H. R. 2997—41 
(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 con-
taining 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 emer-
gency 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 Agri-
culture 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 assist-
ance 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 require-
ments 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
H. R. 2997—42 
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 Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–181) that are considered congres-
sional 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 promul-
gate such regulations as are necessary to implement this section. 
(2) PROCEDURE.—The promulgation of the implementing regula-
tions 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 car-
rying 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’’.
H. R. 2997—43 
(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 prac-
ticable; 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 Com-
mittee 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 subpara-
graph (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 para-
graph (5) to pay— 
(A) participant benefits; 
(B) the added administrative expenses incurred by partici-
pating 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
H. R. 2997—44 
(D) costs associated with soliciting, administering, moni-
toring, 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 Sec-
retary, 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 agen-
cies; 
(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 appro-
priate, 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
H. R. 2997—45 
(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 nec-
essary. 
(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 Pro-
grams’’ 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
H. R. 2997—46 
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 Sec-
retary, 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 Moni-
toring 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
H. R. 2997—47 
(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 sub-
grants 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 deter-
mines 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 under-
served 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 Appropria-
tions Act, 2010’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.