123STA T . 2131 PUBLIC LA W 111 –80—O CT. 21 , 200 9thesc h o o la tte nd ed by the ch i ldd ur in g a p ande m ic emergency designation and due to concerns about an in f luen z a pandemic ,w ould recei v e free or reduced price school meals under the R ichard B. Russell N ational S chool L unch A ct (42U .S. C . 175 l et se q . ) at the school. (2) T he term ‘ ‘pandemic emergency designation ’ ’ means the declaration — (A) of a public health emergency, based on pandemic influenza, by the Secretary of H ealth and Human Services under section 3 1 9 of the P ublic Health Service Act (42 U.S.C. 247d)
or (B) of a domestic emergency, based on pandemic influenza, by the Secretary of Homeland Security. (3) The term ‘‘school’’ has the meaning given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 17 60 (d)). S EC . 747. Specific pro j ects contained in the report of the Com - mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111 – 1 8 1) that are considered congres- sional earmar k s for purposes of clause 9 of rule X X I of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition. SEC. 748. (a) There is hereby appropriated $ 350,000,000 of which $60,000,000 is provided for purchases of cheese and other dairy products under 7 U.S.C. 2036(a) and $290,000,000 is provided to the Secretary of Agriculture to assist dairy producers under section 10104 of Public Law 107–171. (b)(1) RE GULATIONS .—The Secretary of Agriculture may promul- gate such regulations as are necessary to implement this section. (2) P R OCE D URE.—The promulgation of the implementing regula- tions and the administration of this section shall be made without regard to— (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective J uly 24, 1971 (36 F ed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’). (3) CONGRESSIONAL RE V IE W O F AGENC Y RULE M A K ING.—In car- rying out this section, the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. SEC. 749. (a) Section 6(e)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. (b) Section 9(f)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. (c)(1) Section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. (2) Section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. Earm ar ks.
