II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies programs for the fiscal year 
2 

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1 ending September 30, 2010, and for other purposes, 

2 namely: 

3 TITLE I 

4 AGRICULTURAL PROGRAMS 

5 PRODUCTION, PROCESSING AND MARKETING

6 OFFICE OF THE SECRETARY

7 For necessary expenses of the Office of the Secretary 

8 of Agriculture, $5,285,000: Provided, That not to exceed 

9 $11,000 of this amount shall be available for official recep10 tion and representation expenses, not otherwise provided 

11 for, as determined by the Secretary. 

12 OFFICE OF TRIBAL RELATIONS

13 For necessary expenses of the Office of Tribal Rela14 tions, $1,000,000, to support communication and con15 sultation activities with Federally Recognized Tribes, as 

16 well as other requirements established by law. 

17 EXECUTIVE OPERATIONS

18 OFFICE OF THE CHIEF ECONOMIST

19 For necessary expenses of the Office of the Chief 

20 Economist, $13,032,000. 

21 NATIONAL APPEALS DIVISION

22 For necessary expenses of the National Appeals Divi23 sion, $15,219,000. 
3 

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1 OFFICE OF BUDGET AND PROGRAM ANALYSIS

2 For necessary expenses of the Office of Budget and 

3 Program Analysis, $9,436,0000. 

4 OFFICE OF HOMELAND SECURITY

5 For necessary expenses of the Office of Homeland Se6 curity, $1,859,000. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, $63,579,000. 

10 OFFICE OF THE CHIEF FINANCIAL OFFICER

11 For necessary expenses of the Office of the Chief Fi12 nancial Officer, $6,566,000: Provided, That no funds 

13 made available by this appropriation may be obligated for 

14 FAIR Act or Circular A–76 activities until the Secretary 

15 has submitted to the Committees on Appropriations of 

16 both Houses of Congress and the Committee on Oversight 

17 and Government Reform of the House of Representatives 

18 a report on the Department’s contracting out policies, in19 cluding agency budgets for contracting out. 

20 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

21 RIGHTS

22 For necessary expenses of the Office of the Assistant 

23 Secretary for Civil Rights, $895,000. 
4 

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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $23,422,000. 

4 OFFICE OF THE ASSISTANT SECRETARY FOR

5 ADMINISTRATION

6 For necessary expenses of the Office of the Assistant 

7 Secretary for Administration, $806,000. 

8 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

9 PAYMENTS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For payment of space rental and related costs pursu12 ant to Public Law 92–313, including authorities pursuant 

13 to the 1984 delegation of authority from the Adminis14 trator of General Services to the Department of Agri15 culture under 40 U.S.C. 486, for programs and activities 

16 of the Department which are included in this Act, and for 

17 alterations and other actions needed for the Department 

18 and its agencies to consolidate unneeded space into con19 figurations suitable for release to the Administrator of 

20 General Services, and for the operation, maintenance, im21 provement, and repair of Agriculture buildings and facili22 ties, and for related costs, $274,482,000, to remain avail23 able until expended, of which $168,901,000 shall be avail24 able for payments to the General Services Administration 

25 for rent; of which $13,500,000 for payment to the Depart-
5 

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1 ment of Homeland Security for building security activities; 

2 and of which $92,081,000 for buildings operations and 

3 maintenance expenses: Provided, That the Secretary is au4 thorized to transfer funds from a Departmental agency 

5 to this account to recover the full cost of the space and 

6 security expenses of that agency that are funded by this 

7 account when the actual costs exceed the agency estimate 

8 which will be available for the activities and payments de9 scribed herein. 

10 HAZARDOUS MATERIALS MANAGEMENT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Department of Agri13 culture, to comply with the Comprehensive Environmental 

14 Response, Compensation, and Liability Act (42 U.S.C. 

15 9601 et seq.) and the Resource Conservation and Recovery 

16 Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain avail17 able until expended: Provided, That appropriations and 

18 funds available herein to the Department for Hazardous 

19 Materials Management may be transferred to any agency 

20 of the Department for its use in meeting all requirements 

21 pursuant to the above Acts on Federal and non-Federal 

22 lands. 
6 

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1 DEPARTMENTAL ADMINISTRATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For Departmental Administration, $41,319,000, to 

4 provide for necessary expenses for management support 

5 services to offices of the Department and for general ad6 ministration, security, repairs and alterations, and other 

7 miscellaneous supplies and expenses not otherwise pro8 vided for and necessary for the practical and efficient work 

9 of the Department: Provided, That this appropriation shall 

10 be reimbursed from applicable appropriations in this Act 

11 for travel expenses incident to the holding of hearings as 

12 required by 5 U.S.C. 551–558: Provided further, That of 

13 the amount appropriated, $13,000,000 is for stabilization 

14 and developmental activities to be carried out under the 

15 authority provided by title XIV of the Food and Agri16 culture Act of 1977 (7 U.S.C. 3101 et seq.) and other 

17 applicable laws. 

18 OFFICE OF THE ASSISTANT SECRETARY FOR

19 CONGRESSIONAL RELATIONS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the Office of the Assistant 

22 Secretary for Congressional Relations to carry out the pro23 grams funded by this Act, including programs involving 

24 intergovernmental affairs and liaison within the executive 

25 branch, $3,968,000: Provided, That these funds may be 
7 

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1 transferred to agencies of the Department of Agriculture 

2 funded by this Act to maintain personnel at the agency 

3 level: Provided further, That no funds made available by 

4 this appropriation may be obligated after 30 days from 

5 the date of enactment of this Act, unless the Secretary 

6 has notified the Committees on Appropriations of both 

7 Houses of Congress on the allocation of these funds by 

8 USDA agency: Provided further, That no other funds ap9 propriated to the Department by this Act shall be available 

10 to the Department for support of activities of congres11 sional relations. 

12 OFFICE OF COMMUNICATIONS

13 For necessary expenses of the Office of Communica14 tions, $9,722,000. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General, including employment pursuant to the Inspector 

18 General Act of 1978, $88,025,000, including such sums 

19 as may be necessary for contracting and other arrange20 ments with public agencies and private persons pursuant 

21 to section 6(a)(9) of the Inspector General Act of 1978, 

22 and including not to exceed $125,000 for certain confiden23 tial operational expenses, including the payment of inform24 ants, to be expended under the direction of the Inspector 
8 

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1 General pursuant to Public Law 95–452 and section 1337 

2 of Public Law 97–98. 

3 OFFICE OF THE GENERAL COUNSEL

4 For necessary expenses of the Office of the General 

5 Counsel, $43,551,000. 

6 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

7 EDUCATION AND ECONOMICS

8 For necessary expenses of the Office of the Under 

9 Secretary for Research, Education and Economics, 

10 $895,000. 

11 ECONOMIC RESEARCH SERVICE

12 For necessary expenses of the Economic Research 

13 Service, $82,078,000. 

14 NATIONAL AGRICULTURAL STATISTICS SERVICE

15 For necessary expenses of the National Agricultural 

16 Statistics Service, $161,830,000, of which up to 

17 $37,908,000 shall be available until expended for the Cen18 sus of Agriculture. 

19 AGRICULTURAL RESEARCH SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Agricultural Research 

22 Service and for acquisition of lands by donation, exchange, 

23 or purchase at a nominal cost not to exceed $100, and 

24 for land exchanges where the lands exchanged shall be of 

25 equal value or shall be equalized by a payment of money 
9 

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1 to the grantor which shall not exceed 25 percent of the 

2 total value of the land or interests transferred out of Fed3 eral ownership, $1,181,632,000, of which $35,512,000 

4 shall be for the purposes, and in the amounts, specified 

5 in the table titled ‘‘Congressionally Designated Projects’’ 

6 in the report to accompany this Act: Provided, That ap7 propriations hereunder shall be available for the operation 

8 and maintenance of aircraft and the purchase of not to 

9 exceed one for replacement only: Provided further, That 

10 appropriations hereunder shall be available pursuant to 7 

11 U.S.C. 2250 for the construction, alteration, and repair 

12 of buildings and improvements, but unless otherwise pro13 vided, the cost of constructing any one building shall not 

14 exceed $375,000, except for headhouses or greenhouses 

15 which shall each be limited to $1,200,000, and except for 

16 10 buildings to be constructed or improved at a cost not 

17 to exceed $750,000 each, and the cost of altering any one 

18 building during the fiscal year shall not exceed 10 percent 

19 of the current replacement value of the building or 

20 $375,000, whichever is greater: Provided further, That the 

21 limitations on alterations contained in this Act shall not 

22 apply to modernization or replacement of existing facilities 

23 at Beltsville, Maryland: Provided further, That appropria24 tions hereunder shall be available for granting easements 

25 at the Beltsville Agricultural Research Center: Provided 
10 

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1 further, That the foregoing limitations shall not apply to 

2 replacement of buildings needed to carry out the Act of 

3 April 24, 1948 (21 U.S.C. 113a): Provided further, That 

4 funds may be received from any State, other political sub5 division, organization, or individual for the purpose of es6 tablishing or operating any research facility or research 

7 project of the Agricultural Research Service, as authorized 

8 by law. 

9 BUILDINGS AND FACILITIES

10 For acquisition of land, construction, repair, improve11 ment, extension, alteration, and purchase of fixed equip12 ment or facilities as necessary to carry out the agricultural 

13 research programs of the Department of Agriculture, 

14 where not otherwise provided, $47,027,000, of which 

15 $47,027,000 shall be for the purposes, and in the 

16 amounts, specified in the table titled ‘‘Congressionally 

17 Designated Projects’’ in the report to accompany this Act, 

18 to remain available until expended. 

19 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

20 RESEARCH AND EDUCATION ACTIVITIES

21 For payments to agricultural experiment stations, for 

22 cooperative forestry and other research, for facilities, and 

23 for other expenses, $757,821,000, of which $61,406,000 

24 shall be for the purposes, and in the amounts, specified 

25 in the table titled ‘‘Congressionally Designated Projects’’ 
11 

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1 in the report to accompany this Act, as follows: to carry 

2 out the provisions of the Hatch Act of 1887 (7 U.S.C. 

3 361a–i), $215,000,000; for grants for cooperative forestry 

4 research (16 U.S.C. 582a through a–7), $30,000,000; for 

5 payments to eligible institutions (7 U.S.C. 3222), 

6 $49,000,000, provided that each institution receives no 

7 less than $1,000,000; for special grants (7 U.S.C. 

8 450i(c)), $50,456,000; for competitive grants on improved 

9 pest control (7 U.S.C. 450i(c)), $16,423,000; for competi10 tive grants (7 U.S.C. 450(i)(b)), $295,181,000, to remain 

11 available until expended; for the support of animal health 

12 and disease programs (7 U.S.C. 3195), $1,000,000; for 

13 supplemental and alternative crops and products (7 

14 U.S.C. 3319d), $850,000; for grants for research pursu15 ant to the Critical Agricultural Materials Act (7 U.S.C. 

16 178 et seq.), $1,083,000, to remain available until ex17 pended; for the 1994 research grants program for 1994 

18 institutions pursuant to section 536 of Public Law 103– 

19 382 (7 U.S.C. 301 note), $2,000,000, to remain available 

20 until expended; for rangeland research grants (7 U.S.C. 

21 3333), $983,000; for higher education graduate fellowship 

22 grants (7 U.S.C. 3152(b)(6)), $3,859,000, to remain 

23 available until expended (7 U.S.C. 2209b); for a program 

24 pursuant to section 1415A of the National Agricultural 

25 Research, Extension, and Teaching Policy Act of 1977 (7 
12 

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1 U.S.C. 3151a), $5,000,000, to remain available until ex2 pended; for higher education challenge grants (7 U.S.C. 

3 3152(b)(1)), $5,654,000; for a higher education multicul4 tural scholars program (7 U.S.C. 3152(b)(5)), $981,000, 

5 to remain available until expended (7 U.S.C. 2209b); for 

6 an education grants program for Hispanic-serving Institu7 tions (7 U.S.C. 3241), $7,737,000; for competitive grants 

8 for the purpose of carrying out all provisions of 7 U.S.C. 

9 3156 to individual eligible institutions or consortia of eligi10 ble institutions in Alaska and in Hawaii, with funds 

11 awarded equally to each of the States of Alaska and Ha12 waii, $3,200,000; for a secondary agriculture education 

13 program and 2-year post-secondary education (7 U.S.C. 

14 3152(j)), $983,000; for aquaculture grants (7 U.S.C. 

15 3322), $3,928,000; for sustainable agriculture research 

16 and education (7 U.S.C. 5811), $14,500,000; for a pro17 gram of capacity building grants (7 U.S.C. 3152(b)(4)) 

18 to institutions eligible to receive funds under 7 U.S.C. 

19 3221 and 3222, $16,500,000, to remain available until ex20 pended (7 U.S.C. 2209b); for payments to the 1994 Insti21 tutions pursuant to section 534(a)(1) of Public Law 103– 

22 382, $3,342,000; for resident instruction grants for insu23 lar areas under section 1491 of the National Agricultural 

24 Research, Extension, and Teaching Policy Act of 1977 (7 

25 U.S.C. 3363), $800,000; for a new era rural technology 
13 

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1 program pursuant to section 1473E of the National Agri2 cultural Research, Extension, and Teaching Policy Act of 

3 1977 (7 U.S.C. 3319e), $750,000; for a competitive 

4 grants program for farm business management and 

5 benchmarking (7 U.S.C. 5925f), $2,000,000; for a com6 petitive grants program regarding biobased energy (7 

7 U.S.C. 8114), $1,500,000; and for necessary expenses of 

8 Research and Education Activities, $25,111,000, of which 

9 $2,704,000 for the Research, Education, and Economics 

10 Information System and $2,136,000 for the Electronic 

11 Grants Information System, are to remain available until 

12 expended. 

13 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

14 For the Native American Institutions Endowment 

15 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

16 note), $11,880,000, to remain available until expended. 

17 EXTENSION ACTIVITIES

18 For payments to States, the District of Columbia, 

19 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

20 Northern Marianas, and American Samoa, $491,292,000, 

21 of which $7,898,000 shall be for the purposes, and in the 

22 amounts, specified in the table titled ‘‘Congressionally 

23 Designated Projects’’ in the report to accompany this Act, 

24 as follows: payments for cooperative extension work under 

25 the Smith-Lever Act, to be distributed under sections 3(b) 
14 

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1 and 3(c) of said Act, and under section 208(c) of Public 

2 Law 93–471, for retirement and employees’ compensation 

3 costs for extension agents, $300,000,000; payments for 

4 extension work at the 1994 Institutions under the Smith5 Lever Act (7 U.S.C. 343(b)(3)), $4,000,000; payments for 

6 the nutrition and family education program for low-income 

7 areas under section 3(d) of the Act, $68,139,000; pay8 ments for the pest management program under section 

9 3(d) of the Act, $10,085,000; payments for the farm safe10 ty program under section 3(d) of the Act, $4,863,000; 

11 payments for New Technologies for Ag Extension under 

12 section 3(d) of the Act, $2,000,000; payments to upgrade 

13 research, extension, and teaching facilities at institutions 

14 eligible to receive funds under 7 U.S.C. 3221 and 3222, 

15 $18,540,000, to remain available until expended; pay16 ments for youth-at-risk programs under section 3(d) of the 

17 Smith-Lever Act, $8,427,000; for youth farm safety edu18 cation and certification extension grants, to be awarded 

19 competitively under section 3(d) of the Act, $493,000; 

20 payments for carrying out the provisions of the Renewable 

21 Resources Extension Act of 1978 (16 U.S.C. 1671 et 

22 seq.), $4,128,000; payments for the federally-recognized 

23 Tribes Extension Program under section 3(d) of the 

24 Smith-Lever Act, $3,090,000; payments for sustainable 

25 agriculture programs under section 3(d) of the Act, 
15 

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1 $4,705,000; payments for rural health and safety edu2 cation as authorized by section 502(i) of Public Law 92– 

3 419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooper4 ative extension work by eligible institutions (7 U.S.C. 

5 3221), $41,354,000, provided that each institution re6 ceives no less than $1,000,000; for grants to youth organi7 zations pursuant to 7 U.S.C. 7630, $1,767,000; payments 

8 to carry out the food animal residue avoidance database 

9 program as authorized by 7 U.S.C. 7642, $1,000,000; 

10 payments to carry out section 1672(e)(49) of the Food, 

11 Agriculture, Conservation, and Trade Act of 1990 (7 

12 U.S.C. 5925), as amended, $500,000; and for necessary 

13 expenses of Extension Activities, $16,463,000. 

14 INTEGRATED ACTIVITIES

15 For the integrated research, education, and extension 

16 grants programs, including necessary administrative ex17 penses, $56,864,000, as follows: for competitive grants 

18 programs authorized under section 406 of the Agricultural 

19 Research, Extension, and Education Reform Act of 1998 

20 (7 U.S.C. 7626), $41,990,000, including $12,649,000 for 

21 the water quality program, $14,596,000 for the food safe22 ty program, $4,096,000 for the regional pest management 

23 centers program, $4,388,000 for the Food Quality Protec24 tion Act risk mitigation program for major food crop sys25 tems, $1,365,000 for the crops affected by Food Quality 
16 

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1 Protection Act implementation, $3,054,000 for the methyl 

2 bromide transition program, and $1,842,000 for the or3 ganic transition program; for a competitive international 

4 science and education grants program authorized under 

5 section 1459A of the National Agricultural Research, Ex6 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

7 3292b), to remain available until expended, $3,000,000; 

8 for grants programs authorized under section 2(c)(1)(B) 

9 of Public Law 89–106, as amended, $732,000, to remain 

10 available until September 30, 2011, for the critical issues 

11 program; $1,312,000 for the regional rural development 

12 centers program; and $9,830,000 for the Food and Agri13 culture Defense Initiative authorized under section 1484 

14 of the National Agricultural Research, Extension, and 

15 Teaching Policy Act of 1977, to remain available until 

16 September 30, 2011. 

17 OFFICE OF THE UNDER SECRETARY FOR MARKETING

18 AND REGULATORY PROGRAMS

19 For necessary expenses of the Office of the Under 

20 Secretary for Marketing and Regulatory Programs, 

21 $895,000. 
17 

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1 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Animal and Plant 

5 Health Inspection Service, including up to $30,000 for 

6 representation allowances and for expenses pursuant to 

7 the Foreign Service Act of 1980 (22 U.S.C. 4085), 

8 $911,394,000, of which $18,059,000 shall be for the pur9 poses, and in the amounts, specified in the table titled 

10 ‘‘Congressionally Designated Projects’’ in the report to ac11 company this Act, of which $2,058,000 shall be available 

12 for the control of outbreaks of insects, plant diseases, ani13 mal diseases and for control of pest animals and birds to 

14 the extent necessary to meet emergency conditions; of 

15 which $23,390,000 shall be used for the cotton pests pro16 gram for cost share purposes or for debt retirement for 

17 active eradication zones; of which $14,607,000 shall be for 

18 a National Animal Identification program; of which 

19 $60,243,000 shall be used to prevent and control avian 

20 influenza and shall remain available until expended: Pro21 vided, That funds provided for the contingency fund to 

22 meet emergency conditions, information technology infra23 structure, fruit fly program, emerging plant pests, cotton 

24 pests program, grasshopper and mormon cricket program, 

25 the plum pox program, the National Veterinary Stockpile, 
18 

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1 the National Animal Identification System, up to 

2 $1,500,000 in the scrapie program for indemnities, up to 

3 $1,000,000 for wildlife services methods development, up 

4 to $1,000,000 of the wildlife services operations program 

5 for aviation safety, and up to 25 percent of the screwworm 

6 program shall remain available until expended: Provided 

7 further, That no funds shall be used to formulate or ad8 minister a brucellosis eradication program for the current 

9 fiscal year that does not require minimum matching by 

10 the States of at least 40 percent: Provided further, That 

11 this appropriation shall be available for the operation and 

12 maintenance of aircraft and the purchase of not to exceed 

13 four, of which two shall be for replacement only: Provided 

14 further, That, in addition, in emergencies which threaten 

15 any segment of the agricultural production industry of this 

16 country, the Secretary may transfer from other appropria17 tions or funds available to the agencies or corporations 

18 of the Department such sums as may be deemed nec19 essary, to be available only in such emergencies for the 

20 arrest and eradication of contagious or infectious disease 

21 or pests of animals, poultry, or plants, and for expenses 

22 in accordance with sections 10411 and 10417 of the Ani23 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 

24 sections 431 and 442 of the Plant Protection Act (7 

25 U.S.C. 7751 and 7772), and any unexpended balances of 
19 

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1 funds transferred for such emergency purposes in the pre2 ceding fiscal year shall be merged with such transferred 

3 amounts: Provided further, That appropriations hereunder 

4 shall be available pursuant to law (7 U.S.C. 2250) for the 

5 repair and alteration of leased buildings and improve6 ments, but unless otherwise provided the cost of altering 

7 any one building during the fiscal year shall not exceed 

8 10 percent of the current replacement value of the build9 ing. 

10 In fiscal year 2010, the agency is authorized to collect 

11 fees to cover the total costs of providing technical assist12 ance, goods, or services requested by States, other political 

13 subdivisions, domestic and international organizations, 

14 foreign governments, or individuals, provided that such 

15 fees are structured such that any entity’s liability for such 

16 fees is reasonably based on the technical assistance, goods, 

17 or services provided to the entity by the agency, and such 

18 fees shall be credited to this account, to remain available 

19 until expended, without further appropriation, for pro20 viding such assistance, goods, or services. 

21 BUILDINGS AND FACILITIES

22 For plans, construction, repair, preventive mainte23 nance, environmental support, improvement, extension, al24 teration, and purchase of fixed equipment or facilities, as 

25 authorized by 7 U.S.C. 2250, and acquisition of land as 
20 

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1 authorized by 7 U.S.C. 428a, $4,712,000, to remain avail2 able until expended. 

3 AGRICULTURAL MARKETING SERVICE

4 MARKETING SERVICES

5 For necessary expenses of the Agricultural Marketing 

6 Service, $90,848,000: Provided, That this appropriation 

7 shall be available pursuant to law (7 U.S.C. 2250) for the 

8 alteration and repair of buildings and improvements, but 

9 the cost of altering any one building during the fiscal year 

10 shall not exceed 10 percent of the current replacement 

11 value of the building. 

12 Fees may be collected for the cost of standardization 

13 activities, as established by regulation pursuant to law (31 

14 U.S.C. 9701). 

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 Not to exceed $64,583,000 (from fees collected) shall 

17 be obligated during the current fiscal year for administra18 tive expenses: Provided, That if crop size is understated 

19 and/or other uncontrollable events occur, the agency may 

20 exceed this limitation by up to 10 percent with notification 

21 to the Committees on Appropriations of both Houses of 

22 Congress. 
21 

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1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

2 SUPPLY (SECTION 32)

3 (INCLUDING TRANSFERS OF FUNDS)

4 Funds available under section 32 of the Act of Au5 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com6 modity program expenses as authorized therein, and other 

7 related operating expenses, including not less than 

8 $20,000,000 for replacement of a system to support com9 modity purchases, except for: (1) transfers to the Depart10 ment of Commerce as authorized by the Fish and Wildlife 

11 Act of August 8, 1956; (2) transfers otherwise provided 

12 in this Act; and (3) not more than $20,056,000 for formu13 lation and administration of marketing agreements and 

14 orders pursuant to the Agricultural Marketing Agreement 

15 Act of 1937 and the Agricultural Act of 1961. 

16 PAYMENTS TO STATES AND POSSESSIONS

17 For payments to departments of agriculture, bureaus 

18 and departments of markets, and similar agencies for 

19 marketing activities under section 204(b) of the Agricul20 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

21 $1,334,000. 
22 

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1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Grain Inspection, 

5 Packers and Stockyards Administration, $41,564,000: 

6 Provided, That this appropriation shall be available pursu7 ant to law (7 U.S.C. 2250) for the alteration and repair 

8 of buildings and improvements, but the cost of altering 

9 any one building during the fiscal year shall not exceed 

10 10 percent of the current replacement value of the build11 ing. 

12 LIMITATION ON INSPECTION AND WEIGHING SERVICES

13 EXPENSES

14 Not to exceed $42,463,000 (from fees collected) shall 

15 be obligated during the current fiscal year for inspection 

16 and weighing services: Provided, That if grain export ac17 tivities require additional supervision and oversight, or 

18 other uncontrollable factors occur, this limitation may be 

19 exceeded by up to 10 percent with notification to the Com20 mittees on Appropriations of both Houses of Congress. 

21 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

22 For necessary expenses of the Office of the Under 

23 Secretary for Food Safety, $813,000. 
23 

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1 FOOD SAFETY AND INSPECTION SERVICE

2 For necessary expenses to carry out services author3 ized by the Federal Meat Inspection Act, the Poultry 

4 Products Inspection Act, and the Egg Products Inspection 

5 Act, including not to exceed $50,000 for representation 

6 allowances and for expenses pursuant to section 8 of the 

7 Act approved August 3, 1956 (7 U.S.C. 1766), 

8 $1,018,520,000; and in addition, $1,000,000 may be cred9 ited to this account from fees collected for the cost of lab10 oratory accreditation as authorized by section 1327 of the 

11 Food, Agriculture, Conservation and Trade Act of 1990 

12 (7 U.S.C. 138f): Provided, That funds provided for the 

13 Public Health Data Communication Infrastructure system 

14 shall remain available until expended: Provided further, 

15 That no fewer than 150 full-time equivalent positions shall 

16 be employed during fiscal year 2010 for purposes dedi17 cated solely to inspections and enforcement related to the 

18 Humane Methods of Slaughter Act: Provided further, That 

19 of the amount available under this heading, $3,000,000 

20 shall be obligated to maintain the Humane Animal Track21 ing System as part of the Public Health Data Communica22 tion Infrastructure System: Provided further, That this 

23 appropriation shall be available pursuant to law (7 U.S.C. 

24 2250) for the alteration and repair of buildings and im25 provements, but the cost of altering any one building dur-
24 

•S 1406 PCS

1 ing the fiscal year shall not exceed 10 percent of the cur2 rent replacement value of the building. 

3 OFFICE OF THE UNDER SECRETARY FOR FARM AND

4 FOREIGN AGRICULTURAL SERVICES

5 For necessary expenses of the Office of the Under 

6 Secretary for Farm and Foreign Agricultural Services, 

7 $895,000. 

8 FARM SERVICE AGENCY

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Farm Service Agency, 

12 $1,253,777,000: Provided, That the Secretary is author13 ized to use the services, facilities, and authorities (but not 

14 the funds) of the Commodity Credit Corporation to make 

15 program payments for all programs administered by the 

16 Agency: Provided further, That other funds made available 

17 to the Agency for authorized activities may be advanced 

18 to and merged with this account: Provided further, That 

19 funds made available to county committees shall remain 

20 available until expended. 

21 STATE MEDIATION GRANTS

22 For grants pursuant to section 502(b) of the Agricul23 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

24 5106), $4,369,000. 
25 

•S 1406 PCS

1 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

2 For necessary expenses to carry out wellhead or 

3 groundwater protection activities under section 1240O of 

4 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

5 $5,000,000, to remain available until expended. 

6 DAIRY INDEMNITY PROGRAM

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses involved in making indemnity 

9 payments to dairy farmers and manufacturers of dairy 

10 products under a dairy indemnity program, such sums as 

11 may be necessary, to remain available until expended: Pro12 vided, That such program is carried out by the Secretary 

13 in the same manner as the dairy indemnity program de14 scribed in the Agriculture, Rural Development, Food and 

15 Drug Administration, and Related Agencies Appropria16 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

17 12). 

18 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

19 ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For gross obligations for the principal amount of di22 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

23 seq.) and operating (7 U.S.C. 1941 et seq.) loans, Indian 

24 tribe land acquisition loans (25 U.S.C. 488), boll weevil 

25 loans (7 U.S.C. 1989), direct and guaranteed conservation 
26 

•S 1406 PCS

1 loans (7 U.S.C. 1924 et seq.) and Indian highly 

2 fractionated land loans (25 U.S.C. 488), to be available 

3 from funds in the Agricultural Credit Insurance Fund, as 

4 follows: farm ownership loans, $1,892,990,000, of which 

5 $1,500,000,000 shall be for unsubsidized guaranteed 

6 loans and $392,990,000 shall be for direct loans; oper7 ating loans, $1,994,467,000, of which $1,150,000,000 

8 shall be for unsubsidized guaranteed loans, $144,467,000 

9 shall be for subsidized guaranteed loans and $700,000,000 

10 shall be for direct loans; Indian tribe land acquisition 

11 loans, $2,000,000; conservation loans, $150,000,000, of 

12 which $75,000,000 shall be for guaranteed loans and 

13 $75,000,000 shall be for direct loans; Indian highly 

14 fractionated land loans, $10,000,000; and for boll weevil 

15 eradication program loans, $100,000,000: Provided, That 

16 the Secretary shall deem the pink bollworm to be a boll 

17 weevil for the purpose of boll weevil eradication program 

18 loans. 

19 For the cost of direct and guaranteed loans, including 

20 the cost of modifying loans as defined in section 502 of 

21 the Congressional Budget Act of 1974, as follows: farm 

22 ownership loans, $21,584,000, of which $5,550,000 shall 

23 be for unsubsidized guaranteed loans, and $16,034,000 

24 shall be for direct loans; operating loans, $80,402,000, of 

25 which $26,910,000 shall be for unsubsidized guaranteed 
27 

•S 1406 PCS

1 loans, $20,312,000 shall be for subsidized guaranteed 

2 loans, and $33,180,000 shall be for direct loans; conserva3 tion loans, $1,343,000, of which $278,000 shall be for 

4 guaranteed loans, and $1,065,000 shall be for direct 

5 loans; and Indian highly fractionated land loans, 

6 $793,000. 

7 In addition, for administrative expenses necessary to 

8 carry out the direct and guaranteed loan programs, 

9 $321,093,000, of which $313,173,000 shall be transferred 

10 to and merged with the appropriation for ‘‘Farm Service 

11 Agency, Salaries and Expenses’’. 

12 Funds appropriated by this Act to the Agricultural 

13 Credit Insurance Program Account for farm ownership, 

14 operating, and conservation direct loans and guaranteed 

15 loans may be transferred among these programs: Pro16 vided, That the Committees on Appropriations of both 

17 Houses of Congress are notified at least 15 days in ad18 vance of any transfer. 

19 RISK MANAGEMENT AGENCY

20 For necessary expenses of the Risk Management 

21 Agency, $79,425,000: Provided, That the funds made 

22 available under section 522(e) of the Federal Crop Insur23 ance Act (7 U.S.C. 1522(e)) may be used for the Common 

24 Information Management System: Provided further, That 

25 not to exceed $1,000 shall be available for official recep-
28 

•S 1406 PCS

1 tion and representation expenses, as authorized by 7 

2 U.S.C. 1506(i). 

3 CORPORATIONS 

4 The following corporations and agencies are hereby 

5 authorized to make expenditures, within the limits of 

6 funds and borrowing authority available to each such cor7 poration or agency and in accord with law, and to make 

8 contracts and commitments without regard to fiscal year 

9 limitations as provided by section 104 of the Government 

10 Corporation Control Act as may be necessary in carrying 

11 out the programs set forth in the budget for the current 

12 fiscal year for such corporation or agency, except as here13 inafter provided. 

14 FEDERAL CROP INSURANCE CORPORATION FUND

15 For payments as authorized by section 516 of the 

16 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 

17 as may be necessary, to remain available until expended. 

18 COMMODITY CREDIT CORPORATION FUND

19 REIMBURSEMENT FOR NET REALIZED LOSSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the current fiscal year, such sums as may be nec22 essary to reimburse the Commodity Credit Corporation for 

23 net realized losses sustained, but not previously reim24 bursed, pursuant to section 2 of the Act of August 17, 

25 1961 (15 U.S.C. 713a–11): Provided, That of the funds 
29 

•S 1406 PCS

1 available to the Commodity Credit Corporation under sec2 tion 11 of the Commodity Credit Corporation Charter Act 

3 (15 U.S.C. 714i) for the conduct of its business with the 

4 Foreign Agricultural Service, up to $5,000,000 may be 

5 transferred to and used by the Foreign Agricultural Serv6 ice for information resource management activities of the 

7 Foreign Agricultural Service that are not related to Com8 modity Credit Corporation business. 

9 HAZARDOUS WASTE MANAGEMENT

10 (LIMITATION ON EXPENSES)

11 For the current fiscal year, the Commodity Credit 

12 Corporation shall not expend more than $5,000,000 for 

13 site investigation and cleanup expenses, and operations 

14 and maintenance expenses to comply with the requirement 

15 of section 107(g) of the Comprehensive Environmental 

16 Response, Compensation, and Liability Act (42 U.S.C. 

17 9607(g)), and section 6001 of the Resource Conservation 

18 and Recovery Act (42 U.S.C. 6961). 

19 TITLE II 

20 CONSERVATION PROGRAMS 

21 OFFICE OF THE UNDER SECRETARY FOR NATURAL

22 RESOURCES AND ENVIRONMENT

23 For necessary expenses of the Office of the Under 

24 Secretary for Natural Resources and Environment, 

25 $895,000. 
30 

•S 1406 PCS

1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provi4 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

5 including preparation of conservation plans and establish6 ment of measures to conserve soil and water (including 

7 farm irrigation and land drainage and such special meas8 ures for soil and water management as may be necessary 

9 to prevent floods and the siltation of reservoirs and to con10 trol agricultural related pollutants); operation of conserva11 tion plant materials centers; classification and mapping of 

12 soil; dissemination of information; acquisition of lands, 

13 water, and interests therein for use in the plant materials 

14 program by donation, exchange, or purchase at a nominal 

15 cost not to exceed $100 pursuant to the Act of August 

16 3, 1956 (7 U.S.C. 428a); purchase and erection or alter17 ation or improvement of permanent and temporary build18 ings; and operation and maintenance of aircraft, 

19 $949,577,000, to remain available until September 30, 

20 2011, of which up to $50,730,000 may be used in plan21 ning and carrying out projects for resource conservation 

22 and development and for sound land use pursuant to the 

23 provisions of sections 31 and 32 of the Bankhead-Jones 

24 Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); 

25 the Act of April 27, 1935 (16 U.S.C. 590a–590f); and 
31 

•S 1406 PCS

1 subtitle H of title XV of the Agriculture and Food Act 

2 of 1981 (16 U.S.C. 3451–3461), and of which 

3 $21,511,000 shall be for the purposes, and in the 

4 amounts, specified in the table titled ‘‘Congressionally 

5 Designated Projects’’ in the report to accompany this Act: 

6 Provided, That appropriations hereunder shall be available 

7 pursuant to 7 U.S.C. 2250 for construction and improve8 ment of buildings and public improvements at plant mate9 rials centers, except that the cost of alterations and im10 provements to other buildings and other public improve11 ments shall not exceed $250,000: Provided further, That 

12 the Secretary is authorized to transfer ownership of all 

13 land, buildings, and related improvements of the Natural 

14 Resources Conservation Service facilities located in Medi15 cine Bow, Wyoming, to the Medicine Bow Conservation 

16 District: Provided further, That when buildings or other 

17 structures are erected on non-Federal land, that the right 

18 to use such land is obtained as provided in 7 U.S.C. 

19 2250a. 

20 WATERSHED AND FLOOD PREVENTION OPERATIONS

21 For necessary expenses to carry out preventive meas22 ures, including but not limited to research, engineering op23 erations, methods of cultivation, the growing of vegetation, 

24 rehabilitation of existing works and changes in use of land, 

25 in accordance with the Watershed Protection and Flood 
32 

•S 1406 PCS

1 Prevention Act (16 U.S.C. 1001–1005 and 1007–1009), 

2 the provisions of the Act of April 27, 1935 (16 U.S.C. 

3 590a–f), and in accordance with the provisions of laws re4 lating to the activities of the Department, $24,394,000, 

5 to remain available until expended, of which $16,750,000 

6 shall be for the purposes, and in the amounts, specified 

7 in the table titled ‘‘Congressionally Designated Projects’’ 

8 in the report to accompany this Act: Provided, That not 

9 to exceed $15,000,000 of this appropriation shall be avail10 able for technical assistance. 

11 WATERSHED REHABILITATION PROGRAM

12 For necessary expenses to carry out rehabilitation of 

13 structural measures, in accordance with section 14 of the 

14 Watershed Protection and Flood Prevention Act (16 

15 U.S.C. 1012), and in accordance with the provisions of 

16 laws relating to the activities of the Department, 

17 $40,161,000, to remain available until expended. 

18 TITLE III 

19 RURAL DEVELOPMENT PROGRAMS 

20 OFFICE OF THE UNDER SECRETARY FOR RURAL

21 DEVELOPMENT

22 For necessary expenses of the Office of the Under 

23 Secretary for Rural Development, $895,000. 
33 

•S 1406 PCS

1 RURAL DEVELOPMENT SALARIES AND EXPENSES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses for carrying out the adminis4 tration and implementation of programs in the Rural De5 velopment mission area, including activities with institu6 tions concerning the development and operation of agricul7 tural cooperatives; and for cooperative agreements; 

8 $207,237,000: Provided, That notwithstanding any other 

9 provision of law, funds appropriated under this section 

10 may be used for advertising and promotional activities 

11 that support the Rural Development mission area: Pro12 vided further, That not more than $10,000 may be ex13 pended to provide modest nonmonetary awards to non14 USDA employees: Provided further, That any balances 

15 available from prior years for the Rural Utilities Service, 

16 Rural Housing Service, and the Rural Business-Coopera17 tive Service salaries and expenses accounts shall be trans18 ferred to and merged with this appropriation. 

19 RURAL HOUSING SERVICE

20 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For gross obligations for the principal amount of di23 rect and guaranteed loans as authorized by title V of the 

24 Housing Act of 1949, to be available from funds in the 

25 rural housing insurance fund, as follows: $13,226,501,000 
34 

•S 1406 PCS

1 for loans to section 502 borrowers, of which 

2 $1,226,501,000 shall be for direct loans, and of which 

3 $12,000,000,000 shall be for unsubsidized guaranteed 

4 loans; $34,412,000 for section 504 housing repair loans; 

5 $69,512,000 for section 515 rental housing; $129,090,000 

6 for section 538 guaranteed multi-family housing loans; 

7 $5,045,000 for section 524 site loans; $11,448,000 for 

8 credit sales of acquired property, of which up to 

9 $1,448,000 may be for multi-family credit sales; and 

10 $4,970,000 for section 523 self-help housing land develop11 ment loans. 

12 For the cost of direct and guaranteed loans, including 

13 the cost of modifying loans, as defined in section 502 of 

14 the Congressional Budget Act of 1974, as follows: section 

15 502 loans, $217,322,000, of which $44,522,000 shall be 

16 for direct loans, and of which $172,800,000, to remain 

17 available until expended, shall be for unsubsidized guaran18 teed loans; section 504 housing repair loans, $4,422,000; 

19 repair, rehabilitation, and new construction of section 515 

20 rental housing, $18,935,000; section 538 multi-family 

21 housing guaranteed loans, $1,485,000; and credit sales of 

22 acquired property, $556,000: Provided, That section 538 

23 multi-family housing guaranteed loans funded pursuant to 

24 this paragraph shall not be subject to a guarantee fee and 

25 the interest on such loans may not be subsidized: Provided 
35 

•S 1406 PCS

1 further, That any balances for a demonstration program 

2 for the preservation and revitalization of the section 515 

3 multi-family rental housing properties as authorized by 

4 Public Law 109–97 and Public Law 110–5 shall be trans5 ferred to and merged with the ‘‘Rural Housing Service, 

6 Multi-family Housing Revitalization Program Account’’. 

7 In addition, for administrative expenses necessary to 

8 carry out the direct and guaranteed loan programs, 

9 $468,593,000, which shall be transferred to and merged 

10 with the appropriation for ‘‘Rural Development, Salaries 

11 and Expenses’’. 

12 RENTAL ASSISTANCE PROGRAM

13 For rental assistance agreements entered into or re14 newed pursuant to the authority under section 521(a)(2) 

15 or agreements entered into in lieu of debt forgiveness or 

16 payments for eligible households as authorized by section 

17 502(c)(5)(D) of the Housing Act of 1949, $980,000,000; 

18 and, in addition, such sums as may be necessary, as au19 thorized by section 521(c) of the Act, to liquidate debt 

20 incurred prior to fiscal year 1992 to carry out the rental 

21 assistance program under section 521(a)(2) of the Act: 

22 Provided, That of this amount, up to $5,958,000 may be 

23 available for debt forgiveness or payments for eligible 

24 households as authorized by section 502(c)(5)(D) of the 

25 Act, and not to exceed $50,000 per project for advances 
36 

•S 1406 PCS

1 to nonprofit organizations or public agencies to cover di2 rect costs (other than purchase price) incurred in pur3 chasing projects pursuant to section 502(c)(5)(C) of the 

4 Act: Provided further, That of this amount not less than 

5 $2,030,000 is available for newly constructed units fi6 nanced by section 515 of the Housing Act of 1949, and 

7 not less than $3,400,000 is for newly constructed units 

8 financed under sections 514 and 516 of the Housing Act 

9 of 1949: Provided further, That rental assistance agree10 ments entered into or renewed during the current fiscal 

11 year shall be funded for a one-year period: Provided fur12 ther, That any unexpended balances remaining at the end 

13 of such one-year agreements may be transferred and used 

14 for the purposes of any debt reduction; maintenance, re15 pair, or rehabilitation of any existing projects; preserva16 tion; and rental assistance activities authorized under title 

17 V of the Act: Provided further, That rental assistance pro18 vided under agreements entered into prior to fiscal year 

19 2010 for a farm labor multi-family housing project fi20 nanced under section 514 or 516 of the Act may not be 

21 recaptured for use in another project until such assistance 

22 has remained unused for a period of 12 consecutive 

23 months, if such project has a waiting list of tenants seek24 ing such assistance or the project has rental assistance 

25 eligible tenants who are not receiving such assistance: Pro-
37 

•S 1406 PCS

1 vided further, That such recaptured rental assistance shall, 

2 to the extent practicable, be applied to another farm labor 

3 multi-family housing project financed under section 514 

4 or 516 of the Act. 

5 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

6 ACCOUNT

7 For the rural housing voucher program as authorized 

8 under section 542 of the Housing Act of 1949, but not9 withstanding subsection (b) of such section, for the cost 

10 to conduct a housing demonstration program to provide 

11 revolving loans for the preservation of low-income multi12 family housing projects, and for additional costs to con13 duct a demonstration program for the preservation and 

14 revitalization of multi-family rental housing properties de15 scribed in this paragraph, $39,651,000, to remain avail16 able until expended: Provided, That of the funds made 

17 available under this heading, $18,000,000 shall be avail18 able for rural housing vouchers to any low-income house19 hold (including those not receiving rental assistance) re20 siding in a property financed with a section 515 loan 

21 which has been prepaid after September 30, 2005: Pro22 vided further, That the amount of such voucher shall be 

23 the difference between comparable market rent for the sec24 tion 515 unit and the tenant paid rent for such unit: Pro25 vided further, That funds made available for such vouchers 
38 

•S 1406 PCS

1 shall be subject to the availability of annual appropria2 tions: Provided further, That the Secretary shall, to the 

3 maximum extent practicable, administer such vouchers 

4 with current regulations and administrative guidance ap5 plicable to section 8 housing vouchers administered by the 

6 Secretary of the Department of Housing and Urban De7 velopment (including the ability to pay administrative 

8 costs related to delivery of the voucher funds): Provided 

9 further, That if the Secretary determines that the amount 

10 made available for vouchers in this or any other Act is 

11 not needed for vouchers, the Secretary may use such funds 

12 for the demonstration programs for the preservation and 

13 revitalization of multi-family rental housing properties de14 scribed in this paragraph: Provided further, That of the 

15 funds made available under this heading, $1,791,000 shall 

16 be available for the cost of loans to private nonprofit orga17 nizations, or such nonprofit organizations’ affiliate loan 

18 funds and State and local housing finance agencies, to 

19 carry out a housing demonstration program to provide re20 volving loans for the preservation of low-income multi-fam21 ily housing projects: Provided further, That loans under 

22 such demonstration program shall have an interest rate 

23 of not more than 1 percent direct loan to the recipient: 

24 Provided further, That the Secretary may defer the inter25 est and principal payment to the Rural Housing Service 
39 

•S 1406 PCS

1 for up to 3 years and the term of such loans shall not 

2 exceed 30 years: Provided further, That of the funds made 

3 available under this heading, $19,860,000 shall be avail4 able for a demonstration program for the preservation and 

5 revitalization of the section 514, 515, and 516 multi-fam6 ily rental housing properties to restructure existing USDA 

7 multi-family housing loans, as the Secretary deems appro8 priate, expressly for the purposes of ensuring the project 

9 has sufficient resources to preserve the project for the pur10 pose of providing safe and affordable housing for low-in11 come residents and farm laborers including reducing or 

12 eliminating interest; deferring loan payments, subordi13 nating, reducing or reamortizing loan debt; and other fi14 nancial assistance including advances, payments and in15 centives (including the ability of owners to obtain reason16 able returns on investment) required by the Secretary: 

17 Provided further, That the Secretary shall as part of the 

18 preservation and revitalization agreement obtain a restric19 tive use agreement consistent with the terms of the re20 structuring: Provided further, That if the Secretary deter21 mines that additional funds for vouchers described in this 

22 paragraph are needed, funds for the preservation and revi23 talization demonstration program may be used for such 

24 vouchers: Provided further, That the Secretary may use 

25 any unobligated funds appropriated for the rural housing 
40 

•S 1406 PCS

1 voucher program in a prior fiscal year to support informa2 tion technology activities of the Rural Housing Service to 

3 the extent the Secretary determines that additional funds 

4 are not needed for this fiscal year to provide vouchers de5 scribed in this paragraph: Provided further, That if Con6 gress enacts legislation to permanently authorize a multi7 family rental housing loan restructuring program similar 

8 to the demonstration program described herein, the Sec9 retary may use funds made available for the demonstra10 tion program under this heading to carry out such legisla11 tion with the prior notification of the Committees on Ap12 propriations of both Houses of Congress. 

13 MUTUAL AND SELF-HELP HOUSING GRANTS

14 For grants and contracts pursuant to section 

15 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

16 1490c), $38,727,000, to remain available until expended. 

17 RURAL HOUSING ASSISTANCE GRANTS

18 (INCLUDING TRANSFER OF FUNDS)

19 For grants and contracts for very low-income housing 

20 repair, supervisory and technical assistance, compensation 

21 for construction defects, and rural housing preservation 

22 made by the Rural Housing Service, as authorized by 42 

23 U.S.C. 1474, 1479(c), 1490e, and 1490m, $41,500,000, 

24 to remain available until expended: Provided, That any 

25 balances to carry out a housing demonstration program 
41 

•S 1406 PCS

1 to provide revolving loans for the preservation of low-in2 come multi-family housing projects as authorized in Public 

3 Law 108–447 and Public Law 109–97 shall be transferred 

4 to and merged with the ‘‘Rural Housing Service, Multi5 family Housing Revitalization Program Account’’. 

6 FARM LABOR PROGRAM ACCOUNT

7 For the cost of direct loans, grants, and contracts, 

8 as authorized by 42 U.S.C. 1484 and 1486, $16,968,000, 

9 to remain available until expended, for direct farm labor 

10 housing loans and domestic farm labor housing grants and 

11 contracts. 

12 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For the cost of direct loans, loan guarantees, and 

15 grants for rural community facilities programs as author16 ized by section 306 and described in section 381E(d)(1) 

17 of the Consolidated Farm and Rural Development Act, 

18 $54,993,000, to remain available until expended: Pro19 vided, That $6,256,000 of the amount appropriated under 

20 this heading shall be available for a Rural Community De21 velopment Initiative: Provided further, That such funds 

22 shall be used solely to develop the capacity and ability of 

23 private, nonprofit community-based housing and commu24 nity development organizations, low-income rural commu25 nities, and Federally Recognized Native American Tribes 
42 

•S 1406 PCS

1 to undertake projects to improve housing, community fa2 cilities, community and economic development projects in 

3 rural areas: Provided further, That such funds shall be 

4 made available to qualified private, nonprofit and public 

5 intermediary organizations proposing to carry out a pro6 gram of financial and technical assistance: Provided fur7 ther, That such intermediary organizations shall provide 

8 matching funds from other sources, including Federal 

9 funds for related activities, in an amount not less than 

10 funds provided: Provided further, That $13,902,000 of the 

11 amount appropriated under this heading shall be to pro12 vide grants for facilities in rural communities with extreme 

13 unemployment and severe economic depression (Public 

14 Law 106–387), with up to 5 percent for administration 

15 and capacity building in the State rural development of16 fices: Provided further, That $3,972,000 of the amount ap17 propriated under this heading shall be available for com18 munity facilities grants to tribal colleges, as authorized by 

19 section 306(a)(19) of such Act: Provided further, That sec20 tions 381E–H and 381N of the Consolidated Farm and 

21 Rural Development Act are not applicable to the funds 

22 made available under this heading: Provided further, That 

23 any prior balances in the Rural Development, Rural Com24 munity Advancement Program account for programs au25 thorized by section 306 and described in section 
43 

•S 1406 PCS

1 381E(d)(1) of such Act be transferred and merged with 

2 this account and any other prior balances from the Rural 

3 Development, Rural Community Advancement Program 

4 account that the Secretary determines is appropriate to 

5 transfer. 

6 RURAL BUSINESS—COOPERATIVE SERVICE

7 RURAL BUSINESS PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the cost of loan guarantees and grants, for the 

10 rural business development programs authorized by sec11 tions 306 and 310B and described in sections 310B(f) and 

12 381E(d)(3) of the Consolidated Farm and Rural Develop13 ment Act, $97,116,000, to remain available until ex14 pended: Provided, That of the amount appropriated under 

15 this heading, not to exceed $500,000 shall be made avail16 able for a grant to a qualified national organization to pro17 vide technical assistance for rural transportation in order 

18 to promote economic development and $2,979,000 shall be 

19 for grants to the Delta Regional Authority (7 U.S.C. 

20 2009aa et seq.) for any Rural Community Advancement 

21 Program purpose as described in section 381E(d) of the 

22 Consolidated Farm and Rural Development Act, of which 

23 not more than 5 percent may be used for administrative 

24 expenses: Provided further, That $4,000,000 of the 

25 amount appropriated under this heading shall be for busi-
44 

•S 1406 PCS

1 ness grants to benefit Federally Recognized Native Amer2 ican Tribes, including $250,000 for a grant to a qualified 

3 national organization to provide technical assistance for 

4 rural transportation in order to promote economic develop5 ment: Provided further, That sections 381E–H and 381N 

6 of the Consolidated Farm and Rural Development Act are 

7 not applicable to funds made available under this heading: 

8 Provided further, That any prior balances in the Rural De9 velopment, Rural Community Advancement Program ac10 count for programs authorized by sections 306 and 310B 

11 and described in sections 310B(f) and 381E(d)(3) of such 

12 Act be transferred and merged with this account and any 

13 other prior balances from the Rural Development, Rural 

14 Community Advancement Program account that the Sec15 retary determines is appropriate to transfer. 

16 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the principal amount of direct loans, as author19 ized by the Rural Development Loan Fund (42 U.S.C. 

20 9812(a)), $33,536,000. 

21 For the cost of direct loans, $8,464,000, as author22 ized by the Rural Development Loan Fund (42 U.S.C. 

23 9812(a)), of which $1,035,000 shall be available through 

24 June 30, 2010, for Federally Recognized Native American 

25 Tribes and of which $2,070,000 shall be available through 
45 

•S 1406 PCS

1 June 30, 2010, for Mississippi Delta Region counties (as 

2 determined in accordance with Public Law 100–460): Pro3 vided, That such costs, including the cost of modifying 

4 such loans, shall be as defined in section 502 of the Con5 gressional Budget Act of 1974. 

6 In addition, for administrative expenses to carry out 

7 the direct loan programs, $4,941,000 shall be transferred 

8 to and merged with the appropriation for ‘‘Rural Develop9 ment, Salaries and Expenses’’. 

10 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

11 ACCOUNT

12 (INCLUDING RESCISSION OF FUNDS)

13 For the principal amount of direct loans, as author14 ized under section 313 of the Rural Electrification Act, 

15 for the purpose of promoting rural economic development 

16 and job creation projects, $33,077,000. 

17 Of the funds derived from interest on the cushion of 

18 credit payments, as authorized by section 313 of the Rural 

19 Electrification Act of 1936, $43,000,000 shall not be obli20 gated and $43,000,000 are rescinded. 

21 RURAL COOPERATIVE DEVELOPMENT GRANTS

22 For rural cooperative development grants authorized 

23 under section 310B(e) of the Consolidated Farm and 

24 Rural Development Act (7 U.S.C. 1932(i)), $38,854,000, 

25 of which $300,000 shall be for a cooperative research 
46 

•S 1406 PCS

1 agreement with a qualified academic institution to conduct 

2 research on the national economic impact of all types of 

3 cooperatives; and of which $2,800,000 shall be for cooper4 ative agreements for the appropriate technology transfer 

5 for rural areas program: Provided, That not to exceed 

6 $3,463,000 shall be for cooperatives or associations of co7 operatives whose primary focus is to provide assistance to 

8 small, socially disadvantaged producers and whose gov9 erning board and/or membership is comprised of at least 

10 75 percent socially disadvantaged members; and of which 

11 $21,867,000, to remain available until expended, shall be 

12 for value-added agricultural product market development 

13 grants, as authorized by section 231 of the Agricultural 

14 Risk Protection Act of 2000 (7 U.S.C. 1621 note). 

15 RURAL MICROENTERPRISE INVESTMENT PROGRAM

16 ACCOUNT

17 For the cost of loans and grants, $22,000,000 as au18 thorized by section 379E of the Consolidated Farm and 

19 Rural Development Act (7 U.S.C. 1981 et seq.): Provided, 

20 That such costs of loans, including the cost of modifying 

21 such loans, shall be as defined in section 502 of the Con22 gressional Budget Act of 1974. 

23 RURAL ENERGY FOR AMERICA PROGRAM

24 For the cost of a program of loan guarantees and 

25 grants, under the same terms and conditions as authorized 
47 

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1 by section 9007 of the Farm Security and Rural Invest2 ment Act of 2002 (7 U.S.C. 8107), $68,130,000: Pro3 vided, That the cost of loan guarantees, including the cost 

4 of modifying such loans, shall be as defined in section 502 

5 of the Congressional Budget Act of 1974. 

6 BIOREFINERY ASSISTANCE PROGRAM ACCOUNT

7 For the cost of guaranteed loans, $17,339,000, as au8 thorized by section 9003 of the Farm Security and Rural 

9 Investment Act of 2002 (7 U.S.C. 8107): Provided, That 

10 such costs, including the cost of modifying such loans, 

11 shall be as defined in section 502 of the Congressional 

12 Budget Act of 1974. 

13 RURAL UTILITIES SERVICE

14 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For the cost of direct loans, loan guarantees, and 

17 grants for the rural water, waste water, waste disposal, 

18 and solid waste management programs authorized by sec19 tions 306, 306A, 306C, 306D, 306E, and 310B and de20 scribed in sections 306C(a)(2), 306D, 306E, and 

21 381E(d)(2) of the Consolidated Farm and Rural Develop22 ment Act, $568,730,000, to remain available until ex23 pended, of which not to exceed $497,000 shall be available 

24 for the rural utilities program described in section 

25 306(a)(2)(B) of such Act, and of which not to exceed 
48 

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1 $993,000 shall be available for the rural utilities program 

2 described in section 306E of such Act: Provided, That 

3 $70,000,000 of the amount appropriated under this head4 ing shall be for loans and grants including water and 

5 waste disposal systems grants authorized by 

6 306C(a)(2)(B) and 306D of the Consolidated Farm and 

7 Rural Development Act, Federally-recognized Native 

8 American Tribes authorized by 306C(a)(1), and the De9 partment of Hawaiian Home Lands (of the State of Ha10 waii): Provided further, That such loans and grants shall 

11 not be subject to any matching requirements: Provided 

12 further, That not to exceed $19,000,000 of the amount 

13 appropriated under this heading shall be for technical as14 sistance grants for rural water and waste systems pursu15 ant to section 306(a)(14) of such Act, unless the Secretary 

16 makes a determination of extreme need, of which 

17 $5,600,000 shall be made available for a grant to a quali18 fied non-profit multi-state regional technical assistance or19 ganization, with experience in working with small commu20 nities on water and waste water problems, the principal 

21 purpose of such grant shall be to assist rural communities 

22 with populations of 3,300 or less, in improving the plan23 ning, financing, development, operation, and management 

24 of water and waste water systems, and of which not less 

25 than $800,000 shall be for a qualified national Native 
49 

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1 American organization to provide technical assistance for 

2 rural water systems for tribal communities: Provided fur3 ther, That not to exceed $14,000,000 of the amount ap4 propriated under this heading shall be for contracting with 

5 qualified national organizations for a circuit rider program 

6 to provide technical assistance for rural water systems: 

7 Provided further, That $17,500,000 of the amount appro8 priated under this heading shall be transferred to, and 

9 merged with, the Rural Utilities Service, High Energy 

10 Cost Grants Account to provide grants authorized under 

11 section 19 of the Rural Electrification Act of 1936 (7 

12 U.S.C. 918a): Provided further, That any prior year bal13 ances for high cost energy grants authorized by section 

14 19 of the Rural Electrification Act of 1936 (7 U.S.C. 

15 918a) shall be transferred to and merged with the Rural 

16 Utilities Service, High Energy Costs Grants Account: Pro17 vided further, That sections 381E–H and 381N of the 

18 Consolidated Farm and Rural Development Act are not 

19 applicable to the funds made available under this heading: 

20 Provided further, That any prior balances in the Rural De21 velopment, Rural Community Advancement Program ac22 count programs authorized by sections 306, 306A, 306C, 

23 306D, 306E, and 310B and described in sections 

24 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 

25 transferred to and merged with this account and any other 
50 

•S 1406 PCS

1 prior balances from the Rural Development, Rural Com2 munity Advancement Program account that the Secretary 

3 determines is appropriate to transfer. 

4 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

5 LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 The principal amount of direct and guaranteed loans 

8 as authorized by sections 305 and 306 of the Rural Elec9 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

10 made as follows: 5 percent rural electrification loans, 

11 $100,000,000; loans made pursuant to section 306 of that 

12 Act, rural electric, $6,500,000,000; guaranteed under13 writing loans pursuant to section 313A, $500,000,000; 5 

14 percent rural telecommunications loans, $145,000,000; 

15 cost of money rural telecommunications loans, 

16 $250,000,000; and for loans made pursuant to section 306 

17 of that Act, rural telecommunications loans, 

18 $295,000,000. 

19 In addition, for administrative expenses necessary to 

20 carry out the direct and guaranteed loan programs, 

21 $39,959,000, which shall be transferred to and merged 

22 with the appropriation for ‘‘Rural Development, Salaries 

23 and Expenses’’. 
51 

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1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

2 PROGRAM

3 For the principal amount of broadband telecommuni4 cation loans, $531,699,000. 

5 For grants for telemedicine and distance learning 

6 services in rural areas, as authorized by 7 U.S.C. 950aaa 

7 et seq., $37,755,000, to remain available until expended: 

8 Provided, That $3,000,000 shall be made available for 

9 grants authorized by 379G of the Consolidated Farm and 

10 Rural Development Act: Provided further, That 

11 $4,965,000 shall be made available to those noncommer12 cial educational television broadcast stations that serve 

13 rural areas and are qualified for Community Service 

14 Grants by the Corporation for Public Broadcasting under 

15 section 396(k) of the Communications Act of 1934, includ16 ing associated translators and repeaters, regardless of the 

17 location of their main transmitter, studio-to-transmitter 

18 links, and equipment to allow local control over digital con19 tent and programming through the use of high-definition 

20 broadcast, multi-casting and datacasting technologies. 

21 For the cost of broadband loans, as authorized by 

22 section 601 of the Rural Electrification Act, $38,495,000, 

23 to remain available until expended: Provided, That the 

24 cost of direct loans shall be as defined in section 502 of 

25 the Congressional Budget Act of 1974. 
52 

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1 In addition, $13,406,000, to remain available until 

2 expended, for a grant program to finance broadband 

3 transmission in rural areas eligible for Distance Learning 

4 and Telemedicine Program benefits authorized by 7 

5 U.S.C. 950aaa. 

6 TITLE IV 

7 DOMESTIC FOOD PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

9 NUTRITION AND CONSUMER SERVICES

10 For necessary expenses of the Office of the Under 

11 Secretary for Food, Nutrition and Consumer Services, 

12 $813,000. 

13 FOOD AND NUTRITION SERVICE

14 CHILD NUTRITION PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 In lieu of the amounts made available in section 

17 14222(b) of the Food, Conservation, and Energy Act of 

18 2008, for necessary expenses to carry out the Richard B. 

19 Russell National School Lunch Act (42 U.S.C. 1751 et 

20 seq.), except section 21, and the Child Nutrition Act of 

21 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

22 21; $16,799,584,000, to remain available through Sep23 tember 30, 2011, of which $10,051,707,000 is hereby ap24 propriated and $6,747,877,000 shall be derived by trans25 fer from funds available under section 32 of the Act of 
53 

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1 August 24, 1935 (7 U.S.C. 612c): Provided, That of the 

2 total amount available, $5,000,000 shall be available to 

3 be awarded as competitive grants to implement section 

4 4405 of the Food, Conservation, and Energy Act of 2008 

5 (Public Law 110–246), and may be awarded notwith6 standing the limitations imposed by sections 

7 4405(b)(1)(A) and 4405(c)(1)(A). 

8 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

9 WOMEN, INFANTS, AND CHILDREN (WIC)

10 For necessary expenses to carry out the WIC Pro11 gram as authorized by section 17 of the Child Nutrition 

12 Act of 1966 (42 U.S.C. 1786), $7,552,000,000, to remain 

13 available through September 30, 2011: Provided, That 

14 none of the funds provided in this account shall be avail15 able for the purchase of infant formula except in accord16 ance with the cost containment and competitive bidding 

17 requirements specified in section 17 of such Act: Provided 

18 further, That none of the funds provided shall be available 

19 for activities that are not fully reimbursed by other Fed20 eral Government departments or agencies unless author21 ized by section 17 of such Act. 

22 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

23 For necessary expenses to carry out the Food and 

24 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 

25 $61,351,846,000, of which $3,000,000,000, to remain 
54 

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1 available through September 30, 2011, shall be placed in 

2 reserve for use only in such amounts and at such times 

3 as may become necessary to carry out program operations: 

4 Provided, That funds provided herein shall be expended 

5 in accordance with section 16 of the Food and Nutrition 

6 Act of 2008: Provided further, That this appropriation 

7 shall be subject to any work registration or workfare re8 quirements as may be required by law: Provided further, 

9 That funds made available for Employment and Training 

10 under this heading shall remain available until expended, 

11 notwithstanding section 16(h)(1) of the Food and Nutri12 tion Act of 2008: Provided further, That funds made avail13 able under this heading may be used to enter into con14 tracts and employ staff to conduct studies, evaluations, or 

15 to conduct activities related to program integrity provided 

16 that such activities are authorized by the Food and Nutri17 tion Act of 2008. 

18 COMMODITY ASSISTANCE PROGRAM

19 For necessary expenses to carry out disaster assist20 ance and the Commodity Supplemental Food Program as 

21 authorized by section 4(a) of the Agriculture and Con22 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

23 Emergency Food Assistance Act of 1983; special assist24 ance for the nuclear affected islands, as authorized by sec25 tion 103(f)(2) of the Compact of Free Association Amend-
55 

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1 ments Act of 2003 (Public Law 108–188); and the Farm2 ers’ Market Nutrition Program, as authorized by section 

3 17(m) of the Child Nutrition Act of 1966, $233,388,000, 

4 to remain available through September 30, 2011: Pro5 vided, That none of these funds shall be available to reim6 burse the Commodity Credit Corporation for commodities 

7 donated to the program: Provided further, That notwith8 standing any other provision of law, effective with funds 

9 made available in fiscal year 2010 to support the Seniors 

10 Farmers’ Market Nutrition Program, as authorized by 

11 section 4402 of the Farm Security and Rural Investment 

12 Act of 2002, such funds shall remain available through 

13 September 30, 2011: Provided further, That of the funds 

14 made available under section 27(a) of the Food and Nutri15 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 

16 use up to 10 percent for costs associated with the distribu17 tion of commodities. 

18 NUTRITION PROGRAMS ADMINISTRATION

19 For necessary administrative expenses of the Food 

20 and Nutrition Service for carrying out any domestic nutri21 tion assistance program, $147,801,000. 
56 

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1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED 

3 PROGRAMS 

4 FOREIGN AGRICULTURAL SERVICE

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Foreign Agricultural 

8 Service, including not to exceed $158,000 for representa9 tion allowances and for expenses pursuant to section 8 of 

10 the Act approved August 3, 1956 (7 U.S.C. 1766), 

11 $180,367,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and 

14 private organizations and institutions under agreements 

15 executed pursuant to the agricultural food production as16 sistance programs (7 U.S.C. 1737) and the foreign assist17 ance programs of the United States Agency for Inter18 national Development: Provided further, That funds made 

19 available for middle-income country training programs 

20 and up to $2,000,000 of the Foreign Agricultural Service 

21 appropriation solely for the purpose of offsetting fluctua22 tions in international currency exchange rates, subject to 

23 documentation by the Foreign Agricultural Service, shall 

24 remain available until expended. 
57 

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1 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

2 FOR PROGRESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the credit 

5 program of title I, Public Law 83–480 and the Food for 

6 Progress Act of 1985, $2,812,000, shall be transferred to 

7 and merged with the appropriation for ‘‘Farm Service 

8 Agency, Salaries and Expenses’’: Provided, That funds 

9 made available for the cost of agreements under title I 

10 of the Agricultural Trade Development and Assistance Act 

11 of 1954 and for title I ocean freight differential may be 

12 used interchangeably between the two accounts with prior 

13 notice to the Committees on Appropriations of both 

14 Houses of Congress. 

15 FOOD FOR PEACE TITLE II GRANTS

16 For expenses during the current fiscal year, not oth17 erwise recoverable, and unrecovered prior years’ costs, in18 cluding interest thereon, under the Food for Peace Act 

19 (Public Law 83–480, as amended), for commodities sup20 plied in connection with dispositions abroad under title II 

21 of said Act, $1,690,000,000, to remain available until ex22 pended. 
58 

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1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program, 

6 GSM 102 and GSM 103, $6,820,000; to cover common 

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity 

9 with the Federal Credit Reform Act of 1990, of which 

10 $6,465,000 shall be transferred to and merged with the 

11 appropriation for ‘‘Foreign Agricultural Service, Salaries 

12 and Expenses’’, and of which $355,000 shall be trans13 ferred to and merged with the appropriation for ‘‘Foreign 

14 Agricultural Service, Salaries and Expenses’’. 

15 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

16 AND CHILD NUTRITION PROGRAM GRANTS

17 For necessary expenses to carry out the provisions 

18 of section 3107 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 1736o–1), $199,500,000, to 

20 remain available until expended: Provided, That of this 

21 amount, the Secretary shall use up to $10,000,000 to con22 duct pilot projects to field test new and improved micro23 nutrient fortified food products designed to meet energy 

24 and nutrient needs of program participants: Provided fur25 ther, That the Commodity Credit Corporation is author-
59 

•S 1406 PCS

1 ized to provide the services, facilities, and authorities for 

2 the purpose of implementing such section, subject to reim3 bursement from amounts provided herein. 

4 TITLE VI 

5 RELATED AGENCY AND FOOD AND DRUG 

6 ADMINISTRATION 

7 DEPARTMENT OF HEALTH AND HUMAN 

8 SERVICES 

9 FOOD AND DRUG ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Food and Drug Ad12 ministration, including hire and purchase of passenger 

13 motor vehicles; for payment of space rental and related 

14 costs pursuant to Public Law 92–313 for programs and 

15 activities of the Food and Drug Administration which are 

16 included in this Act; for rental of special purpose space 

17 in the District of Columbia or elsewhere; for miscellaneous 

18 and emergency expenses of enforcement activities, author19 ized and approved by the Secretary and to be accounted 

20 for solely on the Secretary’s certificate, not to exceed 

21 $25,000; and notwithstanding section 521 of Public Law 

22 107–188; $2,995,218,000: Provided, That of the amount 

23 provided under this heading, $578,162,000 shall be de24 rived from prescription drug user fees authorized by 21 

25 U.S.C. 379h shall be credited to this account and remain 
60 

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1 available until expended, and shall not include any fees 

2 pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for 

3 fiscal year 2011 but collected in fiscal year 2010; 

4 $57,014,000 shall be derived from medical device user fees 

5 authorized by 21 U.S.C. 379j, and shall be credited to this 

6 account and remain available until expended; $17,280,000 

7 shall be derived from animal drug user fees authorized by 

8 21 U.S.C. 379j, and shall be credited to this account and 

9 remain available until expended; and $5,106,000 shall be 

10 derived from animal generic drug user fees authorized by 

11 21 U.S.C. 379f, and shall be credited to this account and 

12 shall remain available until expended: Provided further, 

13 That fees derived from prescription drug, medical device, 

14 animal drug, and animal generic drug assessments for fis15 cal year 2010 received during fiscal year 2010, including 

16 any such fees assessed prior to fiscal year 2010 but cred17 ited for fiscal year 2010, shall be subject to the fiscal year 

18 2010 limitations: Provided further, That none of these 

19 funds shall be used to develop, establish, or operate any 

20 program of user fees authorized by 31 U.S.C. 9701: Pro21 vided further, That of the total amount appropriated: (1) 

22 $782,915,000 shall be for the Center for Food Safety and 

23 Applied Nutrition and related field activities in the Office 

24 of Regulatory Affairs; (2) $873,104,000 shall be for the 

25 Center for Drug Evaluation and Research and related 
61 

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1 field activities in the Office of Regulatory Affairs, of which 

2 no less than $51,545,000 shall be available for the Office 

3 of Generic Drugs; (3) $305,249,000 shall be for the Cen4 ter for Biologics Evaluation and Research and for related 

5 field activities in the Office of Regulatory Affairs; (4) 

6 $155,540,000 shall be for the Center for Veterinary Medi7 cine and for related field activities in the Office of Regu8 latory Affairs; (5) $349,262,000 shall be for the Center 

9 for Devices and Radiological Health and for related field 

10 activities in the Office of Regulatory Affairs; (6) 

11 $58,745,000 shall be for the National Center for Toxi12 cological Research; (7) not to exceed $115,882,000 shall 

13 be for Rent and Related activities, of which $41,496,000 

14 is for White Oak Consolidation, other than the amounts 

15 paid to the General Services Administration for rent; (8) 

16 not to exceed $168,728,000 shall be for payments to the 

17 General Services Administration for rent; and (9) 

18 $185,793,000 shall be for other activities, including the 

19 Office of the Commissioner; the Office of Scientific and 

20 Medical Programs; the Office of Policy, Planning and Pre21 paredness; the Office of International and Special Pro22 grams; the Office of Operations; and central services for 

23 these offices: Provided further, That funds may be trans24 ferred from one specified activity to another with the prior 
62 

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1 notification of the Committees on Appropriations of both 

2 Houses of Congress. 

3 In addition, mammography user fees authorized by 

4 42 U.S.C. 263b, export certification user fees authorized 

5 by 21 U.S.C. 381, and priority review user fees authorized 

6 by 21 U.S.C. 360n may be credited to this account, to 

7 remain available until expended. 

8 BUILDINGS AND FACILITIES

9 For plans, construction, repair, improvement, exten10 sion, alteration, and purchase of fixed equipment or facili11 ties of or used by the Food and Drug Administration, 

12 where not otherwise provided, $12,433,000, to remain 

13 available until expended. 

14 INDEPENDENT AGENCY 

15 FARM CREDIT ADMINISTRATION

16 LIMITATION ON ADMINISTRATIVE EXPENSES

17 Not to exceed $54,500,000 (from assessments col18 lected from farm credit institutions, including the Federal 

19 Agricultural Mortgage Corporation) shall be obligated 

20 during the current fiscal year for administrative expenses 

21 as authorized under 12 U.S.C. 2249: Provided, That this 

22 limitation shall not apply to expenses associated with re23 ceiverships. 
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1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSION)

4 SEC. 701. Within the unit limit of cost fixed by law, 

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 

7 Act shall be available for the purchase, in addition to those 

8 specifically provided for, of not to exceed 204 passenger 

9 motor vehicles, of which 170 shall be for replacement only, 

10 and for the hire of such vehicles. 

11 SEC. 702. Section 10101 of division B of the Consoli12 dated Security, Disaster Assistance, and Continuing Ap13 propriations Act, 2009, (Public Law 110–329) is amended 

14 in subsection (b) by inserting at the end the following: ‘‘In 

15 carrying out this section, the Secretary may transfer funds 

16 into existing or new accounts as determined by the Sec17 retary.’’. 

18 SEC. 703. The Secretary of Agriculture may transfer 

19 unobligated balances of discretionary funds appropriated 

20 by this Act or other available unobligated discretionary 

21 balances of the Department of Agriculture to the Working 

22 Capital Fund for the acquisition of plant and capital 

23 equipment necessary for the delivery of financial, adminis24 trative, and information technology services of primary 

25 benefit to the agencies of the Department of Agriculture: 
64 

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1 Provided, That none of the funds made available by this 

2 Act or any other Act shall be transferred to the Working 

3 Capital Fund without the prior notification of the agency 

4 administrator: Provided further, That none of the funds 

5 transferred to the Working Capital Fund pursuant to this 

6 section shall be available for obligation without the prior 

7 notification of the Committees on Appropriations of both 

8 Houses of Congress: Provided further, That none of the 

9 funds appropriated by this Act or made available to the 

10 Department’s Working Capital Fund shall be available for 

11 obligation or expenditure to make any changes to the De12 partment’s National Finance Center without prior ap13 proval of the Committees on Appropriations of both 

14 Houses of Congress as required by section 712 of this Act: 

15 Provided further, That of annual income amounts in the 

16 Working Capital Fund of the Department of Agriculture 

17 allocated for the National Finance Center, the Secretary 

18 may reserve not more than 4 percent for the replacement 

19 or acquisition of capital equipment, including equipment 

20 for the improvement and implementation of a financial 

21 management plan, information technology, and other sys22 tems of the National Finance Center or to pay any unfore23 seen, extraordinary cost of the National Finance Center: 

24 Provided further, That none of the amounts reserved shall 

25 be available for obligation unless the Secretary submits 
65 

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1 notification of the obligation to the Committees on Appro2 priations of the House of Representatives and the Senate: 

3 Provided further, That the limitation on the obligation of 

4 funds pending notification to Congressional Committees 

5 shall not apply to any obligation that, as determined by 

6 the Secretary, is necessary to respond to a declared state 

7 of emergency that significantly impacts the operations of 

8 the National Finance Center; or to evacuate employees of 

9 the National Finance Center to a safe haven to continue 

10 operations of the National Finance Center. 

11 SEC. 704. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 705. No funds appropriated by this Act may be 

15 used to pay negotiated indirect cost rates on cooperative 

16 agreements or similar arrangements between the United 

17 States Department of Agriculture and nonprofit institu18 tions in excess of 10 percent of the total direct cost of 

19 the agreement when the purpose of such cooperative ar20 rangements is to carry out programs of mutual interest 

21 between the two parties: Provided, That this does not pre22 clude appropriate payment of indirect costs on grants and 

23 contracts with such institutions when such indirect costs 

24 are computed on a similar basis for all agencies for which 

25 appropriations are provided in this Act. 
66 

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1 SEC. 706. Appropriations to the Department of Agri2 culture for the cost of direct and guaranteed loans made 

3 available in the current fiscal year shall remain available 

4 until expended to disburse obligations made in the current 

5 fiscal year for the following accounts: the Rural Develop6 ment Loan Fund program account, the Rural Electrifica7 tion and Telecommunication Loans program account, and 

8 the Rural Housing Insurance Fund program account. 

9 SEC. 707. Of the funds made available by this Act, 

10 not more than $1,800,000 shall be used to cover necessary 

11 expenses of activities related to all advisory committees, 

12 panels, commissions, and task forces of the Department 

13 of Agriculture, except for panels used to comply with nego14 tiated rule makings and panels used to evaluate competi15 tively awarded grants. 

16 SEC. 708. Hereafter, none of the funds appropriated 

17 by this Act or any other Act may be used to carry out 

18 section 410 of the Federal Meat Inspection Act (21 U.S.C. 

19 679a) or section 30 of the Poultry Products Inspection 

20 Act (21 U.S.C. 471). 

21 SEC. 709. No employee of the Department of Agri22 culture may be detailed or assigned from an agency or 

23 office funded by this Act or any other Act to any other 

24 agency or office of the Department for more than 30 days 

25 unless the individual’s employing agency or office is fully 
67 

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1 reimbursed by the receiving agency or office for the salary 

2 and expenses of the employee for the period of assignment. 

3 SEC. 710. None of the funds appropriated or other4 wise made available to the Department of Agriculture or 

5 the Food and Drug Administration shall be used to trans6 mit or otherwise make available to any non-Department 

7 of Agriculture or non-Department of Health and Human 

8 Services employee questions or responses to questions that 

9 are a result of information requested for the appropria10 tions hearing process. 

11 SEC. 711. None of the funds made available to the 

12 Department of Agriculture by this Act may be used to ac13 quire new information technology systems or significant 

14 upgrades, as determined by the Office of the Chief Infor15 mation Officer, without the approval of the Chief Informa16 tion Officer and the concurrence of the Executive Informa17 tion Technology Investment Review Board: Provided, That 

18 notwithstanding any other provision of law, none of the 

19 funds appropriated or otherwise made available by this 

20 Act may be transferred to the Office of the Chief Informa21 tion Officer unless prior notification has been transmitted 

22 to the Committees on Appropriations of both Houses of 

23 Congress: Provided further, That none of the funds avail24 able to the Department of Agriculture for information 

25 technology shall be obligated for projects over $25,000 
68 

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1 prior to receipt of written approval by the Chief Informa2 tion Officer. 

3 SEC. 712. (a) None of the funds provided by this Act, 

4 or provided by previous Appropriations Acts to the agen5 cies funded by this Act that remain available for obligation 

6 or expenditure in the current fiscal year, or provided from 

7 any accounts in the Treasury of the United States derived 

8 by the collection of fees available to the agencies funded 

9 by this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds which— 

11 (1) creates new programs; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds or personnel by any means 

14 for any project or activity for which funds have been 

15 denied or restricted; 

16 (4) relocates an office or employees; 

17 (5) reorganizes offices, programs, or activities; 

18 or 

19 (6) contracts out or privatizes any functions or 

20 activities presently performed by Federal employees; 

21 unless the Committees on Appropriations of both 

22 Houses of Congress are notified 15 days in advance 

23 of such reprogramming of funds. 

24 (b) None of the funds provided by this Act, or pro25 vided by previous Appropriations Acts to the agencies 
69 

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1 funded by this Act that remain available for obligation or 

2 expenditure in the current fiscal year, or provided from 

3 any accounts in the Treasury of the United States derived 

4 by the collection of fees available to the agencies funded 

5 by this Act, shall be available for obligation or expenditure 

6 for activities, programs, or projects through a reprogram7 ming of funds in excess of $500,000 or 10 percent, which8 ever is less, that: (1) augments existing programs, 

9 projects, or activities; (2) reduces by 10 percent funding 

10 for any existing program, project, or activity, or numbers 

11 of personnel by 10 percent as approved by Congress; or 

12 (3) results from any general savings from a reduction in 

13 personnel which would result in a change in existing pro14 grams, activities, or projects as approved by Congress; un15 less the Committees on Appropriations of both Houses of 

16 Congress are notified 15 days in advance of such re17 programming of funds. 

18 (c) The Secretary of Agriculture or the Secretary of 

19 Health and Human Services shall notify the Committees 

20 on Appropriations of both Houses of Congress before im21 plementing a program or activity not carried out during 

22 the previous fiscal year unless the program or activity is 

23 funded by this Act or specifically funded by any other Act. 

24 SEC. 713. None of the funds appropriated by this or 

25 any other Act shall be used to pay the salaries and ex-
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1 penses of personnel who prepare or submit appropriations 

2 language as part of the President’s Budget submission to 

3 the Congress of the United States for programs under the 

4 jurisdiction of the Appropriations Subcommittees on Agri5 culture, Rural Development, Food and Drug Administra6 tion, and Related Agencies that assumes revenues or re7 flects a reduction from the previous year due to user fees 

8 proposals that have not been enacted into law prior to the 

9 submission of the Budget unless such Budget submission 

10 identifies which additional spending reductions should 

11 occur in the event the user fees proposals are not enacted 

12 prior to the date of the convening of a committee of con13 ference for the fiscal year 2011 appropriations Act. 

14 SEC. 714. None of the funds made available by this 

15 or any other Act may be used to close or relocate a Rural 

16 Development office unless or until the Secretary of Agri17 culture determines the cost effectiveness and/or enhance18 ment of program delivery: Provided, That not later than 

19 120 days before the date of the proposed closure or reloca20 tion, the Secretary notifies the Committees on Appropria21 tion of the House and Senate, and the members of Con22 gress from the State in which the office is located of the 

23 proposed closure or relocation and provides a report that 

24 describes the justifications for such closures and reloca25 tions. 
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1 SEC. 715. None of the funds made available to the 

2 Food and Drug Administration by this Act shall be used 

3 to close or relocate, or to plan to close or relocate, the 

4 Food and Drug Administration Division of Pharma5 ceutical Analysis in St. Louis, Missouri, outside the city 

6 or county limits of St. Louis, Missouri. 

7 SEC. 716. There is hereby appropriated $499,000 for 

8 any authorized Rural Development program purpose, in 

9 communities suffering from extreme outmigration and sit10 uated in areas that were designated as part of an Em11 powerment Zone pursuant to section 111 of the Commu12 nity Renewal Tax Relief Act of 2000 (as contained in ap13 pendix G of Public Law 106–554). 

14 SEC. 717. None of the funds made available in fiscal 

15 year 2010 or preceding fiscal years for programs author16 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.) 

17 in excess of $20,000,000 shall be used to reimburse the 

18 Commodity Credit Corporation for the release of eligible 

19 commodities under section 302(f)(2)(A) of the Bill Emer20 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro21 vided, That any such funds made available to reimburse 

22 the Commodity Credit Corporation shall only be used pur23 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu24 manitarian Trust Act. 
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1 SEC. 718. There is hereby appropriated $3,497,000, 

2 to remain available until expended, for a grant to the Na3 tional Center for Natural Products Research for construc4 tion or renovation to carry out the research objectives of 

5 the natural products research grant issued by the Food 

6 and Drug Administration. 

7 SEC. 719. Funds made available under section 1240I 

8 and section 1241(a) of the Food Security Act of 1985 and 

9 section 524(b) of the Federal Crop Insurance Act (7 

10 U.S.C. 1524(b)) in the current fiscal year shall remain 

11 available until expended to disburse obligations made in 

12 the current fiscal year. 

13 SEC. 720. None of the funds appropriated or other14 wise made available by this or any other Act shall be used 

15 to pay the salaries and expenses of personnel to carry out 

16 the following: 

17 (1) An Environmental Quality Incentives Pro18 gram as authorized by sections 1241–240H of the 

19 Food Security Act of 1985, as amended (16 U.S.C. 

20 3839aa–3839aa(8)), in excess of $1,180,000,000. 

21 (2) a program authorized by section 14(h)(1) of 

22 the Watershed Protection and Flood Prevention Act 

23 (16 U.S.C. 1012(h)(1). 

24 (3) a program under subsection (b)(2)(A)(ii) of 

25 section 14222 of Public Law 110–246 in excess of 
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1 $1,123,000,000: Provided, That none of the funds 

2 made available in this Act or any other Act shall be 

3 used for salaries and expenses to carry out section 

4 19(i)(1)(C) of the Richard B. Russell National 

5 School Lunch Act as amended by section 4304 of 

6 Public Law 110–246 in excess of $25,000,000 until 

7 October 1, 2010: Provided further, That the unobli8 gated balances under section 32 of the Act of Au9 gust 24, 1935, $52,000,000 are hereby rescinded. 

10 SEC. 721. Hereafter, notwithstanding any other pro11 vision of law, any former RUS borrower that has repaid 

12 or prepaid an insured, direct or guaranteed loan under the 

13 Rural Electrification Act, or any not-for-profit utility that 

14 is eligible to receive an insured or direct loan under such 

15 Act, shall be eligible for assistance under section 

16 313(b)(2)(B) of such Act in the same manner as a bor17 rower under such Act. 

18 SEC. 722. There is hereby appropriated $2,600,000, 

19 to remain available until expended, for the planning and 

20 design of construction of an agricultural pest facility in 

21 the State of Hawaii. 

22 SEC. 723. There is hereby appropriated $4,000,000 

23 to the Secretary of Agriculture to award grant(s) to de24 velop and field test new food products designed to improve 

25 the nutritional delivery of humanitarian food assistance 
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1 provided through the McGovern-Dole (section 3107 of the 

2 Farm Security and Rural Investment Act of 2002 (7 

3 U.S.C. 1736o–1)) and the Food for Peace title II (7 

4 U.S.C. 1691 et seq.) programs: Provided, That the Sec5 retary shall use the authorities provided under the Re6 search, Education, and Economics mission area of the De7 partment in awarding such grant(s), with priority given 

8 to proposals that demonstrate partnering with and in-kind 

9 support from the private sector. 

10 SEC. 724. The Rural Utilities Service, Rural Housing 

11 Service, and Rural Business and Cooperative Service shall 

12 permit an applicant to solicit and procure professional 

13 services and have prepared all environmental reviews, as14 sessments, and impact statements: Provided, That such 

15 professional services will be funded by the applicants and 

16 selected by the agencies from procurement schedules of 

17 contractors determined qualified to perform said services: 

18 Provided further, That the Agencies shall establish the 

19 scope of work and procedures for such services as well as 

20 procedures to assure contractors have no financial or other 

21 conflicts of interest in the outcome of the action and the 

22 documentation meets the needs of the Agencies: Provided 

23 further, That nothing herein shall affect the responsibility 

24 of the Agencies to comply with the National Environ25 mental Policy Act. 
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1 SEC. 725. Notwithstanding any other provision of 

2 law, and until receipt of the decennial Census for the year 

3 2010, the Secretary of Agriculture shall consider— 

4 (1) The unincorporated community of Los 

5 Osos, in the County of San Luis Obispo, California, 

6 to be a rural area for the purposes of eligibility for 

7 Rural Utilities Service water and waste disposal 

8 loans and grants; and 

9 (2) The unincorporated community of 

10 Thermalito in Butte County, California, (including 

11 individuals and entities with projects within the com12 munity) eligible for loans and grants funded under 

13 the housing programs of the Rural Housing Service. 

14 SEC. 726. There is hereby appropriated $3,000,000 

15 for section 4404 of Public Law 107–171. 

16 SEC. 727. Notwithstanding any other provision of 

17 law, there is hereby appropriated: 

18 (1) $3,000,000 of which $2,000,000 shall be for 

19 a grant to the Wisconsin Department of Agriculture, 

20 Trade, and Consumer Protection, and $1,000,000 

21 shall be for a grant to the Vermont Agency of Agri22 culture, Foods, and Markets, as authorized by sec23 tion 6402 of the Farm Security and Rural Invest24 ment Act of 2002 (7 U.S.C. 1621 note); and 
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1 (2) $350,000 for a grant to the Wisconsin De2 partment of Agriculture, Trade and Consumer Pro3 tection. 

4 SEC. 728. Notwithstanding any other provision of 

5 law, the Natural Resources Conservation Service shall pro6 vide financial and technical assistance— 

7 (1) through the Watershed and Flood Preven8 tion Operations program for the Pocasset River 

9 Floodplain Management Project in the State of 

10 Rhode Island; 

11 (2) through the Watershed and Flood Preven12 tion Operations program to carry out the East Lo13 cust Creek Watershed Plan Revision in Missouri, in14 cluding up to 100 percent of the engineering assist15 ance and 75 percent cost share for construction cost 

16 of site RW1; 

17 (3) through the Watershed and Flood Preven18 tion Operations program to carry out the Little 

19 Otter Creek Watershed project in Missouri. The 

20 sponsoring local organization may obtain land rights 

21 by perpetual easements; 

22 (4) through the Watershed and Flood Preven23 tion Operations program to carry out the DuPage 

24 County Watershed project in the State of Illinois; 
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1 (5) through the Watershed and Flood Preven2 tion Operations program to carry out the Dunloup 

3 Creek Watershed Project in Fayette and Raleigh 

4 Counties, West Virginia; 

5 (6) through the Watershed and Flood Preven6 tion Operations program to carry out the Dry Creek 

7 Watershed project in the State of California; and 

8 (7) through the Watershed and Flood Preven9 tion Operations program to carry out the Upper 

10 Clark Fork Watershed project in the State of Mon11 tana. 

12 SEC. 729. Section 17(r)(5) of the Richard B. Russell 

13 National School Lunch Act (42 U.S.C. 1766(r)(5)) is 

14 amended— 

15 (1) by striking ‘‘ten’’ and inserting ‘‘eleven’’; 

16 (2) by striking ‘‘eight’’ and inserting ‘‘nine’’; 

17 and 

18 (3) by inserting ‘‘Wisconsin,’’ after the first in19 stance of ‘‘States shall be’’. 

20 SEC. 730. Notwithstanding any other provision of 

21 law, for the purposes of a grant under section 412 of the 

22 Agricultural Research, Extension, and Education Reform 

23 Act of 1998, none of the funds in this or any other Act 

24 may be used to prohibit the provision of in-kind support 

25 from non-Federal sources under section 412(e)(3) in the 
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1 form of unrecovered indirect costs not otherwise charged 

2 against the grant, consistent with the indirect rate of cost 

3 approved for a recipient. 

4 SEC. 731. Except as otherwise specifically provided 

5 by law, unobligated balances remaining available at the 

6 end of the fiscal year from appropriations made available 

7 for salaries and expenses in this Act for the Farm Service 

8 Agency and the Rural Development mission area, shall re9 main available through September 30, 2011, for informa10 tion technology expenses. 

11 SEC. 732. (a) CHILD NUTRITION PROGRAMS.—Sec12 tion 9(b) of the Richard B. Russell National School Lunch 

13 Act (42 U.S.C. 1758(b)) is amended by adding at the end 

14 the following: 

15 ‘‘(14) COMBAT PAY.— 

16 ‘‘(A) DEFINITION OF COMBAT PAY.—In 

17 this paragraph, the term ‘combat pay’ means 

18 any additional payment under chapter 5 of title 

19 37, United States Code, or otherwise designated 

20 by the Secretary to be appropriate for exclusion 

21 under this paragraph, that is received by or 

22 from a member of the United States Armed 

23 Forces deployed to a designated combat zone, if 

24 the additional pay— 
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1 ‘‘(i) is the result of deployment to or 

2 service in a combat zone; and 

3 ‘‘(ii) was not received immediately 

4 prior to serving in a combat zone. 

5 ‘‘(B) EXCLUSION.—Combat pay shall not 

6 be considered to be income for the purpose of 

7 determining the eligibility for free or reduced 

8 price meals of a child who is a member of the 

9 household of a member of the United States 

10 Armed Forces.’’. 

11 (b) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

12 FOR WOMEN, INFANTS, AND CHILDREN.—Section 

13 17(d)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 

14 1786(d)(2)) is amended— 

15 (1) by redesignating subparagraph (C) as sub16 paragraph (D); and 

17 (2) by inserting after subparagraph (B) the fol18 lowing: 

19 ‘‘(C) COMBAT PAY.—For the purpose of 

20 determining income eligibility under this sec21 tion, a State agency shall exclude from income 

22 any additional payment under chapter 5 of title 

23 37, United States Code, or otherwise designated 

24 by the Secretary to be appropriate for exclusion 

25 under this subparagraph, that is received by or 
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1 from a member of the United States Armed 

2 Forces deployed to a designated combat zone, if 

3 the additional pay— 

4 ‘‘(i) is the result of deployment to or 

5 service in a combat zone; and 

6 ‘‘(ii) was not received immediately 

7 prior to serving in a combat zone.’’. 

8 SEC. 733. (a) Section 531(g)(7)(F) of the Federal 

9 Crop Insurance Act (7 U.S.C. 1531(g)(7)(F)) is amend10 ed— 

11 (1) in the matter preceding clause (i), by insert12 ing ‘‘(including multiyear assistance)’’ after ‘‘assist13 ance’’; and 

14 (2) in clause (i), by inserting ‘‘or multiyear pro15 duction losses’’ after ‘‘a production loss’’. 

16 (b) Section 901(g)(7)(F) of the Trade Act of 1974 

17 (19 U.S.C. 2497(g)(7)(F)) is amended— 

18 (1) in the matter preceding clause (i), by insert19 ing ‘‘(including multiyear assistance)’’ after ‘‘assist20 ance’’; and 

21 (2) in clause (i), by inserting ‘‘or multiyear pro22 duction losses’’ after ‘‘a production loss’’. 

23 SEC. 734. Notwithstanding section 17(g)(5) of the 

24 Child Nutrition Act of 1966 (42.U.S.C. 1786(g)(5)), not 

25 more than $15,000,000 of funds provided in this Act may 
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1 be used for the purpose of evaluating program perform2 ance in the Special Supplemental Nutrition Program for 

3 Women, Infants and Children. 

4 SEC. 735. Notwithstanding section 17(h)(10)(A) of 

5 the Child Nutrition Act of 1966 (42 U.S.C. 

6 1786(h)(10)(A)), $154,000,000 of funds provided in this 

7 Act shall be used for infrastructure, management informa8 tion systems and breastfeeding peer counseling support: 

9 Provided, That of the $154,000,000, not less than 

10 $14,000,000 shall be used for infrastructure, not less than 

11 $60,000,000 shall be used for management information 

12 systems, and not less than $80,000,000 shall be used for 

13 breastfeeding peer counselors and other related activities. 

14 SEC. 736. Agencies with jurisdiction for carrying out 

15 international food assistance programs under the jurisdic16 tion of this Act, including title II of the Food for Peace 

17 Act and the McGovern-Dole International Food for Edu18 cation Program, shall— 

19 (1) provide to the Committees on Appropria20 tions of the House and the Senate no later than 

21 March 1, 2010, the following: 

22 (A) estimates on cost-savings and pro23 grammatic efficiencies that would result from 

24 increased use of pre-positioning of food aid 

25 commodities and processes to ensure such car-
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1 goes are appropriately maintained to prevent 

2 spoilage; 

3 (B) estimates on cost-savings and pro4 grammatic efficiencies that would result from 

5 the use of longer-term commodity procurement 

6 contracts, the proportional distribution of com7 modity purchases throughout the fiscal year, 

8 longer-term shipping contracts, contracts which 

9 include shared-risk principles, and adoptions of 

10 other commercially acceptable contracting prac11 tices; 

12 (C) estimates on costs of domestic procure13 ment of commodities, domestic inland transpor14 tation of food aid commodities, domestic stor15 age (including loading and unloading), foreign 

16 storage (including loading and unloading), for17 eign inland transportation, and ocean freight 

18 (including ocean freight as adjusted by the 

19 ocean freight differential reimbursement pro20 vided by the Secretary of Transportation), and 

21 costs relating to allocation and distribution of 

22 commodities in recipient countries; 

23 (D) information on the frequency of delays 

24 in transporting food aid commodities, the cause 

25 or purpose of any delays (including how those 
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1 delays are tracked, monitored and resolved), 

2 missed schedules by carriers and non-carriers 

3 (and resulting program costs due to such 

4 delays, including impacts to program bene5 ficiaries); 

6 (E) information on the methodologies to 

7 improve interagency coordination between host 

8 governments, the World Food Program, and 

9 non-governmental organization to develop more 

10 consistent estimates of food aid needs and the 

11 number of intended recipients to appropriately 

12 inform the purchases of commodities and in 

13 order to appropriately plan for commodity pro14 curement for food aid programs; 

15 (2) provide the matter described under sub16 section (1) of this section in the form of a consensus 

17 report under the signatures of the Secretaries of Ag18 riculture, State, and Transportation; and 

19 (3) estimates and cost savings analysis for this 

20 section shall be derived from periods representative 

21 of normal program operations. 

22 SEC. 737. There is hereby appropriated $7,000,000 

23 to carry out section 4202 of Public Law 110–246. 

24 SEC. 738. There is hereby appropriated $2,600,000 

25 to carry out section 1621 of Public Law 110–246. 
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1 SEC. 739. There is hereby appropriated $4,000,000 

2 to carry out section 1613 of Public Law 110–246. 

3 SEC. 740. There is hereby appropriated $250,000, to 

4 remain available until expended, for a grant to the Kansas 

5 Farm Bureau Foundation for work-force development ini6 tiatives to address out-migration in rural areas. 

7 SEC. 741. There is hereby appropriated $800,000 to 

8 the Farm Service Agency to carry out a pilot program to 

9 demonstrate the use of new technologies that increase the 

10 rate of growth of re-forested hardwood trees on private 

11 non-industrial forests lands, enrolling lands on the coast 

12 of the Gulf of Mexico that were damaged by Hurricane 

13 Katrina in 2005. 

14 SEC. 742. Applicants with very low, low, and mod15 erate incomes shall be eligible for the program established 

16 in section 791 of Public Law 109–97. 

17 SEC. 743. The Secretary of Agriculture may author18 ize a State agency to use funds provided in this Act to 

19 exceed the maximum amount of reconstituted infant for20 mula specified in 7 C.F.R. 246.10 when issuing infant for21 mula to participants. Such authorizations shall not other22 wise impact the eligibility of manufacturers to remain eli23 gible under the Special Supplemental Nutrition Program 

24 for Women, Infants and Children authorized by section 

25 17 of the Child Nutrition Act of 1966. 
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1 SEC. 744. None of the funds made available by this 

2 Act may be used to establish or implement a rule allowing 

3 poultry products to be imported into the United States 

4 from the People’s Republic of China unless the Secretary 

5 of Agriculture formally commits in advance to conduct au6 dits of inspection systems, on-site reviews of slaughter and 

7 processing facilities, laboratories and other control oper8 ations before any Chinese facilities are certified as eligible 

9 to ship fully cooked poultry products to the United States, 

10 and at least once annually in subsequent years: Provided, 

11 That the Secretary commits in advance to implement a 

12 significantly increased level of port of entry re-inspection: 

13 Provided further, That the Secretary commits in advance 

14 to conduct information sharing with other countries im15 porting poultry products from China that have conducted 

16 audits and plant inspections. 

17 This Act may be cited as the ‘‘Agriculture, Rural De18 velopment, Food and Drug Administration, and Related 

19 Agencies Appropriations Act, 2010’’. 
Calendar No. 99 

111TH CONGRESS 

1ST SESSION S. 1406 

[Report No. 111–39] 

A BILL 

Making appropriations for Agriculture, Rural Deposes. ending September 30, 2010, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and 

JULY 7, 2009 

Read twice and placed on the calendar