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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3289 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 890
110th CONGRESS
  2d Session
                                S. 3289

                          [Report No. 110-426]

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 21 (legislative day, July 17), 2008

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

Rule___________________________________________________________________

                                 A BILL

 
Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2009, and for other 
purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                          Executive Operations

                     office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
including economic analysis, risk assessment, cost-benefit analysis, 
energy and new uses, and the functions of the World Agricultural 
Outlook Board, as authorized by the Agricultural Marketing Act of 1946 
(7 U.S.C. 1622g), $10,651,000.

                       national appeals division

    For necessary expenses of the National Appeals Division, 
$14,711,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $8,449,000.

                      office of homeland security

    For necessary expenses of the Office of Homeland Security, 
$974,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $16,527,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,954,000: Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $871,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $20,798,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $687,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $226,432,000, to remain available until expended, of 
which $168,901,000 shall be available for payments to the General 
Services Administration for rent and $13,500,000 for payment to the 
Department of Homeland Security for building security: Provided, That 
amounts which are made available for space rental and related costs for 
the Department of Agriculture in this Act may be transferred between 
such appropriations to cover the costs of additional, new, or 
replacement space 15 days after notice thereof is transmitted to the 
Appropriations Committees of both Houses of Congress.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $4,933,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $27,011,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department: Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558.

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,877,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: Provided further, 
That no funds made available by this appropriation may be obligated 
after 30 days from the date of enactment of this Act, unless the 
Secretary has notified the Committees on Appropriations of both Houses 
of Congress on the allocation of these funds by USDA agency: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications to carry out 
services relating to the coordination of programs involving public 
affairs, for the dissemination of agricultural information, and the 
coordination of information, work, and programs authorized by Congress 
in the Department, $9,514,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$81,517,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$40,083,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics to administer the laws enacted by the 
Congress for the Economic Research Service, the National Agricultural 
Statistics Service, the Agricultural Research Service, and the 
Cooperative State Research, Education, and Extension Service, $609,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, $78,209,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, 
$149,115,000, of which up to $37,265,000 shall be available until 
expended for the Census of Agriculture.

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $1,134,084,000: Provided, That of this amount, 
$1,115,959,000 is to maintain research programs and activities at the 
locations and in amounts no less than provided in fiscal year 2008, 
$3,000,000 is for research enhancements, and $15,125,000 is for pay and 
related costs: Provided further, That appropriations hereunder shall be 
available for the operation and maintenance of aircraft and the 
purchase of not to exceed one for replacement only: Provided further, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for the construction, alteration, and repair of buildings and 
improvements, but unless otherwise provided, the cost of constructing 
any one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except for 
10 buildings to be constructed or improved at a cost not to exceed 
$750,000 each, and the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building or $375,000, whichever is greater: Provided 
further, That the limitations on alterations contained in this Act 
shall not apply to modernization or replacement of existing facilities 
at Beltsville, Maryland: Provided further, That appropriations 
hereunder shall be available for granting easements at the Beltsville 
Agricultural Research Center: Provided further, That the foregoing 
limitations shall not apply to replacement of buildings needed to carry 
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing or 
operating any research facility or research project of the Agricultural 
Research Service, as authorized by law.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $30,995,000, 
to remain available until expended.

      Cooperative State Research, Education, and Extension Service

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$629,871,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $205,602,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $26,031,000; for 
payments to eligible institutions (7 U.S.C. 3222), $43,104,000, 
provided that each institution receives no less than $1,000,000; for 
special grants (7 U.S.C. 450i(c)), $50,649,000; for grants for 
agricultural and rural policy research pursuant to 7 U.S.C. 3155, 
$2,602,000; for competitive grants on improved pest control (7 U.S.C. 
450i(c)), $15,313,000; for competitive grants (7 U.S.C. 450(i)(b)), 
$200,000,000, to remain available until expended; for supplemental and 
alternative crops and products (7 U.S.C. 3319d), $819,000; for grants 
for research pursuant to the Critical Agricultural Materials Act (7 
U.S.C. 178 et seq.), $1,083,000, to remain available until expended; 
for the 1994 research grants program for 1994 institutions pursuant to 
section 536 of Public Law 103-382 (7 U.S.C. 301 note), $1,610,000, to 
remain available until expended; for rangeland research grants (7 
U.S.C. 3333), $983,000; for higher education graduate fellowship grants 
(7 U.S.C. 3152(b)(6)), $3,859,000, to remain available until expended 
(7 U.S.C. 2209b); for a program pursuant to section 1415A of the 
National Agricultural Research, Extension, and Teaching Policy Act of 
1977 (7 U.S.C. 3151a), $5,000,000, to remain available until expended; 
for higher education challenge grants (7 U.S.C. 3152(b)(1)), 
$5,654,000; for a higher education multicultural scholars program (7 
U.S.C. 3152(b)(5)), $981,000, to remain available until expended (7 
U.S.C. 2209b); for an education grants program for Hispanic-serving 
Institutions (7 U.S.C. 3241), $6,046,000; for competitive grants for 
the purpose of carrying out all provisions of 7 U.S.C. 3242 (section 
759 of Public Law 106-78) to individual eligible institutions or 
consortia of eligible institutions in Alaska and in Hawaii, with funds 
awarded equally to each of the States of Alaska and Hawaii, $3,196,000; 
for a secondary agriculture education program and 2-year post-secondary 
education (7 U.S.C. 3152(j)), $983,000; for aquaculture grants (7 
U.S.C. 3322), $3,928,000; for sustainable agriculture research and 
education (7 U.S.C. 5811), $14,399,000; for a program of capacity 
building grants (7 U.S.C. 3152(b)(4)) to institutions eligible to 
receive funds under 7 U.S.C. 3221 and 3222, $13,592,000, to remain 
available until expended (7 U.S.C. 2209b); for payments to the 1994 
Institutions pursuant to section 534(a)(1) of Public Law 103-382, 
$3,319,000; for resident instruction grants for insular areas under 
section 1491 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3363), $745,000; and for 
necessary expenses of Research and Education Activities, $20,373,000, 
of which $2,704,000 for the Research, Education, and Economics 
Information System and $2,136,000 for the Electronic Grants Information 
System, are to remain available until expended.

              native american institutions endowment fund

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

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American 
Samoa, $464,272,000, as follows: payments for cooperative extension 
work under the Smith-Lever Act, to be distributed under sections 3(b) 
and 3(c) of said Act, and under section 208(c) of Public Law 93-471, 
for retirement and employees' compensation costs for extension agents, 
$288,393,000; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,298,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $65,557,000; payments for the pest 
management program under section 3(d) of the Act, $9,791,000; payments 
for the farm safety program under section 3(d) of the Act, $4,726,000; 
payments for New Technologies for Ag Extension under section 3(d) of 
the Act, $1,549,000; payments to upgrade research, extension, and 
teaching facilities at institutions eligible to receive funds under 7 
U.S.C. 3221 and 3222, $17,267,000, to remain available until expended; 
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $7,968,000; for youth farm safety education and 
certification extension grants, to be awarded competitively under 
section 3(d) of the Act, $463,000; payments for carrying out the 
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 
1671 et seq.), $4,008,000; payments for the federally-recognized Tribes 
Extension Program under section 3(d) of the Smith-Lever Act, 
$2,979,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,568,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by 
eligible institutions (7 U.S.C. 3221), $37,643,000, provided that each 
institution receives no less than $1,000,000; payments to carry out the 
food animal residue avoidance database program as authorized by section 
7321 of Public Law 110-246, $806,000; and for necessary expenses of 
Extension Activities, $13,518,000.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $55,850,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $41,990,000, including $12,649,000 for the water 
quality program, $14,596,000 for the food safety program, $4,096,000 
for the regional pest management centers program, $4,388,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,365,000 for the crops affected by Food Quality Protection 
Act implementation, $3,054,000 for the methyl bromide transition 
program, and $1,842,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $1,986,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
remain available until September 30, 2010, for the critical issues 
program; $1,312,000 for the regional rural development centers program; 
and $9,830,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Act of 1977, to remain available until 
September 30, 2010.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs to administer programs under the laws 
enacted by the Congress for the Animal and Plant Health Inspection 
Service; the Agricultural Marketing Service; and the Grain Inspection, 
Packers and Stockyards Administration; $737,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry 
out inspection, quarantine, and regulatory activities; and to protect 
the environment, as authorized by law, including up to $30,000 for 
representation allowances and for expenses pursuant to the Foreign 
Service Act of 1980 (22 U.S.C. 4085), $860,989,000, of which $3,025,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions; of which $29,590,000 
shall be used for the cotton pests program for cost share purposes or 
for debt retirement for active eradication zones; of which $9,787,000 
shall be available for a National Animal Identification program; of 
which $59,849,000 shall be used to prevent and control avian influenza: 
Provided, That no funds shall be used to formulate or administer a 
brucellosis eradication program for the current fiscal year that does 
not require minimum matching by the States of at least 40 percent: 
Provided further, That this appropriation shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
four, of which two shall be for replacement only: Provided further, 
That, in addition, in emergencies which threaten any segment of the 
agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department such sums as may be deemed necessary, 
to be available only in such emergencies for the arrest and eradication 
of contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency 
purposes in the preceding fiscal year shall be merged with such 
transferred amounts: Provided further, That appropriations hereunder 
shall be available pursuant to law (7 U.S.C. 2250) for the repair and 
alteration of leased buildings and improvements, but unless otherwise 
provided the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building.
    In fiscal year 2009, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be credited to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $2,000,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, 
and regulatory programs, as authorized by law, and for administration 
and coordination of payments to States, $71,655,000, to remain 
available until September 30, 2010, including funds for the wholesale 
market development program for the design and development of wholesale 
and farmer market facilities for the major metropolitan areas of the 
country: Provided, That this appropriation shall be available pursuant 
to law (7 U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).

                 limitation on administrative expenses

    Not to exceed $62,888,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

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

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including not 
less than $10,000,000 for replacement of a system to support commodity 
purchases, except for: (1) transfers to the Department of Commerce as 
authorized by the Fish and Wildlife Act of August 8, 1956; (2) 
transfers otherwise provided in this Act; and (3) not more than 
$17,270,000 for formulation and administration of marketing agreements 
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 
and the Agricultural Act of 1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,685,000, of which not less than $360,000 shall be used to make a 
grant under this heading.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain 
under the Agricultural Marketing Act of 1946, $39,182,000, to remain 
available until September 30, 2010: Provided, That this appropriation 
shall be available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.

        limitation on inspection and weighing services expenses

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

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety to administer the laws enacted by the Congress for the Food 
Safety and Inspection Service, $613,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $973,566,000, to remain 
available until September 30, 2010; and in addition, $1,000,000 may be 
credited to this account from fees collected for the cost of laboratory 
accreditation as authorized by section 1327 of the Food, Agriculture, 
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no 
fewer than 120 full-time equivalent positions shall be employed during 
fiscal year 2009 for purposes dedicated solely to inspections and 
enforcement related to the Humane Methods of Slaughter Act: Provided 
further, That of the amount available under this heading, $3,000,000 
shall be obligated to maintain the Humane Animal Tracking System as 
part of the Public Health Data Communication Infrastructure System: 
Provided further, That this appropriation shall be available pursuant 
to law (7 U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services to administer the laws enacted 
by Congress for the Farm Service Agency, the Foreign Agricultural 
Service, the Risk Management Agency, and the Commodity Credit 
Corporation, $646,000.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$1,164,123,000, to remain available until September 30, 2010: Provided, 
That the Secretary is authorized to use the services, facilities, and 
authorities (but not the funds) of the Commodity Credit Corporation to 
make program payments for all programs administered by the Agency: 
Provided further, That other funds made available to the Agency for 
authorized activities may be advanced to and merged with this account.

                         state mediation grants

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

               grassroots source water protection program

     For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $3,687,000, to remain available until 
expended.

                        dairy indemnity program

                     (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $400,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for 
unsubsidized guaranteed loans and $222,298,000 shall be for direct 
loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall 
be for unsubsidized guaranteed loans, $269,986,000 shall be for 
subsidized guaranteed loans and $575,095,000 shall be for direct loans; 
Indian tribe land acquisition loans, $3,940,000; and for boll weevil 
eradication program loans, $100,000,000: Provided, That the Secretary 
shall deem the pink bollworm to be a boll weevil for the purpose of 
boll weevil eradication program loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $16,803,000, of which 
$4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000 
shall be for direct loans; operating loans, $130,371,000, of which 
$25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000 
shall be for subsidized guaranteed loans, and $67,804,000 shall be for 
direct loans; and Indian tribe land acquisition loans, $248,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $331,559,000, to remain available 
until September 30, 2010, of which $323,694,000 shall be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: Provided, 
That the Committees on Appropriations of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $77,177,000, to remain available until September 30, 
2010: Provided, That not more than $11,166,000 of the funds made 
available under section 522(e) of the Federal Crop Insurance Act (7 
U.S.C. 1522(e)) may be used for program compliance and integrity 
purposes, including the data mining project, and for the Common 
Information Management System: Provided further, That not to exceed 
$1,000 shall be available for official reception and representation 
expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business and not more than $6,500,000 may be used to 
reimburse administrative costs associated with carrying out the Food 
for Peace program.

                       hazardous waste management

                        (limitation on expenses)

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

              farm storage facility loans program account

    For administrative expenses necessary to carry out the Farm Storage 
and Sugar Storage Facility Loan Programs, $4,724,000, to remain 
available until September 30, 2010, which shall be transferred to and 
merged with the appropriation for ``Farm Service Agency, Salaries and 
Expenses''.

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment to administer the laws enacted by the 
Congress for the Forest Service and the Natural Resources Conservation 
Service, $758,000.

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$866,899,000, to remain available until June 30, 2010: Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements 
at plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That when buildings or other 
structures are erected on non-Federal land, that the right to use such 
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That 
this appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 202(c) of 
title II of the Colorado River Basin Salinity Control Act of 1974 (43 
U.S.C. 1592(c)): Provided further, That qualified local engineers may 
be temporarily employed at per diem rates to perform the technical 
planning work of the Service.

               watershed and flood prevention operations

     For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing 
works and changes in use of land, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $29,790,000, to remain available until 
expended: Provided, That not to exceed $15,500,000 of this 
appropriation shall be available for technical assistance.

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$20,000,000, to remain available until expended.

                 resource conservation and development

     For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant 
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture 
and Food Act of 1981 (16 U.S.C. 3451-3461), $50,730,000, to remain 
available until expended: Provided, That not to exceed $3,073,000 shall 
be available for national headquarters activities.

                    healthy forests reserve program

    For necessary expenses to carry out the Healthy Forests Reserve 
Program authorized under title V of Public Law 108-148 (16 U.S.C. 6571-
6578), $1,986,000, to remain available until expended.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the rural housing service, the rural 
business-cooperative service, and the rural utilities service, 
$646,000.

                Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$210,748,000, to remain available until September 30, 2010: Provided, 
That notwithstanding any other provision of law, funds appropriated 
under this section may be used for advertising and promotional 
activities that support the Rural Development mission area: Provided 
further, That not more than $10,000 may be expended to provide modest 
nonmonetary awards to non-USDA employees: Provided further, That any 
balances available from prior years for the Rural Utilities Service, 
Rural Housing Service, and the Rural Business-Cooperative Service 
salaries and expenses accounts shall be transferred to and merged with 
this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $5,312,009,000 for loans for section 502 borrowers, of which 
$1,121,488,000 shall be for direct loans, and of which $4,190,521,000 
shall be for unsubsidized guaranteed loans; $34,409,000 for section 504 
housing repair loans; $69,510,000 for section 515 rental housing; 
$129,090,000 for section 538 guaranteed multi-family housing loans; 
$5,045,000 for section 524 site loans; $11,476,000 for credit sales of 
acquired property, of which up to $1,476,000 may be for multi-family 
credit sales; and $4,965,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $128,406,000, of which 
$75,364,000 shall be for direct loans, and of which $53,042,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $9,246,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$28,610,000; section 538 multi-family housing guaranteed loans, 
$20,241,000; credit sales of acquired property, $533,000; and section 
523 self-help housing and development loans, $82,000: Provided, That of 
the total amount appropriated in this paragraph, $2,500,000 shall be 
available through June 30, 2009, for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones: Provided further, 
That any funds under this paragraph initially allocated by the 
Secretary for housing projects in the State of Alaska that are not 
obligated by September 30, 2009, shall be carried over until September 
30, 2010, and made available for such housing projects only in the 
State of Alaska: Provided further, That any unobligated balances for a 
demonstration program for the preservation and revitalization of the 
section 515 multi-family rental housing properties as authorized by 
Public Law 109-97 and Public Law 110-5 shall be transferred to and 
merged with the ``Rural Housing Service, Multi-family Housing 
Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $449,757,000, to remain available 
until September 30, 2010, which shall be transferred to and merged with 
the appropriation for ``Rural Development, Salaries and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$1,005,000,000; and, in addition, such sums as may be necessary, as 
authorized by section 521(c) of the Act, to liquidate debt incurred 
prior to fiscal year 1992 to carry out the rental assistance program 
under section 521(a)(2) of the Act: Provided, That of this amount, up 
to $5,958,000 shall be available for debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the Act, 
and not to exceed $50,000 per project for advances to nonprofit 
organizations or public agencies to cover direct costs (other than 
purchase price) incurred in purchasing projects pursuant to section 
502(c)(5)(C) of the Act: Provided further, That rental assistance 
agreements entered into or renewed during the current fiscal year shall 
be funded for a 1-year period: Provided further, That any unexpended 
balances remaining at the end of such 1-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
of the Act: Provided further, That rental assistance provided under 
agreements entered into prior to fiscal year 2009 for a farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act may not be recaptured for use in another project until such 
assistance has remained unused for a period of 12 consecutive months, 
if such project has a waiting list of tenants seeking such assistance 
or the project has rental assistance eligible tenants who are not 
receiving such assistance: Provided further, That such recaptured 
rental assistance shall, to the extent practicable, be applied to 
another farm labor multi-family housing project financed under section 
514 or 516 of the Act.

          multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing program to provide 
revolving loans for the preservation of low-income multi-family housing 
projects, and for additional costs to conduct a program for the 
preservation and revitalization of multi-family rental housing 
properties described in this paragraph, $27,714,000, to remain 
available until expended: Provided, That of the funds made available 
under this heading, $4,965,000 shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005: Provided further, 
That the amount of such voucher shall be the difference between 
comparable market rent for the section 515 unit and the tenant paid 
rent for such unit: Provided further, That funds made available for 
such vouchers shall be subject to the availability of annual 
appropriations: Provided further, That the Secretary shall, to the 
maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development (including the ability to pay administrative costs 
related to delivery of the voucher funds): Provided further, That if 
the Secretary determines that the amount made available for vouchers in 
this or any other Act is not needed for vouchers, the Secretary may use 
such funds for the programs for the preservation and revitalization of 
multi-family rental housing properties described in this paragraph: 
Provided further, That of the funds made available under this heading, 
$2,889,000 shall be available for the cost of loans to private 
nonprofit organizations, or such nonprofit organizations' affiliate 
loan funds and State and local housing finance agencies, to carry out a 
housing program to provide revolving loans for the preservation of low-
income multi-family housing projects: Provided further, That loans 
under such program shall have an interest rate of not more than 1 
percent direct loan to the recipient: Provided further, That the 
Secretary may defer the interest and principal payment to the Rural 
Housing Service for up to 3 years and the term of such loans shall not 
exceed 30 years: Provided further, That of the funds made available 
under this heading, $19,860,000 shall be available for a program for 
the preservation and revitalization of the section 514, 515, and 516 
multi-family rental housing properties to restructure existing USDA 
multi-family housing loans, as the Secretary deems appropriate, 
expressly for the purposes of ensuring the project has sufficient 
resources to preserve the project for the purpose of providing safe and 
affordable housing for low-income residents and farm laborers including 
reducing or eliminating interest; deferring loan payments, 
subordinating, reducing or reamortizing loan debt; and other financial 
assistance including advances, payments and incentives (including the 
ability of owners to obtain reasonable returns on investment) required 
by the Secretary: Provided further, That the Secretary shall as part of 
the preservation and revitalization agreement obtain a restrictive use 
agreement consistent with the terms of the restructuring: Provided 
further, That if the Secretary determines that additional funds for 
vouchers described in this paragraph are needed, funds for the 
preservation and revitalization program may be used for such vouchers: 
Provided further, That the Secretary may charge a processing fee to 
program applicants to be used by the Secretary to obtain assistance 
from third parties regarding the implementation of the program.

                  mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2009, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.

                    rural housing assistance grants

                     (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the rural housing 
service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$38,727,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2009, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones: Provided further, That any balances to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of low-income multi-family housing projects as 
authorized in Public Law 108-447 and Public Law 109-97 shall be 
transferred to and merged with the ``Rural Housing Service, Multi-
family Housing Revitalization Program Account''.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $15,000,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

               rural community facilities program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $67,732,000, to remain available until expended: 
Provided, That $6,256,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development Initiative: 
Provided further, That such funds shall be used solely to develop the 
capacity and ability of private, nonprofit community-based housing and 
community development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas: Provided further, That such funds 
shall be made available to qualified private, nonprofit and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That $13,902,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That $3,972,000 of the amount appropriated 
under this heading shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of such Act: 
Provided further, That not to exceed $1,000,000 of the amount 
appropriated under this heading shall be available through June 30, 
2009, for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural community programs 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act: Provided further, That section 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account for programs authorized by section 306 and described in 
section 381E(d)(1) of such Act be transferred and merged with this 
account and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants for the rural business 
development programs authorized by section 306 and section 310B and 
described in section 310B(f) and 381E(d)(3) of the Consolidated Farm 
and Rural Development Act, $87,385,000, to remain available until 
expended: Provided, That of the amount appropriated under this heading, 
not to exceed $495,000 shall be made available for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$2,979,000 shall be for grants to the Delta Regional Authority (7 
U.S.C. 1921 et seq.) for any Rural Community Advancement Program 
purpose as described in section 381E(d) of the Consolidated Farm and 
Rural Development Act, of which not more than 5 percent may be used for 
administrative expenses: Provided further, That $3,996,000 of the 
amount appropriated under this heading shall be for business grants to 
benefit Federally Recognized Native American Tribes, including $248,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development: Provided further, That not to exceed $8,300,000 of the 
amount appropriated under this heading shall be available through June 
30, 2009, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and cooperative 
development programs described in section 381E(d)(3) of the 
Consolidated Farm and Rural Development Act: Provided further, That 
section 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to funds made available under this heading: 
Provided further, That any prior balances in the Rural Development, 
Rural Community Advancement Program account for programs authorized by 
sections 306 and 310B and described in section 310B(f) and 381E(d)(3) 
of such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
    For the cost of direct loans, $14,035,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2009, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2009, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That of the total amount appropriated, $880,000 shall be 
available through June 30, 2009, for the cost of direct loans for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,741,000, to remain available until September 30, 
2010, shall be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $20,000,000 shall not be obligated and $20,000,000 are 
rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $25,114,000, of which $300,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,774,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $1,463,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
minority producers and whose governing board and/or membership is 
comprised of at least 75 percent minority; and of which $16,153,000, to 
remain available until expended, shall be for value-added agricultural 
product market development grants, as authorized by section 6202 of the 
Food, Conservation, and Energy Act of 2008 (Public Law 110-246).

       rural empowerment zones and enterprise communities grants

     For grants in connection with empowerment zones and enterprise 
communities, $8,130,000, to remain available until expended, for 
designated rural empowerment zones and rural enterprise communities, as 
authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277): Provided, That the funds provided under this 
paragraph shall be made available to empowerment zones and enterprise 
communities in a manner and with the same priorities such funds were 
made available during the 2007 fiscal year.

                        renewable energy program

     For the cost of a program of direct loans, loan guarantees, and 
grants, under the same terms and conditions as authorized by section 
9007 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), $50,000,000: Provided, That the cost of direct loans and loan 
guarantees, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, and 310B and 
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $558,628,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $65,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act and for Federally-
recognized Native American Tribes authorized by 306C(a)(1): Provided 
further, That the Secretary shall allocate the funds described in the 
previous proviso in a manner consistent with the historical allocation 
for such populations under these authorities: Provided further, That 
not to exceed $18,500,000 of the amount appropriated under this heading 
shall be for technical assistance grants for rural water and waste 
systems pursuant to section 306(a)(14) of such Act, unless the 
Secretary makes a determination of extreme need, of which $5,600,000 
shall be made available for a grant to a qualified nonprofit multi-
state regional technical assistance organization, with experience in 
working with small communities on water and waste water problems, the 
principal purpose of such grant shall be to assist rural communities 
with populations of 3,300 or less, in improving the planning, 
financing, development, operation, and management of water and waste 
water systems, and of which not less than $800,000 shall be for a 
qualified national Native American organization to provide technical 
assistance for rural water systems for tribal communities: Provided 
further, That not to exceed $13,750,000 of the amount appropriated 
under this heading shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That not to 
exceed $12,700,000 of the amount appropriated under this heading shall 
be available through June 30, 2009, for authorized empowerment zones 
and enterprise communities and communities designated by the Secretary 
of Agriculture as Rural Economic Area Partnership Zones for the rural 
utilities programs described in section 381E(d)(2) of such Act: 
Provided further, That $19,860,000 of the amount appropriated under 
this heading shall be transferred to, and merged with, the rural 
utilities service, High Energy Cost Grants Account to provide grants 
authorized under section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a): Provided further, That any prior year balances for high 
cost energy grants authorized by section 19 of the Rural 
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to 
and merged with the rural utilities service, High Energy Costs Grants 
Account: Provided further, That section 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of 
such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) 
shall be made as follows: 5 percent rural electrification loans, 
$99,300,000; loans made pursuant to section 306 of that Act, rural 
electric, $6,500,000,000; guaranteed underwriting loans pursuant to 
section 313A, $500,000,000; 5 percent rural telecommunications loans, 
$143,985,000; cost of money rural telecommunications loans, 
$248,250,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $292,935,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural telecommunications loans, $521,000: Provided, That 
notwithstanding section 305(d)(2) of the Rural Electrification Act of 
1936, borrower interest rates may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $38,353,000, to remain available 
until September 30, 2010, which shall be transferred to and merged with 
the appropriation for ``Rural Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$297,900,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain 
available until expended: Provided, That the Secretary may use funds 
under this heading for grants authorized by 379(g) of the Consolidated 
Farm and Rural Development Act: Provided further, That $4,965,000 shall 
be made available to convert analog to digital operation those 
noncommercial educational television broadcast stations that serve 
rural areas and are qualified for Community Service Grants by the 
Corporation for Public Broadcasting under section 396(k) of the 
Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, 
studio-to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high-definition 
broadcast, multi-casting and datacasting technologies.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $11,618,000, to remain available until expended: Provided, That 
the cost of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    In addition, $13,406,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services to administer the laws enacted by 
the Congress for the Food and Nutrition Service, $610,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    Notwithstanding section 14222(b)(1) of the Food, Conservation, and 
Energy Act of 2008, for necessary expenses to carry out the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except 
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.), except sections 17 and 21; $14,455,683,000, to remain available 
through September 30, 2010, of which $7,733,849,000 is hereby 
appropriated and $6,721,834,000 shall be derived by transfer from funds 
available under section 32 of the Act of August 24, 1935 (7 U.S.C. 
612c).

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $6,750,000,000, to remain available 
through September 30, 2010, of which such sums as are necessary to 
restore the contingency reserve to $50,000,000 shall be placed in 
reserve, to remain available until expended, to be allocated as the 
Secretary deems necessary, notwithstanding section 17(i) of such Act, 
to support participation should cost or participation exceed budget 
estimates: Provided, That of the total amount available, the Secretary 
shall obligate not less than $14,850,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That, notwithstanding section 
17(h)(10)(A) of such Act, only the provisions of section 
17(h)(10)(B)(i) shall be effective in 2009; including $14,000,000 for 
the purposes specified in section 17(h)(10)(B)(i): Provided further, 
That hereafter none of the funds in this Act shall be available to pay 
administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, 
That none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $43,437,304,000, of which $3,000,000,000, 
to remain available through September 30, 2010, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.): Provided 
further, That this appropriation shall be subject to any work 
registration or workfare requirements as may be required by law: 
Provided further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as authorized 
by section 16(h)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.): Provided further, That funds made available under this 
heading may be used to enter into contracts and employ staff to conduct 
studies, evaluations, or to conduct activities related to food stamp 
program integrity provided that such activities are authorized by the 
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $225,370,000, to 
remain available through September 30, 2010: Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2009 to support the Seniors Farmers' 
Market Nutrition Program (SFMNP), as authorized by section 4406 of 
Public Law 110-246, such funds shall remain available through September 
30, 2010: Provided further, That of the funds made available under 
section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.), the Secretary may use up to 10 percent for costs associated with 
the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$142,595,000, to remain available until September 30, 2010.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1768), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $169,042,000: Provided, That of this amount, $1,000,000 is to 
carry out an international agricultural science and technology 
fellowship program authorized under section 7139 of Public Law 110-246: 
Provided further, That the Service may utilize advances of funds, or 
reimburse this appropriation for expenditures made on behalf of Federal 
agencies, public and private organizations and institutions under 
agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development: Provided 
further, That funds made available for the cost of agreements under 
title I of the Agricultural Trade Development and Assistance Act of 
1954 and for title I ocean freight differential may be used 
interchangeably between the two accounts with prior notice to the 
Committees on Appropriations of both Houses of Congress.

  public law 480 title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Public Law 83-480 and the Food for Progress Act of 1985, 
$2,761,000, to be transferred to and merged with the appropriation for 
``Farm Service Agency, Salaries and Expenses''.

                     public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, for commodities supplied in connection with dispositions abroad 
under title II of said Act, $1,225,900,000, to remain available until 
expended.

       commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$5,353,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $4,985,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $368,000 
may be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

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

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $2,603,879,000: Provided, That of the amount 
provided under this heading, $497,108,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2010 but collected in fiscal year 2009; 
$52,547,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; and $15,260,000 shall be derived from animal 
drug user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended: Provided further, 
That fees derived from prescription drug, medical device, and animal 
drug assessments for fiscal year 2009 received during fiscal year 2009, 
including any such fees assessed prior to fiscal year 2009 but credited 
for fiscal year 2009, shall be subject to the fiscal year 2009 
limitations: Provided further, That none of these funds shall be used 
to develop, establish, or operate any program of user fees authorized 
by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $660,534,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $763,309,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $41,358,000 shall be 
available for the Office of Generic Drugs; (3) $267,641,000 shall be 
for the Center for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs; (4) $127,967,000 
shall be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $308,381,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $52,127,000 
shall be for the National Center for Toxicological Research; (7) not to 
exceed $111,686,000 shall be for Rent and Related activities, of which 
$41,281,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$151,381,000 shall be for payments to the General Services 
Administration for rent; and (9) $160,853,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until 
expended.

                        buildings and facilities

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

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $50,000,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 327 passenger motor vehicles, of which 315 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702. New obligational authority provided for the following 
appropriation items in this Act shall remain available until expended: 
Animal and Plant Health Inspection Service, the contingency fund to 
meet emergency conditions, information technology infrastructure, fruit 
fly program, emerging plant pests, cotton pests program, avian 
influenza programs, grasshopper, and mormon cricket program, up to 
$9,787,000 in animal health monitoring and surveillance for the animal 
identification system, up to $1,500,000 in the scrapie program for 
indemnities, up to $3,739,000 for the National Veterinary Stockpile, up 
to $1,000,000 for wildlife services methods development, up to 
$1,000,000 of the wildlife services operations program for aviation 
safety, and up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, Public Health Data Communication Infrastructure 
System; Cooperative State Research, Education, and Extension Service, 
funds for competitive research grants (7 U.S.C. 450i(b)), and funds for 
the Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; 
Foreign Agricultural Service, middle-income country training program, 
and up to $2,000,000 of the Foreign Agricultural Service appropriation 
solely for the purpose of offsetting fluctuations in international 
currency exchange rates, subject to documentation by the Foreign 
Agricultural Service.
    Sec. 703. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the financial management 
modernization initiative and the delivery of financial, administrative, 
and information technology services of primary benefit to the agencies 
of the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none of the funds transferred to 
the Working Capital Fund pursuant to this section shall be available 
for obligation without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to make any changes to the Department's National Finance 
Center without prior approval of the Committees on Appropriations of 
both Houses of Congress as required by section 712 of this Act.
    Sec. 704. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 707. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 708. Hereafter, none of the funds appropriated by this Act may 
be used to carry out section 410 of the Federal Meat Inspection Act (21 
U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21 
U.S.C. 471).
    Sec. 709. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 710. None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 711. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without the prior approval of the Committees 
on Appropriations of both Houses of Congress: Provided further, That 
none of the funds available to the Department of Agriculture for 
information technology shall be obligated for projects over $25,000 
prior to receipt of written approval by the Chief Information Officer.
    Sec. 712. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Committees 
        on Appropriations of both Houses of Congress are notified 15 
        days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture or the Secretary of Health and 
Human Services shall notify the Committees on Appropriations of both 
Houses of Congress before implementing a program or activity not 
carried out during the previous fiscal year unless the program or 
activity is funded by this Act or specifically funded by any other Act.
    Sec. 713. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2010 appropriations Act.
    Sec. 714. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 715. None of the funds made available in fiscal year 2009 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in 
excess of $20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under section 
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 
1736f-1): Provided, That any such funds made available to reimburse the 
Commodity Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 716. None of the funds made available by this Act may be used 
to issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 717. There is hereby appropriated $434,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to 
contaminate rural drinking water supplies.
    Sec. 718. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year.
    Sec. 719. Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or 
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 720. Notwithstanding any other provision of law, the Secretary 
of Agriculture is authorized to make funding and other assistance 
available through the emergency watershed protection program under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to 
repair and prevent damage to non-Federal land in watersheds that have 
been impaired by fires initiated by the Federal Government and shall 
waive cost sharing requirements for the funding and assistance.
    Sec. 721. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out:
    (a) a farmland protection program as authorized by section 2401 of 
Public Law 110-246 in excess of $106,000,000;
    (b) a grassland reserve program as authorized by section 2403 of 
Public Law 110-246 in excess of $48,000,000;
    (c) an environmental quality incentives program as authorized by 
section 2501 of Public Law 110-246 in excess of $1,052,000,000;
    (d) a wildlife habitat incentive program as authorized by section 
2602 of Public Law 110-246 in excess of $74,000,000;
    (e) a voluntary public access program as authorized by section 2606 
of Public Law 110-246 in excess of $45,000,000;
    (f) an agricultural management assistance program as authorized by 
section 2801 of Public Law 110-246 in excess of $10,000,000;
    (g) none of the unobligated balances in excess of $30,000,000 may 
be used to carry out a dam rehabilitation program as authorized by 
section 14(h)(1)(E) of the Watershed Protection and Flood Preservation 
Act (16 U.S.C. 1012(h)(1)(E)). In addition, no funds shall be used to 
carry out a dam rehabilitation program as authorized by section 
14(h)(1)(G) of the Watershed Protection and Flood Preservation Act (16 
U.S.C. 1012(h)(1)(G));
    (h) a value-added products grant program as authorized by section 
6202 of Public Law 110-246;
    (i) an organics research program as authorized by section 7206 of 
Public Law 110-246 in excess of $16,000,000;
    (j) a specialty crop research program as authorized by section 7311 
of Public Law 110-246 in excess of $36,000,000;
    (k) a beginning farmers and ranchers research program as authorized 
by section 7410 of Public Law 110-246 in excess of $16,000,000;
    (l) a healthy forest reserve programs as authorized by section 8205 
of Public Law 110-246 in excess of $8,000,000;
    (m) a biorefinery assistance program as authorized by section 9003 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et 
seq.) in excess of $72,000,000;
    (n) a repowering assistance program as authorized by section 9004 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et 
seq.) in excess of $8,000,000;
    (o) a rural energy for America program as authorized by section 
9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8101 et seq.);
    (p) a specialty crops block grant program as authorized by section 
10109 of Public Law 110-246 in excess of $44,000,000; and
    (q) a program under subsection (b)(2)(A)(i) of section 14222 of 
Public Law 110-246 in excess of $1,014,000,000: Provided, That none of 
the funds made available in this Act or any other Act shall be used for 
salaries and expenses to carry out section 19(i)(1)(B) of the Richard 
B. Russell National School Lunch Act as amended by section 4304 of 
Public Law 110-246 in excess of $16,000,000 until October 1, 2009.
    Sec. 722. There is hereby appropriated $3,724,000, to remain 
available until expended, for a grant to the National Center for 
Natural Products Research for construction or renovation to carry out 
the research objectives of the natural products research grant issued 
by the Food and Drug Administration.
    Sec. 723. There is hereby appropriated $500,000, to remain 
available until expended, for the planning and design of construction 
of an agriculture pest facility in the State of Hawaii.
    Sec. 724. There is hereby appropriated $794,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private non-industrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 725. Notwithstanding any other provision of law, and until 
receipt of the decennial Census for the year 2010, the Secretary of 
Agriculture shall consider: the City of Healdsburg, California; the 
City of Havelock, North Carolina; and the City of Newton, North 
Carolina, to be rural areas for the purposes of eligibility for loans 
and grants funded through the Rural Water and Waste Disposal account; 
and the County of Nueces, Texas, shall be considered a rural area for 
the purposes of financing a beef processing facility under the Business 
and Industry Loan Guarantee Program, in a local area that has rural 
characteristics as determined by the Secretary.
    Sec. 726. There is hereby appropriated $2,500,000 for section 4401 
of Public Law 110-246.
    Sec. 727. Notwithstanding any other provision of law, there is 
hereby appropriated $2,000,000, of which $1,500,000 shall be for a 
grant to the Wisconsin Department of Agriculture, Trade, and Consumer 
Protection (DATCP), and $500,000 shall be for a grant to the Vermont 
Agency of Agriculture, Foods, and Markets, as authorized by section 
6402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
1621 note).
    Sec. 728. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
            (1) through the Watershed and Flood Prevention Operations 
        program for the Pocasset River Floodplain Management Project in 
        the State of Rhode Island;
            (2) through the Watershed and Flood Prevention Operations 
        program to carry out the East Locust Creek Watershed Plan 
        Revision in Missouri, including up to 100 percent of the 
        engineering assistance and 75 percent cost share for 
        construction cost of site RW1;
            (3) through the Watershed and Flood Prevention Operations 
        program to carry out the Little Otter Creek Watershed project 
        in Missouri. The sponsoring local organization may obtain land 
        rights by perpetual easements;
            (4) through the Watershed and Flood Prevention Operations 
        program to carry out the Churchill Woods Dam Removal project in 
        DuPage County, Illinois; and
            (5) through the Watershed and Flood Prevention Operations 
        program to carry out the Dunloup Creek Watershed Project in 
        Fayette and Raleigh Counties, West Virginia.
    Sec. 729. Section 17(r)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
            (1) by striking ``eight'' and inserting ``nine'';
            (2) by striking ``six'' and inserting ``seven''; and
            (3) by inserting ``Vermont,'' after the first instance of 
        ``States shall be''.
    Sec. 730. Subsection 382K(c) of the Delta Regional Authority Act of 
2000 (7 U.S.C. 2009aa-10(c)) is repealed.
    Sec. 731. Notwithstanding any other provision of law, the Chief of 
the Natural Resources Conservation Service shall provide funds, from 
within prior year discretionary balances that are available for 
obligation, for the settlement of claims associated with the Houlka 
Watershed Project to close out this project.
    Sec. 732. Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 733. Amounts made available by this Act shall be provided in 
accordance with the terms and conditions as specified in the report 
accompanying this Act.
    Sec. 734. Section 343 of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1991) is amended--
            (1) in subsection (a), by inserting ``and, in the case of 
        subtitle B, commercial fishing'' before the period at the end 
        of each of paragraphs (1) and (2); and
            (2) by adding at the end the following:
    ``(c) Definition of Farm.--In subtitle B, the term `farm' includes 
a commercial fishing enterprise owned or operated by a geographically 
disadvantaged farmer or rancher (as defined in section 10906(a) of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2204 note; 
Public Law 107-171), except that for purposes of this subsection the 
term `farmer or rancher' as used in that section shall include a 
commercial fisherman).''.
    Sec. 735. Exemption From AQI User Fees. (a) In General.--
Notwithstanding any other provision of law (including regulations), the 
owner or operator of any commercial truck described in subsection (b) 
shall be exempt from the payment of any agricultural quarantine and 
inspection user fee.
    (b) Commercial Trucks.--A commercial truck referred to in 
subsection (a) is a commercial truck that--
            (1) originates in the State of Alaska and reenters the 
        customs territory of the United States directly from Canada; or
            (2) originates in the customs territory of the United 
        States (other than the State of Alaska) and transits through 
        the customs territory of Canada directly before entering the 
        State of Alaska.
    (c) Sealed Cargo Areas.--A cargo area of any commercial truck 
carrying an agricultural product shall remain sealed during transit 
through Canada.
    Sec. 736. None of the funds made available by this Act may be used 
to pay the salaries and expenses of any individual to conduct any 
activities that would allow the importation into the United States of 
any ruminant or swine, or any fresh (including chilled or frozen) meat 
or product of any ruminant or swine, that is born, raised, or 
slaughtered in Argentina until the Secretary of Agriculture certifies 
to Congress that every region of Argentina is free of foot and mouth 
disease without vaccination.
    Sec. 737. Section 910(a) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as 
follows:
    ``(a) Authorization of Travel Relating to Commercial Sales of 
Agricultural and Medical Goods.--The Secretary of the Treasury shall 
promulgate regulations under which the travel-related transactions 
listed in paragraph (c) of section 515.560 of title 31, Code of Federal 
Regulations, are authorized by general license for travel to, from, or 
within Cuba for the marketing and sale of agricultural and medical 
goods pursuant to the provisions of this title.''.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2009''.
                                                       Calendar No. 890

110th CONGRESS

  2d Session

                                S. 3289

                          [Report No. 110-426]

_______________________________________________________________________

                                 A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                July 21 (legislative day, July 17), 2008

                 Read twice and placed on the calendar
```