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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1406 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 99
111th CONGRESS
  1st Session
                                S. 1406

                          [Report No. 111-39]

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2010, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2009

Mr. Kohl, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,285,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                       Office of Tribal Relations

    For necessary expenses of the Office of Tribal Relations, 
$1,000,000, to support communication and consultation activities with 
Federally Recognized Tribes, as well as other requirements established 
by law.

                          Executive Operations

                     office of the chief economist

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

                       national appeals division

    For necessary expenses of the National Appeals Division, 
$15,219,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $9,436,0000.

                      office of homeland security

    For necessary expenses of the Office of Homeland Security, 
$1,859,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $63,579,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $6,566,000: Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $895,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $23,422,000.

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $274,482,000, to remain available until expended, of 
which $168,901,000 shall be available for payments to the General 
Services Administration for rent; of which $13,500,000 for payment to 
the Department of Homeland Security for building security activities; 
and of which $92,081,000 for buildings operations and maintenance 
expenses: Provided, That the Secretary is authorized to transfer funds 
from a Departmental agency to this account to recover the full cost of 
the space and security expenses of that agency that are funded by this 
account when the actual costs exceed the agency estimate which will be 
available for the activities and payments described herein.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $41,319,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department: Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558: Provided further, That of the amount appropriated, $13,000,000 
is for stabilization and developmental activities to be carried out 
under the authority provided by title XIV of the Food and Agriculture 
Act of 1977 (7 U.S.C. 3101 et seq.) and other applicable laws.

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,968,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: Provided further, 
That no funds made available by this appropriation may be obligated 
after 30 days from the date of enactment of this Act, unless the 
Secretary has notified the Committees on Appropriations of both Houses 
of Congress on the allocation of these funds by USDA agency: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, $9,722,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$88,025,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$43,551,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $895,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service, 
$82,078,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $161,830,000, of which up to $37,908,000 shall be available 
until expended for the Census of Agriculture.

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,181,632,000, of which $35,512,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the report to accompany this Act:  Provided, That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, 
alteration, and repair of buildings and improvements, but unless 
otherwise provided, the cost of constructing any one building shall not 
exceed $375,000, except for headhouses or greenhouses which shall each 
be limited to $1,200,000, and except for 10 buildings to be constructed 
or improved at a cost not to exceed $750,000 each, and the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building or $375,000, 
whichever is greater: Provided further, That the limitations on 
alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland: Provided 
further, That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center: Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a): Provided further, That funds may be received from any State, 
other political subdivision, organization, or individual for the 
purpose of establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by law.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $47,027,000, 
of which $47,027,000 shall be for the purposes, and in the amounts, 
specified in the table titled ``Congressionally Designated Projects'' 
in the report to accompany this Act, to remain available until 
expended.

               National Institute of Food and Agriculture

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$757,821,000, of which $61,406,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the report to accompany this Act, as follows: to carry 
out the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
$215,000,000; for grants for cooperative forestry research (16 U.S.C. 
582a through a-7), $30,000,000; for payments to eligible institutions 
(7 U.S.C. 3222), $49,000,000, provided that each institution receives 
no less than $1,000,000; for special grants (7 U.S.C. 450i(c)), 
$50,456,000; for competitive grants on improved pest control (7 U.S.C. 
450i(c)), $16,423,000; for competitive grants (7 U.S.C. 450(i)(b)), 
$295,181,000, to remain available until expended; for the support of 
animal health and disease programs (7 U.S.C. 3195), $1,000,000; for 
supplemental and alternative crops and products (7 U.S.C. 3319d), 
$850,000; for grants for research pursuant to the Critical Agricultural 
Materials Act (7 U.S.C. 178 et seq.), $1,083,000, to remain available 
until expended; for the 1994 research grants program for 1994 
institutions pursuant to section 536 of Public Law 103-382 (7 U.S.C. 
301 note), $2,000,000, to remain available until expended; for 
rangeland research grants (7 U.S.C. 3333), $983,000; for higher 
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,859,000, 
to remain available until expended (7 U.S.C. 2209b); for a program 
pursuant to section 1415A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 
$5,000,000, 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)), 
$981,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $7,737,000; for competitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3156 to individual eligible institutions 
or consortia of eligible institutions in Alaska and in Hawaii, with 
funds awarded equally to each of the States of Alaska and Hawaii, 
$3,200,000; for a secondary agriculture education program and 2-year 
post-secondary education (7 U.S.C. 3152(j)), $983,000; for aquaculture 
grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture 
research and education (7 U.S.C. 5811), $14,500,000; for a program of 
capacity building grants (7 U.S.C. 3152(b)(4)) to institutions eligible 
to receive funds under 7 U.S.C. 3221 and 3222, $16,500,000, 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), $800,000; 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), $750,000; for a competitive grants program for farm 
business management and benchmarking (7 U.S.C. 5925f), $2,000,000; for 
a competitive grants program regarding biobased energy (7 U.S.C. 8114), 
$1,500,000; and for necessary expenses of Research and Education 
Activities, $25,111,000, of which $2,704,000 for the Research, 
Education, and Economics Information System and $2,136,000 for the 
Electronic Grants Information System, are to remain available until 
expended.

              native american institutions endowment fund

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

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 
American Samoa, $491,292,000, of which $7,898,000 shall be for the 
purposes, and in the amounts, specified in the table titled 
``Congressionally Designated Projects'' in the report to accompany this 
Act, as follows: payments for cooperative extension work under the 
Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said 
Act, and under section 208(c) of Public Law 93-471, for retirement and 
employees' compensation costs for extension agents, $300,000,000; 
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $4,000,000; payments for the nutrition 
and family education program for low-income areas under section 3(d) of 
the Act, $68,139,000; payments for the pest management program under 
section 3(d) of the Act, $10,085,000; payments for the farm safety 
program under section 3(d) of the Act, $4,863,000; payments for New 
Technologies for Ag Extension under section 3(d) of the Act, 
$2,000,000; payments to upgrade research, extension, and teaching 
facilities at institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222, $18,540,000, to remain available until expended; 
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,427,000; for youth farm safety education and 
certification extension grants, to be awarded competitively under 
section 3(d) of the Act, $493,000; payments for carrying out the 
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 
1671 et seq.), $4,128,000; payments for the federally-recognized Tribes 
Extension Program under section 3(d) of the Smith-Lever Act, 
$3,090,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,705,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by 
eligible institutions (7 U.S.C. 3221), $41,354,000, provided that each 
institution receives no less than $1,000,000; for grants to youth 
organizations pursuant to 7 U.S.C. 7630, $1,767,000; payments to carry 
out the food animal residue avoidance database program as authorized by 
7 U.S.C. 7642, $1,000,000; payments to carry out section 1672(e)(49) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5925), as amended, $500,000; and for necessary expenses of Extension 
Activities, $16,463,000.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $56,864,000, 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), $41,990,000, including $12,649,000 for the water 
quality program, $14,596,000 for the food safety program, $4,096,000 
for the regional pest management centers program, $4,388,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,365,000 for the crops affected by Food Quality Protection 
Act implementation, $3,054,000 for the methyl bromide transition 
program, and $1,842,000 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 89-106, as amended, $732,000, to 
remain available until September 30, 2011, for the critical issues 
program; $1,312,000 for the regional rural development centers program; 
and $9,830,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977, to remain available until 
September 30, 2011.

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$911,394,000, of which $18,059,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the report 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 $14,607,000 
shall be for a National Animal Identification program; of which 
$60,243,000 shall be used to prevent and control avian influenza and 
shall remain available until expended: Provided, That funds provided 
for the contingency fund to meet emergency conditions, information 
technology infrastructure, fruit fly program, emerging plant pests, 
cotton pests program, grasshopper and mormon cricket program, the plum 
pox program, the National Veterinary Stockpile, the National Animal 
Identification System, up to $1,500,000 in the scrapie program for 
indemnities, up to $1,000,000 for wildlife services methods 
development, up to $1,000,000 of the wildlife services operations 
program for aviation safety, and up to 25 percent of the screwworm 
program shall remain available until expended: Provided further, That 
no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent: Provided 
further, That this appropriation shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed four, of 
which two shall be for replacement only: Provided further, That, in 
addition, in emergencies which threaten any segment of the agricultural 
production industry of this country, the Secretary may transfer from 
other appropriations or funds available to the agencies or corporations 
of the Department such sums as may be deemed necessary, to be available 
only in such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any 
unexpended balances of funds transferred for such emergency purposes in 
the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2010, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be credited to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$90,848,000: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).

                 limitation on administrative expenses

    Not to exceed $64,583,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including not 
less than $20,000,000 for replacement of a system to support commodity 
purchases, except for: (1) transfers to the Department of Commerce as 
authorized by the Fish and Wildlife Act of August 8, 1956; (2) 
transfers otherwise provided in this Act; and (3) not more than 
$20,056,000 for formulation and administration of marketing agreements 
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 
and the Agricultural Act of 1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,334,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $41,564,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

        limitation on inspection and weighing services expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, this 
limitation may be exceeded by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety, $813,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in 
addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade Act of 
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public 
Health Data Communication Infrastructure system shall remain available 
until expended: Provided further, That no fewer than 150 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 under this heading, $3,000,000 shall be obligated to maintain 
the Humane Animal Tracking System as part of the Public Health Data 
Communication Infrastructure System:  Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services, $895,000.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,253,777,000: 
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency: Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with 
this account: Provided further, That funds made available to county 
committees shall remain available until expended.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until 
expended.

                        dairy indemnity program

                     (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended: Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described 
in the Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 
Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), direct and guaranteed 
conservation loans (7 U.S.C. 1924 et seq.) and Indian highly 
fractionated land loans (25 U.S.C. 488), to be available from funds in 
the Agricultural Credit Insurance Fund, as follows: farm ownership 
loans, $1,892,990,000, of which $1,500,000,000 shall be for 
unsubsidized guaranteed loans and $392,990,000 shall be for direct 
loans; operating loans, $1,994,467,000, of which $1,150,000,000 shall 
be for unsubsidized guaranteed loans, $144,467,000 shall be for 
subsidized guaranteed loans and $700,000,000 shall be for direct loans; 
Indian tribe land acquisition loans, $2,000,000; conservation loans, 
$150,000,000, of which $75,000,000 shall be for guaranteed loans and 
$75,000,000 shall be for direct loans; Indian highly fractionated land 
loans, $10,000,000; and for boll weevil eradication program loans, 
$100,000,000: Provided, That the Secretary shall deem the pink bollworm 
to be a boll weevil for the purpose of boll weevil eradication program 
loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $21,584,000, of which 
$5,550,000 shall be for unsubsidized guaranteed loans, and $16,034,000 
shall be for direct loans; operating loans, $80,402,000, of which 
$26,910,000 shall be for unsubsidized guaranteed loans, $20,312,000 
shall be for subsidized guaranteed loans, and $33,180,000 shall be for 
direct loans; conservation loans, $1,343,000, of which $278,000 shall 
be for guaranteed loans, and $1,065,000 shall be for direct loans; and 
Indian highly fractionated land loans, $793,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $321,093,000, of which 
$313,173,000 shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating, and conservation direct 
loans and guaranteed loans may be transferred among these programs: 
Provided, That the Committees on Appropriations of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $79,425,000: 
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the 
Common Information Management System: Provided further, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $895,000.

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$949,577,000, to remain available until September 30, 2011, of which up 
to $50,730,000 may be used in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant 
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 
1935 (16 U.S.C. 590a-590f); and subtitle H of title XV of the 
Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), and of which 
$21,511,000 shall be for the purposes, and in the amounts, specified in 
the table titled ``Congressionally Designated Projects'' in the report 
to accompany this Act: Provided, That appropriations hereunder shall be 
available pursuant to 7 U.S.C. 2250 for construction and improvement of 
buildings and public improvements at plant materials centers, except 
that the cost of alterations and improvements to other buildings and 
other public improvements shall not exceed $250,000: Provided further, 
That the Secretary is authorized to transfer ownership of all land, 
buildings, and related improvements of the Natural Resources 
Conservation Service facilities located in Medicine Bow, Wyoming, to 
the Medicine Bow Conservation District: Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a.

               watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing 
works and changes in use of land, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $24,394,000, to remain available until 
expended, of which $16,750,000 shall be for the purposes, and in the 
amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the report to accompany this Act: Provided, That not to 
exceed $15,000,000 of this appropriation shall be available for 
technical assistance.

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$40,161,000, to remain available until expended.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $895,000.

                Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$207,237,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area: Provided further, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $13,226,501,000 for loans to section 502 borrowers, of which 
$1,226,501,000 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.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $217,322,000, of which 
$44,522,000 shall be for direct loans, and of which $172,800,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $4,422,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$18,935,000; section 538 multi-family housing guaranteed loans, 
$1,485,000; and credit sales of acquired property, $556,000: Provided, 
That section 538 multi-family housing guaranteed loans funded pursuant 
to this paragraph shall not be subject to a guarantee fee and the 
interest on such loans may not be subsidized: Provided further, That 
any balances for a demonstration program for the preservation and 
revitalization of the section 515 multi-family rental housing 
properties as authorized by Public Law 109-97 and Public Law 110-5 
shall be transferred to and merged with the ``Rural Housing Service, 
Multi-family Housing Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $468,593,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$980,000,000; and, in addition, such sums as may be necessary, as 
authorized by section 521(c) of the Act, to liquidate debt incurred 
prior to fiscal year 1992 to carry out the rental assistance program 
under section 521(a)(2) of the Act: Provided, That of this amount, up 
to $5,958,000 may be available for debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the Act, 
and not to exceed $50,000 per project for advances to nonprofit 
organizations or public agencies to cover direct costs (other than 
purchase price) incurred in purchasing projects pursuant to section 
502(c)(5)(C) of the Act: Provided further, That of this amount not less 
than $2,030,000 is available for newly constructed units financed by 
section 515 of the Housing Act of 1949, and not less than $3,400,000 is 
for newly constructed units financed under sections 514 and 516 of the 
Housing Act of 1949: Provided further, That rental assistance 
agreements entered into or renewed during the current fiscal year shall 
be funded for a one-year period: Provided further, That any unexpended 
balances remaining at the end of such one-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
of the Act: Provided further, That rental assistance provided under 
agreements entered into prior to fiscal year 2010 for a farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act may not be recaptured for use in another project until such 
assistance has remained unused for a period of 12 consecutive months, 
if such project has a waiting list of tenants seeking such assistance 
or the project has rental assistance eligible tenants who are not 
receiving such assistance: Provided further, That such recaptured 
rental assistance shall, to the extent practicable, be applied to 
another farm labor multi-family housing project financed under section 
514 or 516 of the Act.

          multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing demonstration program 
to provide revolving loans for the preservation of low-income multi-
family housing projects, and for additional costs to conduct a 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph, 
$39,651,000, to remain available until expended: Provided, That of the 
funds made available under this heading, $18,000,000 shall be available 
for rural housing vouchers to any low-income household (including those 
not receiving rental assistance) residing in a property financed with a 
section 515 loan which has been prepaid after September 30, 2005: 
Provided further, That the amount of such voucher shall be the 
difference between comparable market rent for the section 515 unit and 
the tenant paid rent for such unit: Provided further, That funds made 
available for such vouchers shall be subject to the availability of 
annual appropriations: Provided further, That the Secretary shall, to 
the maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development (including the ability to pay administrative costs 
related to delivery of the voucher funds): Provided further, That if 
the Secretary determines that the amount made available for vouchers in 
this or any other Act is not needed for vouchers, the Secretary may use 
such funds for the demonstration programs for the preservation and 
revitalization of multi-family rental housing properties described in 
this paragraph: Provided further, That of the funds made available 
under this heading, $1,791,000 shall be available for the cost of loans 
to private nonprofit organizations, or such nonprofit organizations' 
affiliate loan funds and State and local housing finance agencies, to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of 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 Rural Housing Service for up to 3 years 
and the term of such loans shall not exceed 30 years: Provided further, 
That of the funds made available under this heading, $19,860,000 shall 
be available for a demonstration program for the preservation and 
revitalization of the section 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 preserve the 
project for the purpose of providing safe and affordable housing for 
low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances, payments and incentives (including the ability of owners to 
obtain reasonable returns on investment) required by the Secretary: 
Provided further, That the Secretary shall as part of the preservation 
and revitalization agreement obtain a restrictive use agreement 
consistent with the terms of the restructuring: Provided further, That 
if the Secretary determines that additional funds for vouchers 
described in this paragraph are needed, funds for the preservation and 
revitalization demonstration program may be used for such vouchers: 
Provided further, That the Secretary may use any unobligated funds 
appropriated for the rural housing voucher program in a prior fiscal 
year to support information technology activities of the Rural Housing 
Service to the extent the Secretary determines that additional funds 
are not needed for this fiscal year to provide vouchers described in 
this paragraph: Provided further, That if Congress 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 notification of the Committees on Appropriations of both 
Houses of Congress.

                  mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available 
until expended.

                    rural housing assistance grants

                     (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$41,500,000, to remain available until expended: Provided, That any 
balances to carry out a housing demonstration program to provide 
revolving loans for the preservation of low-income multi-family housing 
projects as authorized in Public Law 108-447 and Public Law 109-97 
shall be transferred to and merged with the ``Rural Housing Service, 
Multi-family Housing Revitalization Program Account''.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $16,968,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

               rural community facilities program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $54,993,000, to remain available until expended: 
Provided, That $6,256,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development Initiative: 
Provided further, That such funds shall be used solely to develop the 
capacity and ability of private, nonprofit community-based housing and 
community development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas: Provided further, That such funds 
shall be made available to qualified private, nonprofit and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That $13,902,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That $3,972,000 of the amount appropriated 
under this heading shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of such Act: 
Provided further, That 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.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural 
Development Act, $97,116,000, to remain available until expended: 
Provided, That of the amount appropriated under this heading, not to 
exceed $500,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development and $2,979,000 
shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et 
seq.) for any Rural Community Advancement Program purpose as described 
in section 381E(d) of the Consolidated Farm and Rural Development Act, 
of which not more than 5 percent may be used for administrative 
expenses: Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit Federally 
Recognized Native American Tribes, including $250,000 for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development: Provided 
further, That sections 381E-H and 381N of the Consolidated Farm and 
Rural Development Act are not applicable to funds made available under 
this heading: Provided further, That any prior balances in the Rural 
Development, Rural Community Advancement Program account for programs 
authorized by sections 306 and 310B and described in sections 310B(f) 
and 381E(d)(3) of such Act be transferred and merged with this account 
and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
    For the cost of direct loans, $8,464,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,035,000 
shall be available through June 30, 2010, for Federally Recognized 
Native American Tribes and of which $2,070,000 shall be available 
through June 30, 2010, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,941,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $43,000,000 shall not be obligated and $43,000,000 are 
rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932(i)), $38,854,000, of which $300,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,800,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $3,463,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
socially disadvantaged producers and whose governing board and/or 
membership is comprised of at least 75 percent socially disadvantaged 
members; and of which $21,867,000, to remain available until expended, 
shall be for value-added agricultural product market development 
grants, as authorized by section 231 of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 1621 note).

            rural microenterprise investment program account

    For the cost of loans and grants, $22,000,000 as authorized by 
section 379E of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1981 et seq.): Provided, That such costs of loans, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                    rural energy for america program

    For the cost of a program of loan guarantees and grants, under the 
same terms and conditions as authorized by section 9007 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $68,130,000: 
Provided, That the cost of loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                 Biorefinery Assistance Program Account

    For the cost of guaranteed loans, $17,339,000, as authorized by 
section 9003 of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8107): 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.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $568,730,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $70,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act, Federally-recognized 
Native American Tribes authorized by 306C(a)(1), and the Department of 
Hawaiian Home Lands (of the State of Hawaii): Provided further, That 
such loans and grants shall not be subject to any matching 
requirements: Provided further, That not to exceed $19,000,000 of the 
amount appropriated under this heading shall be for technical 
assistance grants for rural water and waste systems pursuant to section 
306(a)(14) of such Act, unless the Secretary makes a determination of 
extreme need, of which $5,600,000 shall be made available for a grant 
to a qualified non-profit multi-state regional technical assistance 
organization, with experience in working with small communities on 
water and waste water problems, the principal purpose of such grant 
shall be to assist rural communities with populations of 3,300 or less, 
in improving the planning, financing, development, operation, and 
management of water and waste water systems, and of which not less than 
$800,000 shall be for a qualified national Native American organization 
to provide technical assistance for rural water systems for tribal 
communities: Provided further, That not to exceed $14,000,000 of the 
amount appropriated under this heading shall be for contracting with 
qualified national organizations for a circuit rider program to provide 
technical assistance for rural water systems: Provided further, That 
$17,500,000 of the amount appropriated under this heading shall be 
transferred to, and merged with, the Rural Utilities Service, High 
Energy Cost Grants Account to provide grants authorized under section 
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided 
further, That any prior year balances for high cost energy grants 
authorized by section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a) shall be transferred to and merged with the Rural 
Utilities Service, High Energy Costs Grants Account: Provided further, 
That sections 381E-H and 381N of the Consolidated Farm and Rural 
Development Act are not applicable to the funds made available under 
this heading: Provided further, That any prior balances in the Rural 
Development, Rural Community Advancement Program account programs 
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and 
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of such 
Act be transferred to and merged with this account and any other prior 
balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by sections 305 and 306 of the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936) shall be made as follows: 5 percent rural 
electrification loans, $100,000,000; loans made pursuant to section 306 
of that Act, rural electric, $6,500,000,000; guaranteed underwriting 
loans pursuant to section 313A, $500,000,000; 5 percent rural 
telecommunications loans, $145,000,000; cost of money rural 
telecommunications loans, $250,000,000; and for loans made pursuant to 
section 306 of that Act, rural telecommunications loans, $295,000,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $39,959,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$531,699,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $37,755,000, to remain 
available until expended: Provided, That $3,000,000 shall be made 
available for grants authorized by 379G of the Consolidated Farm and 
Rural Development Act: Provided further, That $4,965,000 shall be made 
available to those noncommercial educational television broadcast 
stations that serve rural areas and are qualified for Community Service 
Grants by the Corporation for Public Broadcasting under section 396(k) 
of the Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, 
studio-to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high-definition 
broadcast, multi-casting and datacasting technologies.
    For the cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act, $38,495,000, to remain available until 
expended: Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $13,406,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services, $813,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    In lieu of the amounts made available in section 14222(b) of the 
Food, Conservation, and Energy Act of 2008, for necessary expenses to 
carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), except section 21, and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $16,799,584,000, 
to remain available through September 30, 2011, of which 
$10,051,707,000 is hereby appropriated and $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): Provided, That of the total amount 
available, $5,000,000 shall be available to be awarded as competitive 
grants to implement section 4405 of the Food, Conservation, and Energy 
Act of 2008 (Public Law 110-246), and may be awarded notwithstanding 
the limitations imposed by sections 4405(b)(1)(A) and 4405(c)(1)(A).

special supplemental nutrition program for women, infants, and children 
                                 (wic)

    For necessary expenses to carry out the WIC Program as authorized 
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$7,552,000,000, to remain available through September 30, 2011: 
Provided, That none of the funds provided in this account shall be 
available for the purchase of infant formula except in accordance with 
the cost containment and competitive bidding requirements specified in 
section 17 of such Act: Provided further, That none of the funds 
provided shall be available for activities that are not fully 
reimbursed by other Federal Government departments or agencies unless 
authorized by section 17 of such Act.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $61,351,846,000, of which $3,000,000,000, 
to remain available through September 30, 2011, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008: Provided further, That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law: Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available until expended, notwithstanding section 16(h)(1) of 
the Food and Nutrition Act of 2008: Provided further, That funds made 
available under this heading may be used to enter into contracts and 
employ staff to conduct studies, evaluations, or to conduct activities 
related to program integrity provided that such activities are 
authorized by the Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $233,388,000, to 
remain available through September 30, 2011: Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2010 to support the Seniors Farmers' 
Market Nutrition Program, as authorized by section 4402 of the Farm 
Security and Rural Investment Act of 2002, such funds shall remain 
available through September 30, 2011: Provided further, That of the 
funds made available under section 27(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
costs associated with the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$147,801,000.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $180,367,000: Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures 
made on behalf of Federal agencies, public and private organizations 
and institutions under agreements executed pursuant to the agricultural 
food production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development: Provided further, That funds made available for middle-
income country training programs and up to $2,000,000 of the Foreign 
Agricultural Service appropriation solely for the purpose of offsetting 
fluctuations in international currency exchange rates, subject to 
documentation by the Foreign Agricultural Service, shall remain 
available until expended.

  food for peace title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Public Law 83-480 and the Food for Progress Act of 1985, 
$2,812,000, shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses'': Provided, That 
funds made available for the cost of agreements under title I of the 
Agricultural Trade Development and Assistance Act of 1954 and for title 
I ocean freight differential may be used interchangeably between the 
two accounts with prior notice to the Committees on Appropriations of 
both Houses of Congress.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480, as amended), 
for commodities supplied in connection with dispositions abroad under 
title II of said Act, $1,690,000,000, to remain available until 
expended.

       commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$6,820,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $6,465,000 shall 
be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $355,000 
shall be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses''.

  mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $199,500,000, to remain available until expended: Provided, That of 
this amount, the Secretary shall use up to $10,000,000 to conduct pilot 
projects to field test new and improved micronutrient fortified food 
products designed to meet energy and nutrient needs of program 
participants: Provided further, That the Commodity Credit Corporation 
is authorized to provide the services, facilities, and authorities for 
the purpose of implementing such section, subject to reimbursement from 
amounts provided herein.

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $2,995,218,000: Provided, That of the amount 
provided under this heading, $578,162,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2011 but collected in fiscal year 2010; 
$57,014,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; $17,280,000 shall be derived from animal drug 
user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; and $5,106,000 shall be 
derived from animal generic drug user fees authorized by 21 U.S.C. 
379f, and shall be credited to this account and shall remain available 
until expended: Provided further, That fees derived from prescription 
drug, medical device, animal drug, and animal generic drug 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 none of these funds shall be used to develop, 
establish, or operate any program of user fees authorized by 31 U.S.C. 
9701: Provided further, That of the total amount appropriated: (1) 
$782,915,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $873,104,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs, of which no less than $51,545,000 shall be available for the 
Office of Generic Drugs; (3) $305,249,000 shall be for the Center for 
Biologics Evaluation and Research and for related field activities in 
the Office of Regulatory Affairs; (4) $155,540,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $349,262,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $58,745,000 shall be for the 
National Center for Toxicological Research; (7) not to exceed 
$115,882,000 shall be for Rent and Related activities, of which 
$41,496,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$168,728,000 shall be for payments to the General Services 
Administration for rent; and (9) $185,793,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior notification of the Committees on Appropriations 
of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and 
priority review user fees authorized by 21 U.S.C. 360n may be credited 
to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, 
alteration, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$12,433,000, to remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $54,500,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS

                         (including rescission)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 204 passenger motor vehicles, of which 170 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702.  Section 10101 of division B of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009, 
(Public Law 110-329) is amended in subsection (b) by inserting at the 
end the following: ``In carrying out this section, the Secretary may 
transfer funds into existing or new accounts as determined by the 
Secretary.''.
    Sec. 703.  The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none 
of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior notification 
of the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior notification of the 
Committees on Appropriations of both Houses of Congress: Provided 
further, That none of the funds appropriated by this Act or made 
available to the Department's Working Capital Fund shall be available 
for obligation or expenditure to make any changes to the Department's 
National Finance Center without prior approval of the Committees on 
Appropriations of both Houses of Congress as required by section 712 of 
this Act: Provided further, That of annual income amounts in the 
Working Capital Fund of the Department of Agriculture allocated for the 
National Finance Center, the Secretary may reserve not more than 4 
percent for the replacement or acquisition of capital equipment, 
including equipment for the improvement and implementation of a 
financial management plan, information technology, and other systems of 
the National Finance Center or to pay any unforeseen, extraordinary 
cost of the National Finance Center: Provided further, That none of the 
amounts reserved shall be available for obligation unless the Secretary 
submits notification of the obligation to the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That the limitation on the obligation of funds pending 
notification to Congressional Committees shall not apply to any 
obligation that, as determined by the Secretary, is necessary to 
respond to a declared state of emergency that significantly impacts the 
operations of the National Finance Center; or to evacuate employees of 
the National Finance Center to a safe haven to continue operations of 
the National Finance Center.
    Sec. 704.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties: 
Provided, That this does not preclude appropriate payment of indirect 
costs on grants and contracts with such institutions when such indirect 
costs are computed on a similar basis for all agencies for which 
appropriations are provided in this Act.
    Sec. 706.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 707.  Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 708.  Hereafter, none of the funds appropriated by this Act or 
any other Act may be used to carry out section 410 of the Federal Meat 
Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
Inspection Act (21 U.S.C. 471).
    Sec. 709.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
30 days unless the individual's employing agency or office is fully 
reimbursed by the receiving agency or office for the salary and 
expenses of the employee for the period of assignment.
    Sec. 710.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 711.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer unless prior notification has been 
transmitted to the Committees on Appropriations of both Houses of 
Congress: Provided further, That none of the funds available to the 
Department of Agriculture for information technology shall be obligated 
for projects over $25,000 prior to receipt of written approval by the 
Chief Information Officer.
    Sec. 712. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Committees 
        on Appropriations of both Houses of Congress are notified 15 
        days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture or the Secretary of Health and 
Human Services shall notify the Committees on Appropriations of both 
Houses of Congress before implementing a program or activity not 
carried out during the previous fiscal year unless the program or 
activity is funded by this Act or specifically funded by any other Act.
    Sec. 713.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2011 appropriations Act.
    Sec. 714.  None of the funds made available by this or any other 
Act may be used to close or relocate a Rural Development office unless 
or until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: Provided, That not later than 
120 days before the date of the proposed closure or relocation, the 
Secretary notifies the Committees on Appropriation of the House and 
Senate, and the members of Congress from the State in which the office 
is located of the proposed closure or relocation and provides a report 
that describes the justifications for such closures and relocations.
    Sec. 715.  None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 716.  There is hereby appropriated $499,000 for any authorized 
Rural Development program purpose, in communities suffering from 
extreme outmigration and situated in areas that were designated as part 
of an Empowerment Zone pursuant to section 111 of the Community Renewal 
Tax Relief Act of 2000 (as contained in appendix G of Public Law 106-
554).
    Sec. 717.  None of the funds made available in fiscal year 2010 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian 
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall only be 
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson 
Humanitarian Trust Act.
    Sec. 718.  There is hereby appropriated $3,497,000, to remain 
available until expended, for a grant to the National Center for 
Natural Products Research for construction or renovation to carry out 
the research objectives of the natural products research grant issued 
by the Food and Drug Administration.
    Sec. 719.  Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year.
    Sec. 720.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out the following:
            (1) An Environmental Quality Incentives Program as 
        authorized by sections 1241-240H of the Food Security Act of 
        1985, as amended (16 U.S.C. 3839aa-3839aa(8)), in excess of 
        $1,180,000,000.
            (2) a program authorized by section 14(h)(1) of the 
        Watershed Protection and Flood Prevention Act (16 U.S.C. 
        1012(h)(1).
            (3) a program under subsection (b)(2)(A)(ii) of section 
        14222 of Public Law 110-246 in excess of $1,123,000,000: 
        Provided, That none of the funds made available in this Act or 
        any other Act shall be used for salaries and expenses to carry 
        out section 19(i)(1)(C) of the Richard B. Russell National 
        School Lunch Act as amended by section 4304 of Public Law 110-
        246 in excess of $25,000,000 until October 1, 2010: Provided 
        further, That the unobligated balances under section 32 of the 
        Act of August 24, 1935, $52,000,000 are hereby rescinded.
    Sec. 721.  Hereafter, notwithstanding any other provision of law, 
any former RUS borrower that has repaid or prepaid an insured, direct 
or guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 722.  There is hereby appropriated $2,600,000, to remain 
available until expended, for the planning and design of construction 
of an agricultural pest facility in the State of Hawaii.
    Sec. 723.  There is hereby appropriated $4,000,000 to the Secretary 
of Agriculture to award grant(s) to develop and field test new food 
products designed to improve the nutritional delivery of humanitarian 
food assistance provided through the McGovern-Dole (section 3107 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1)) and 
the Food for Peace title II (7 U.S.C. 1691 et seq.) programs: Provided, 
That the Secretary shall use the authorities provided under the 
Research, Education, and Economics mission area of the Department in 
awarding such grant(s), with priority given to proposals that 
demonstrate partnering with and in-kind support from the private 
sector.
    Sec. 724.  The Rural Utilities Service, Rural Housing Service, and 
Rural Business and Cooperative Service shall permit an applicant to 
solicit and procure professional services and have prepared all 
environmental reviews, assessments, and impact statements: Provided, 
That such professional services will be funded by the applicants and 
selected by the agencies from procurement schedules of contractors 
determined qualified to perform said services: Provided further, That 
the Agencies shall establish the scope of work and procedures for such 
services as well as procedures to assure contractors have no financial 
or other conflicts of interest in the outcome of the action and the 
documentation meets the needs of the Agencies: Provided further, That 
nothing herein shall affect the responsibility of the Agencies to 
comply with the National Environmental Policy Act.
    Sec. 725.  Notwithstanding any other provision of law, and until 
receipt of the decennial Census for the year 2010, the Secretary of 
Agriculture shall consider--
            (1) The unincorporated community of Los Osos, in the County 
        of San Luis Obispo, California, to be a rural area for the 
        purposes of eligibility for Rural Utilities Service water and 
        waste disposal loans and grants; and
            (2) The unincorporated community of Thermalito in Butte 
        County, California, (including individuals and entities with 
        projects within the community) eligible for loans and grants 
        funded under the housing programs of the Rural Housing Service.
    Sec. 726.  There is hereby appropriated $3,000,000 for section 4404 
of Public Law 107-171.
    Sec. 727.  Notwithstanding any other provision of law, there is 
hereby appropriated:
            (1) $3,000,000 of which $2,000,000 shall be for a grant to 
        the Wisconsin Department of Agriculture, Trade, and Consumer 
        Protection, and $1,000,000 shall be for a grant to the Vermont 
        Agency of Agriculture, Foods, and Markets, as authorized by 
        section 6402 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 1621 note); and
            (2) $350,000 for a grant to the Wisconsin Department of 
        Agriculture, Trade and Consumer Protection.
    Sec. 728.  Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
            (1) through the Watershed and Flood Prevention Operations 
        program for the Pocasset River Floodplain Management Project in 
        the State of Rhode Island;
            (2) through the Watershed and Flood Prevention Operations 
        program to carry out the East Locust Creek Watershed Plan 
        Revision in Missouri, including up to 100 percent of the 
        engineering assistance and 75 percent cost share for 
        construction cost of site RW1;
            (3) through the Watershed and Flood Prevention Operations 
        program to carry out the Little Otter Creek Watershed project 
        in Missouri. The sponsoring local organization may obtain land 
        rights by perpetual easements;
            (4) through the Watershed and Flood Prevention Operations 
        program to carry out the DuPage County Watershed project in the 
        State of Illinois;
            (5) through the Watershed and Flood Prevention Operations 
        program to carry out the Dunloup Creek Watershed Project in 
        Fayette and Raleigh Counties, West Virginia;
            (6) through the Watershed and Flood Prevention Operations 
        program to carry out the Dry Creek Watershed project in the 
        State of California; and
            (7) through the Watershed and Flood Prevention Operations 
        program to carry out the Upper Clark Fork Watershed project in 
        the State of Montana.
    Sec. 729.  Section 17(r)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
            (1) by striking ``ten'' and inserting ``eleven'';
            (2) by striking ``eight'' and inserting ``nine''; and
            (3) by inserting ``Wisconsin,'' after the first instance of 
        ``States shall be''.
    Sec. 730.  Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 731.  Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this 
Act for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2011, for information 
technology expenses.
    Sec. 732. (a) Child Nutrition Programs.--Section 9(b) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is 
amended by adding at the end the following:
            ``(14) Combat pay.--
                    ``(A) Definition of combat pay.--In this paragraph, 
                the term `combat pay' means any additional payment 
                under chapter 5 of title 37, United States Code, or 
                otherwise designated by the Secretary to be appropriate 
                for exclusion under this paragraph, that is received by 
                or from a member of the United States Armed Forces 
                deployed to a designated combat zone, if the additional 
                pay--
                            ``(i) is the result of deployment to or 
                        service in a combat zone; and
                            ``(ii) was not received immediately prior 
                        to serving in a combat zone.
                    ``(B) Exclusion.--Combat pay shall not be 
                considered to be income for the purpose of determining 
                the eligibility for free or reduced price meals of a 
                child who is a member of the household of a member of 
                the United States Armed Forces.''.
    (b) Special Supplemental Nutrition Program for Women, Infants, and 
Children.--Section 17(d)(2) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(d)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Combat pay.--For the purpose of determining 
                income eligibility under this section, a State agency 
                shall exclude from income any additional payment under 
                chapter 5 of title 37, United States Code, or otherwise 
                designated by the Secretary to be appropriate for 
                exclusion under this subparagraph, that is received by 
                or from a member of the United States Armed Forces 
                deployed to a designated combat zone, if the additional 
                pay--
                            ``(i) is the result of deployment to or 
                        service in a combat zone; and
                            ``(ii) was not received immediately prior 
                        to serving in a combat zone.''.
    Sec. 733. (a) Section 531(g)(7)(F) of the Federal Crop Insurance 
Act (7 U.S.C. 1531(g)(7)(F)) is amended--
            (1) in the matter preceding clause (i), by inserting 
        ``(including multiyear assistance)'' after ``assistance''; and
            (2) in clause (i), by inserting ``or multiyear production 
        losses'' after ``a production loss''.
    (b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 U.S.C. 
2497(g)(7)(F)) is amended--
            (1) in the matter preceding clause (i), by inserting 
        ``(including multiyear assistance)'' after ``assistance''; and
            (2) in clause (i), by inserting ``or multiyear production 
        losses'' after ``a production loss''.
    Sec. 734.  Notwithstanding section 17(g)(5) of the Child Nutrition 
Act of 1966 (42.U.S.C. 1786(g)(5)), not more than $15,000,000 of funds 
provided in this Act may be used for the purpose of evaluating program 
performance in the Special Supplemental Nutrition Program for Women, 
Infants and Children.
    Sec. 735.  Notwithstanding section 17(h)(10)(A) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)(A)), $154,000,000 of funds 
provided in this Act shall be used for infrastructure, management 
information systems and breastfeeding peer counseling support: 
Provided, That of the $154,000,000, not less than $14,000,000 shall be 
used for infrastructure, not less than $60,000,000 shall be used for 
management information systems, and not less than $80,000,000 shall be 
used for breastfeeding peer counselors and other related activities.
    Sec. 736.  Agencies with jurisdiction for carrying out 
international food assistance programs under the jurisdiction of this 
Act, including title II of the Food for Peace Act and the McGovern-Dole 
International Food for Education Program, shall--
            (1) provide to the Committees on Appropriations of the 
        House and the Senate no later than March 1, 2010, the 
        following:
                    (A) estimates on cost-savings and programmatic 
                efficiencies that would result from increased use of 
                pre-positioning of food aid commodities and processes 
                to ensure such cargoes are appropriately maintained to 
                prevent spoilage;
                    (B) estimates on cost-savings and programmatic 
                efficiencies that would result from the use of longer-
                term commodity procurement contracts, the proportional 
                distribution of commodity purchases throughout the 
                fiscal year, longer-term shipping contracts, contracts 
                which include shared-risk principles, and adoptions of 
                other commercially acceptable contracting practices;
                    (C) estimates on costs of domestic procurement of 
                commodities, domestic inland transportation of food aid 
                commodities, domestic storage (including loading and 
                unloading), foreign storage (including loading and 
                unloading), foreign inland transportation, and ocean 
                freight (including ocean freight as adjusted by the 
                ocean freight differential reimbursement provided by 
                the Secretary of Transportation), and costs relating to 
                allocation and distribution of commodities in recipient 
                countries;
                    (D) information on the frequency of delays in 
                transporting food aid commodities, the cause or purpose 
                of any delays (including how those delays are tracked, 
                monitored and resolved), missed schedules by carriers 
                and non-carriers (and resulting program costs due to 
                such delays, including impacts to program 
                beneficiaries);
                    (E) information on the methodologies to improve 
                interagency coordination between host governments, the 
                World Food Program, and non-governmental organization 
                to develop more consistent estimates of food aid needs 
                and the number of intended recipients to appropriately 
                inform the purchases of commodities and in order to 
                appropriately plan for commodity procurement for food 
                aid programs;
            (2) provide the matter described under subsection (1) of 
        this section in the form of a consensus report under the 
        signatures of the Secretaries of Agriculture, State, and 
        Transportation; and
            (3) estimates and cost savings analysis for this section 
        shall be derived from periods representative of normal program 
        operations.
    Sec. 737.  There is hereby appropriated $7,000,000 to carry out 
section 4202 of Public Law 110-246.
    Sec. 738.  There is hereby appropriated $2,600,000 to carry out 
section 1621 of Public Law 110-246.
    Sec. 739.  There is hereby appropriated $4,000,000 to carry out 
section 1613 of Public Law 110-246.
    Sec. 740.  There is hereby appropriated $250,000, to remain 
available until expended, for a grant to the Kansas Farm Bureau 
Foundation for work-force development initiatives to address out-
migration in rural areas.
    Sec. 741.  There is hereby appropriated $800,000 to the Farm 
Service Agency to carry out a pilot program to demonstrate the use of 
new technologies that increase the rate of growth of re-forested 
hardwood trees on private non-industrial forests lands, enrolling lands 
on the coast of the Gulf of Mexico that were damaged by Hurricane 
Katrina in 2005.
    Sec. 742.  Applicants with very low, low, and moderate incomes 
shall be eligible for the program established in section 791 of Public 
Law 109-97.
    Sec. 743.  The Secretary of Agriculture may authorize a State 
agency to use funds provided in this Act to exceed the maximum amount 
of reconstituted infant formula specified in 7 C.F.R. 246.10 when 
issuing infant formula to participants. Such authorizations shall not 
otherwise impact the eligibility of manufacturers to remain eligible 
under the Special Supplemental Nutrition Program for Women, Infants and 
Children authorized by section 17 of the Child Nutrition Act of 1966.
    Sec. 744.  None of the funds made available by this Act may be used 
to establish or implement a rule allowing poultry products to be 
imported into the United States from the People's Republic of China 
unless the Secretary of Agriculture formally commits in advance to 
conduct audits of inspection systems, on-site reviews of slaughter and 
processing facilities, laboratories and other control operations before 
any Chinese facilities are certified as eligible to ship fully cooked 
poultry products to the United States, and at least once annually in 
subsequent years: Provided, That the Secretary commits in advance to 
implement a significantly increased level of port of entry re-
inspection: Provided further, That the Secretary commits in advance to 
conduct information sharing with other countries importing poultry 
products from China that have conducted audits and plant inspections.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2010''.
                                                        Calendar No. 99

111th CONGRESS

  1st Session

                                S. 1406

                          [Report No. 111-39]

_______________________________________________________________________

                                 A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2010, and for other purposes.

_______________________________________________________________________

                              July 7, 2009

                 Read twice and placed on the calendar
```