(2) conduct audits of inspection systems and on-site reviews 

of slaughter and processing facilities, laboratories and other 

control operations before any Chinese facilities are certified 

as eligible to ship poultry or poultry products to the United 

States and, in subsequent years, to conduct such audits and 

reviews at least once annually or more frequently as the Secretary determines necessary; 

(3) implement a significantly increased level of port of 

entry re-inspection; 

(4) establish and conduct a formal and expeditious information sharing program with other countries importing processed 

poultry or processed poultry products from China that have 

conducted audits and plant inspections;0 

(5) report to the House and Senate Committees on Appropriations within 120 days of the date of enactment of this 

Act, and every 180 days thereafter for an indefinite period, 

with respect to the promulgation or implementation of any 

poultry products inspection rule authorizing the People’s 

Republic of China to export poultry or poultry products to 

the United States, including— 

(A) actions taken or to be taken by the Secretary, 

including new audits and on-site reviews, to implement 

any poultry products inspection rule authorizing the People’s Republic of China to export processed poultry or processed poultry products to the United States; 

(B) actions taken or to be taken by the Secretary, 

including new audits and on-site reviews, to determine 

whether the poultry inspection system of the People’s 

Reports. 

Deadlines. 

Audits. 

Certifications. 

Poultry and 

poultry products. 

People’s Republic 

of China. 

Notification. 

Rescission. 

Standards. 

Guidelines. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2129 

Republic of China achieves a level of sanitary protection 

equivalent to that achieved under United States standards; 

(C) actions taken or to be taken by the Secretary 

to determine whether the administration and enforcement 

of the poultry and poultry products inspection system of 

the People’s Republic of China ensures that it achieves 

a level of sanitary protection equivalent to that achieved 

under United States standards; 

(D) the level of port of entry re-inspections to be conducted on processed poultry and processed poultry products 

offered for importation into the United States from the 

People’s Republic of China; and 

(E) a work plan incorporating any understandings or 

agreements between FSIS and relevant authorities of the 

People’s Republic of China with respect to carrying out 

the Secretary’s assessment of the equivalency of the poultry 

products inspection system of the People’s Republic of 

China; 

(6) make publicly available, no later than 30 days from 

the date they are finalized, the reports of any new audits 

and on-site reviews conducted by the Secretary, and, in addition, when such audit or review is being conducted to determine 

whether the People’s Republic of China’s poultry inspection 

system achieves a level of sanitary protection equivalent to 

that achieved under United States standards, to make the 

final report of such audit or review publicly available no later 

than 30 days prior to the publication of any notice of proposed 

rulemaking for such determination; and 

(7) make publicly available a list of facilities in the People’s 

Republic of China certified to export poultry or poultry products 

to the United States and to notify the House and Senate 

Committees on Appropriations if the number of facilities certified by the People’s Republic of China exceeds ten. 

(b) None of the funds made available by this Act may be 

used to promulgate any proposed or final rule allowing the importation into the United States of poultry slaughtered or poultry products produced from poultry slaughtered in the People’s Republic 

of China unless such rule is promulgated in accordance with the 

procedures for significant rules specified in Executive Order 12866. 

(c) This section shall be applied in a manner consistent with 

United States obligations under its international trade agreements. 

SEC. 744. None of the funds made available in this Act may 

be used to pay the salaries or expenses of personnel to— 

(1) inspect horses under section 3 of the Federal Meat 

Inspection Act (21 U.S.C. 603); 

(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 

note; Public Law 104–127); or 

(3) implement or enforce section 352.19 of title 9, Code 

of Federal Regulations. 

SEC. 745. (a) Section 531(g)(7)(F) of the Federal Crop Insurance 

Act (7 U.S.C. 1531(g)(7)(F)) is amended— 

(1) in the matter preceding clause (i), by inserting 

‘‘(including multiyear assistance)’’ after ‘‘assistance’’; and 

(2) in clause (i), by inserting ‘‘or multiyear production 

losses’’ after ‘‘a production loss’’. 

Applicability. 

Public 

information. 

Records. 

Notification. 

Public 

information. 

Deadline. 

Reports. 

Notice. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2130 PUBLIC LAW 111–80—OCT. 21, 2009 

(b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 U.S.C. 

2497(g)(7)(F)) is amended— 

(1) in the matter preceding clause (i), by inserting 

‘‘(including multiyear assistance)’’ after ‘‘assistance’’; and 

(2) in clause (i), by inserting ‘‘or multiyear production 

losses’’ after ‘‘a production loss’’. 

SEC. 746. (a) DEPARTMENT OF AGRICULTURE ASSISTANCE

DURING PANDEMIC EMERGENCY.—During fiscal year 2010, in any 

case in which a school is closed for at least 5 consecutive days 

during a pandemic emergency designation, each household containing at least 1 member who is an eligible child attending the 

school shall be eligible to receive assistance pursuant to a State 

agency plan approved under subsection (b). 

(b) ASSISTANCE.—To carry out this section, the Secretary of 

Agriculture may approve State agency plans for temporary emergency standards of eligibility and levels of benefits under the Food 

and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households 

with eligible children. Plans approved by the Secretary may provide 

for supplemental allotments to households receiving benefits under 

such Act, and issuances to households not already receiving benefits. 

Such level of benefits shall be determined by the Secretary in 

an amount not less than the value of meals at the free rate over 

the course of 5 school days for each eligible child in the household. 

(c) MINIMUM CLOSURE REQUIREMENT.—The Secretary of Agriculture shall not provide assistance under this section in the case 

of a school that is closed for less than 5 consecutive days. 

(d) USE OF EBT SYSTEM.—A State agency may provide assistance under this section through the EBT card system established 

under section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2016). 

(e) RELEASE OF INFORMATION.—Notwithstanding any other 

provision of law, the Secretary of Agriculture may authorize State 

educational agencies and school food authorities administering a 

school lunch program under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.) to release to appropriate officials 

administering the supplemental nutrition assistance program such 

information as may be necessary to carry out this section. 

(f) WAIVERS.—To facilitate implementation of this section, the 

Secretary of Agriculture may approve waivers of the limits on 

certification periods otherwise applicable under section 3(f) of the 

Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting requirements otherwise applicable under section 5(f) of such Act (7 U.S.C. 

2014(f)), and other administrative requirements otherwise 

applicable to State agencies under such Act. 

(g) FUNDING.—The Secretary of Agriculture shall use funds 

made available under the Food and Nutrition Act of 2008 (7 U.S.C. 

2011 et seq.) to fund, with the exception of the commodities 

described in subsection (h), benefits provided under this section. 

(h) AVAILABILITY OF COMMODITIES.—During fiscal year 2010, 

the Secretary of Agriculture may utilize funds appropriated under 

section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) to purchase 

commodities for emergency distribution in any area of the United 

States during a pandemic emergency designation. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible child’’ means a child (as defined 

in section 12(d) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1760(d)) who, if not for the closure of 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2131 

the school attended by the child during a pandemic emergency 

designation and due to concerns about an influenza pandemic, 

would receive free or reduced price school meals under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 175l 

et seq.) at the school. 

(2) The term ‘‘pandemic emergency designation’’ means 

the declaration— 

(A) of a public health emergency, based on pandemic 

influenza, by the Secretary of Health and Human Services 

under section 319 of the Public Health Service Act (42 

U.S.C. 247d); or 

(B) of a domestic emergency, based on pandemic 

influenza, by the Secretary of Homeland Security. 

(3) The term ‘‘school’’ has the meaning given the term 

in section 12(d) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1760(d)). 

SEC. 747. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–181) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

SEC. 748. (a) There is hereby appropriated $350,000,000 of 

which $60,000,000 is provided for purchases of cheese and other 

dairy products under 7 U.S.C. 2036(a) and $290,000,000 is provided 

to the Secretary of Agriculture to assist dairy producers under 

section 10104 of Public Law 107–171. 

(b)(1) REGULATIONS.—The Secretary of Agriculture may promulgate such regulations as are necessary to implement this section. 

(2) PROCEDURE.—The promulgation of the implementing regulations and the administration of this section shall be made without 

regard to— 

(A) the notice and comment provisions of section 553 of 

title 5, United States Code; 

(B) the Statement of Policy of the Secretary of Agriculture 

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices 

of proposed rulemaking and public participation in rulemaking; 

and 

(C) chapter 35 of title 44, United States Code (commonly 

known as the ‘‘Paperwork Reduction Act’’). 

(3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary of Agriculture shall use the 

authority provided under section 808 of title 5, United States Code. 

SEC. 749. (a) Section 6(e)(1)(B) of the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 

by striking ‘‘2009’’ and inserting ‘‘2010’’. 

(b) Section 9(f)(5) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1758(f)(5)) is amended by striking ‘‘2009’’ 

and inserting ‘‘2010’’. 

(c)(1) Section 9(h)(3) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking ‘‘2009’’ 

and inserting ‘‘2010’’. 

(2) Section 9(h)(4) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1758(h)(4)) is amended by striking ‘‘2009’’ 

and inserting ‘‘2010’’. 

Earmarks. 


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123 STAT. 2132 PUBLIC LAW 111–80—OCT. 21, 2009 

(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 

Deadline. 

Reports. 

Deadlines. 

Reports. 

Definition. 

Children and 

youth. 

Urban and rural 

areas. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2133 

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

under this subsection. 

(5)(A) On October 1, 2009, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary to carry out this subsection $85,000,000, 

to remain available until expended. 

(B) The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this subsection the funds transferred 

under subparagraph (A), without further appropriation. 

(h)(1)(A) From the funds made available under subparagraph 

(C), the Secretary shall provide assistance through grants to State 

agencies administering the National School Lunch Program under 

the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.) with the lowest rates of children certified for free meals 

pursuant to paragraphs (4) and (5) of section 9(b) of such Act 

(42 U.S.C. 1758(b)(4); 1758(b)(5)) for the purpose of improving such 

rates. 

(B) Under the terms and conditions established by the Secretary, a State receiving grant funds under this subsection may 

use such funds to pay costs related to improving the rate of direct 

certification in such State, including the costs related to— 

(i) making technology improvements; 

(ii) providing technical assistance to local educational agencies; 

(iii) implementing a new or revised direct certification 

system in such State and in the local educational agencies 

of such State; and 

(iv) using multiple public means tested benefits programs 

for the purpose of direct certification. 

(C)(i) On October 1, 2009, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary to carry out this paragraph $22,000,000, 

to remain available until expended. 

(ii) The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this paragraph the funds transferred 

under clause (i), without further appropriation. 

(2)(A) From the funds made available under subparagraph (B), 

the Secretary shall provide technical assistance to assist States 

receiving grants under paragraph (1), and other States, as appropriate, in improving the rates of direct certification. 

(B)(i) On October 1, 2009, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary to carry out this paragraph $3,000,000, 

to remain available until expended. 

(ii) The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this paragraph the funds transferred 

under clause (i), without further appropriation. 

(i)(1) From the funds made available under paragraph (4), 

in carrying out the special supplemental nutrition program for 

women, infants, and children established by section 17 of the Child 

Nutrition Act of 1966 (42 U.S.C. 1786 et seq.) (in this subsection 

referred to as the ‘‘program’’) during fiscal year 2010, the Secretary 

shall provide performance bonus payments to State agencies that 

demonstrate— 

(A) the highest proportion of breastfed infants, as compared 

to other State agencies participating in the program; or 

Performance 

payments. 

Intergovernmental 

relations. 

Effective date. 

Effective date. 

Grants. 

Children and 

youth. 

Effective date. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2134 PUBLIC LAW 111–80—OCT. 21, 2009 

(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 

Definition. 

Deadline. 

Intergovernmental 

relations. 

Grants. 

Effective date. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–80—OCT. 21, 2009 123 STAT. 2135 

priority to schools where not less than 50 percent of the enrolled 

students are eligible for free or reduced price meals under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.). 

(E) Under the terms and conditions established by the Secretary, an eligible school food authority receiving a grant under 

this subsection shall use such funds to purchase equipment for 

schools under the jurisdiction of the school food authority— 

(i) to improve the quality of school meals, consistent with 

the goals of the most recent Dietary Guidelines for Americans 

published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); 

(ii) to improve the safety of food served in the school 

meal programs established under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) and the 

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 

(iii) to improve the overall energy efficiency of school 

foodservice operations; or 

(iv) for other purposes as established by the Secretary. 

(4) A State educational agency receiving an allocation under 

this subsection may not use more than 5 percent of such allocation 

for administrative costs associated with awarding grants to eligible 

school food authorities in accordance with this subsection. 

(5)(A) On October 1, 2009, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary to carry out this subsection $25,000,000, 

to remain available until expended. 

(B) The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this subsection the funds transferred 

under subparagraph (A), without further appropriation. 

(k)(1) The purpose of this subsection is to provide grants, on 

a competitive basis, to State agencies administering the child and 

adult care food program established under section 17 of the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1766) (referred 

to in this section as ‘‘the program’’) for the purpose of improving 

the health and nutrition of children in child care settings. 

(2) From the funds made available under paragraph (8), the 

Secretary shall award grants, on a competitive basis, to State 

agencies administering the program for the purpose of promoting 

health and nutrition improvement in child care settings. 

(3) In awarding grants under this subsection, the Secretary 

shall give priority to State agencies administering projects under 

the program that carry out each of the authorized uses of funds 

described in paragraph (7). 

(4) A State receiving a grant under this subsection shall use 

not less than 50 percent of such grant funds to award subgrants 

to institutions for the purpose of conducting the activities described 

in paragraph (6). 

(5) For the purposes of this subsection, the term ‘‘institution’’ 

has the meaning given such term in section 17(a)(2) of the Richard 

B. Russell National School Lunch Act (42 U.S.C.1766(a)(2)). 

(6) To be eligible to receive funds under this subsection, a 

State agency shall submit an application to the Secretary at such 

time, in such manner, and containing such information as the 

Secretary may require, which shall include— 

(A) a plan to improve the quality of food provided in— 

(i) child care centers; and 

Grants. 

Intergovernmental 

relations. 

Children and 

youth. 

Effective date. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2136 PUBLIC LAW 111–80—OCT. 21, 2009 

LEGISLATIVE HISTORY—H.R. 2997 (S. 1406): 

HOUSE REPORTS: No. 111–181 (Comm. on Appropriations) and 111–279 (Comm. 

of Conference). 

SENATE REPORTS: No. 111–39 (Comm. on Appropriations) accompanying S. 1406. 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

July 8, 9, considered and passed House. 

July 30, 31, Aug. 3, 4, considered and passed Senate, amended. 

Oct. 7, House agreed to conference report. 

Oct. 8, Senate agreed to conference report. 

Æ 

(ii) family or group day care homes; and 

(B) a description of— 

(i) the procedures by which the State agency will use 

the grant received under this subsection to award subgrants to institutions; and 

(ii) the criteria that the State agency will use in 

awarding such subgrants. 

(7) In addition to such other activities as the Secretary determines to be appropriate, State agencies and institutions may use 

funds provided under this subsection for activities that— 

(A) promote nutrition and physical activity in child care 

settings and that reflect the recommendations of— 

(i) the most recent version of the Dietary Guidelines 

for Americans published under section 301 of the National 

Nutrition Monitoring and Related Research Act of 1990 

(7 U.S.C. 5341); and 

(ii) the most recent scientific knowledge; 

(B) provide technical assistance and training to sponsors 

and providers of child care centers and family or group day 

care homes in implementing State or local initiatives designed 

to improve the health and nutrition of children; 

(C) perform outreach campaigns on the State or local level 

that are designed to increase access to the program in underserved areas and populations; and 

(D) make innovative use of technology to provide training 

and education to promote the nutrition, physical activity, and 

health of children. 

(8)(A) On October 1, 2009, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury shall 

transfer to the Secretary to carry out this subsection $8,000,000, 

to remain available until expended. 

(B) The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this subsection the funds transferred 

under subparagraph (A), without further appropriation. 

(l) For purposes of this section, the term ‘‘Secretary’’ means 

the Secretary of Agriculture. 

This Act may be cited as the ‘‘Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 2010’’. 

Approved October 21, 2009. 

Definition. 

Effective date. 


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