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 123STA T . 2 087PUBLIC LA W 111 – 7 9—O CT. 19 , 2009 (3)insect i o n3 127 (2)( A ) ,by st r i k in g‘ ‘ hav ing ju ris d iction over the o f fense being investigated ’ and inserting the fo l lo w ing ‘‘that — ‘‘(i) has jurisdiction over the offense being inves - tigated; ‘‘(ii) is in or for a district in which the p rovider of a wire or electronic co m munication service is located; ‘‘(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 312 4 of this title is located; or ‘‘(iv) is acting on a re q uest for foreign assistance pursuant to section 3 5 12 of this title;’’; (4) in chapter 223, by adding at the end the following: ‘ ‘ §3512.Foreign re qu e st s f or a ssistan c eincri m ina l in v estiga - tions an dp rosecutions ‘‘(a) EXECUTION O FR E Q UE S TFO R ASSIST A NCE . — ‘‘(1) I N G ENERA L .— U pon application, duly authori z ed by an appropriate official of the D epartment of J ustice, of an attorney for the G overnment, a F ederal judge may issue such orders as may be necessary to e x ecute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. ‘‘(2) S CO P EOFOR D ERS.—Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of— ‘‘(A) a search warrant, as provided under Rule 41 of the Federal Rules of C riminal P rocedure; ‘‘( B ) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 27 0 3 of this title; ‘‘(C) an order for a pen register or trap and trace device as provided under section 3123 of this title; or ‘‘(D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. ‘‘(b) APPOINT M ENT OF PERSONS T OTA K E TESTIMON Y OR STATE- MENTS.— ‘‘(1) IN GENERAL.—In response to an application for execu- tion of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or state- ments or of the production of documents or other things, or both. ‘‘(2) AUT H ORITY OF APPOINTED PERSON.—Any person appointed under an order issued pursuant to paragraph (1) may— ‘‘(A) issue orders requiring the appearance of a person, or the production of documents or other things, or both; ‘‘(B) administer any necessary oath; and ‘‘(C) take testimony or statements and receive docu- ments or other things.


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Page:United States Statutes at Large Volume 123.djvu/2108

 123STA T . 2 08 8 PUBLIC LA W 111 –79—O CT. 19 , 2009 ‘ ‘ (c)FIL I NGOFREQU E ST S .—Ex c eptas p rovid ed un der su b section (d) , an app l ication f or execution of a re q uest fro m a forei g n aut h orit y under this section may be filed— ‘‘( 1 ) in the district in w hich a person who may be required to appear resides or is located or in which the documents or things to be produced are located ‘‘( 2 ) in cases in which the request see k s the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located; or ‘‘( 3 ) in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the D istrict of C olumbia. ‘‘(d) S E ARCHW ARRANT L I M ITATION.— A n application for execu - tion of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2 70 3 of this title, shall be filed in the district in which the place or person to be searched is located. ‘‘(e) SEARCH WARRANT STAN D ARD.—A Federal j udge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the U nited States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. ‘‘(f) SER V ICE OF O RDER OR WARRANT.—Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. ‘‘(g) RULE OF CONSTRUCTION.— N othing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 17 8 2 of title 28, United States Code. ‘‘(h) DEFINITIONS.—As used in this section, the following defini- tions shall apply ‘‘(1) FEDERAL J UDGE.— T he terms ‘Federal judge ’ and ‘attorney for the G overnment’ have the meaning given such terms for the purposes of the Federal Rules of Criminal P roce- dure. ‘‘(2) FOREIGN AUTHORIT Y .—The term ‘foreign authority’ means a foreign judicial authority, a foreign authority respon- sible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.’’; and

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Page:United States Statutes at Large Volume 123.djvu/2109

 123STA T . 2 089PUBLIC LA W 111 –7 9 —O CT. 19 , 2009 LEGIS L AT I V E H IST ORY— S .1289:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 09 ) Ju l y 10, c o nsider ed a nd p assed Sena t e. Sept. 3 0, considered and passed House. (5)inthe t abl e ofs e c tions fo r cha p ter 2 2 3, b y a d din g at the end the follo w ing

‘3512. F orei g nre q uests f or assistance in cri m inal in v estigations and prosecutions. ’ ’. A ppro v ed O ctober 19 ,2 0 09.


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Page:United States Statutes at Large Volume 123.djvu/2110

 123STA T . 2 09 0 PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 PublicLaw1 11 –80 111 thCongres s A n Act Making a p p ro pria t ion sf or A gri cul tur e,R ural D e v elop m ent, F oo d and Drug Adminis - tration, and Related Agencies programs for t h e fiscal y ear ending S eptem 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 A gri c ulture, R ural D e v elopment, F ood and Drug Administration, and Related Agencies programs for the fiscal year ending S eptem b er 30, 2 0 1 0, and for other pur - poses, namely T I T LE I A G RI CU LTURAL P R O GRA M S P RODUCTI O N , PROC ES SIN GA ND MAR K ETING O F FICE OF T H E SECRETAR Y For necessary e x penses of the Office of the Secretary of Agri- culture, $5 ,2 8 5,000: P rovided, That not to exceed $11,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Sec- retary . OFFICE OF TRI B A L RELATIONS For necessary expenses of the Office of Tribal Relations, $1,000,000, to support communication and consultation activities with Federally Recogni z ed Tribes, as well as other re q uirements established by law. E X ECUTI V EO P ERATIONS OFFICE OF THE CHIEF ECONO M IST For necessary expenses of the Office of the Chief Economist, $13,032,000. NATIONAL APPEALS DIVISION For necessary expenses of the N ational Appeals Division, $15,25 4 ,000. Agricult ur e,R ur a l D e v el opm e n t, F oo d and Drug Admini s tration, and Related Agencies Appropriations Act, 201 0 .O ct. 21, 200 9[H .R. 299 7]


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Page:United States Statutes at Large Volume 123.djvu/2111

 123STA T . 2 09 1 PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 OF F ICE OF BUDG E TAN D PR OGRA M ANA LYS IS Fornec e s s a r y e xp enses o fth e O ff i ce of Budg et and P rogra mA na l ysis ,$9, 436 , 0 00 . OFFICE OF H OMELAND SECURITY For necessary expenses of the Office of H omeland S ecurity, $ 1, 85 9,000. OFFICE OF AD V OCACY AND OUTREACH For necessary expenses of the Office of Ad v ocacy and Outreach, $1, 7 00,000. OFFICE OF THE C HIEF I NFORMATION OFFICER For necessary expenses of the Office of the Chief Information Officer, $61,579,000. OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Financial Officer, $6,566,000
 * Provide

d, T hat no funds made availa b le by this appropriation may be obligated for FAI R Act or Circular A – 76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and G overnment Reform of the House of Representa - tives a report on the D epartment ’ s contracting out policies, including agency budgets for contracting out. OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $895,000. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $ 2 3,922,000. OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION For necessary expenses of the Office of the Assistant Secretary for Administration, $806,000. AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS ( INCLUDING TRANSFERS OF FUNDS ) For payment of space rental and related costs pursuant to Public L a w 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U .S.C. 486, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and Reports.


text: Dictionary of National Biography, 1885-1900/Moore, Charles (1603-1643)


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Page:United States Statutes at Large Volume 123.djvu/2112

 123STA T . 2 09 2 PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 forthe o p er a t i o n,m aintenan c e, impro v ement, an d repair of Ag ri - c ul ture b uilding s and facilities, and for related costs, $293, 0 93,000, to remain available until e x pended, of w hich $ 184 ,812,000 shall be available for pa y ments to the G eneral S ervices Administration for rent of which $13, 5 00,000 for payment to the D epartment of H omeland Security for building security activities; and of which $94, 7 81,000 for buildings operations and maintenance expenses
 * Provide

d, T hat the Secretary shall use $15,911,000 of these funds to cover shortfalls incurred in prior year rental payments: Provided fu r th er, That the Secretary is authori z ed to transfer funds from a Departmental agency to this account to recover the full cost of the space and security expenses of that agency that are funded by this account when the actual costs exceed the agency estimate which will be available for the activities and payments described herein . H AZ A RDOUSM A TE R I A L SMA N A G E M ENT ( IN C LUDING TRANS F ERS OF FUNDS )F or necessary expenses of the Department of Agriculture, to comply with the C omprehensive E nvironmental R esponse, Com- pensation, and L iability Act ( 42 U .S.C. 9 6 01etse q . ) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain available until expended: Provided , That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. DE P ARTMENTAL ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) For Departmental Administration, $41,319,000, to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient wor k of the Department: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551 – 558: Provided further, That of the amount appro- priated, $13,000,000 is for stabilization and reconstruction activities to be carried out under the authority provided by title XIV of the Food and Agriculture Act of 1977 (7 U.S.C. 3101 et seq.) and other applicable laws. O FFICE OF T H E ASSISTANT SECRETAR Y FOR CONGRESSIONAL RELATIONS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3,968,000: Provided, That these funds may be transferred to agencies of the Department


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Page:United States Statutes at Large Volume 123.djvu/2113

 123STA T . 2 09 3 PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 ofAgricult ur e fu nd ed by t h i s Act to ma intain p ersonnel at the agency le v el
 * Provide

d fu r th er ,T hat no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the S ecretary has notified the C ommittees on Appropriations of both H ouses of Congress on the allocation of these funds by U S D A agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congres - sional relations .OF F ICEO FCO M M UN IC AT ION SF or necessary e x penses of the Office of Communications, $9, 72 2,000. OFFICE OF I NS P ECTO RG ENERA L For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1 97 8, $88,72 5 ,000, including such sums as may be necessary for contracting and other arrangements w ith public agencies and pri- vate persons pursuant to section 6( a ) (9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain con- fidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursu- ant to P ublic L aw 95 –4 52 and section 1337 of Public Law 97– 98. OFFICE OF T H E GENERAL COUNSEL For necessary expenses of the Office of the General Counsel, $43,551,000. OFFICE OF THE UN D ER SECRETAR Y FOR R ESEARCH, E DUCATION AND ECONOMICS For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $895,000. ECONOMIC RESEARCH SER V ICE For necessary expenses of the Economic Research Service, $82,478,000. N ATIONAL A G RICULTURAL STATISTICS SERVICE For necessary expenses of the National Agricultural Statistics Service, $161,830,000, of which up to $37,908,000 shall be available until expended for the Census of Agriculture. AGRICULTURAL RESEARCH SERVICE SALARIES AND E X PENSES For necessary expenses of the Agricultural Research Service and for ac q uisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equali z ed by a payment of money to the grantor which shall not Notif i ca tio n.De a dl ine.


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 123STA T . 2 094PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 exc ee d25p e r ce ntof t h e tot alv al u eofthelandor i ntere s ts trans - ferred out of F ederal o w nership ,$1 ,1 79, 63 9, 0 00, of which $ 4 4,13 8 ,000 shall b e for the purposes, and in the a m ounts, specified in the table titled ‘ ‘ C on g ressionall yD esignated P ro j ects ’ ’ inthe statement of managers to accompany this A ct
 * Provide

d, T hat appro- priations hereunder shall be available for the operation and mainte- nance of aircraft and the purchase of not to exceed one for replace- ment only: Provided fu r th er, That appropriations hereunder shall be available pursuant to 7 U.S .C. 2250 for the construction, alter- ation, and repair of buildings and improvements, but unless other- wise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to moderni z ation or replacement of existing facilities at B eltsville, M aryland: Provided further, That appropriations here- under shall be available for granting easements at the Beltsville Agricultural R esearch Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a )
 * Provided

further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of estab- lishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. BUILD I NGSA ND F A C ILI T I E S For ac q uisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $70,873,000, of which $70,873,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Congressionally Des- ignated Projects’’ in the statement of managers to accompany this Act, to remain available until expended. N ATI O NAL I NSTITUTE OF FOOD AND AG R ICULTURE RESEARC H AND EDUCATION ACTI V ITIES For payments to agricultural experiment stations, for coopera- tive forestry and other research, for facilities, and for other expenses, $788,243,000, of which $120,054,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Congres- sionally Designated Projects’’ in the statement of managers to accompany this Act, as follows: to carry out the provisions of the H atch Act of 1887 (7 U.S.C. 361a – i), $215,000,000 for grants for cooperative forestry research (16 U.S.C. 582a through a–7), $29,000,000; for payments to eligible institutions (7 U.S.C. 3222), $48,500,000, provided that each institution receives no less than $1,000,000; for special grants (7 U.S.C. 450i(c)), $89,029,000; for competitive grants on improved pest control (7 U.S.C. 450i(c)), $16,185,000; for competitive grants (7 U.S.C. 450(i)(b)), $262,482,000, to remain available until expended; for the support Maryl a nd.7USC2 2 54.


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 123STA T . 2 095PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 ofanim a lhe al t han d di s ease pr o g rams (7U.S . C . 3195),$2 ,95 0 ,000 for s u pplemental and alternati v e c rops and products (7 U.S.C. 3319d), $ 8 35,000; for grants for research pursuant to the Critical A gricultural M aterials Act (7 U.S.C. 178 et se q .), $1,083,000, to remain availa b le until e x pended; for the 199 4 research grants pro - gram for 1994 institutions pursuant to section 53 6 of P ublic L a w 103 – 382 (7 U.S.C. 301 note), $1,805,000, to remain available until expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,859,000, to remain available until expended (7 U.S.C. 2209b); for a program pursuant to section 1415A of the N ational Agricultural R esearch, E xtension, and T eaching Polic y Act of 1977 (7 U.S.C. 3151a), $4,800,000, to remain available until expended; for higher education challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $1,241,000, to remain available until expended (7 U.S.C. 2209b); for an education grants program for H ispanic- serving I nstitutions (7 U.S.C. 3241), $9,237,000; for competitive grants for the purpose of carrying out all provisions of 7 U.S.C. 3156 to individual eligible institutions or consortia of eligible institu- tions in Alas k a and in Hawaii, with funds awarded equally to each of the States of Alaska and Hawaii, $3,200,000; for a secondary agriculture education program and 2-year post-secondary education (7 U.S.C. 3152( j )), $983,000; for aquaculture grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture research and education (7 U.S.C. 5811), $14,500,000; for a program of capacity building grants (7 U.S.C. 3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222, $18,250,000, to remain available until expended (7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103–382, $3,342,000; for resident instruction grants for insular areas under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), $900,000; for distance education grants for insular areas under section 1490 of the National Agricul- tural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362), $750,000; for a new era rural technology program pursuant to section 1473E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e), $875,000; for a competitive grants program for farm business management and benchmarking (7 U.S.C. 5925f), $1,500,000; for a competitive grants program regarding biobased energy (7 U.S.C. 8114), $2,250,000; and for necessary expenses of Research and Education Activities, $45,122,000, of which $2,704,000 for the Research, Education, and Economics Information System and $2,136,000 for the Electronic G rants Information System, are to remain available until expended. NATIVE A M E R I C AN IN S TIT U TI O NS EN D O W MENT F UND F or the Native American Institutions Endowment Fund author- i z ed by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended. E X TENSION ACTIVITIES For payments to States, the D istrict of Columbia, Puerto Rico, Guam, the V irgin Islands, Micronesia, the Northern Marianas, and American Samoa, $494,923,000, of which $11,831,000 shall be for


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 123STA T . 2 096PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 thepur p os es ,andi nthea m ounts, spe c i f ied in the ta bl e titled ‘ ‘ C on g ressionall yD esignated P ro j ects ’ ’ in the statement of managers to accompany this A ct, as follo w s payments for cooperati v ee x ten - sion wor k under the S mith- L ever Act, to be distributed under sections 3( b ) and 3(c) of said Act, and under section 208 (c) of Public Law 9 3 –471, for retirement and employees’ compensation costs for extension agents, $ 297, 5 00,000 payments for extension work at the 1994 I nstitutions under the Smith-Lever Act (7 U. S.C. 343(b)(3)), $4,321,000; payments for the nutrition and family edu- cation program for low-income areas under section 3(d) of the Act, $ 6 8,070,000; payments for the pest management program under section 3(d) of the Act, $9,938,000; payments for the farm safety program under section 3(d) of the Act, $4,863,000; payments for N ew T echnologies for Ag E xtension under section 3(d) of the Act, $1,750,000; payments to upgrade research, extension, and teaching facilities at institutions eligible to receive funds under 7 U.S.C. 3221 and 3222, $19,770,000, to remain available until expended; payments for youth-at-risk programs under section 3(d) of the Smith-Lever Act, $8,412,000; for youth farm safety education and certification extension grants, to be awarded competitively under section 3(d) of the Act, $486,000; payments for carrying out the provisions of the R enewable Resources Extension Act of 1978 (16 U.S.C. 1671 et se q .), $4,068,000; payments for the federally-recog- ni z ed Tribes Extension Program under section 3(d) of the Smith- Lever Act, $3,045,000; payments for sustainable agriculture pro- grams under section 3(d) of the Act, $4,705,000; payments for rural health and safety education as authorized by section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by eligible institutions (7 U.S.C. 3221), $42,677,000, provided that each institution receives no less than $1,000,000; for grants to youth organizations pursuant to 7 U.S.C. 7630, $1,784,000; payments to carry out the food animal residue avoidance database program as authorized by 7 U.S.C. 7642, $1,000,000; payments to carry out section 1672(e)(49) of the F ood, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925), as amended, $400,000; and for necessary expenses of Exten- sion Activities, $20,396,000. INTEGRA TE D A C TI V ITIE S For the integrated research, education, and extension grants programs, including necessary administrative expenses, $60,022,000, as follows: for competitive grants programs authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), $45,148,000, including $12,649,000 for the water quality program, $14,596,000 for the food safety program, $4,096,000 for the regional pest management centers program, $4,388,000 for the Food Q uality Protection Act risk mitigation program for major food crop systems, $1,365,000 for the crops affected by Food Quality Protection Act implementation, $3,054,000 for the methyl bromide transition pro- gram, and $5,000,000 for the organic transition program; for a competitive international science and education grants program authorized under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until expended, $3,000,000; for grants programs authorized under section 2(c)(1)( B ) of Public Law 89–


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Page:United States Statutes at Large Volume 123.djvu/2117

 123STA T . 2 097PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 106,as a mend ed, $732 ,000, tor ema i na v ai l a b le u ntil S e p tember 30, 2011, f ort h e c ritical issues pro g ram $1,312,000 for the regional rural development centers program; and $ 9, 8 30,000 for the F ood and A griculture D efense I nitiative authori z ed under section 1 4 84 of the N ational Agricultural R esearch, Ex tension, and T eaching P olic y Act of 1977, to remain available until September 30, 2011 .OF F ICEO F TH E UND E R SECRET A R Y FOR M AR K ETIN G AND REG UL ATORY PROGRA MS For necessary expenses of the Office of the Under Secretary for Mar k eting and Regulatory Programs, $89 5 ,000. ANIMAL AND PLANT H EALTH INS P ECTION SER V ICE SALARIES AND E X PENSES ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses of the Animal and Plant Health Inspec - tion Service, including up to $30,000 for representation allo w ances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S. C . 4085 ) , $904,953,000, of which $24,410,000 shall be for the purposes, and in the amounts, specified in the table titled ‘ ‘Congressionally Designated Pro j ects ’ ’ in the statement of managers to accompany this Act, of which $2,058,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions; of which $23,390,000 shall be used for the cotton pests program for cost share purposes or for debt retirement for active eradication zones; of which $5,300,000 shall be for a National Animal Identification program; of which $60,243,000 shall be used to prevent and control avian influenza and shall remain available until expended
 * Provide

d, That funds provided for the contingency fund to meet emergency conditions, information technology infrastructure, fruit fly program, emerging plant pests, cotton pests program, grasshopper and mormon cricket program, the plum pox program, the National V eterinary Stockpile, the National Animal Identification System, up to $1,500,000 in the scrapie program for indemnities, up to $1,000,000 for wildlife services methods development, up to $1,500,000 of the wildlife services operations program for aviation safety, and up to 25 percent of the screwworm program shall remain available until expended: Provided fu r th er, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not re q uire minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emer- gencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and


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 123STA T . 2 098PUBLIC LA W 111 – 80 —O CT. 21 , 2009 8316)andsectio ns 4 31 and 44 2 o f t h e Pl ant P r otection A ct (7U.S. C . 77 5 1 and 7772), and an yu ne xp ended b alances of funds transferred for such e m er g ency purposes in the preceding fiscal year shall be merged w ith such transferred amounts
 * Provide

d fu r th er, T hat appropriations hereunder shall be a v ailable pursuant to law (7 U.S.C. 225 0 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. I n fiscal year 2010, the agency is authori z ed to collect fees to cover the total costs of providing technical assistance, goods, or services re q uested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity ’ s liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. BUILD I NGSA ND F A C ILI T I E S F or plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $ 4,712,000, to remain available until expended. AG R ICULTURAL M AR K ETING SER V ICE M ARKETING SERVICES For necessary expenses of the Agricultural Mar k eting Service, $ 9 1,148,000: Provided , That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). LIMITATI O N ON ADMINISTRATIVE E XP ENSES N ot to exceed $64,583,000 (from fees collected) shall be obli - gated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and / or other uncontrol- lable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both H ouses of Congress. FUNDS FOR STRENGT H ENING MARKETS, INCOME, AND SUPPL Y( SECTION 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/2119

 123STA T . 2 09 9 PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 exp e ns es ,i n clud in g$10 ,000,000 for repl a ce m en t ofas y stem to support commodity purc h ases, except for

1 ) transfers to the D epartment of C ommerce as authori z ed b y the F ish and W ildlife A ct of August 8 ,1 956; ( 2 ) transfers other w ise pro v ided in this Act; and ( 3 ) not more than $20,056,000 for formulation and adminis - tration of mar k eting agreements and orders pursuant to the Agricul- tural M arketing Agreement Act of 193 7 and the Agricultural Act of 1961 .PAYMENTS T O STATES AN D POSSESS I ONS For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activi- ties under section 20 4 (b) of the Agricultural Marketing Act of 1946 (7 U . S .C. 1623(b)), $1,334,000. GR AIN I NSPE C TION, P AC K ERS AND STOCKYARDS ADMINISTRATION SA L ARIES AND E X PENSES For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $41,964,000: Provide d ,T hat this appro- priation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. LIMITATION ON INSPECTION AND W EI GH ING SER V ICES EXPENSES N ot to exceed $42,463,000 (from fees collected) shall be obli- gated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities re q uire additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both H ouses of Congress. OF FICE OF THE UNDER SECRETARY FOR FOOD SAFETY For necessary expenses of the Office of the Under Secretary for Food Safety, $813,000. FOOD SAFETY AND INSPECTION SERVICE For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the E gg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accredita- tion as authorized by section 1327 of the Food, Agriculture, Con- servation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infra- structure system shall remain available until expended: Provided fu r th er, That no fewer than 140 full-time equivalent positions shall be employed during fiscal year 2010 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further, That of the amount available Employ m ent po si tions .N oti f i ca tion.


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Page:United States Statutes at Large Volume 123.djvu/2120

 123STA T . 21 0 0 PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9underthis he a din g,$3 , 0 00,000 sha l l b e o bligated to m aintain the H umane A nimal T ra ck ing Sy stem as p art o f the P ublic Health D ata C ommunication I nfrastructure System
 * Provide

d fu r th er, That this appropriation shall be a v ailable pursuant to la w(7U. S.C. 2 2 5 0 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not e x ceed 1 0 percent of the current replacement value of the building. OF F ICEO F TH EU ND E R SECRET A R Y FOR F AR M AND FOREI G N AGRIC UL TURAL SER V ICE S For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $ 89 5,000. FARM SERVICE AGENCY SALARIES AND E XP ENSES ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses of the Farm Service Agency, $1,253,777,000: Provided , That the Secretary is authori z ed to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain avail - able until expended. STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101 – 510 6 ),$ 4 ,369,000. GRASSROOTS SOURCE W ATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb–2), $5,000,000, to remain available until expended. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, R ural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public L aw 106–387, 114 Stat. 1549A–12).


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Page:United States Statutes at Large Volume 123.djvu/2121

 123STA T . 21 0 1 PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9AGRICULT URAL CR ED ITI NS URANCE F UND P R O GRA M ACCOUNT ( INCLUDING TRANSFERS OF FUNDS )Forg ro s so bli g at io n s f ort hep rin c ipal a m o u nt of d irect and guaranteed farm o w nership (7U.S . C . 192 2etse q . ) and operating (7 U.S.C. 19 4 1 et seq.) loans ,I ndian tribe land acquisition loans (2 5 U.S.C. 4 8 8), boll wee v il loans (7 U.S.C. 1989), direct and guaran - teed conservation loans (7 U.S.C. 1924 et seq.), and Indian highl y fractionated land loans (25 U.S.C. 488), to be available from funds in the A gricultural Credit Insurance Fund, as follows farm owner- ship loans, $ 2,15 0 ,000,000, of which $1,500,000,000 shall be for unsubsidi z ed guaranteed loans and $ 6 50,000,000 shall be for direct loans operating loans, $2,670,000,000, of which $1,500,000,000 shall be for unsubsidized guaranteed loans, $170,000,000 shall be for subsidized guaranteed loans and $1,000,000,000 shall be for direct loans; Indian tribe land acquisition loans, $ 3 ,940,000; con- servation loans, $150,000,000, of which $75,000,000 shall be for guaranteed loans and $75,000,000 shall be for direct loans; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $100,000,000: Provide d ,T hat the Sec- retary shall deem the pin k bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congres- sional B udget Act of 1974, as follows: farm ownership loans, $32,070,000, of which $5,550,000 shall be for unsubsidized guaran- teed loans, and $26,520,000 shall be for direct loans; operating loans, $106,402,000, of which $35,100,000 shall be for unsubsidized guaranteed loans, $23,902,000 shall be for subsidized guaranteed loans, and $47,400,000 shall be for direct loans; conservation loans, $1,343,000, of which $278,000 shall be for guaranteed loans, and $1,065,000 shall be for direct loans; and Indian highly fractionated land loans, $793,000. In addition, for administrative e x penses necessary to carry out the direct and guaranteed loan programs, $321,093,000, of which $313,173,000 shall be transferred to and merged with the appropriation for ‘ ‘Farm Service Agency, Salaries and E xpenses ’ ’. Funds appropriated by this Act to the Agricultural Credit Insur- ance P rogram Account for farm ownership, operating and conserva- tion direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both H ouses of Congress are notified at least 15 days in advance of any transfer. R IS KM ANAGEMENT AGENC Y For necessary expenses of the Risk Management Agency, $80,325,000: Provided, That the funds made available under section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common Information Management System: Provided fu r th er, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). Notif i ca tio n.De a dl ine. P in kB oll w o rm .


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Page:United States Statutes at Large Volume 123.djvu/2122

 123STA T . 21 0 2 PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9CORP OR ATI O NS T hefol lo wingc o rp or at ion s an d agencies are here by a u thori z ed to m a k ee x penditures , within the limits of funds and borrowing authority a v ailable to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the G overn - ment Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided .FED E RAL CR OP I NSU RAN C E CORPORA TI ON FUND For payments as authorized by section 5 1 6 of the Federal Crop Insurance Act (7U .S.C. 1516 ) , such sums as may be necessary, to remain available until expended. CO M MODIT Y CREDIT CORPORATION FUND REIM B URSEMENT F OR NET REALI Z ED LOSSES ( INCLUDIN G TRANSFERS OF FUNDS ) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1 9 61 (15 U.S.C. 71 3 a – 11)
 * Provide

d , That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $ 5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. H AZARDOUS W ASTE MANAGEMENT (LIMITATION ON E X PENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the re q uirement of section 107(g) of the Comprehensive E nvironmental Response, Compensation, and L iability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). TITLE II CONSER V ATION PROGRA M S OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND EN V IRONMENT For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $ 8 95,000.


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Page:United States Statutes at Large Volume 123.djvu/2123

 123STA T . 21 0 3 PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9NATUR A LRESO UR C ES C O N SER V AT I ON S ERVICE CONSERVATION O P ERATIONS Fornec e s s a r y e xp enses f or carry i n g o ut t h e pro v isions of the A ct of Apri l27,1935( 1 6U. S.C. 59 0 a – f ) , inclu d ing preparation of conservation plans and esta b lish m ent of measures to conserve soil and w ater (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants) operation of conservation plant materials centers; classification and mapping of soil; dissemi - nation of information; ac q uisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $ 100 pursuant to the Act of August 3, 1956 (7 U.S.C. 4 2 8 a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $887,629,000, to remain available until September 30, 2011, of which $37,382,000 shall be for the purposes, and in the amounts, specified in the table titled ‘ ‘Congressionally D esignated P ro j ects ’ ’ in the statement of managers to accompany this Act
 * Provide

d ,T hat appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construc- tion and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided fu r th er, That the Secretary is authori z ed to transfer ownership of all land, buildings, and related improvements of the Natural Resources Conservation Service facilities located in M edicine B ow, W yoming, to the Medicine Bow Conservation District: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. W ATERS H E D AND F LOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing wor k s and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the Department, $30,000,000, to remain available until expended, of which $22,111,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Congressionally Designated Projects’’ in the statement of managers to accompany this Act: Provided, That not to exceed $12,000,000 of this appropriation shall be available for technical assistance. WATERSHED REHA B ILITATION PRO G RA M For necessary expenses to carry out rehabilitation of structural measures, in accordance with section 14 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012), and in accordance with the provisions of laws relating to the activities of the Depart- ment, $40,161,000, to remain available until expended. Wyoming.


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Page:United States Statutes at Large Volume 123.djvu/2124

 123STA T . 21 04PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9RESOU R C ECO N SER VATI ON AN D DEVE L O PM ENT Fornec e s s a r y e xp enses i np l annin g an d carrying o ut pro j ects f or resource conser v ation and develop m ent and for sound land use pursuant to t h e provisions of sections 31 and 3 2 of the B an k head -J ones Farm T enant A ct (7U.S . C . 1 0 10 – 1011 7 6 Stat. 607 ) Act of April 27 , 1 9 3 5 (16 U.S.C. 590a–f); and su b title H of title XV of the Agriculture and Food Act of 19 8 1 (16 U.S.C. 3 4 51– 3461), $ 50,730,000
 * the
 * Provide

d , That not to exceed $3,073,000 shall be available for national head q uarters activities. T I T LE III R URAL D EVEL OPM E N T PRO G RAMS O F FICE OF T H E UNDER SECRETAR Y FOR RURAL DEVELOPMENT For necessary expenses of the Office of the Under Secretary for Rural Development, $895,000. RURAL DEVELOPMENT SALARIES AND E X PENSES ( INCLUDIN G TRANSFERS OF FUNDS ) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities w ith institutions concerning the develop- ment and operation of agricultural cooperatives; and for cooperative agreements; $201,987,000: Provided, That notwithstanding any other provision of law, funds appropriated under this section may be used for advertising and promotional activities that support the Rural Development mission area: Provided fu r th er, That not more than $10,000 may be expended to provide modest nonmonetary awards to non-USDA employees: Provided further, That any bal- ances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business-Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation. RURAL HOUSING SERVICE RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authori z ed by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $13,121,488,000 for loans to section 502 borrowers, of which $1,121,488,000 shall be for direct loans, and of which $12,000,000,000 shall be for unsubsidized guaranteed loans; $34,412,000 for section 504 housing repair loans; $69,512,000 for section 515 rental housing; $129,090,000 for section 538 guaranteed multi-family housing loans; $5,045,000 for section 524 site loans; $11,448,000 for credit sales of acquired property, of which up to $1,448,000 may be for multi-family credit sales; and $4,970,000 for section 523 self-help housing land development loans.


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Page:United States Statutes at Large Volume 123.djvu/2125

 123STA T . 21 05PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9Forthec o s to fdi rect an d gu aranteed l oans , including the cost of m odif y ing loans, as defined in section 502 of the C ongres - sional B udget A ct of 1974 , as follo w s section 502 loans, $ 21 3 ,510,000, of which $40,710,000 shall b e for direct loans, and of which $172, 8 00,000, to remain a v ailable until e xp ended, shall be for unsubsidi z ed guaranteed loans section 504 housing repair loans, $4,422,000; repair, rehabilitation, and new construction of section 515 rental housing, $18,935,000; section 538 multi-family housing guaranteed loans, $1,485,000; and credit sales of ac q uired property, $55 6 ,000: Provide d, T hat of the total amount appropriated in this paragraph, the amount equal to the amount of R ural H ousing I nsurance Fund P rogram Account funds allocated by the S ecretary for Rural E conomic Area Partnership Z ones for the fiscal year 2009, shall be available through J une 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided fu r th er, That section 538 multi-family housing guaranteed loans funded pursuant to this paragraph shall not be sub j ect to a guarantee fee and the interest on such loans may not be subsidized: Provided further, That any balances for a demonstration program for the preservation and revitalization of the section 515 multi-family rental housing properties as author- ized by Public L aw 109 – 97 and Public Law 110–5 shall be trans- ferred to and merged with the ‘ ‘Rural Housing Service, M ulti- family Housing Revitalization Program Account ’ ’ . In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $468,593,000 shall be transferred to and merged with the appropriation for ‘‘Rural D evelopment, Salaries and Expenses’’. RENTAL A S S I STAN C E P R OG RA M For rental assistance agreements entered into or renewed pursuant to the authority under section 521 ( a ) (2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $980,000,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That of this amount, up to $5,958,000 shall be available for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided further , That of this amount not less than $2,030,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, and not less than $3,400,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be trans- ferred and used for the purposes of any debt reduction; mainte- nance, repair, or rehabilitation of any existing projects; preserva- tion; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under


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Page:United States Statutes at Large Volume 123.djvu/2126

 123STA T . 21 06PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9agre e m e nts entere di nt op rior to f is c a ly ear 201 0forafarmla b or m u lti - family h ousing pro j ect financed under section 5 1 4 or 51 6 of the A ct may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecuti v e months , if such project has a w aiting list of tenants see k ing such assistance or the project has rental assistance eligible tenants who are not receiving such assistance
 * Provide

d fu r th er ,T hat such recap- tured rental assistance shall, to the e x tent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act .MULTI - FA MIL YHO U S I NGREV ITALI Z ATION P ROGRAM A C COUNT F or the rural housing voucher program as authori z ed under section 542 of the H ousing Act of 1 9 49, but notwithstanding sub- section ( b ) of such section, for the cost to conduct a housing dem- onstration program to provide revolving loans for the preservation of low-income multi-family housing projects, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $ 4 3 ,191,000, to remain available until expended: Provided, That of the funds made available under this heading, $16,400,000 shall be available for rural housing vouchers to any low-income household (including those not receiving rental assist- ance) residing in a property financed with a section 515 loan which has been prepaid after S eptember 30, 2005: Provided further, That the amount of such voucher shall be the difference between com- parable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the D epartment of Housing and U rban Development: Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration programs for the preservation and revitalization of multi-family rental housing prop- erties described in this paragraph: Provided further, That of the funds made available under this heading, $1, 7 91,000 shall be avail- able for the cost of loans to private nonprofit organizations, or such nonprofit organizations ’ affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation of low- income multi-family housing projects: Provided further, That loans under such demonstration program shall have an interest rate of not more than 1 percent direct loan to the recipient: Provided further, That the Secretary may defer the interest and principal payment to the R ural Housing Service for up to 3 years and the term of such loans shall not exceed 30 years: Provided further, That of the funds made available under this heading, $25,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to Loans.V o ucher s. Ap p li ca b ili ty .


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Page:United States Statutes at Large Volume 123.djvu/2127

 123STA T . 21 07PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9pres er v e th epr oj e c t f orthep u rpose of prov id i ng s a fe and afforda bl e housing for lo w- inco m e residents and farm laborers including reducing or eliminating interest deferring loan pa y ments , subordi- nating, reducing or reamorti z ing loan debt; and other financial assistance including advances, payments and incentives ( including the ability of owners to obtain reasonable returns on investment ) re q uired by the S ecretary
 * Provide

d fu r th er ,T hat the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restruc- turing: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That if C ongress enacts legislation to permanently authorize a multi- family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on A ppropriations of both H ouses of Congress: Provided further, That in addition to any other available funds, the Secretary may e x pend not more than $1, 0 00,000 total, from the program funds made available under this heading, for adminis- trative expenses for activities funded under this heading .MUT U AL A NDSE L F - H EL P H O US I N G G R ANTS F or grants and contracts pursuant to section 523 (b)(1)(A) of the Housing Act of 1 94 9 (42 U .S.C. 1490c), $41, 86 4,000, to remain available until expended: Provided, That of the total amount appro- priated under this heading, the amount equal to the amount of M utual and Self-Help Housing G rants allocated by the Secretary for R ural E conomic Area P artnership Z ones for the fiscal year 2009, shall be available through J une 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. RURAL HOUSING ASSISTAN C E GRANTS ( INCLUDING TRANSFER OF FUNDS ) For grants and contracts for very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 14 7 4, 1479(c), 1490e, and 1490m, $45,500,000, to remain available until expended, of which $4,000,000 shall be for grants authorized by section 14204 of the Food, Conservation, and Energy Act of 2008: Provided, That of the total amount appropriated under this heading, the amount equal to the amount of Rural Housing Assistance Grants allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2009, shall be available through June 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That any bal- ances to carry out a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects as authorized in Public L aw 108 – 447 and Public Law 109–97 shall be transferred to and merged with the ‘ ‘Rural


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Page:United States Statutes at Large Volume 123.djvu/2128

 123STA T . 21 08PUBLIC LA W 111 – 80 —O CT. 21 , 200 9HousingServ i c e ,M u lt i -fam il y Housing R evitali z ation P rogram A ccount ’ ’ .FARML A BO R P RO G RAM A C CO UNTF ort h e cost of d irect loans, grants, and contracts, as authorized b y 42U .S. C. 1 4 8 4 and 148 6, $ 1 9 , 7 46, 0 00, to remain available until e xp ended, for direct farm labor housing loans and domestic farm labor housing grants and contracts. RURAL COMMUN I T Y FACILITI ES PROGRAM ACCOUNT ( INCLU D ING TRANSFERS OF FUNDS ) For the cost of direct loans, loan guarantees, and grants for rural community facilities programs as authorized by section 3 06 and described in section 381 E( d ) (1) of the Consolidated Farm and Rural D evelopment Act, $ 5 4,993,000, to remain available until expended
 * Provide

d ,T hat $6,256,000 of the amount appropriated under this heading shall be available for a Rural Community Development I nitiative: Provided fu r th er, That such funds shall be used solely to develop the capacity and ability of private, non- profit community-based housing and community development organizations, lo w -income rural communities, and Federally Recog- nized N ative American Tribes to underta k e pro j ects to improve housing, community facilities, community and economic develop- ment projects in rural areas: Provided further, That such funds shall be made available to q ualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such inter- mediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $13,902,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemploy- ment and severe economic depression (Public L aw 106 – 387), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further, That $3,972,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That of the amount appropriated under this heading, the amount equal to the amount of Rural Community Facilities Program Account funds allocated by the Secretary for Rural Economic Area Partnership Z ones for the fiscal year 2009, shall be available through J une 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural community programs described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act: Provided further, That sections 381E– H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement Program account for programs authorized by section 306 and described in section 381E(d)(1) of such Act be transferred and merged with this account and any other prior balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate to transfer.


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Page:United States Statutes at Large Volume 123.djvu/2129

 123STA T . 21 09PUBLIC LA W 111 –8 0 —O CT. 21 , 2009 RURALB U SINE SS —CO O P ERA T I V E S ERVI C E RURAL B USINESS PRO G RA M ACCOUNT ( INCLU D ING TRANS F ERS OF FUNDS )Forthec o s to fl o angu arantees an d grants , for the rural b us i- ness de v elo pm ent programs authori z edb y sections 306 and 3 1 0B and described in sections 310B ( f ) and 3 8 1 E (d)(3) of the Consolidated Farm and Rural D evelopment A ct, $97 ,116,000, to remain available until e x pended
 * Provide

d ,T hat of the amount appropriated under this heading, not to exceed $ 5 00,000 shall be made available for agranttoa q ualified national organization to provide technical assistance for rural transportation in order to promote economic development and $ 2 ,979,000 shall be for grants to the Delta Regional Authority (7 U. S.C. 2009aa et seq.) for any Rural Commu- nity Advancement P rogram purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of w hich not more than 5 percent may be used for administrative expenses: Provided fu r th er, That $ 4 ,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recog- nized N ative American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated under this heading, the amount equal to the amount of Rural Business Pro- gram Account funds allocated by the Secretary for Rural Economic Area Partnership Z ones for the fiscal year 2009, shall be available through J une 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural business and cooperative development programs described in section 381E(d)(3) of the Consolidated Farm and Rural Develop- ment Act: Provided further, That sections 381E –H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement Program account for programs authorized by sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) of such Act be transferred and merged with this account and any other prior balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate to transfer. RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as authorized by the Rural Development L oan Fund (42 U.S.C. 9812(a)), $33,536,000. For the cost of direct loans, $8,464,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,035,000 shall be available through June 30, 2010, for Federally Recognized Native American Tribes and of which $2,070,000 shall be available through June 30, 2010, for M ississippi Delta Region counties (as determined in accordance with Public Law 100–460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That of the total amount appropriated


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Page:United States Statutes at Large Volume 123.djvu/2130

 123STA T . 211 0PUBLIC LA W 111 –8 0 —O CT. 21 , 200 9underthis he a din g, the a mo unt e q ua l to the amount o fR ural D e v elo p ment L oan F und P rogram Ac count funds allocated by the S ecretary for Rural E conomic Area Partnership Z ones for the fiscal year 20 0 9, shall be available through J une 3 0, 20 1 0, for commu - nities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones .I n addition, for administrative e x penses to carry out the direct loan programs, $4 ,941,000 shall be transferred to and merged w ith the appropriation for ‘ ‘Rural Development, Salaries and Expenses ’ ’. RU R ALECON O MI C D E V ELO P MEN T LOAN S PRO G RAM ACCOUNT ( INCLUDING RESCISSION O F FUNDS ) For the principal amount of direct loans, as authori z ed under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and j ob creation projects, $33,0 7 7,000. O f the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 193 6, $44,463,000 shall not be obligated and $44,463,000 are rescinded. RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310 B( e ) of the C onsolidated Farm and Rural Development Act (7 U .S.C. 1932), $34, 85 4,000, of which $300,000 shall be for a cooperative research agreement with a qualified academic institu- tion to conduct research on the national economic impact of all types of cooperatives and of which $2,800,000 shall be for coopera- tive agreements for the appropriate technology transfer for rural areas program
 * Provide

d, T hat not to exceed $3,463,000 shall be for cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, socially disadvantaged producers and whose governing board and / or membership is comprised of at least 75 percent socially disadvantaged members; and of which $20,367,000, to remain available until expended, shall be for value- added agricultural product mar k et development grants, as author- ized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note). RURAL MICROENTERPRISE INVESTMENT PROGRAM ACCOUNT For the cost of loans and grants, $5,000,000 as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.): Provided, That such costs of loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. RURAL ENERG Y FOR AMERICA PROGRAM For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $39,340,000: Provided , That the cost of loan guaran- tees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.


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Page:United States Statutes at Large Volume 123.djvu/2131

 123STA T . 2111 PUBLIC LA W 111 –80—O CT. 21 , 200 9RURALUTI LITI ESS ER V I C E RURAL W ATER A ND WASTE DIS PO SAL PRO G RA M ACCOUNT ( INCLUDING TRANS F ERS OF FUNDS )Forthec o s to fdi rect l o an s , loan gu arantees, and grants for the rural w ater, waste water, waste dis p osal, and solid waste m anagement programs authori z ed by sections 306, 306 A , 306 C , 306 D, 306 E , and3 1 0 B and described in sections 306C ( a ) ( 2 ), 306D, 306E, and 3 8 1E(d)(2) of the Consolidated Farm and Rural De v elop - ment Act, $5 68, 7 30,000, to remain available until e x pended, of which not to exceed $ 49 7,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act
 * Provide

d, T hat $70,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally-recognized N ative American Tribes authorized by 306C(a)(1), and the Department of H awaiian Home L ands (of the State of Hawaii): Provided fu r th er, That not less than $65,000,000 of the unobligated balances available for grants authorized by 306D of the Consolidated Farm and Rural Development Act shall be obligated within 90 days of the enactment of this Act: Provided further, That not to exceed $19,500,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary ma k es a deter- mination of extreme need, of which $6,000,000 shall be made avail- able for a grant to a q ualified non-profit multi-state regional tech- nical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assist- ance for rural water systems for tribal communities: Provided fur - ther, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assist- ance for rural water systems: Provided further , That of the amount appropriated under this heading, the amount equal to the amount of Rural W ater and Waste Disposal P rogram Account funds allo- cated by the Secretary for Rural Economic Area Partnership Z ones for the fiscal year 2009, shall be available through J une 30, 2010, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural utilities programs described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act: Provided further, That $17,500,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost G rants Account to provide grants authorized under section 19 of the Rural Elec- trification Act of 1936 (7 U . S.C. 918a): Provided further, That any prior year balances for high cost energy grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall Contrac t s.G rants. De a dli ne.


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 123STA T . 2112 PUBLIC LA W 111 –80—O CT. 21 , 200 9betransf erre d t o and m er g ed wi t h the Ru ra lU tilities S er v i c e ,H igh E nerg yC osts G rants A ccount
 * Provide

d fu r th er, T hat sections 381 E – H and 381 N of the Consolidated F arm and Rural D evelo p- ment Act are not applicable to the funds made available under this heading: Provided further, That any prior balances in the Rural Development, Rural Community Advancement P rogram account programs authori z ed by sections 3 06, 306A, 306C, 306D, 306E, and 310 B and described in sections 306C ( a ) ( 2 ), 306D, 306E, and 381E(d)(2) of such Act be transferred to and merged with this account and any other prior balances from the Rural Develop- ment, Rural Community Advancement Program account that the Secretary determines is appropriate to transfer .RU R ALE LE CT R IF ICATI ON AN D TELECO M MUNICATION S LOANS P RO G RAM ACCOUNT ( INCLUDING TRANSFER OF FUNDS ) The principal amount of direct and guaranteed loans as author- ized by sections 30 5 and 306 of the Rural Electrification Act of 1 9 36( 7 U.S.C. 935 and 936) shall be made as follows: 5 percent rural electrification loans, $ 100,000,000 loans made pursuant to section 306 of that Act, rural electric, $6,500,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; 5 per- cent rural telecommunications loans, $1 4 5,000,000; cost of money rural telecommunications loans, $250,000,000; and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $295,000,000: Provided, That, notwithstanding section 6106(b) of the Food, Conservation, and Energy Act of 2008, a guaranteed underwriting loan may not be issued until the amendments to the Rural Electrification Act of 1936 contained in section 6106(a) of the Food, Conservation, and Energy Act of 2008 are administra- tively implemented. I n addition, for administrative e x penses necessary to carry out the direct and guaranteed loan programs, $39,959,000, which shall be transferred to and merged with the appropriation for ‘ ‘Rural Development, Salaries and Expenses ’ ’. DISTANCE LEARNING, TELEMEDICINE, AND B ROADBAND PROGRAM For the principal amount of broadband telecommunication loans, $400,000,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et se q ., $37,755,000, to remain available until expended: Provided, That $3,000,000 shall be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further , That $4,500,000 shall be made available to those noncommercial edu- cational television broadcast stations that serve rural areas and are qualified for Community Service Grants by the Corporation for Public Broadcasting under section 396( k ) of the Communications Act of 1934, including associated translators and repeaters, regard- less of the location of their main transmitter, studio-to-transmitter links, and equipment to allow local control over digital content and programming through the use of high-definition broadcast, multi-casting and datacasting technologies. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $28,960,000, to remain available


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Page:United States Statutes at Large Volume 123.djvu/2133

 123STA T . 2113 PUBLIC LA W 111 –80—O CT. 21 , 200 9untilexp en d ed
 * Provide

d ,Tha t the cos to f di r ect loans shall b e as defined in section 502 of the C on g ressional B udget A ct of 1974.I n addition, $ 17,97 6 ,000, to re m ain a v ailable until expended, for a grant program to finance broadband transmission in rural areas eligible for D istance L earning and Telemedicine P rogram benefits authori z edb y 7 U. S .C. 950aaa. TITL E I V D OM ESTIC F OOD P R O G RAMS O F F ICEO F TH EU ND E R SECRET A R Y FOR FOOD, NU TRITION AND CON S U M ER SER V ICES For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $ 8 1 3 ,000. FOOD AND NUTRITION SERVICE CHI L D NUTRITION P RO G RAMS ( INCLUDING TRANSFERS OF FUNDS ) In lieu of the amounts made available in section 14222 ( b ) of the Food, Conservation, and Energy Act of 2008, for necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et se q .), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21 $16,855,829,000, to remain available through September 30, 2011, of w hich $1,000,000 may be used to carry out the school community garden pilot program established under section 18(g)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)(3)), and of which $9,865,930,000 is hereby appropriated, $6,747,877,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) and $242,022,000 shall be derived by transfer from unobligated and unavailable balances from fiscal year 2009 under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That of the total amount available, $5,000,000 shall be available to be awarded as competitive grants to implement section 4405 of the Food, Conservation, and Energy Act of 2008 (Public Law 110 – 246), and may be awarded notwithstanding the limitations imposed by sections 4405(b)(1)(A) and 4405(c)(1)(A). SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR W OMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $7,252,000,000, to remain available through September 30, 2011: Provided , That notwithstanding sec - tion 17(g)(5) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)), not more than $15,000,000 of funds provided in this Act may be used for the purpose of evaluating program performance in the Special Supplemental Nutrition Program for W omen, Infants and Children: Provided fu r th er, That notwithstanding section 17(h)(10)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)(A)), of the amounts made available under this heading,


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 123STA T . 211 4PUBLIC LA W 111 –80—O CT. 21 , 200 9notles st ha n $14,0 00,000 shall b e u se df o ri nfrastru c ture, not less than $ 6 0,000,000 shall be used for m ana g ement information s y stems, and not less than $ 8 0,000,000 shall be used for breastfeeding p eer counselors and other related acti v ities
 * Provide

d fu r th er ,T hat none of the funds provided in this account shall be available for the purchase of infant formula e x cept in accordance w ith the cost containment and competitive bidding re q uirements specified in section 1 7 of such A ct: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other F ederal G overnment departments or agencies unless authori z ed by section 17 of such Act .SUP P LEM E NTA L NUT RI TI O N ASSISTAN C E PRO G RAM For necessary expenses to carry out the Food and N utrition Act of 2 008 ( 7 U . S . C . 2011 et seq. ) ,$ 5 8,278,181,000, of which $ 3 ,000,000,000, to remain available through September 30, 2011, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program oper - ations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That this appropriation shall be sub j ect to any wor k registration or workfare requirements as may be required by law: Provided further, That funds made available for E mployment and Training under this heading shall remain avail- able until expended, notwithstanding section 16(h)(1) of the Food and Nutrition Act of 2008: Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. COMMO D IT Y ASSISTANCE PROGRAM For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food P rogram as authorized by sec- tion 4(a) of the Agriculture and Consumer Protection Act of 1 9 73 (7 U.S.C. 612c note) the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public L aw 108 – 188); and the Farmers ’M arket Nutri- tion Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $247,979,000, to remain available through September 30, 2011, of which $6,000,000 shall be for emergency food program infrastructure grants authorized by section 209 of the Emergency Food Assistance Act of 1983: Provided, That of the amount provided, $5,000,000 is to begin service in 7 additional States that have plans approved by the D epartment for the commodity supplemental food program: Provided further, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That not- withstanding any other provision of law, effective with funds made available in fiscal year 2010 to support the Seniors Farmers’ Market Nutrition Program, as authorized by section 4402 of the Farm Security and R ural I nvestment Act of 2002, such funds shall remain available through September 30, 2011: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use Workfa r e.


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 123STA T . 211 5PUBLIC LA W 111 –80—O CT. 21 , 200 9upto10 p erc e n t f or co s ts a ssoc i ate dw it h the distri b ution of co m modities .NUTRI TI O N P RO G R AMS A D MINISTRATION F or necessar y administrati v ee x penses of the Food and N utri - tion S ervice for carryin g out any domestic nutrition assistance program ,$ 1 47, 8 01,000. TI T LEV F OR EI G N A SSISTAN C EAN D RELATED P ROGRA M S FOR E IGN AGRI C U L TURAL SER V ICE SALARIES AND E X PENSES ( INCLUDING TRANS F ERS OF FUNDS ) For necessary expenses of the Foreign Agricu l tural Service, including not to exceed $1 5 8,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3 ,1 9 5 6( 7 U .S.C. 1766 ) , $180,367,000
 * Provide

d, That the Service may utili z e advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided fu r th er, That funds made available for middle-income country training pro- grams and up to $ 2 ,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, sub j ect to documentation by the Foreign Agricultural Service, shall remain available until expended. FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83 – 480) and the Food for Progress Act of 1985, $2,812,000, to be transferred to and merged with the appropriation for ‘ ‘Farm Service Agency, Salaries and Expenses ’ ’: Provided, That funds made available for the cost of agreements under title I of the Agricultural Trade Development and Assistance Act of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both H ouses of Congress. FOOD FOR PEACE TITLE II GRANTS For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connection with dispositions abroad under


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 123STA T . 211 6PUBLIC LA W 111 –80—O CT. 21 , 200 9ti t leI I ofsuchA ct ,$1, 690 ,000,000, to r e ma i n a v aila b le until e xp en d ed .COM MO DITY C RE DIT COR P OR A TIO N E X PORT L OAN S PRO G RAM ACCO U NT ( INCLUDING TRANS F ERS OF FUNDS )F or administrative expenses to carr y out the C ommodity Credit Corporation ’ s export g uarantee program, GSM 10 2 and GSM 10 3, $6, 8 20,000 to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity w ith the Federal Credit R eform Act of 1990, of which $6, 4 6 5 ,000 shall be transferred to and merged with the appropria - tion for ‘ ‘Foreign Agricultural Service, Salaries and E xpenses’’, and of which $355,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. MC GO V ERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND C H ILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions of section 310 7 of the Farm Security and Rural Investment Act of 2002 ( 7 U .S.C. 1736o – 1 ) , $209,500,000, to remain available until expended
 * Provide

d ,T hat of this amount, the Secretary shall use $10,000,000 to conduct pilot pro j ects to field test new and improved micronutrient fortified food products designed to meet energy and nutrient needs of program participants: Provided fu r th er, That the Commodity Credit Corporation is authori z ed to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein. TIT L E V I RELATE D AGE N CIES AND F O OD AND DRUG ADMINISTRATION DE P ARTMENT OF H EALTH AND HUMAN SERVICES FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for pay- ment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Adminis- tration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $3,237,218,000, of which $5,509,000 shall be for the purposes, and in the amounts, specified in the eighth paragraph under ‘‘Food and Drug Administration, Salaries and Expenses’’ in the statement of managers to accompany this Act: Provided, That of the amount provided under this heading, $578,162,000 shall be derived from prescription drug user fees


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 123STA T . 211 7PUBLIC LA W 111 –80—O CT. 21 , 200 9authorizedby21U.S. C . 379 h s ha l lbe c redited to this accou n t and re m ain a v ailable until e xp ended , and shall not include any f ees pursuant to 21 U.S.C. 379h ( a ) (2) and (a)(3) assessed for fiscal year 2 0 11 but collected in fiscal year 2010 7,01 4 ,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379 j , and shall be credited to this account and remain available until expended; $17,2 8 0,000 shall be derived from animal dru g user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $5,10 6 ,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379f, and shall be credited to this account and shall remain available until expended; and $235,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s and shall be credited to this account and remain available until expended
 * $5
 * Provide

d fu r th er, T hat fees derived from prescription drug, medical device, animal drug, animal generic drug, and tobacco product assessments for fiscal year 2010 received during fiscal year 2010, including any such fees assessed prior to fiscal year 2010 but credited for fiscal year 2010, shall be subject to the fiscal year 2010 limitations: Provided further, That in addition and not w ith - standing any other provision under this heading, amounts collected for prescription drug user fees that exceed the fiscal year 2010 limitation are appropriated and shall be credited to this account and remain available until expended: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $782,915,000 shall be for the Center for F ood Safety and A pplied N utrition and related field activities in the O ffice of R egulatory Affairs; (2) $880,104,000 shall be for the Center for D rug E valuation and Research and related field activities in the Office of Regulatory Affairs, of which no less than $51,545,000 shall be available for the Office of G eneric Drugs; (3) $305,249,000 shall be for the Center for B iologics Evalua- tion and Research and for related field activities in the Office of Regulatory Affairs; (4) $155,540,000 shall be for the Center for V eterinary M edicine and for related field activities in the Office of Regulatory Affairs; (5) $349,262,000 shall be for the Center for Devices and Radiological H ealth and for related field activities in the Office of Regulatory Affairs; (6) $58,745,000 shall be for the National Center for Toxicological Research; (7) $216,523,000 shall be for the Center for Tobacco P roducts and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $117,225,000 shall be for Rent and Related activities, of which $41,496,000 is for W hite Oa k Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $171,526,000 shall be for payments to the General Services Administration for rent; and (10) $200,129,000 shall be for other activities, including the Office of the Commissioner; the Office of Foods; the Office of the Chief Scientist; the Office of Policy, Planning and Budget; the Office of I nternational Programs; the Office of Administration; and central services for these offices: Provided fur - ther , That none of the funds made available under this heading shall be used to transfer funds under section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That funds Fe e s.


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Page:United States Statutes at Large Volume 123.djvu/2138

 123STA T . 211 8PUBLIC LA W 111 – 8 0—O CT. 21 , 200 9maybetr a nsf erre d fr o mones p e ci fied acti v ity to anot h er w ith the prior approva l of the C ommittees on A ppropriations of both H o u ses of Con g ress .I n addition , mammography user fees authori z ed by 42U . S .C. 2 63 b,e x port certification user fees authorized by 2 1 U.S.C. 3 8 1, and priority review user fees authorized by 21 U.S.C. 36 0 n may be credited to this account, to remain available until expended. BUILD I NGSA ND F A C ILI T I E S F or plans, construction, repair, improvement, extension, alter - ation, and purchase of fixed e q uipment or facilities of or used by the Food and D rug Administration, where not otherwise pro- vided, $ 12,433,000, to remain available until expended. I N D EP ENDEN T A G ENCIES C OM MODIT Y FUTU R ES TRADING COMMISSION For necessary expenses to carry out the provisions of the Com- modity Exchange Act (7 U.S.C. 1 et seq. ) , including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and else- where, $168,800,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $2 5 ,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory offi- cials
 * Provide

d , That $8,200,000 of the total amount appropriated under this heading shall not be available for obligation until the Commodity Futures Trading Commission submits an expenditure plan for fiscal year 2010 to the Committees on Appropriations of the House of R epresentatives and the Senate. FARM CREDIT ADMINISTRATION LIMITATION ON ADMINISTRATI V EE XP ENSES Not to exceed $54,500,000 (from assessments collected from farm credit institutions, including the Federal Agricultural M ort- gage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 224 9 Provided, That this limitation shall not apply to expenses associated with receiverships. TIT L E V II GENERAL PR O VISIONS ( INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS ) SEC. 701. W ithin the unit limit of cost fixed by law, appropria- tions and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 204 passenger motor vehicles, of which 170 shall be for replacement only, and for the hire of such vehicles. SEC. 702. Section 10101 of division B of the Consolidated Secu- rity, Disaster Assistance, and Continuing Appropriations Act, 2009,


text: Dictionary of National Biography, 1885-1900/Moore, Charles (1815-1881)