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 123STA T . 211 9PUBLIC LA W 111 –80—O CT. 21 , 2009 (PublicLaw1 1 0–329) i s a mend ed in subsec t i o n(b)b y inse r tin g att h e end the f ollowing

‘ I n carrying out this section , the S ecretary may transfer funds into e x isting or new accounts as determined by the Secretary .’ ’. S EC. 7 03. T he Secretary of A griculture may transfer unobligated balances of discretionary funds a p propriated by this Act or other a v ailable unobligated discretionary balances of the D epartment of Agriculture to the W or k ing C apital F und for the ac q uisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary ben - efit to the agencies of the Department of Agriculture: Provide d, 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 fu r th er, 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 H ouses of Congress: Provided further, That none of the funds appro- priated 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 N ational 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 R epresentatives 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. 70 5 . No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the U nited 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 institu- tions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. SEC. 70 6 . 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 Notif i ca tio n.7USC6945 .


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ⅻ of the powers of nature to that of the presiding genius of a tribe or of a place, is an easy transition, and we accordingly find that each tribe had its patron deity with the cult of which their interests were intimately bound up. The chief god of this vague national cult was Allâh, and most tribes set up a shrine for him as well as for their own particular deity. The offerings dedicated to the former were set apart for the advantage of the poor and of strangers, while those brought to the local idol were reserved for the use of the priests. If Allâh had by any chance anything better than the inferior deity, or a portion of his offerings fell into the lot of the local idol, the priests at once appropriated it; this practice is reprehended by Mohammed in the Qurʼân (Ⅵ, ver. 137).

The principal deities of the Arab pantheon were —

Allâh taʿâlah, the God most high.

Hubal, the chief of the minor deities; this was in the form of a man. It was brought from Syria, and was supposed to procure rain.

Wadd, said to have represented the heaven, and to have been worshipped under the form of a man.

Suwâʼh, an idol in the form of a woman, and believed to be a relic of antediluvian times.

Yaghû, an idol in the shape of a lion.

Yaʼûq, worshipped under the figure of a horse.

Nasr, which was, as the name implies, worshipped under the semblance of an eagle.

El ʼHuzzâ, identified with Venus, but it appears to have been worshipped under the form of an acacia tree, cf. note 2, p. 132.

Allât, the chief idol of the tribe of aqîf at Tâʼif, who endeavoured to make it a condition of surrender to Mohammed that he should not destroy it for three years, and that their territory should be considered sacred like that of Mecca, a condition which the prophet peremptorily refused. The name appears to be the feminine of Allâh.

Manât, worshipped in the form of a large sacrificial stone by several tribes, including that of Hueil.

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 123STA T . 212 0PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9obligat io nsm a de int h e cur rent f iscal y ear for the follo w ing accounts the R ural D e v elo p ment L oan F und program account , the Rural E lectrification and T elecommunication Loans program account, and the Rural H ousing I nsurance Fund program account .SEC . 70 7. O f the funds made available by this A ct, not more than $1, 8 00,000 shall be used to cover necessary e x penses of activi - ties related to all advisory committees, panels, commissions, and tas k 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. N one of the funds appropriated by this Act may be used to carry out section 4 10 of the Federal M eat Inspection Act (2 1 U .S. C . 6 7 9 a ) or section 3 0ofthe P oultry 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 assign- ment. 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 avail- able to any non-Department of Agriculture or non-Department of Health and Human Services employee q uestions or responses to questions that are a result of information requested for the appro- priations 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 B oard: Provide d , That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be trans- ferred to the Office of the Chief Information Officer without the prior approval of the Committees on Appropriations of both Houses of Congress: Provided fu r th er, That none of the funds available to the Department of Agriculture for information technology shall be obligated for pro j ects over $2 5 ,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 cur- rent 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) reorgani z es offices, programs, or activities; or Notif i ca tio ns.De a dl ines.


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 123STA T . 2121 PUBLIC LA W 111 –80—O CT. 21 , 200 9(6)contra ct s o u tor p r iv ati ze san yf unctions or activities present l y perfor m e db y F ederal employees unless t h e C ommit - tees on A ppropriations of both H ouses of Con g ress are notified 15 days in advance of such reprogramming of funds . (b) N one 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 e x penditure in the current fiscal year, or provided from any accounts in the T reasury of the U nited S tates 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 pro j ects through a re- programming of funds in excess of $ 5 0 0,000 or 10 percent, w hich- ever is less, that (1) augments existing programs, projects, or activities; ( 2 ) reduces by 10 percent funding for any existing pro- gram, 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 Con- gress 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. S EC . 7 13. 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 P resident ’ s B udget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Sub- committees on Agriculture, R ural D evelopment, 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 addi- tional 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. 71 4 . 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: Pro-vide d , 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 Con- gress from the State in which the office is located of the proposed closure or relocation and provides a report that describes the jus- tifications 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. L ouis, M issouri, outside the city or county limits of St. Louis, Missouri. Mis s our i .Deadl i n e. N o t i f i c ation. R e p orts.


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Rh LI


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 123STA T . 2122 PUBLIC LA W 111 –80—O CT. 21 , 200 9SEC.716 . Ther e is here byap pr o pria t e d$49 9 ,0 00 f ora n ya u thor - i z ed R ura lD e v elop m ent pro g ram purpose, in c ommunities suffering from e x treme outmigration and situated in areas that w ere des- ignated as part of an E mpowerment Z one pursuant to section 111 of the C ommunity Renewal Tax Relief A ct of 2 000 ( as contained in appendix G of P ublic L aw 106 –5 54 ) . SEC. 717. N one of the funds made available in fiscal year 2010 or preceding fiscal years for programs authorized under the F ood for Peace Act (7 U .S.C. 1691 et se q .) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 3 02(f)(2)(A) of the B ill Emerson H umanitarian Trust Act (7 U.S.C. 1736f–1)
 * Pro-vide

d , That any such funds made available to reimburse the Com- modity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. SEC. 71 8 . 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 ob j ectives of the natural products research grant issued by the Food and Drug Administration. SEC. 719. Funds made available under section 1240 I 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 obliga- tions 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 prepac k aged 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 pre- packaged 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 Q uality 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 W ater- shed 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 O ctober 1, 2010: Provided fu r th er, 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 s tori es .


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 123STA T . 2123 PUBLIC LA W 111 –80—O CT. 21 , 200 9Actof A ug u s t 24,1935, av a il a b l e as of S e p te m be r 3 0, 2009, are h ereb y resci nd ed . S EC. 7 22. N ot w ithstanding any other provision of law, any former RU S borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural E lectrification 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. T here is hereby appropriated $ 2, 6 00,000, to remain available until e x pended, for the construction, interim operations, and necessary demolition needs for establishment of an agricultural pest facility in the State of H awaii. SEC. 724. There is hereby appropriated $4,000,000 to the Sec- retary 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 M c G overn- D ole (section 3107 of the F arm Security and Rural I nvestment Act of 2002 (7 U.S. C. 1736o – 1)) and the Food for P eace title II (7 U.S.C. 1691 et se q .) programs
 * Provide

d , 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- k ind support from the private sector. SEC. 725. None of the funds made available to the Department of Agriculture in this Act may be used to implement the risk- based inspection program in the 30 prototype locations announced on February 22, 2007, by the Under Secretary for Food Safety, or at any other locations, until the USDA O ffice of Inspector General has provided its findings to the Food Safety and Inspection Service and the Committees on Appropriations of the House of Representa- tives 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 L os 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 pro j ects 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, Ari z ona (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 Sta t elis ti ng.


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 123STA T . 212 4PUBLIC LA W 111 –80—O CT. 21 , 200 9(2)mayfundR u r a lCo mmun it y F a c ility P ro g ram p ro je ct s oft h e Rural H ousing S er v ice and W ater and Waste D isposal Program projects of the Rural U tilities Service for communities and municipal districts and areas in Connecticut ,M assachu - setts, and Rhode I sland that filed applications for such projects w ith the appropriate Rural Development field office of the Department of A griculture prior to August 1 ,2 0 0 9, and that such projects were determined b y the field office to be eligible for funding . S EC. 7 27. T here is hereby appropriated $3 ,000,000 for section 4 404 of Public L aw 107 – 171. SEC. 72 8 . N otwithstanding 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 Con- sumer Protection, and $1,000,000 shall be for a grant to the V ermont Agency of Agriculture, Foods, and Mar k ets, as author- i z ed by section 6 402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note) (2) $3 5 0,000 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 O perations program to carry out — (1) the Alameda Creek Watershed Project in Alameda County, California; (2) the Hurricane K atrina-Related Watershed Restoration project in J ackson County, Mississippi; (3) the Pidcock-Mill Creeks Watershed project in B ucks County, Pennsylvania; (4) the Farmington River Restoration project in Litchfield County, Connecticut; (5) the Lake Oscawana Management and Restoration project in Putnam County, New Y ork; (6) the Richland Creek Reservoir in Paulding County, G eorgia; (7) the Pocasset River Floodplain Management Project in the State of Rhode Island; (8) the E ast Locust Creek Watershed Plan Revision in Missouri, including up to 100 percent of the engineering assist- ance 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; Sta t elis ti ng.


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 123STA T . 212 5PUBLIC LA W 111 –80—O CT. 21 , 200 9(12)theDryC ree kWa ter s he dp r oj e c t in the S tate o f Ca l i - fornia and (1 3 ) the U pper Clark F ork Watershed project in the State of M ontana . S EC. 7 3 0 . Section 17(r)( 5 ) of the R ichard B . R u ssell N ational School L unch A ct( 4 2 U.S.C. 17 6 6(r)(5)) is a m ended — (1) b y insertin g‘ ‘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 ‘‘ele v en’’; and (4) by inserting ‘‘Connecticut , Nevada, Wisconsin,’’ after the first instance of ‘‘States shall be’’. SEC. 731. Not w ithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Ex tension, and Education Reform Act of 1 9 9 8, 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. T he Secretary of Agriculture may authori z e a State agency to use funds provided in this Act to exceed the maximum amount of li q uid infant formula specified in 7 C.F.R. 246.10 when issuing liquid infant formula to participants. SEC. 734. (a) C HILD N UTR ITI ONP RO G R AMS .—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) COM B AT P A Y .— ‘‘(A) DE F INITION OF COMBAT PAY.— I n 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) E X CLUSION.—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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 123STA T . 212 6PUBLIC LA W 111 –80—O CT. 21 , 200 9‘ ‘ (C) C OMBATP A Y.—Forthepu rpo s eo fd eter min in g in c ome e l igi b ilit y under this section ,aS tate agency shall e x clude from income any additional payment under chapter 5 of title 37, U nited States Code, or other w ise designated by the Secretary to be appropriate for exclusion under this subparagraph, that is recei v ed by or from a member of the United States A rmed Forces deployed to a designated combat z one, 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. ’ ’. S EC . 735. T here is hereby appropriated $1, 0 00,000 for the grant program for the purpose of obtaining and adding to an anhydrous ammonia fertilizer nurse tan k 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 1 42 03 of the Food, Conservation, and E nergy Act of 200 8 (21 U.S.C. 8 6 4a). SEC. 736. N one 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 R egula- tions. SEC. 737. Agencies with j urisdiction for carrying out inter- national food assistance programs under the jurisdiction of this Act, including title I I of the Food for P eace Act and the M c G overn- D ole International Food for Education Program, shall— (1) provide to the Committees on Appropriations of the H ouse and the Senate no later than May 1, 2010, the following (A) estimates on cost-savings and programmatic effi- ciencies that would result from increased use of pre-posi- tioning of food aid commodities and processes to ensure such cargoes are appropriately maintained to prevent spoil- age; ( B ) estimates on cost-savings and programmatic effi- ciencies that would result from the use of longer-term commodity procurement contracts, the proportional dis- tribution 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 dis- tribution of commodities in recipient countries; (D) information on the fre q uency of delays in trans- porting 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-car- riers (and resulting program costs due to such delays, including impacts to program beneficiaries); Contrac t s.De a dli ne. Cost esti m ates.


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 123STA T . 212 7PUBLIC LA W 111 –80—O CT. 21 , 200 9(E)informat ionont he metho d o l o g ie s to im p ro v e inter - agen cy coordination b et w een host governments , the W orld F ood P rogram, and non-governmental organi z ation to develop more consistent estimates of food aid needs and the n u mber 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 signa- tures of the S ecretaries of A griculture, State, and T ranspor- tation; and ( 3 ) estimates and cost savings analysis for this section shall be derived from periods representative of normal program operations . S EC. 7 3 8 . There is hereby appropriated $ 2 50 ,000, to remain available until e x pended, for a grant to the K ansas Farm B ureau Foundation for wor k -force development initiatives to address out- migration in rural areas. SEC. 73 9 . There is hereby appropriated $800,000 to the Farm Service Agency to carry out a pilot program to demonstrate the use of new technologies that increase the rate of growth of re- forested hardwood trees on private non-industrial forests lands, enrolling lands on the coast of the G ulf of M exico that were damaged by H urricane Katrina in 2005. SEC. 7 4 0. (a) The C ommissioner of Food and D rugs shall estab- lish 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
 * Provide

d , That the Commissioner of Food and Drugs shall appoint individuals employed by the Food and Drug Adminis- tration to serve on the review group: Provided fu r th er, That mem- bers 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 devel- oping 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 solu- tions 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 car- rying 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. 3 6 0n(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.D e adlin es. E sta b lis hm ent. 21USC360 aa note. Reports.


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 123STA T . 212 8PUBLIC LA W 111 – 8 0—O CT. 21 , 200 9arepo r t to C o ng re s st h at d es c r ib es both the f indings and rec - o m mendations made b y the re v ie w gro u ps under subsections ( a ) and (b) ( 2 ) issue , not l ater 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 . 74 1. T here is hereby appropriated $ 2, 6 00,000 to carry out section 1621 of P ublic L aw 110 – 246 and $3,000,000 to carry out section 1613 of Public Law 110–246. SEC. 742. O f the unobligated balances provided pursuant to section 16(h)(1)( A ) of the F ood and N utrition 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 inspec- tion rule allowing processed poultry or processed poultry products to be imported into the U nited States from the People ’ s R epublic of China unless the Secretary of Agriculture formally notifies Con- gress that the D epartment will — (1) not provide any preferential consideration to any application by the People’s Republic of China for authori z ation toe x port 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 subse q uent years, to conduct such audits and reviews at least once annually or more frequently as the Sec- retary determines necessary; (3) implement a significantly increased level of port of entry re-inspection; (4) establish and conduct a formal and expeditious informa- tion 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 H ouse and Senate Committees on Appro- priations 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 ta k en or to be taken by the Secretary, including new audits and on-site reviews, to implement any poultry products inspection rule authorizing the Peo- ple’s Republic of China to export processed poultry or proc- essed 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.D e adlin es. Au dits. C erti f i c ations. P oultr y and poultry products. People ’ s Repu b lic ofC h ina. N otification. Rescission. S tandards. G uidelines.


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 123STA T . 212 9PUBLIC LA W 111 –80—O CT. 21 , 2009 RepublicofCh i na achie v e s a level of sani t a ry protection e q uivalent to that achieve d under U nited S tates standards C ) actions ta k en or to be taken by the Secretary to deter m ine w hether the administration and enforcement of the poultry and poultry products inspection system of the P eople ’ 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 con- ducted 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 incorporatin g any understandings or agreements between F S I S 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 finali z ed, the reports of any new audits and on-site reviews conducted by the Secretary, and, in addi- tion, 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 e x port poultry or poultry products to the United States and to notify the H ouse and Senate Committees on A ppropriations if the number of facilities cer- tified by the People’s Republic of China exceeds ten . (b) N one of the funds made available by this Act may be used to promulgate any proposed or final rule allowing the importa- tion into the United States of poultry slaughtered or poultry prod- ucts 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 O rder 128 66. (c) T his section shall be applied in a manner consistent with United States obligations under its international trade agreements. S EC . 7 4 4. 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 M eat Inspection Act (21 U.S.C. 603); (2) inspect horses under section 9 03 of the Federal Agri- culture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public L aw 104 – 127); or (3) implement or enforce section 3 5 2.19 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’’. Ap p licab ili ty.Pu blic i nform ation. Re cor ds . N otification. Public information. D eadline. Reports. Notice.


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 123STA T . 213 0PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9(b)Section901 ( g )( 7 )( F )o f t h e Trad e A ct of 197 4 (19 U. S. C . 2 497(g)(7)(F)) i s a m ended — (1) in the matter p receding c l a u se (i) , b y inserting ‘ ‘(including multiyear assistance) ’ ’ after ‘‘assistance’’ and (2) in clause (i), by inserting ‘‘or multiyear production losses’’ after ‘‘a production loss’’. S EC . 74 6 . (a) D E PARTM E N T OF A G R I C UL TURE A S SISTANCE DURING P AN D EMIC E MERGENC Y .—During fiscal year 2010, in any case in w hich a school is closed for at least 5 consecuti v e 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 N utrition Act of 200 8 (7 U.S.C. 2011 et se q .) 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) M INIMUM CLOSURE R E Q UIREMENT.—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)USEOFE B T 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 I NFORMATION.—Notwithstanding any other provision of law, the Secretary of Agriculture may authori z e State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School L unch 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) W AI V ERS.—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 e x ception of the commodities described in subsection (h), benefits provided under this section. (h) AVAILA B ILITY 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


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 123STA T . 2131 PUBLIC LA W 111 –80—O CT. 21 , 200 9thesc h o o la tte nd ed by the ch i ldd ur in g a p ande m ic emergency designation and due to concerns about an in f luen z a pandemic ,w ould recei v e free or reduced price school meals under the R ichard B. Russell N ational S chool L unch A ct (42U .S. C . 175 l et se q . ) at the school. (2) T he term ‘ ‘pandemic emergency designation ’ ’ means the declaration — (A) of a public health emergency, based on pandemic influenza, by the Secretary of H ealth and Human Services under section 3 1 9 of the P ublic 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. 17 60 (d)). S EC . 747. Specific pro j ects contained in the report of the Com - mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111 – 1 8 1) that are considered congres- sional earmar k s for purposes of clause 9 of rule X X I 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) RE GULATIONS .—The Secretary of Agriculture may promul- gate such regulations as are necessary to implement this section. (2) P R OCE D URE.—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 J uly 24, 1971 (36 F ed. 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 RE V IE W O F AGENC Y RULE M A K ING.—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’’. Earm ar ks.


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 123STA T . 2132 PUBLIC LA W 111 –80—O CT. 21 , 200 9(d)Section18 ( h )( 5 )o f the R ich ar d B. R us se l l N ational School L unch A ct( 42U .S. C . 1 769 (h)(5)) is a m ended by stri k in g‘ ‘2 0 09 ’ ’ 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 O ctober 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) F rom the funds made a v ailable under p aragraph (5), the Secretary shall carry out demonstration pro j ects to develop and test methods of providing access to food for children in urban and rural areas during the summer months w hen 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, q uasi-e x perimental 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 D ecember 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 E ducation and Labor of the H ouse 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) T he Secretary may use funds made available under para- graph (5) to pay— (A) participant benefits; (B) the added administrative expenses incurred by partici- pating organi z ations as a result of participating in a project under this subsection; (C) costs associated with outreach to potential participants and potential sponsoring organizations; and Deadlin e .R e ports . Deadlines. Reports. De f inition. Ch ildren and y o u th. U r b an and rural areas.


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 123STA T . 2133 PUBLIC LA W 111 –80—O CT. 21 , 200 9(D)cost s a ssoc i at edw it h so l iciti ng, ad m iniste r ing, moni - toring, and e v al u ating each demonstration p ro j ect carried out under this su b section . ( 5 )( A ) O n October 1, 20 0 9 ,outo f an y funds in the T reasury not otherwise appropriated, the S ecretary of the Treasury shall transfer to the Secretary to carry out this subsection $8 5,000,000, to remain available until e x pended. ( 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) F rom the funds made available under subparagraph ( C ), the Secretary shall provide assistance through grants to State agencies administering the N ational School L unch P rogram under the R ichard B. Russell National School Lunch Act ( 4 2 U .S.C. 1 7 51 et se q .) 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) ma k ing 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 19 6 6 (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 Perfo r manc e p a y men ts.I nter -g o v ernmenta l relat i ons. E ffective d ate. Effective date. G rants. Ch ildren and yo u th. Effective date.


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 123STA T . 213 4PUBLIC LA W 111 –80—O CT. 21 , 200 9(B)thegr e a te s t imp r ov eme n t in proportion o fb reastfe d infants , as c ompared to other S tate agencies participating in the program . ( 2 ) I n providing performance bon u spa y ments to State agencies under this subsection, the Secretary sha l l 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) O n October 1, 2 0 0 9, out of any funds in the T reasury not other w ise 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) F rom the funds made available under paragraph (5), the Secretary shall ma k e payments to State educational agencies to award grants to eligible school food authorities for the purchase ofe q uipment for schools under the jurisdiction of such authorities. (2)(A) P ayments under paragraph (1) shall be allocated to State educational agencies in a manner proportional with each agency’s administrative e x pense allocation under section 7 (a)(2) of the C hild N utrition Act of 19 6 6 (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 1 8 0 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 L unch Program established under the R ichard 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 Defin i t i o n . De adl ine. I nte r-g o v ern m ental relation s . G rants. E ffe c tive date.


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 123STA T . 213 5PUBLIC LA W 111 –80—O CT. 21 , 200 9prio ri ty to sch oo l s w h e re n ot less th a n 50 percent o f the enrolle d st u dents are eli g i b le for free or reduced price m eals under the R ichard B. Russell N ational S chool L unch A ct (42U .S. C . 17 51 et se q . ) . ( E ) Under the terms and conditions established by the Sec - retary , an eligible school food authority recei v ing a grant under this subsection shall use such funds to purchase equipment for schools under the j urisdiction of the school food authority — (i) to improve the quality of school meals, consistent with the goals of the most recent D ietary G uidelines for Americans published under section 3 01 of the National Nutrition M oni- toring and Related Research Act of 1 9 90 (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 19 6 6 (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) O n October 1, 2009, out of any funds in the T reasury 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 e x pended. (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) F rom 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) I n awarding grants under this subsection, the Secretary shall give priority to State agencies administering projects under the program that carry out each of the authori z ed 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.I nt e r -gov ern m enta l relat i ons. Ch il d ren and y o u th. Ef fe c tive date.


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 123STA T . 213 6PUBLIC LA W 111 –80—O CT. 21 , 200 9LEGIS L AT I V E H IST ORY— H . R. 29 9 7( S. 1406): HO U SE RE P ORTS: Nos . 111 – 1 8 1( C o m m.o n A p p r opr iat ions) an d 111–279 (Comm. o f Conf e ren c e). SENATE REPORTS: No. 111– 3 9 (Comm. on Appropriations) accompan y in g S. 1406. CONGRESSIONAL RECOR D, Vo l .1 5 5 (2009): Ju ly 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. (i i )fam i lyorg ro upd ay c ar eh ome s; a n d ( B ) a descrip t ion of — (i) the procedures b y w hich the S tate agency will use the grant recei v ed under this subsection to award sub - grants to institutions; and (ii) the criteria that the State agency will use in awarding such subgrants . ( 7 ) I n 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 D ietary G uidelines for Americans published under section 301 of the N ational Nutrition M onitoring and R elated Research Act of 1 9 90 (7 U .S. C . 5 3 4 1); and (ii) the most recent scientific k nowledge; (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) O n October 1, 2 009, out of any funds in the T reasury 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 e x pended. (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) F or 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’’. Approved October 21, 2009. Defin i t i o n .E ffe c ti v e da te.


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 123STA T . 213 7PUBLIC LA W 111 –8 1 —O CT. 22 , 2 0 0 9PublicLaw1 11 –8 1 111 thCongres s A n Act Toamendti t l e 38,U nited S tate sC ode, to pr o v ide advan c e appropriations a u t h orit yf or certain accounts of the D epartment of V eterans A ffairs, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ V ete r a n s H ea l th C are Bu d g et R e fo rm and Trans p arency Act of 20 0 9’ ’ . SEC. 2 . P RESI D ENT ’ S BU D G ET SUB M ISSION. S ection 1 10 5( a ) of title 3 1 ,U nited States Code, is amended by adding at the end the follo w ing new paragraph ‘‘(3 6 ) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following medical care accounts of the Vet - erans Health Administration, D epartment of Veterans Affairs account: ‘‘(A) M edical Ser v ices. ‘‘(B) Medical Support and Compliance. ‘‘(C) Medical F acilities.’’. SEC. 3 . A D V ANCE APPROPRIATIONS F OR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) INGE NE RAL . — Chapter 1 of title 3 8, United States Code, is amended by inserting after section 116 the following new section: ‘ ‘ §1 1 7.Advance a p p ro pr i a t ion sf or certain m edica l care acco u nts ‘‘(a) IN GENERAL.—For each fiscal year, beginning with fiscal year 2011, discretionary new budget authority provided in an appro- priations Act for the medical care accounts of the Department shall— ‘‘(1) be made available for that fiscal year and ‘‘(2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. ‘‘(b) ESTIM ATES RE QU IRE D .—The Secretary shall include in docu- ments submitted to Congress in support of the P resident’s budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the medical care accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. ‘‘(c) MEDI C AL CARE ACC O UNTS.—For purposes of this section, the term ‘medical care accounts of the Department’ means the Defin i t i o n .38USC10 1 note. V ete ra n sH ea l t h Care Budg et R efor m and T rans p aren cyA ct of 2 00 9 . O ct. 22 , 2009 [ H.R. 101 6]


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 123STA T . 213 8PUBLIC LA W 111 – 81 —O CT. 22 , 2 0 0 9fol lo wingmed i ca lca r e acco u n ts oft h e V eterans H ealth A dministra - tion ,D e p artment of Veterans Affairs account

‘ (1)M edical S er v ices . ‘‘( 2 ) Medical Support and C ompliance. ‘‘( 3 ) Medical F acilities. ‘‘(d) A N N UALREPORT . —N ot later than J ul y 31 of each year, the Secretary shall su b mit to Congress an annual report on the sufficiency of the Department ’ s resources for the ne x t fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the wor k load and demand data for that fiscal year.’’. (b) CLER IC ALA M EN D MENT.— T he table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 113 the following new line: ‘ ‘ 1 1 7.Advance a p p ro pr i a t ion sf or certain m edica l care acco u nts. ’ ’. SEC.4 .C OMPTR O L LER G E N ER A LRE VI E W O F T H E ACC U RAC Y OF VA ME D ICAL CARE B UDGET SUBMISSION IN RELATION TO BASE - LINE HEALTH CARE MODEL PRO J ECTION. (a) RE V IE W O F ACCURAC Y OF MEDICAL CARE B UD G ET SU B MI S - SION.—The Comptroller G eneral shall conduct a review of each budget of the P resident for a fiscal year that is submitted to Congress pursuant to section 11 05 (a) of title 31 in order to assess whether or not the relevant components of the amounts re q uested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 11 7 (c) of title 3 8, U nited States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the E nrollee Health Care Pro j ection Model, or other methodologies used by the Department. (b) REPORTS.— (1) I N GENERAL.—Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropria- tions, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a). (2) ELEMENTS.—Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) An assessment of the review conducted under sub- section (a). (B) The basis for such assessment. (C) Such additional information as the Comptroller General determines appropriate. 38USC1 1 7note.


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Page:United States Statutes at Large Volume 123.djvu/2159

 123STA T . 213 9PUBLIC LA W 111 –8 1 —O CT. 22 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 10 1 6( S. 423): HO U SE RE P ORTS: No . 111 – 1 7 1( C o m m.o n V et e ra n s’ A f fa i rs). SENATE REPORTS: No. 111–41 (Comm. on Veterans’ Affairs) a c com p an y in g S. 423. CONGRESSIONAL RECOR D, Vo l .1 5 5 (200 9 ): Ju ne 23, consi d ered and passed House. Aug. 6, considered and passed Senate, amended, in lieu of S. 423. Oct. 8 , House concurred in Senate amendment w it h an amendment pursuant to H. Res. 804. Oct. 13, Senate concurred in House amendment. DAILY CO M PILATION O F PRESIDENTIAL DOCUMENTS (2009): Oct. 22, Presidential remar k s. (3)AVAIL A B ILI TY T O T HEPU BLI C.—Eachrepo r tsubmi tte d u n der this subsection sha l lalsobemadea v ailable to the public. Approved O ctober 2 2, 2 0 0 9.


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Page:United States Statutes at Large Volume 123.djvu/2160

 123STA T . 21 40PUBLIC LA W 111 –8 2 —O CT. 2 6, 200 9PublicLaw1 11 –82 111 thCongres s A n Act Toauth o rizem a j or me d i c a lf acilit y lea s es for the D e p artme n tof V eterans A ffairs for fiscal year 201 0, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.AU T H O R I Z ATION O F FISCA LY EAR 20 10 M A J OR ME D ICAL FACILITY LEASES. (a)INGE NE RAL.—TheS e cr e t ar yofV etera nsA ffa i rs m ay carry o u tthefo l lo w in g fiscal year 201 0ma j or me d ical facility leases at the locations s p ecified , in an amount not to e x ceed the amount shown for that location (1) Anderson, South C arolina, O utpatient Clinic, in an amount not to exceed $4, 7 74,000. (2) Atlanta, Georgia, Specialty Care Clinic, in an amount not to exceed $ 5 ,172,000. ( 3 ) B a k ersfield, California, Community Based Outpatient Clinic, in an amount not to exceed $3,4 6 4,000. (4) Birmingham, Ala b ama, Annex Clinic and P arking Garage, in an amount not to exceed $6,27 9 ,000. (5) Butler, Pennsyl v ania, H ealth Care Center, in an amount not to exceed $16,4 8 2,000. (6) Charlotte, N orth Carolina, Health Care Center, in an amount not to exceed $30,457,000. (7) F ayetteville, North Carolina, Health Care Center, in an amount not to exceed $23,487,000. (8) Huntsville, Alabama, Outpatient Clinic E xpansion, in an amount not to exceed $4,374,000. (9) K ansas City, Kansas, Community Based Outpatient Clinic, in an amount not to exceed $4,418,000. (10) L oma Linda, California, Health Care Center, in an amount not to exceed $31,154,000. (11) M cAllen, Texas, Outpatient Clinic, in an amount not to exceed $4,444,000. (12) Monterey, California, Health Care Center, in an amount not to exceed $11,628,000. (13) Montgomery, Alabama, Health Care Center, in an amount not to exceed $9,943,000. (14) Tallahassee, Florida, Outpatient Clinic, in an amount not to exceed $13,165,000. (15) W inston - Salem, North Carolina, Health Care Center, in an amount not to exceed $26,986,000. (b) A UTHO R IZ ATION O F A P PROPRIATION S .—There is authori z ed to be appropriated to the Secretary of Veterans Affairs for fiscal year 2010 or the year in which funds are appropriated for the Oct.26, 2 0 0 9[S . 17 17 ]


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 123STA T . 21 4 1 PUBLIC LA W 111 –8 2 —O CT. 2 6, 2 0 0 9LEGIS L AT I V E H IST ORY— S .17 17
 * C

O N GRESSIONAL RECOR D, V ol .1 5 5 (20 0 9) S ept . 25, c o nsid e r ed a nd passed Senate. Oct. 7, considered and passed Ho u se. MedicalF acili t ie s acc oun t $196,2 2 7, 0 00 f o r t h e leases authori z ed in su b section ( a ).Ap pro v ed O ctober 26, 2009.


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Page:United States Statutes at Large Volume 123.djvu/2162

 123STA T . 21 4 2 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9PublicLaw1 11 –83 111 thCongres s A n Act Making a p p ro pria t ion sf ort heD epart m ent of H ome l an dS e cu rit y for the fiscal year ending Septem b er 30,2 0 1 0, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,That th efol lo wingsum sa r ea p propriate d, out of an y money in the Treasury not otherwise appropriated, for the D epartment of H omeland S e c u - rity for the fiscal year ending Septem b er 30, 2 0 1 0, and for other purposes, namely T I T LE I DE PAR T M E N TAL MANA G EMENT AND O PERATIONS O F F ICEO F TH E SEC R ET A R Y A ND E X EC U TI V E MANA G E M ENT F or necessary e x penses of the Office of the Secretary of Home- land Security, as authori z ed by section 102 of the Homeland Secu- rity Act of 2002 (6U. S. C . 112 ) , and executi v e management of the Department of Homeland Security, as authorized by law, $ 1 47, 8 18,000: P rovided, That not to exceed $60,000 shall be for official reception and representation expenses, of which $20,000 shall be made available to the Office of Policy solely to host V isa W aiver Program negotiations in Washington, DC: Provided further, That $1 5 ,000,000 shall not be available for obligation for the Office of Policy until the Secretary submits an expenditure plan for the Office of Policy for fiscal year 2010: Provided further, That all official costs associated with the use of government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Sec- retary and the Immediate Office of the Deputy Secretary. OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $254,1 9 0,000, of which not less than $1,000,000 shall be for logistics training and of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, $5,500,000 shall remain available until expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consoli- date Department head q uarters operations at the Nebras k a Avenue Expenditur e p la n .D epart m ent ofH omeland S e c urit yA ppropriation s Act ,201 0. O ct. 2 8, 200 9[ H. R . 2892 ]


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Page:United States Statutes at Large Volume 123.djvu/2163

 123STA T . 21 4 3 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9Complex;and$17, 1 3 1, 0 00 sh all r ema i na v aila b le u n t il expended f or the H uman R esour c es I nformation T echnolo gy program .OF F ICEO F TH E CHIEF F I NA NCIA L OFFICE R For necessary expenses of the Office of the Chief Financial Officer, as authori z ed by section 103 of the Homeland S ecurity A ct of 2 002 (6U .S.C. 113 ) , $60, 5 30,000, of w hich $11,000,000 shall remain available until expended for financial systems consolidation efforts
 * Provide

d, That of the total amount made available under this heading, $5,000,000 shall not be obligated until the Chief Financial Officer or an individual acting in such capacity submits a financial management improvement plan that addresses the rec - ommendations outlined in the D epartment of Homeland Security Office of Inspector G eneral report OIG – 0 9 –72, including yearly measurable milestones, to the Committees on Appropriations of the Senate and the House of Representatives: Provided fu r th er, That the plan described in the preceding proviso shall be submitted not later than J anuary 4, 2010. OFFICE OF THE CHIEF INFOR M ATION OFFICER For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), and Department-wide technology invest- ments, $33 8 ,393,000; of which $86,912,000 shall be available for salaries and expenses; and of which $251,481,000, to remain avail- able until expended, shall be available for development and ac q uisi- tion of information technology equipment, software, services, and related activities for the Department of Homeland Security: Pro - vided, That of the total amount appropriated, not less than $82,788,000 shall be available for data center development, of which not less than $38,540,145 shall be available for power capabilities upgrades at Data Center One ( N ational Center for Critical Informa- tion P rocessing and Storage): Provided further, That the Chief Information Officer shall submit to the Committees on Appropria- tions of the Senate and the House of Representatives, not more than 60 days after the date of enactment of this Act, an expenditure plan for all information technology acquisition pro j ects that: (1) are funded under this heading; or (2) are funded by multiple compo- nents of the Department of Homeland Security through reimburs- able agreements: Provided further, That such expenditure plan shall include each specific project funded, k ey milestones, all funding sources for each project, details of annual and lifecycle costs, and projected cost savings or cost avoidance to be achieved by the project. ANAL YS IS AN D O P ERATIONS For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of which not to exceed $5,000 shall be for official reception and representation expenses; and of which $190,862,000 shall remain available until September 30, 2011: Provided, That none of the funds provided in this or any other Act shall be available to commence operations of the National Immigration Information Sharing Operation or any follow-on entity until the Secretary certifies that such program Certif i ca ti on.N otification. D ea dl ine. Exp endit u re plan. Deadline. F inancial plan.


text: Dictionary of National Biography, 1885-1900/Moore, David


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Page:United States Statutes at Large Volume 123.djvu/2164

 123STA T . 21 4 4 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9compliesw i tha lle x isti ng laws , incl ud ing all applica b lep r i v ac y and civil liberties standards, the C omptroller G eneral o f the U nited S tates notifies the Committees on A ppropriations of the Senate and the H ouse of R epresentatives and the Secretary that the Comp - troller has reviewed such certification, and the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives of all funds to be expended on operations of the N ational I mmigration Information Sharing O peration or any follow-on entity pursuant to section 503 of this Act . O F F ICEO F TH E F E D E RAL COORDI N ATOR FOR G U LF COA S T RE B UILDIN G For necessary expenses of the Office of the Federal Coordinator for Gulf Coast Rebuilding, $2 ,000,000. OFFICE OF INS P ECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978( 5 U.S.C. App. ) , $113,87 4 ,000, of which not to exceed $150,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. T IT LE II SECURIT Y , ENFORCE M ENT, AN D IN V ESTIGATIONS U.S. CUSTO M S AND B ORDER P ROTECTION SALARIES AND E X PENSES For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens purchase and lease of up to 4,500 (4,000 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,0 6 4,713,000, of which $3,226,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for official reception and representation expenses; of which not less than $309,629,000 shall be for Air and Marine Operations; of which such sums as become available in the Customs User Fee Account, except sums sub j ect to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; and of which not more than $800,000 shall be for procurement of portable solar charging rechargeable battery systems
 * Provide

d, That for fiscal year 2010, Det e rmina ti o n .


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302 LII

THAT WORD 'NEVER'


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Page:United States Statutes at Large Volume 123.djvu/2165

 123STA T . 21 45PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9theov e r t im e l imit a tio np re sc ri b e d in section 5( c ) ( 1 )o f the A ct of F ebr u ar y 1 3, 1 9 11 (19 U.S . C . 267 (c)(1)) shall be $ 35, 0 00 and not w ithstandin g any other provision of law, none of the funds appropriated by this Act may be available to compensate any employee of U.S. Customs and B order P rotection for overtime, from whatever source, in an amount that e x ceeds such limitation, except in individual cases determined by the Secretary of H omeland Secu - rity, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigra- tion emergencies
 * Provide

d fu r th er, T hat of the total amount pro- vided, $1,700,000 shall remain available until September 30, 2011, for the G lobal Advanced Passenger I nformation / Passenger N ame R ecord Program. AUTOM AT I O N MO DER NI Z ATION For expenses for U.S. Customs and Border Protection auto- mated systems, $ 4 22,445,000, to remain available until expended, of which not less than $227,960,000 shall be for the development of the Automated Commercial E nvironment: Provided, That of the total amount made available under this heading, $50,000,000 may not be obligated for the Automated Commercial Environment pro- gram until 30 days after the Committees on Appropriations of the Senate and the House of Representatives receive a report on the results to date and plans for the program from the D epartment of Homeland Security. B ORDER S E C URIT YF ENCIN G , INFRASTRUCTURE, AND TEC H NO L OGY For expenses for border security fencing, infrastructure, and technology, $ 8 00,000,000, to remain available until expended: Pro - vided, That of the total amount made available under this heading, $75,000,000 shall not be obligated until the Committees on Appro- priations of the Senate and the House of Representatives receive and approve a plan for expenditure, prepared by the Secretary of Homeland Security, reviewed by the Government Accountability O ffice, and submitted not later than 90 days after the date of the enactment of this Act, for a program to establish and maintain a security barrier along the borders of the United States, of fencing and vehicle barriers where practicable, and of other forms of tactical infrastructure and technology, that includes — (1) a detailed accounting of the program ’ s implementation to date for all investments, including technology and tactical infrastructure, for funding already expended relative to system capabilities or services, system performance levels, mission benefits and outcomes, milestones, cost targets, program management capabilities, identification of the maximum invest- ment, including life-cycle costs, related to the Secure Border Initiative program or any successor program, and description of the methodology used to obtain these cost figures; (2) a description of how specific pro j ects will further the objectives of the Secure Border Initiative, as defined in the Department of Homeland Security Secure Border Plan, and how the expenditure plan allocates funding to the highest pri- ority border security needs; (3) an explicit plan of action defining how all funds are to be obligated to meet future program commitments, with the planned expenditure of funds lin k ed to the milestone-based Expenditur e p la n .D eadline. Deadline. R ep o rt s .


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 123STA T . 21 46PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9deliv e ryofsp e c ific c a pa b ili t ies , services, perfor m a n ce levels, mission benefits and o u tcomes, and pro g ram management capabilities an identification of staffing, including full - time e q uiva- lents, contractors, and detailees, by program office; ( 5 ) a description of h o w the plan addresses security needs at the N orthern border and ports of entry, including infrastruc- ture, technology, design and operations requirements, specific locations where funding would be used, and priorities for Northern border activities; ( 6 ) a report on budget, obligations and e x penditures, the activities completed, and the progress made by the program in terms of obtaining operational control of the entire border of the U nited S tates; ( 7 ) a listing of all open G overnment A ccountability O ffice and Office of I nspector General recommendations related to the program and the status of D epartment of H omeland Secu- rity actions to address the recommendations, including mile- stones to fully address such recommendations; ( 8 ) a certification by the C hief P rocurement Officer of the Department including all supporting documents or memoranda, and documentation and a description of the investment review processes used to obtain such certifications, that — (A) the program has been reviewed and approved in accordance with the investment management process of the Department, and that the process fulfills all capital planning and investment control requirements and reviews established by the Office of M anagement and B udget, including as provided in Circular A –1 1, part 7; (B) the plans for the program comply with the F ederal acquisition rules, requirements, guidelines, and practices, and a description of the actions being ta k en to address areas of non-compliance, the risks associated with such actions, together with any plans for addressing these risks, and the status of the implementation of such actions; and (C) procedures to prevent conflicts of interest between the prime integrator and ma j or subcontractors are estab- lished and that the Secure Border Initiative Program Office has adequate staff and resources to effectively manage the Secure Border Initiative program and all contracts under such program, including the exercise of technical oversight; ( 9 ) a certification by the Chief Information Officer of the Department including all supporting documents or memoranda, and documentation and a description of the investment review processes used to obtain such certifications that— (A) the system architecture of the program has been determined to be sufficiently aligned with the information systems enterprise architecture of the Department to mini- mi z e future rework, including a description of all aspects of the architectures that were or were not assessed in making the alignment determination, the date of the align- ment determination, and any known areas of misalignment together with the associated risks and corrective actions to address any such areas; (B) the program has a risk management process that regularly and proactively identifies, evaluates, mitigates,
 * (4)


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Page:United States Statutes at Large Volume 123.djvu/2167

 123STA T . 21 47PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9andmo n it o rs ris k st h ro ug hout th e s y stem l i f e -c ycle and communicates high-risk conditions to U.S. C ustoms and B order P rotection and D e p artment of H omeland Security in v estment decision-makers , as w ell as a listing of all the program ’ s high risks and the status of efforts to address such risks and ( C ) an independent verification and validation agent is currently under contract for the pro j ects funded under this heading; ( 10 ) a certification b y the Chief Human Capital O fficer of the Department that the human capital needs of the Secure Border I nitiative program are being addressed so as to ensure ade q uate staff and resources to effectively manage the Secure Border Initiative; and (11) an analysis by the Secretary for each segment, defined as not more than 1 5 miles, of fencing or tactical infrastructure, of the selected approach compared to other, alternative means of achieving operational control, including cost, level of oper- ational control, possible unintended effects on communities, and other factors critical to the decisionmaking process
 * Provide

d fu r th er, T hat the Secretary shall report to the Committees on A ppropriations of the Senate and the House of R epresentatives on the progress of the program, and obligations and e x penditures for all outstanding task orders, as well as specific objectives to be achieved through the award of current and remaining task orders planned for the balance of available appropriations, at least 15 days before the award of any task order requiring an obligation of funds in an amount greater than $2 5,000,000 and before the award of a task order that would cause cumulative obligations of funds to exceed 50 percent of the total amount appropriated: Provided further, That none of the funds made available under this heading may be obligated unless the Department has complied with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1 9 9 6 ( 8 U.S.C. 110 3 note), and the Secretary certifies such to the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That none of the funds made available under this heading may be obligated for any project or activity for which the Secretary has exercised waiver authority pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days have elapsed from the date of the publication of the decision in the F ederal Register. AIR A NDM ARIN E IN T ERDI C TI O N,O P ERATION S , MAINTENANCE, AND PROC U REMENT For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, Waiver a utho rit y.D ea dl i n e. F ederal R e g i s ter ,p u b li c ation. C erti f ication. Reports. Deadline.


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 123STA T . 21 48PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9andloc ala ge nc i e s ino th e r la w en f orce m ent and emergenc y h u mani - tarian efforts ,$519, 826 , 0 00, to remain a v aila b le until e xp ended
 * Provide

d, T hat no aircraft or other related e q uipment, with the exception of aircraft that are one of a k ind and have been identified as excess to U.S. C ustoms and B order P rotection requirements and aircraft that have been damaged beyond repair, shall be trans- ferred to any other F ederal agency, department, or office outside of the D epartment of H omeland Security during fiscal year 2010 without the prior approval of the Committees on A ppropriations of the Senate and the House of R epresentatives. CONSTRU CT I ON A N DF ACI L ITI E S M ANA G EMENT For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administra- tion and enforcement of the laws relating to customs, immigration, and border security, $ 3 19,5 7 0,000, to remain available until expended of which $39,700,000 shall be for constructing and equip- ping the Advanced Training Center; and of which not more than $3,500,000 shall be for acquisition, design, and construction of U.S. Customs and Border Protection Air and M arine facilities at E l Paso I nternational Airport, Texas: Provided, That for fiscal year 2011 and thereafter, the annual budget submission of U.S. Customs and Border Protection for ‘ ‘Construction and Facilities Management ’ ’ shall, in consultation with the G eneral Services Administration, include a detailed 5-year plan for all Federal land border port of entry pro j ects with a yearly update of total projected future funding needs delineated by land port of entry. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT SALARIES AND E XP ENSES For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and pur- chase and lease of up to 3,790 ( 2,350 for replacement only ) police- type vehicles; $5,3 4 2,134,000, of which not to exceed $7,500,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and anti-child exploitation activities; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and N ationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided, That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Pro - vided fu r th er, That of the total amount provided, $15,770,000 shall Child l abor.W ai ve ra ut horit y . P la ns. D eadline. 6US C 214 note.


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 123STA T . 21 49PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 09 beforactiv itie s i n fisca ly ear 201 0 to enforce la w sa g ainst force d c h ild labor , of which not to e x ceed $6 ,000,000 shall re m ain available u ntil ex p ended
 * Provide

d fu r th er, T hat of the total amount available, not less than $1, 5 00,000,000 shall be available to identify aliens convicted of a crime who may be deportable, and to remove them from the U nited S tates once they are j udged deportable, of which $200,000,000 shall remain available until September 3 0, 2011: Pro - vided further, That the Secretary, or the designee of the Secretary, shall report to the C ommittees on A ppropriations of the Senate and the H ouse of R epresentatives, not later than 4 5 days after the end of each q uarter of the fiscal year, on progress in imple - menting the preceding proviso and the funds obligated during that quarter to ma k e that progress: Provided further , That the Secretary shall prioriti z e the identification and removal of aliens convicted of a crime by the severity of that crime: Provided further, That funding made available under this heading shall maintain a level of not less than 33,400 detention beds through September 30, 2010: Provided further, That of the total amount provided, not less than $2,545,1 8 0,000 is for detention and removal operations, including transportation of unaccompanied minor aliens: Provided further, That of the total amount provided, $ 7 ,300,000 shall remain avail- able until September 30, 2011, for the V isa Security P rogram: Provided further, That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287 ( g ) of the I mmigration and N ationality Act (8 U . S.C. 1357(g)) if the D epartment of Homeland Security Inspector G eneral determines that the terms of the agree- ment governing the delegation of authority have been violated: Provided further, That none of the funds provided under this heading may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘ ‘ade- quate ’ ’ or the equivalent median score in any subsequent perform- ance evaluation system: Provided further, That nothing under this heading shall prevent U.S. Immigation and Customs E nforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining to aliens convicted of a crime: Provided further, That none of the funds provided under this heading may be obligated to collocate field offices of U.S. Immigration and Customs Enforcement until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a plan for the nationwide implementation of the Alternatives to Detention Program that identifies: (1) the funds required for nation- wide program implementation (2) the timeframe for achieving nationwide program implementation; and (3) an estimate of the number of individuals who could be enrolled in a nationwide pro- gram. AUTOM AT I O N MO DER NI Z ATION ( IN CL UDIN G TRAN SF ER OF FUNDS )F or expenses of immigration and customs enforcement auto- mated systems, $ 9 0,000,000, to remain available until expended: Provided, That of the funds made available under this heading, Expenditur e p la n .Im plementati o n plan. C ontra c t s . D etermination. Detention b eds. A liens. R eports. Deadlines. Aliens.