II 

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 

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. 

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

3 That the following sums are appropriated, out of any 

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

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1 ending September 30, 2009, and for other purposes, 

2 namely: 

3 TITLE I 

4 AGRICULTURAL PROGRAMS 

5 PRODUCTION, PROCESSING AND MARKETING

6 OFFICE OF THE SECRETARY

7 For necessary expenses of the Office of the Secretary 

8 of Agriculture, $5,174,000: Provided, That not to exceed 

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

11 for, as determined by the Secretary. 

12 EXECUTIVE OPERATIONS

13 OFFICE OF THE CHIEF ECONOMIST

14 For necessary expenses of the Office of the Chief 

15 Economist, including economic analysis, risk assessment, 

16 cost-benefit analysis, energy and new uses, and the func17 tions of the World Agricultural Outlook Board, as author18 ized by the Agricultural Marketing Act of 1946 (7 U.S.C. 

19 1622g), $10,651,000. 

20 NATIONAL APPEALS DIVISION

21 For necessary expenses of the National Appeals Divi22 sion, $14,711,000. 

23 OFFICE OF BUDGET AND PROGRAM ANALYSIS

24 For necessary expenses of the Office of Budget and 

25 Program Analysis, $8,449,000. 
3 

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1 OFFICE OF HOMELAND SECURITY

2 For necessary expenses of the Office of Homeland Se3 curity, $974,000. 

4 OFFICE OF THE CHIEF INFORMATION OFFICER

5 For necessary expenses of the Office of the Chief In6 formation Officer, $16,527,000. 

7 OFFICE OF THE CHIEF FINANCIAL OFFICER

8 For necessary expenses of the Office of the Chief Fi9 nancial Officer, $5,954,000: Provided, That no funds 

10 made available by this appropriation may be obligated for 

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

12 has submitted to the Committees on Appropriations of 

13 both Houses of Congress and the Committee on Oversight 

14 and Government Reform of the House of Representatives 

15 a report on the Department’s contracting out policies, in16 cluding agency budgets for contracting out. 

17 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

18 RIGHTS

19 For necessary expenses of the Office of the Assistant 

20 Secretary for Civil Rights, $871,000. 

21 OFFICE OF CIVIL RIGHTS

22 For necessary expenses of the Office of Civil Rights, 

23 $20,798,000. 
4 

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1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 ADMINISTRATION

3 For necessary expenses of the Office of the Assistant 

4 Secretary for Administration, $687,000. 

5 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

6 PAYMENTS

7 (INCLUDING TRANSFERS OF FUNDS)

8 For payment of space rental and related costs pursu9 ant to Public Law 92–313, including authorities pursuant 

10 to the 1984 delegation of authority from the Adminis11 trator of General Services to the Department of Agri12 culture under 40 U.S.C. 486, for programs and activities 

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

14 alterations and other actions needed for the Department 

15 and its agencies to consolidate unneeded space into con16 figurations suitable for release to the Administrator of 

17 General Services, and for the operation, maintenance, im18 provement, and repair of Agriculture buildings and facili19 ties, and for related costs, $226,432,000, to remain avail20 able until expended, of which $168,901,000 shall be avail21 able for payments to the General Services Administration 

22 for rent and $13,500,000 for payment to the Department 

23 of Homeland Security for building security: Provided, 

24 That amounts which are made available for space rental 

25 and related costs for the Department of Agriculture in this 
5 

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1 Act may be transferred between such appropriations to 

2 cover the costs of additional, new, or replacement space 

3 15 days after notice thereof is transmitted to the Appro4 priations Committees of both Houses of Congress. 

5 HAZARDOUS MATERIALS MANAGEMENT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Department of Agri8 culture, to comply with the Comprehensive Environmental 

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

10 9601 et seq.) and the Resource Conservation and Recovery 

11 Act (42 U.S.C. 6901 et seq.), $4,933,000, to remain avail12 able until expended: Provided, That appropriations and 

13 funds available herein to the Department for Hazardous 

14 Materials Management may be transferred to any agency 

15 of the Department for its use in meeting all requirements 

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

17 lands. 

18 DEPARTMENTAL ADMINISTRATION

19 (INCLUDING TRANSFERS OF FUNDS)

20 For Departmental Administration, $27,011,000, to 

21 provide for necessary expenses for management support 

22 services to offices of the Department and for general ad23 ministration, security, repairs and alterations, and other 

24 miscellaneous supplies and expenses not otherwise pro25 vided for and necessary for the practical and efficient work 
6 

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1 of the Department: Provided, That this appropriation shall 

2 be reimbursed from applicable appropriations in this Act 

3 for travel expenses incident to the holding of hearings as 

4 required by 5 U.S.C. 551–558. 

5 OFFICE OF THE ASSISTANT SECRETARY FOR

6 CONGRESSIONAL RELATIONS

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Office of the Assistant 

9 Secretary for Congressional Relations to carry out the pro10 grams funded by this Act, including programs involving 

11 intergovernmental affairs and liaison within the executive 

12 branch, $3,877,000: Provided, That these funds may be 

13 transferred to agencies of the Department of Agriculture 

14 funded by this Act to maintain personnel at the agency 

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

16 this appropriation may be obligated after 30 days from 

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

18 has notified the Committees on Appropriations of both 

19 Houses of Congress on the allocation of these funds by 

20 USDA agency: Provided further, That no other funds ap21 propriated to the Department by this Act shall be available 

22 to the Department for support of activities of congres23 sional relations. 
7 

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1 OFFICE OF COMMUNICATIONS

2 For necessary expenses of the Office of Communica3 tions to carry out services relating to the coordination of 

4 programs involving public affairs, for the dissemination of 

5 agricultural information, and the coordination of informa6 tion, work, and programs authorized by Congress in the 

7 Department, $9,514,000. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For necessary expenses of the Office of the Inspector 

10 General, including employment pursuant to the Inspector 

11 General Act of 1978, $81,517,000, including such sums 

12 as may be necessary for contracting and other arrange13 ments with public agencies and private persons pursuant 

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

15 and including not to exceed $125,000 for certain confiden16 tial operational expenses, including the payment of inform17 ants, to be expended under the direction of the Inspector 

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

19 of Public Law 97–98. 

20 OFFICE OF THE GENERAL COUNSEL

21 For necessary expenses of the Office of the General 

22 Counsel, $40,083,000. 
8 

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1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

2 EDUCATION AND ECONOMICS

3 For necessary expenses of the Office of the Under 

4 Secretary for Research, Education and Economics to ad5 minister the laws enacted by the Congress for the Eco6 nomic Research Service, the National Agricultural Statis7 tics Service, the Agricultural Research Service, and the 

8 Cooperative State Research, Education, and Extension 

9 Service, $609,000. 

10 ECONOMIC RESEARCH SERVICE

11 For necessary expenses of the Economic Research 

12 Service in conducting economic research and analysis, 

13 $78,209,000. 

14 NATIONAL AGRICULTURAL STATISTICS SERVICE

15 For necessary expenses of the National Agricultural 

16 Statistics Service in conducting statistical reporting and 

17 service work, $149,115,000, of which up to $37,265,000 

18 shall be available until expended for the Census of Agri19 culture. 

20 AGRICULTURAL RESEARCH SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses to enable the Agricultural Re23 search Service to perform agricultural research and dem24 onstration relating to production, utilization, marketing, 

25 and distribution (not otherwise provided for); home eco-
9 

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1 nomics or nutrition and consumer use including the acqui2 sition, preservation, and dissemination of agricultural in3 formation; and for acquisition of lands by donation, ex4 change, or purchase at a nominal cost not to exceed $100, 

5 and for land exchanges where the lands exchanged shall 

6 be of equal value or shall be equalized by a payment of 

7 money to the grantor which shall not exceed 25 percent 

8 of the total value of the land or interests transferred out 

9 of Federal ownership, $1,134,084,000: Provided, That of 

10 this amount, $1,115,959,000 is to maintain research pro11 grams and activities at the locations and in amounts no 

12 less than provided in fiscal year 2008, $3,000,000 is for 

13 research enhancements, and $15,125,000 is for pay and 

14 related costs: Provided further, That appropriations here15 under shall be available for the operation and maintenance 

16 of aircraft and the purchase of not to exceed one for re17 placement only: Provided further, That appropriations 

18 hereunder shall be available pursuant to 7 U.S.C. 2250 

19 for the construction, alteration, and repair of buildings 

20 and improvements, but unless otherwise provided, the cost 

21 of constructing any one building shall not exceed 

22 $375,000, except for headhouses or greenhouses which 

23 shall each be limited to $1,200,000, and except for 10 

24 buildings to be constructed or improved at a cost not to 

25 exceed $750,000 each, and the cost of altering any one 
10 

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1 building during the fiscal year shall not exceed 10 percent 

2 of the current replacement value of the building or 

3 $375,000, whichever is greater: Provided further, That the 

4 limitations on alterations contained in this Act shall not 

5 apply to modernization or replacement of existing facilities 

6 at Beltsville, Maryland: Provided further, That appropria7 tions hereunder shall be available for granting easements 

8 at the Beltsville Agricultural Research Center: Provided 

9 further, That the foregoing limitations shall not apply to 

10 replacement of buildings needed to carry out the Act of 

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

12 funds may be received from any State, other political sub13 division, organization, or individual for the purpose of es14 tablishing or operating any research facility or research 

15 project of the Agricultural Research Service, as authorized 

16 by law. 

17 BUILDINGS AND FACILITIES

18 For acquisition of land, construction, repair, improve19 ment, extension, alteration, and purchase of fixed equip20 ment or facilities as necessary to carry out the agricultural 

21 research programs of the Department of Agriculture, 

22 where not otherwise provided, $30,995,000, to remain 

23 available until expended. 
11 

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1 COOPERATIVE STATE RESEARCH, EDUCATION, AND

2 EXTENSION SERVICE

3 RESEARCH AND EDUCATION ACTIVITIES

4 For payments to agricultural experiment stations, for 

5 cooperative forestry and other research, for facilities, and 

6 for other expenses, $629,871,000, as follows: to carry out 

7 the provisions of the Hatch Act of 1887 (7 U.S.C. 361a– 

8 i), $205,602,000; for grants for cooperative forestry re9 search (16 U.S.C. 582a through a–7), $26,031,000; for 

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

11 $43,104,000, provided that each institution receives no 

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

13 450i(c)), $50,649,000; for grants for agricultural and 

14 rural policy research pursuant to 7 U.S.C. 3155, 

15 $2,602,000; for competitive grants on improved pest con16 trol (7 U.S.C. 450i(c)), $15,313,000; for competitive 

17 grants (7 U.S.C. 450(i)(b)), $200,000,000, to remain 

18 available until expended; for supplemental and alternative 

19 crops and products (7 U.S.C. 3319d), $819,000; for 

20 grants for research pursuant to the Critical Agricultural 

21 Materials Act (7 U.S.C. 178 et seq.), $1,083,000, to re22 main available until expended; for the 1994 research 

23 grants program for 1994 institutions pursuant to section 

24 536 of Public Law 103–382 (7 U.S.C. 301 note), 

25 $1,610,000, to remain available until expended; for range-
12 

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1 land research grants (7 U.S.C. 3333), $983,000; for high2 er education graduate fellowship grants (7 U.S.C. 

3 3152(b)(6)), $3,859,000, to remain available until ex4 pended (7 U.S.C. 2209b); for a program pursuant to sec5 tion 1415A of the National Agricultural Research, Exten6 sion, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 

7 $5,000,000, to remain available until expended; for higher 

8 education challenge grants (7 U.S.C. 3152(b)(1)), 

9 $5,654,000; for a higher education multicultural scholars 

10 program (7 U.S.C. 3152(b)(5)), $981,000, to remain 

11 available until expended (7 U.S.C. 2209b); for an edu12 cation grants program for Hispanic-serving Institutions (7 

13 U.S.C. 3241), $6,046,000; for competitive grants for the 

14 purpose of carrying out all provisions of 7 U.S.C. 3242 

15 (section 759 of Public Law 106–78) to individual eligible 

16 institutions or consortia of eligible institutions in Alaska 

17 and in Hawaii, with funds awarded equally to each of the 

18 States of Alaska and Hawaii, $3,196,000; for a secondary 

19 agriculture education program and 2-year post-secondary 

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

21 grants (7 U.S.C. 3322), $3,928,000; for sustainable agri22 culture research and education (7 U.S.C. 5811), 

23 $14,399,000; for a program of capacity building grants 

24 (7 U.S.C. 3152(b)(4)) to institutions eligible to receive 

25 funds under 7 U.S.C. 3221 and 3222, $13,592,000, to 
13 

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1 remain available until expended (7 U.S.C. 2209b); for pay2 ments to the 1994 Institutions pursuant to section 

3 534(a)(1) of Public Law 103–382, $3,319,000; for resi4 dent instruction grants for insular areas under section 

5 1491 of the National Agricultural Research, Extension, 

6 and Teaching Policy Act of 1977 (7 U.S.C. 3363), 

7 $745,000; and for necessary expenses of Research and 

8 Education Activities, $20,373,000, of which $2,704,000 

9 for the Research, Education, and Economics Information 

10 System and $2,136,000 for the Electronic Grants Infor11 mation System, are to remain available until expended. 

12 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

13 For the Native American Institutions Endowment 

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

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

16 EXTENSION ACTIVITIES

17 For payments to States, the District of Columbia, 

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

19 Northern Marianas, and American Samoa, $464,272,000, 

20 as follows: payments for cooperative extension work under 

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

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

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

24 costs for extension agents, $288,393,000; payments for 

25 extension work at the 1994 Institutions under the Smith26 Lever Act (7 U.S.C. 343(b)(3)), $3,298,000; payments for 
14 

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1 the nutrition and family education program for low-income 

2 areas under section 3(d) of the Act, $65,557,000; pay3 ments for the pest management program under section 

4 3(d) of the Act, $9,791,000; payments for the farm safety 

5 program under section 3(d) of the Act, $4,726,000; pay6 ments for New Technologies for Ag Extension under sec7 tion 3(d) of the Act, $1,549,000; payments to upgrade re8 search, extension, and teaching facilities at institutions eli9 gible to receive funds under 7 U.S.C. 3221 and 3222, 

10 $17,267,000, to remain available until expended; pay11 ments for youth-at-risk programs under section 3(d) of the 

12 Smith-Lever Act, $7,968,000; for youth farm safety edu13 cation and certification extension grants, to be awarded 

14 competitively under section 3(d) of the Act, $463,000; 

15 payments for carrying out the provisions of the Renewable 

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

17 seq.), $4,008,000; payments for the federally-recognized 

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

19 Smith-Lever Act, $2,979,000; payments for sustainable 

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

21 $4,568,000; payments for rural health and safety edu22 cation as authorized by section 502(i) of Public Law 92– 

23 419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooper24 ative extension work by eligible institutions (7 U.S.C. 

25 3221), $37,643,000, provided that each institution re-
15 

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1 ceives no less than $1,000,000; payments to carry out the 

2 food animal residue avoidance database program as au3 thorized by section 7321 of Public Law 110–246, 

4 $806,000; and for necessary expenses of Extension Activi5 ties, $13,518,000. 

6 INTEGRATED ACTIVITIES

7 For the integrated research, education, and extension 

8 grants programs, including necessary administrative ex9 penses, $55,850,000, as follows: for competitive grants 

10 programs authorized under section 406 of the Agricultural 

11 Research, Extension, and Education Reform Act of 1998 

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

13 the water quality program, $14,596,000 for the food safe14 ty program, $4,096,000 for the regional pest management 

15 centers program, $4,388,000 for the Food Quality Protec16 tion Act risk mitigation program for major food crop sys17 tems, $1,365,000 for the crops affected by Food Quality 

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

19 bromide transition program, and $1,842,000 for the or20 ganic transition program; for a competitive international 

21 science and education grants program authorized under 

22 section 1459A of the National Agricultural Research, Ex23 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

24 3292b), to remain available until expended, $1,986,000; 

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

26 of Public Law 89–106, as amended, $732,000, to remain 
16 

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1 available until September 30, 2010, for the critical issues 

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

3 centers program; and $9,830,000 for the Food and Agri4 culture Defense Initiative authorized under section 1484 

5 of the National Agricultural Research, Extension, and 

6 Teaching Act of 1977, to remain available until September 

7 30, 2010. 

8 OFFICE OF THE UNDER SECRETARY FOR MARKETING

9 AND REGULATORY PROGRAMS

10 For necessary expenses of the Office of the Under 

11 Secretary for Marketing and Regulatory Programs to ad12 minister programs under the laws enacted by the Congress 

13 for the Animal and Plant Health Inspection Service; the 

14 Agricultural Marketing Service; and the Grain Inspection, 

15 Packers and Stockyards Administration; $737,000. 

16 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 to prevent, control, and eradicate pests and plant and ani21 mal diseases; to carry out inspection, quarantine, and reg22 ulatory activities; and to protect the environment, as au23 thorized by law, including up to $30,000 for representa24 tion allowances and for expenses pursuant to the Foreign 

25 Service Act of 1980 (22 U.S.C. 4085), $860,989,000, of 

26 which $3,025,000 shall be available for the control of out-
17 

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1 breaks of insects, plant diseases, animal diseases and for 

2 control of pest animals and birds to the extent necessary 

3 to meet emergency conditions; of which $29,590,000 shall 

4 be used for the cotton pests program for cost share pur5 poses or for debt retirement for active eradication zones; 

6 of which $9,787,000 shall be available for a National Ani7 mal Identification program; of which $59,849,000 shall be 

8 used to prevent and control avian influenza: Provided, 

9 That no funds shall be used to formulate or administer 

10 a brucellosis eradication program for the current fiscal 

11 year that does not require minimum matching by the 

12 States of at least 40 percent: Provided further, That this 

13 appropriation shall be available for the operation and 

14 maintenance of aircraft and the purchase of not to exceed 

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

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

17 any segment of the agricultural production industry of this 

18 country, the Secretary may transfer from other appropria19 tions or funds available to the agencies or corporations 

20 of the Department such sums as may be deemed nec21 essary, to be available only in such emergencies for the 

22 arrest and eradication of contagious or infectious disease 

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

24 in accordance with sections 10411 and 10417 of the Ani25 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 
18 

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

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

3 funds transferred for such emergency purposes in the pre4 ceding fiscal year shall be merged with such transferred 

5 amounts: Provided further, That appropriations hereunder 

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

7 repair and alteration of leased buildings and improve8 ments, but unless otherwise provided the cost of altering 

9 any one building during the fiscal year shall not exceed 

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

12 In fiscal year 2009, the agency is authorized to collect 

13 fees to cover the total costs of providing technical assist14 ance, goods, or services requested by States, other political 

15 subdivisions, domestic and international organizations, 

16 foreign governments, or individuals, provided that such 

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

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

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

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

21 until expended, without further appropriation, for pro22 viding such assistance, goods, or services. 

23 BUILDINGS AND FACILITIES

24 For plans, construction, repair, preventive mainte25 nance, environmental support, improvement, extension, al26 teration, and purchase of fixed equipment or facilities, as 
19 

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

2 authorized by 7 U.S.C. 428a, $2,000,000, to remain avail3 able until expended. 

4 AGRICULTURAL MARKETING SERVICE

5 MARKETING SERVICES

6 For necessary expenses to carry out services related 

7 to consumer protection, agricultural marketing and dis8 tribution, transportation, and regulatory programs, as au9 thorized by law, and for administration and coordination 

10 of payments to States, $71,655,000, to remain available 

11 until September 30, 2010, including funds for the whole12 sale market development program for the design and de13 velopment of wholesale and farmer market facilities for 

14 the major metropolitan areas of the country: Provided, 

15 That this appropriation shall be available pursuant to law 

16 (7 U.S.C. 2250) for the alteration and repair of buildings 

17 and improvements, but the cost of altering any one build18 ing during the fiscal year shall not exceed 10 percent of 

19 the current replacement value of the building. 

20 Fees may be collected for the cost of standardization 

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

22 U.S.C. 9701). 

23 LIMITATION ON ADMINISTRATIVE EXPENSES

24 Not to exceed $62,888,000 (from fees collected) shall 

25 be obligated during the current fiscal year for administra26 tive expenses: Provided, That if crop size is understated 
20 

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

2 exceed this limitation by up to 10 percent with notification 

3 to the Committees on Appropriations of both Houses of 

4 Congress. 

5 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

6 SUPPLY (SECTION 32)

7 (INCLUDING TRANSFERS OF FUNDS)

8 Funds available under section 32 of the Act of Au9 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com10 modity program expenses as authorized therein, and other 

11 related operating expenses, including not less than 

12 $10,000,000 for replacement of a system to support com13 modity purchases, except for: (1) transfers to the Depart14 ment of Commerce as authorized by the Fish and Wildlife 

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

16 in this Act; and (3) not more than $17,270,000 for formu17 lation and administration of marketing agreements and 

18 orders pursuant to the Agricultural Marketing Agreement 

19 Act of 1937 and the Agricultural Act of 1961. 

20 PAYMENTS TO STATES AND POSSESSIONS

21 For payments to departments of agriculture, bureaus 

22 and departments of markets, and similar agencies for 

23 marketing activities under section 204(b) of the Agricul24 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

25 $1,685,000, of which not less than $360,000 shall be used 

26 to make a grant under this heading. 
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1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses to carry out the provisions 

5 of the United States Grain Standards Act, for the admin6 istration of the Packers and Stockyards Act, for certifying 

7 procedures used to protect purchasers of farm products, 

8 and the standardization activities related to grain under 

9 the Agricultural Marketing Act of 1946, $39,182,000, to 

10 remain available until September 30, 2010: Provided, 

11 That this appropriation shall be available pursuant to law 

12 (7 U.S.C. 2250) for the alteration and repair of buildings 

13 and improvements, but the cost of altering any one build14 ing during the fiscal year shall not exceed 10 percent of 

15 the current replacement value of the building. 

16 LIMITATION ON INSPECTION AND WEIGHING SERVICES

17 EXPENSES

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

19 be obligated during the current fiscal year for inspection 

20 and weighing services: Provided, That if grain export ac21 tivities require additional supervision and oversight, or 

22 other uncontrollable factors occur, this limitation may be 

23 exceeded by up to 10 percent with notification to the Com24 mittees on Appropriations of both Houses of Congress. 
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1 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

2 For necessary expenses of the Office of the Under 

3 Secretary for Food Safety to administer the laws enacted 

4 by the Congress for the Food Safety and Inspection Serv5 ice, $613,000. 

6 FOOD SAFETY AND INSPECTION SERVICE

7 For necessary expenses to carry out services author8 ized by the Federal Meat Inspection Act, the Poultry 

9 Products Inspection Act, and the Egg Products Inspection 

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

11 allowances and for expenses pursuant to section 8 of the 

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

13 $973,566,000, to remain available until September 30, 

14 2010; and in addition, $1,000,000 may be credited to this 

15 account from fees collected for the cost of laboratory ac16 creditation as authorized by section 1327 of the Food, Ag17 riculture, Conservation and Trade Act of 1990 (7 U.S.C. 

18 138f): Provided, That no fewer than 120 full-time equiva19 lent positions shall be employed during fiscal year 2009 

20 for purposes dedicated solely to inspections and enforce21 ment related to the Humane Methods of Slaughter Act: 

22 Provided further, That of the amount available under this 

23 heading, $3,000,000 shall be obligated to maintain the 

24 Humane Animal Tracking System as part of the Public 

25 Health Data Communication Infrastructure System: Pro-
23 

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1 vided further, That this appropriation shall be available 

2 pursuant to law (7 U.S.C. 2250) for the alteration and 

3 repair of buildings and improvements, but the cost of al4 tering any one building during the fiscal year shall not 

5 exceed 10 percent of the current replacement value of the 

6 building. 

7 OFFICE OF THE UNDER SECRETARY FOR FARM AND

8 FOREIGN AGRICULTURAL SERVICES

9 For necessary expenses of the Office of the Under 

10 Secretary for Farm and Foreign Agricultural Services to 

11 administer the laws enacted by Congress for the Farm 

12 Service Agency, the Foreign Agricultural Service, the Risk 

13 Management Agency, and the Commodity Credit Corpora14 tion, $646,000. 

15 FARM SERVICE AGENCY

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for carrying out the adminis19 tration and implementation of programs administered by 

20 the Farm Service Agency, $1,164,123,000, to remain 

21 available until September 30, 2010: Provided, That the 

22 Secretary is authorized to use the services, facilities, and 

23 authorities (but not the funds) of the Commodity Credit 

24 Corporation to make program payments for all programs 

25 administered by the Agency: Provided further, That other 
24 

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1 funds made available to the Agency for authorized activi2 ties may be advanced to and merged with this account. 

3 STATE MEDIATION GRANTS

4 For grants pursuant to section 502(b) of the Agricul5 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

6 5106), $4,369,000. 

7 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

8 For necessary expenses to carry out wellhead or 

9 groundwater protection activities under section 1240O of 

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

11 $3,687,000, to remain available until expended. 

12 DAIRY INDEMNITY PROGRAM

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses involved in making indemnity 

15 payments to dairy farmers and manufacturers of dairy 

16 products under a dairy indemnity program, $400,000, to 

17 remain available until expended: Provided, That such pro18 gram is carried out by the Secretary in the same manner 

19 as the dairy indemnity program described in the Agri20 culture, Rural Development, Food and Drug Administra21 tion, and Related Agencies Appropriations Act, 2001 

22 (Public Law 106–387, 114 Stat. 1549A–12). 
25 

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1 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For gross obligations for the principal amount of di5 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

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

7 tribe land acquisition loans (25 U.S.C. 488), and boll wee8 vil loans (7 U.S.C. 1989), to be available from funds in 

9 the Agricultural Credit Insurance Fund, as follows: farm 

10 ownership loans, $1,461,066,000, of which 

11 $1,238,768,000 shall be for unsubsidized guaranteed 

12 loans and $222,298,000 shall be for direct loans; oper13 ating loans, $1,862,578,000, of which $1,017,497,000 

14 shall be for unsubsidized guaranteed loans, $269,986,000 

15 shall be for subsidized guaranteed loans and $575,095,000 

16 shall be for direct loans; Indian tribe land acquisition 

17 loans, $3,940,000; and for boll weevil eradication program 

18 loans, $100,000,000: Provided, That the Secretary shall 

19 deem the pink bollworm to be a boll weevil for the purpose 

20 of boll weevil eradication program loans. 

21 For the cost of direct and guaranteed loans, including 

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

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

24 ownership loans, $16,803,000, of which $4,088,000 shall 

25 be for unsubsidized guaranteed loans, and $12,715,000 

26 shall be for direct loans; operating loans, $130,371,000, 
26 

S 3289 PCS 

1 of which $25,336,000 shall be for unsubsidized guaran2 teed loans, $37,231,000 shall be for subsidized guaranteed 

3 loans, and $67,804,000 shall be for direct loans; and In4 dian tribe land acquisition loans, $248,000. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct and guaranteed loan programs, 

7 $331,559,000, to remain available until September 30, 

8 2010, of which $323,694,000 shall be transferred to and 

9 merged with the appropriation for ‘‘Farm Service Agency, 

10 Salaries and Expenses’’. 

11 Funds appropriated by this Act to the Agricultural 

12 Credit Insurance Program Account for farm ownership 

13 and operating direct loans and guaranteed loans may be 

14 transferred among these programs: Provided, That the 

15 Committees on Appropriations of both Houses of Congress 

16 are notified at least 15 days in advance of any transfer. 

17 RISK MANAGEMENT AGENCY

18 For administrative and operating expenses, as au19 thorized by section 226A of the Department of Agriculture 

20 Reorganization Act of 1994 (7 U.S.C. 6933), 

21 $77,177,000, to remain available until September 30, 

22 2010: Provided, That not more than $11,166,000 of the 

23 funds made available under section 522(e) of the Federal 

24 Crop Insurance Act (7 U.S.C. 1522(e)) may be used for 

25 program compliance and integrity purposes, including the 
27 

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1 data mining project, and for the Common Information 

2 Management System: Provided further, That not to exceed 

3 $1,000 shall be available for official reception and rep4 resentation expenses, as authorized by 7 U.S.C. 1506(i). 

5 CORPORATIONS 

6 The following corporations and agencies are hereby 

7 authorized to make expenditures, within the limits of 

8 funds and borrowing authority available to each such cor9 poration or agency and in accord with law, and to make 

10 contracts and commitments without regard to fiscal year 

11 limitations as provided by section 104 of the Government 

12 Corporation Control Act as may be necessary in carrying 

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

14 fiscal year for such corporation or agency, except as here15 inafter provided. 

16 FEDERAL CROP INSURANCE CORPORATION FUND

17 For payments as authorized by section 516 of the 

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

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

20 COMMODITY CREDIT CORPORATION FUND

21 REIMBURSEMENT FOR NET REALIZED LOSSES

22 For the current fiscal year, such sums as may be nec23 essary to reimburse the Commodity Credit Corporation for 

24 net realized losses sustained, but not previously reim25 bursed, pursuant to section 2 of the Act of August 17, 
28 

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1 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

2 available to the Commodity Credit Corporation under sec3 tion 11 of the Commodity Credit Corporation Charter Act 

4 (15 U.S.C. 714i) for the conduct of its business with the 

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

6 transferred to and used by the Foreign Agricultural Serv7 ice for information resource management activities of the 

8 Foreign Agricultural Service that are not related to Com9 modity Credit Corporation business and not more than 

10 $6,500,000 may be used to reimburse administrative costs 

11 associated with carrying out the Food for Peace program. 

12 HAZARDOUS WASTE MANAGEMENT

13 (LIMITATION ON EXPENSES)

14 For the current fiscal year, the Commodity Credit 

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

16 site investigation and cleanup expenses, and operations 

17 and maintenance expenses to comply with the requirement 

18 of section 107(g) of the Comprehensive Environmental 

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

20 9607(g)), and section 6001 of the Resource Conservation 

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

22 FARM STORAGE FACILITY LOANS PROGRAM ACCOUNT

23 For administrative expenses necessary to carry out 

24 the Farm Storage and Sugar Storage Facility Loan Pro25 grams, $4,724,000, to remain available until September 

26 30, 2010, which shall be transferred to and merged with 
29 

S 3289 PCS 

1 the appropriation for ‘‘Farm Service Agency, Salaries and 

2 Expenses’’. 

3 TITLE II 

4 CONSERVATION PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR NATURAL

6 RESOURCES AND ENVIRONMENT

7 For necessary expenses of the Office of the Under 

8 Secretary for Natural Resources and Environment to ad9 minister the laws enacted by the Congress for the Forest 

10 Service and the Natural Resources Conservation Service, 

11 $758,000. 

12 NATURAL RESOURCES CONSERVATION SERVICE

13 CONSERVATION OPERATIONS

14 For necessary expenses for carrying out the provi15 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

16 including preparation of conservation plans and establish17 ment of measures to conserve soil and water (including 

18 farm irrigation and land drainage and such special meas19 ures for soil and water management as may be necessary 

20 to prevent floods and the siltation of reservoirs and to con21 trol agricultural related pollutants); operation of conserva22 tion plant materials centers; classification and mapping of 

23 soil; dissemination of information; acquisition of lands, 

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

25 program by donation, exchange, or purchase at a nominal 
30 

S 3289 PCS 

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

2 3, 1956 (7 U.S.C. 428a); purchase and erection or alter3 ation or improvement of permanent and temporary build4 ings; and operation and maintenance of aircraft, 

5 $866,899,000, to remain available until June 30, 2010: 

6 Provided, That appropriations hereunder shall be available 

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

12 when buildings or other structures are erected on non13 Federal land, that the right to use such land is obtained 

14 as provided in 7 U.S.C. 2250a: Provided further, That this 

15 appropriation shall be available for technical assistance 

16 and related expenses to carry out programs authorized by 

17 section 202(c) of title II of the Colorado River Basin Sa18 linity Control Act of 1974 (43 U.S.C. 1592(c)): Provided 

19 further, That qualified local engineers may be temporarily 

20 employed at per diem rates to perform the technical plan21 ning work of the Service. 

22 WATERSHED AND FLOOD PREVENTION OPERATIONS

23 For necessary expenses to carry out preventive meas24 ures, including but not limited to research, engineering op25 erations, methods of cultivation, the growing of vegetation, 

26 rehabilitation of existing works and changes in use of land, 
31 

S 3289 PCS 

1 in accordance with the Watershed Protection and Flood 

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

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

4 590a–f), and in accordance with the provisions of laws re5 lating to the activities of the Department, $29,790,000, 

6 to remain available until expended: Provided, That not to 

7 exceed $15,500,000 of this appropriation shall be available 

8 for technical assistance. 

9 WATERSHED REHABILITATION PROGRAM

10 For necessary expenses to carry out rehabilitation of 

11 structural measures, in accordance with section 14 of the 

12 Watershed Protection and Flood Prevention Act (16 

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

14 laws relating to the activities of the Department, 

15 $20,000,000, to remain available until expended. 

16 RESOURCE CONSERVATION AND DEVELOPMENT

17 For necessary expenses in planning and carrying out 

18 projects for resource conservation and development and 

19 for sound land use pursuant to the provisions of sections 

20 31 and 32 of the Bankhead-Jones Farm Tenant Act (7 

21 U.S.C. 1010–1011; 76 Stat. 607); the Act of April 27, 

22 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of 

23 the Agriculture and Food Act of 1981 (16 U.S.C. 3451– 

24 3461), $50,730,000, to remain available until expended: 

25 Provided, That not to exceed $3,073,000 shall be available 

26 for national headquarters activities. 
32 

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1 HEALTHY FORESTS RESERVE PROGRAM

2 For necessary expenses to carry out the Healthy For3 ests Reserve Program authorized under title V of Public 

4 Law 108–148 (16 U.S.C. 6571–6578), $1,986,000, to re5 main available until expended. 

6 TITLE III 

7 RURAL DEVELOPMENT PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR RURAL

9 DEVELOPMENT

10 For necessary salaries and expenses of the Office of 

11 the Under Secretary for Rural Development to administer 

12 programs under the laws enacted by the Congress for the 

13 rural housing service, the rural business-cooperative serv14 ice, and the rural utilities service, $646,000. 

15 RURAL DEVELOPMENT SALARIES AND EXPENSES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses for carrying out the adminis18 tration and implementation of programs in the Rural De19 velopment mission area, including activities with institu20 tions concerning the development and operation of agricul21 tural cooperatives; and for cooperative agreements; 

22 $210,748,000, to remain available until September 30, 

23 2010: Provided, That notwithstanding any other provision 

24 of law, funds appropriated under this section may be used 

25 for advertising and promotional activities that support the 
33 

S 3289 PCS 

1 Rural Development mission area: Provided further, That 

2 not more than $10,000 may be expended to provide mod3 est nonmonetary awards to non-USDA employees: Pro4 vided further, That any balances available from prior years 

5 for the Rural Utilities Service, Rural Housing Service, and 

6 the Rural Business-Cooperative Service salaries and ex7 penses accounts shall be transferred to and merged with 

8 this appropriation. 

9 RURAL HOUSING SERVICE

10 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For gross obligations for the principal amount of di13 rect and guaranteed loans as authorized by title V of the 

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

15 rural housing insurance fund, as follows: $5,312,009,000 

16 for loans for section 502 borrowers, of which 

17 $1,121,488,000 shall be for direct loans, and of which 

18 $4,190,521,000 shall be for unsubsidized guaranteed 

19 loans; $34,409,000 for section 504 housing repair loans; 

20 $69,510,000 for section 515 rental housing; $129,090,000 

21 for section 538 guaranteed multi-family housing loans; 

22 $5,045,000 for section 524 site loans; $11,476,000 for 

23 credit sales of acquired property, of which up to 

24 $1,476,000 may be for multi-family credit sales; and 

25 $4,965,000 for section 523 self-help housing land develop26 ment loans. 
34 

S 3289 PCS 

1 For the cost of direct and guaranteed loans, including 

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

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

4 502 loans, $128,406,000, of which $75,364,000 shall be 

5 for direct loans, and of which $53,042,000, to remain 

6 available until expended, shall be for unsubsidized guaran7 teed loans; section 504 housing repair loans, $9,246,000; 

8 repair, rehabilitation, and new construction of section 515 

9 rental housing, $28,610,000; section 538 multi-family 

10 housing guaranteed loans, $20,241,000; credit sales of ac11 quired property, $533,000; and section 523 self-help hous12 ing and development loans, $82,000: Provided, That of the 

13 total amount appropriated in this paragraph, $2,500,000 

14 shall be available through June 30, 2009, for authorized 

15 empowerment zones and enterprise communities and com16 munities designated by the Secretary of Agriculture as 

17 Rural Economic Area Partnership Zones: Provided fur18 ther, That any funds under this paragraph initially allo19 cated by the Secretary for housing projects in the State 

20 of Alaska that are not obligated by September 30, 2009, 

21 shall be carried over until September 30, 2010, and made 

22 available for such housing projects only in the State of 

23 Alaska: Provided further, That any unobligated balances 

24 for a demonstration program for the preservation and re25 vitalization of the section 515 multi-family rental housing 
35 

S 3289 PCS 

1 properties as authorized by Public Law 109–97 and Public 

2 Law 110–5 shall be transferred to and merged with the 

3 ‘‘Rural Housing Service, Multi-family Housing Revitaliza4 tion Program Account’’. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct and guaranteed loan programs, 

7 $449,757,000, to remain available until September 30, 

8 2010, which shall be transferred to and merged with the 

9 appropriation for ‘‘Rural Development, Salaries and Ex10 penses’’. 

11 RENTAL ASSISTANCE PROGRAM

12 For rental assistance agreements entered into or re13 newed pursuant to the authority under section 521(a)(2) 

14 or agreements entered into in lieu of debt forgiveness or 

15 payments for eligible households as authorized by section 

16 502(c)(5)(D) of the Housing Act of 1949, 

17 $1,005,000,000; and, in addition, such sums as may be 

18 necessary, as authorized by section 521(c) of the Act, to 

19 liquidate debt incurred prior to fiscal year 1992 to carry 

20 out the rental assistance program under section 521(a)(2) 

21 of the Act: Provided, That of this amount, up to 

22 $5,958,000 shall be available for debt forgiveness or pay23 ments for eligible households as authorized by section 

24 502(c)(5)(D) of the Act, and not to exceed $50,000 per 

25 project for advances to nonprofit organizations or public 

26 agencies to cover direct costs (other than purchase price) 
36 

S 3289 PCS 

1 incurred in purchasing projects pursuant to section 

2 502(c)(5)(C) of the Act: Provided further, That rental as3 sistance agreements entered into or renewed during the 

4 current fiscal year shall be funded for a 1-year period: 

5 Provided further, That any unexpended balances remain6 ing at the end of such 1-year agreements may be trans7 ferred and used for the purposes of any debt reduction; 

8 maintenance, repair, or rehabilitation of any existing 

9 projects; preservation; and rental assistance activities au10 thorized under title V of the Act: Provided further, That 

11 rental assistance provided under agreements entered into 

12 prior to fiscal year 2009 for a farm labor multi-family 

13 housing project financed under section 514 or 516 of the 

14 Act may not be recaptured for use in another project until 

15 such assistance has remained unused for a period of 12 

16 consecutive months, if such project has a waiting list of 

17 tenants seeking such assistance or the project has rental 

18 assistance eligible tenants who are not receiving such as19 sistance: Provided further, That such recaptured rental as20 sistance shall, to the extent practicable, be applied to an21 other farm labor multi-family housing project financed 

22 under section 514 or 516 of the Act. 

23 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

24 ACCOUNT

25 For the rural housing voucher program as authorized 

26 under section 542 of the Housing Act of 1949, but not-
37 

S 3289 PCS 

1 withstanding subsection (b) of such section, for the cost 

2 to conduct a housing program to provide revolving loans 

3 for the preservation of low-income multi-family housing 

4 projects, and for additional costs to conduct a program 

5 for the preservation and revitalization of multi-family 

6 rental housing properties described in this paragraph, 

7 $27,714,000, to remain available until expended: Pro8 vided, That of the funds made available under this head9 ing, $4,965,000 shall be available for rural housing vouch10 ers to any low-income household (including those not re11 ceiving rental assistance) residing in a property financed 

12 with a section 515 loan which has been prepaid after Sep13 tember 30, 2005: Provided further, That the amount of 

14 such voucher shall be the difference between comparable 

15 market rent for the section 515 unit and the tenant paid 

16 rent for such unit: Provided further, That funds made 

17 available for such vouchers shall be subject to the avail18 ability of annual appropriations: Provided further, That 

19 the Secretary shall, to the maximum extent practicable, 

20 administer such vouchers with current regulations and ad21 ministrative guidance applicable to section 8 housing 

22 vouchers administered by the Secretary of the Department 

23 of Housing and Urban Development (including the ability 

24 to pay administrative costs related to delivery of the 

25 voucher funds): Provided further, That if the Secretary de-
38 

S 3289 PCS 

1 termines that the amount made available for vouchers in 

2 this or any other Act is not needed for vouchers, the Sec3 retary may use such funds for the programs for the pres4 ervation and revitalization of multi-family rental housing 

5 properties described in this paragraph: Provided further, 

6 That of the funds made available under this heading, 

7 $2,889,000 shall be available for the cost of loans to pri8 vate nonprofit organizations, or such nonprofit organiza9 tions’ affiliate loan funds and State and local housing fi10 nance agencies, to carry out a housing program to provide 

11 revolving loans for the preservation of low-income multi12 family housing projects: Provided further, That loans 

13 under such program shall have an interest rate of not 

14 more than 1 percent direct loan to the recipient: Provided 

15 further, That the Secretary may defer the interest and 

16 principal payment to the Rural Housing Service for up 

17 to 3 years and the term of such loans shall not exceed 

18 30 years: Provided further, That of the funds made avail19 able under this heading, $19,860,000 shall be available for 

20 a program for the preservation and revitalization of the 

21 section 514, 515, and 516 multi-family rental housing 

22 properties to restructure existing USDA multi-family 

23 housing loans, as the Secretary deems appropriate, ex24 pressly for the purposes of ensuring the project has suffi25 cient resources to preserve the project for the purpose of 
39 

S 3289 PCS 

1 providing safe and affordable housing for low-income resi2 dents and farm laborers including reducing or eliminating 

3 interest; deferring loan payments, subordinating, reducing 

4 or reamortizing loan debt; and other financial assistance 

5 including advances, payments and incentives (including 

6 the ability of owners to obtain reasonable returns on in7 vestment) required by the Secretary: Provided further, 

8 That the Secretary shall as part of the preservation and 

9 revitalization agreement obtain a restrictive use agreement 

10 consistent with the terms of the restructuring: Provided 

11 further, That if the Secretary determines that additional 

12 funds for vouchers described in this paragraph are needed, 

13 funds for the preservation and revitalization program may 

14 be used for such vouchers: Provided further, That the Sec15 retary may charge a processing fee to program applicants 

16 to be used by the Secretary to obtain assistance from third 

17 parties regarding the implementation of the program. 

18 MUTUAL AND SELF-HELP HOUSING GRANTS

19 For grants and contracts pursuant to section 

20 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

21 1490c), $38,727,000, to remain available until expended: 

22 Provided, That of the total amount appropriated, 

23 $1,000,000 shall be available through June 30, 2009, for 

24 authorized empowerment zones and enterprise commu25 nities and communities designated by the Secretary of Ag26 riculture as Rural Economic Area Partnership Zones. 
40 

S 3289 PCS 

1 RURAL HOUSING ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants and contracts for very low-income housing 

4 repair, supervisory and technical assistance, compensation 

5 for construction defects, and rural housing preservation 

6 made by the rural housing service, as authorized by 42 

7 U.S.C. 1474, 1479(c), 1490e, and 1490m, $38,727,000, 

8 to remain available until expended: Provided, That of the 

9 total amount appropriated, $1,200,000 shall be available 

10 through June 30, 2009, for authorized empowerment 

11 zones and enterprise communities and communities des12 ignated by the Secretary of Agriculture as Rural Economic 

13 Area Partnership Zones: Provided further, That any bal14 ances to carry out a housing demonstration program to 

15 provide revolving loans for the preservation of low-income 

16 multi-family housing projects as authorized in Public Law 

17 108–447 and Public Law 109–97 shall be transferred to 

18 and merged with the ‘‘Rural Housing Service, Multi-fam19 ily Housing Revitalization Program Account’’. 

20 FARM LABOR PROGRAM ACCOUNT

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

22 as authorized by 42 U.S.C. 1484 and 1486, $15,000,000, 

23 to remain available until expended, for direct farm labor 

24 housing loans and domestic farm labor housing grants and 

25 contracts. 
41 

S 3289 PCS 

1 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

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

4 grants for rural community facilities programs as author5 ized by section 306 and described in section 381E(d)(1) 

6 of the Consolidated Farm and Rural Development Act, 

7 $67,732,000, to remain available until expended: Pro8 vided, That $6,256,000 of the amount appropriated under 

9 this heading shall be available for a Rural Community De10 velopment Initiative: Provided further, That such funds 

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

12 private, nonprofit community-based housing and commu13 nity development organizations, low-income rural commu14 nities, and Federally Recognized Native American Tribes 

15 to undertake projects to improve housing, community fa16 cilities, community and economic development projects in 

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

18 made available to qualified private, nonprofit and public 

19 intermediary organizations proposing to carry out a pro20 gram of financial and technical assistance: Provided fur21 ther, That such intermediary organizations shall provide 

22 matching funds from other sources, including Federal 

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

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

25 amount appropriated under this heading shall be to pro26 vide grants for facilities in rural communities with extreme 
42 

S 3289 PCS 

1 unemployment and severe economic depression (Public 

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

3 and capacity building in the State rural development of4 fices: Provided further, That $3,972,000 of the amount ap5 propriated under this heading shall be available for com6 munity facilities grants to tribal colleges, as authorized by 

7 section 306(a)(19) of such Act: Provided further, That not 

8 to exceed $1,000,000 of the amount appropriated under 

9 this heading shall be available through June 30, 2009, for 

10 authorized empowerment zones and enterprise commu11 nities and communities designated by the Secretary of Ag12 riculture as Rural Economic Area Partnership Zones for 

13 the rural community programs described in section 

14 381E(d)(1) of the Consolidated Farm and Rural Develop15 ment Act: Provided further, That section 381E–H and 

16 381N of the Consolidated Farm and Rural Development 

17 Act are not applicable to the funds made available under 

18 this heading: Provided further, That any prior balances in 

19 the Rural Development, Rural Community Advancement 

20 Program account for programs authorized by section 306 

21 and described in section 381E(d)(1) of such Act be trans22 ferred and merged with this account and any other prior 

23 balances from the Rural Development, Rural Community 

24 Advancement Program account that the Secretary deter25 mines is appropriate to transfer. 
43 

S 3289 PCS 

1 RURAL BUSINESS—COOPERATIVE SERVICE

2 RURAL BUSINESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the cost of loan guarantees and grants for the 

5 rural business development programs authorized by sec6 tion 306 and section 310B and described in section 

7 310B(f) and 381E(d)(3) of the Consolidated Farm and 

8 Rural Development Act, $87,385,000, to remain available 

9 until expended: Provided, That of the amount appro10 priated under this heading, not to exceed $495,000 shall 

11 be made available for a grant to a qualified national orga12 nization to provide technical assistance for rural transpor13 tation in order to promote economic development and 

14 $2,979,000 shall be for grants to the Delta Regional Au15 thority (7 U.S.C. 1921 et seq.) for any Rural Community 

16 Advancement Program purpose as described in section 

17 381E(d) of the Consolidated Farm and Rural Develop18 ment Act, of which not more than 5 percent may be used 

19 for administrative expenses: Provided further, That 

20 $3,996,000 of the amount appropriated under this head21 ing shall be for business grants to benefit Federally Recog22 nized Native American Tribes, including $248,000 for a 

23 grant to a qualified national organization to provide tech24 nical assistance for rural transportation in order to pro25 mote economic development: Provided further, That not to 

26 exceed $8,300,000 of the amount appropriated under this 
44 

S 3289 PCS 

1 heading shall be available through June 30, 2009, for au2 thorized empowerment zones and enterprise communities 

3 and communities designated by the Secretary of Agri4 culture as Rural Economic Area Partnership Zones for the 

5 rural business and cooperative development programs de6 scribed in section 381E(d)(3) of the Consolidated Farm 

7 and Rural Development Act: Provided further, That sec8 tion 381E–H and 381N of the Consolidated Farm and 

9 Rural Development Act are not applicable to funds made 

10 available under this heading: Provided further, That any 

11 prior balances in the Rural Development, Rural Commu12 nity Advancement Program account for programs author13 ized by sections 306 and 310B and described in section 

14 310B(f) and 381E(d)(3) of such Act be transferred and 

15 merged with this account and any other prior balances 

16 from the Rural Development, Rural Community Advance17 ment Program account that the Secretary determines is 

18 appropriate to transfer. 

19 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For the principal amount of direct loans, as author22 ized by the Rural Development Loan Fund (42 U.S.C. 

23 9812(a)), $33,536,000. 

24 For the cost of direct loans, $14,035,000, as author25 ized by the Rural Development Loan Fund (42 U.S.C. 

26 9812(a)), of which $1,724,000 shall be available through 
45 

S 3289 PCS 

1 June 30, 2009, for Federally Recognized Native American 

2 Tribes and of which $3,449,000 shall be available through 

3 June 30, 2009, for Mississippi Delta Region counties (as 

4 determined in accordance with Public Law 100–460): Pro5 vided, That such costs, including the cost of modifying 

6 such loans, shall be as defined in section 502 of the Con7 gressional Budget Act of 1974: Provided further, That of 

8 the total amount appropriated, $880,000 shall be available 

9 through June 30, 2009, for the cost of direct loans for 

10 authorized empowerment zones and enterprise commu11 nities and communities designated by the Secretary of Ag12 riculture as Rural Economic Area Partnership Zones. 

13 In addition, for administrative expenses to carry out 

14 the direct loan programs, $4,741,000, to remain available 

15 until September 30, 2010, shall be transferred to and 

16 merged with the appropriation for ‘‘Rural Development, 

17 Salaries and Expenses’’. 

18 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

19 ACCOUNT

20 (INCLUDING RESCISSION OF FUNDS)

21 For the principal amount of direct loans, as author22 ized under section 313 of the Rural Electrification Act, 

23 for the purpose of promoting rural economic development 

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

25 Of the funds derived from interest on the cushion of 

26 credit payments, as authorized by section 313 of the Rural 
46 

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1 Electrification Act of 1936, $20,000,000 shall not be obli2 gated and $20,000,000 are rescinded. 

3 RURAL COOPERATIVE DEVELOPMENT GRANTS

4 For rural cooperative development grants authorized 

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

6 Rural Development Act (7 U.S.C. 1932), $25,114,000, of 

7 which $300,000 shall be for a cooperative research agree8 ment with a qualified academic institution to conduct re9 search on the national economic impact of all types of co10 operatives; and of which $2,774,000 shall be for coopera11 tive agreements for the appropriate technology transfer 

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

13 $1,463,000 shall be for cooperatives or associations of co14 operatives whose primary focus is to provide assistance to 

15 small, minority producers and whose governing board and/ 

16 or membership is comprised of at least 75 percent minor17 ity; and of which $16,153,000, to remain available until 

18 expended, shall be for value-added agricultural product 

19 market development grants, as authorized by section 6202 

20 of the Food, Conservation, and Energy Act of 2008 (Pub21 lic Law 110–246). 

22 RURAL EMPOWERMENT ZONES AND ENTERPRISE

23 COMMUNITIES GRANTS

24 For grants in connection with empowerment zones 

25 and enterprise communities, $8,130,000, to remain avail26 able until expended, for designated rural empowerment 
47 

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1 zones and rural enterprise communities, as authorized by 

2 the Taxpayer Relief Act of 1997 and the Omnibus Consoli3 dated and Emergency Supplemental Appropriations Act, 

4 1999 (Public Law 105–277): Provided, That the funds 

5 provided under this paragraph shall be made available to 

6 empowerment zones and enterprise communities in a man7 ner and with the same priorities such funds were made 

8 available during the 2007 fiscal year. 

9 RENEWABLE ENERGY PROGRAM

10 For the cost of a program of direct loans, loan guar11 antees, and grants, under the same terms and conditions 

12 as authorized by section 9007 of the Food, Conservation, 

13 and Energy Act of 2008 (Public Law 110–246), 

14 $50,000,000: Provided, That the cost of direct loans and 

15 loan guarantees, including the cost of modifying such 

16 loans, shall be as defined in section 502 of the Congres17 sional Budget Act of 1974. 

18 RURAL UTILITIES SERVICE

19 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

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

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

23 and solid waste management programs authorized by sec24 tions 306, 306A, 306C, 306D, and 310B and described 

25 in sections 306C(a)(2), 306D, and 381E(d)(2) of the Con26 solidated Farm and Rural Development Act, 
48 

S 3289 PCS 

1 $558,628,000, to remain available until expended, of 

2 which not to exceed $497,000 shall be available for the 

3 rural utilities program described in section 306(a)(2)(B) 

4 of such Act, and of which not to exceed $993,000 shall 

5 be available for the rural utilities program described in 

6 section 306E of such Act: Provided, That $65,000,000 of 

7 the amount appropriated under this heading shall be for 

8 loans and grants including water and waste disposal sys9 tems grants authorized by 306C(a)(2)(B) and 306D of the 

10 Consolidated Farm and Rural Development Act and for 

11 Federally-recognized Native American Tribes authorized 

12 by 306C(a)(1): Provided further, That the Secretary shall 

13 allocate the funds described in the previous proviso in a 

14 manner consistent with the historical allocation for such 

15 populations under these authorities: Provided further, 

16 That not to exceed $18,500,000 of the amount appro17 priated under this heading shall be for technical assistance 

18 grants for rural water and waste systems pursuant to sec19 tion 306(a)(14) of such Act, unless the Secretary makes 

20 a determination of extreme need, of which $5,600,000 

21 shall be made available for a grant to a qualified nonprofit 

22 multi-state regional technical assistance organization, with 

23 experience in working with small communities on water 

24 and waste water problems, the principal purpose of such 

25 grant shall be to assist rural communities with populations 
49 

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1 of 3,300 or less, in improving the planning, financing, de2 velopment, operation, and management of water and waste 

3 water systems, and of which not less than $800,000 shall 

4 be for a qualified national Native American organization 

5 to provide technical assistance for rural water systems for 

6 tribal communities: Provided further, That not to exceed 

7 $13,750,000 of the amount appropriated under this head8 ing shall be for contracting with qualified national organi9 zations for a circuit rider program to provide technical as10 sistance for rural water systems: Provided further, That 

11 not to exceed $12,700,000 of the amount appropriated 

12 under this heading shall be available through June 30, 

13 2009, for authorized empowerment zones and enterprise 

14 communities and communities designated by the Secretary 

15 of Agriculture as Rural Economic Area Partnership Zones 

16 for the rural utilities programs described in section 

17 381E(d)(2) of such Act: Provided further, That 

18 $19,860,000 of the amount appropriated under this head19 ing shall be transferred to, and merged with, the rural 

20 utilities service, High Energy Cost Grants Account to pro21 vide grants authorized under section 19 of the Rural Elec22 trification Act of 1936 (7 U.S.C. 918a): Provided further, 

23 That any prior year balances for high cost energy grants 

24 authorized by section 19 of the Rural Electrification Act 

25 of 1936 (7 U.S.C. 901(19)) shall be transferred to and 
50 

S 3289 PCS 

1 merged with the rural utilities service, High Energy Costs 

2 Grants Account: Provided further, That section 381E–H 

3 and 381N of the Consolidated Farm and Rural Develop4 ment Act are not applicable to the funds made available 

5 under this heading: Provided further, That any prior bal6 ances in the Rural Development, Rural Community Ad7 vancement Program account programs authorized by sec8 tions 306, 306A, 306C, 306D, and 310B and described 

9 in sections 306C(a)(2), 306D, and 381E(d)(2) of such Act 

10 be transferred and merged with this account and any 

11 other prior balances from the Rural Development, Rural 

12 Community Advancement Program account that the Sec13 retary determines is appropriate to transfer. 

14 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

15 LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 The principal amount of direct and guaranteed loans 

18 as authorized by section 305 of the Rural Electrification 

19 Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 

20 percent rural electrification loans, $99,300,000; loans 

21 made pursuant to section 306 of that Act, rural electric, 

22 $6,500,000,000; guaranteed underwriting loans pursuant 

23 to section 313A, $500,000,000; 5 percent rural tele24 communications loans, $143,985,000; cost of money rural 

25 telecommunications loans, $248,250,000; and for loans 
51 

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1 made pursuant to section 306 of that Act, rural tele2 communications loans, $292,935,000. 

3 For the cost, as defined in section 502 of the Con4 gressional Budget Act of 1974, including the cost of modi5 fying loans, of direct and guaranteed loans authorized by 

6 sections 305 and 306 of the Rural Electrification Act of 

7 1936 (7 U.S.C. 935 and 936), as follows: cost of rural 

8 telecommunications loans, $521,000: Provided, That not9 withstanding section 305(d)(2) of the Rural Electrifica10 tion Act of 1936, borrower interest rates may exceed 7 

11 percent per year. 

12 In addition, for administrative expenses necessary to 

13 carry out the direct and guaranteed loan programs, 

14 $38,353,000, to remain available until September 30, 

15 2010, which shall be transferred to and merged with the 

16 appropriation for ‘‘Rural Development, Salaries and Ex17 penses’’. 

18 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

19 PROGRAM

20 For the principal amount of broadband telecommuni21 cation loans, $297,900,000. 

22 For grants for telemedicine and distance learning 

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

24 et seq., $34,755,000, to remain available until expended: 

25 Provided, That the Secretary may use funds under this 

26 heading for grants authorized by 379(g) of the Consoli-
52 

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1 dated Farm and Rural Development Act: Provided further, 

2 That $4,965,000 shall be made available to convert analog 

3 to digital operation those noncommercial educational tele4 vision broadcast stations that serve rural areas and are 

5 qualified for Community Service Grants by the Corpora6 tion for Public Broadcasting under section 396(k) of the 

7 Communications Act of 1934, including associated trans8 lators and repeaters, regardless of the location of their 

9 main transmitter, studio-to-transmitter links, and equip10 ment to allow local control over digital content and pro11 gramming through the use of high-definition broadcast, 

12 multi-casting and datacasting technologies. 

13 For the cost of broadband loans, as authorized by 7 

14 U.S.C. 901 et seq., $11,618,000, to remain available until 

15 expended: Provided, That the cost of direct loans shall be 

16 as defined in section 502 of the Congressional Budget Act 

17 of 1974. 

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

19 expended, for a grant program to finance broadband 

20 transmission in rural areas eligible for Distance Learning 

21 and Telemedicine Program benefits authorized by 7 

22 U.S.C. 950aaa. 
53 

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1 TITLE IV 

2 DOMESTIC FOOD PROGRAMS 

3 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

4 NUTRITION AND CONSUMER SERVICES

5 For necessary expenses of the Office of the Under 

6 Secretary for Food, Nutrition and Consumer Services to 

7 administer the laws enacted by the Congress for the Food 

8 and Nutrition Service, $610,000. 

9 FOOD AND NUTRITION SERVICE

10 CHILD NUTRITION PROGRAMS

11 (INCLUDING TRANSFERS OF FUNDS)

12 Notwithstanding section 14222(b)(1) of the Food, 

13 Conservation, and Energy Act of 2008, for necessary ex14 penses to carry out the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1751 et seq.), except section 

16 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 

17 et seq.), except sections 17 and 21; $14,455,683,000, to 

18 remain available through September 30, 2010, of which 

19 $7,733,849,000 is hereby appropriated and 

20 $6,721,834,000 shall be derived by transfer from funds 

21 available under section 32 of the Act of August 24, 1935 

22 (7 U.S.C. 612c). 

23 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

24 WOMEN, INFANTS, AND CHILDREN (WIC)

25 For necessary expenses to carry out the special sup26 plemental nutrition program as authorized by section 17 
54 

S 3289 PCS 

1 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

2 $6,750,000,000, to remain available through September 

3 30, 2010, of which such sums as are necessary to restore 

4 the contingency reserve to $50,000,000 shall be placed in 

5 reserve, to remain available until expended, to be allocated 

6 as the Secretary deems necessary, notwithstanding section 

7 17(i) of such Act, to support participation should cost or 

8 participation exceed budget estimates: Provided, That of 

9 the total amount available, the Secretary shall obligate not 

10 less than $14,850,000 for a breastfeeding support initia11 tive in addition to the activities specified in section 

12 17(h)(3)(A): Provided further, That, notwithstanding sec13 tion 17(h)(10)(A) of such Act, only the provisions of sec14 tion 17(h)(10)(B)(i) shall be effective in 2009; including 

15 $14,000,000 for the purposes specified in section 

16 17(h)(10)(B)(i): Provided further, That hereafter none of 

17 the funds in this Act shall be available to pay administra18 tive expenses of WIC clinics except those that have an an19 nounced policy of prohibiting smoking within the space 

20 used to carry out the program: Provided further, That 

21 none of the funds provided in this account shall be avail22 able for the purchase of infant formula except in accord23 ance with the cost containment and competitive bidding 

24 requirements specified in section 17 of such Act: Provided 

25 further, That none of the funds provided shall be available 
55 

S 3289 PCS 

1 for activities that are not fully reimbursed by other Fed2 eral Government departments or agencies unless author3 ized by section 17 of such Act. 

4 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

5 For necessary expenses to carry out the Food and 

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

7 $43,437,304,000, of which $3,000,000,000, to remain 

8 available through September 30, 2010, shall be placed in 

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

10 as may become necessary to carry out program operations: 

11 Provided, That funds provided herein shall be expended 

12 in accordance with section 16 of the Food and Nutrition 

13 Act of 2008 (7 U.S.C. 2011 et seq.): Provided further, 

14 That this appropriation shall be subject to any work reg15 istration or workfare requirements as may be required by 

16 law: Provided further, That funds made available for Em17 ployment and Training under this heading shall remain 

18 available until expended, as authorized by section 16(h)(1) 

19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

20 et seq.): Provided further, That funds made available 

21 under this heading may be used to enter into contracts 

22 and employ staff to conduct studies, evaluations, or to con23 duct activities related to food stamp program integrity 

24 provided that such activities are authorized by the Food 

25 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 
56 

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1 COMMODITY ASSISTANCE PROGRAM

2 For necessary expenses to carry out disaster assist3 ance and the Commodity Supplemental Food Program as 

4 authorized by section 4(a) of the Agriculture and Con5 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

6 Emergency Food Assistance Act of 1983; special assist7 ance for the nuclear affected islands, as authorized by sec8 tion 103(f)(2) of the Compact of Free Association Amend9 ments Act of 2003 (Public Law 108–188); and the Farm10 ers’ Market Nutrition Program, as authorized by section 

11 17(m) of the Child Nutrition Act of 1966, $225,370,000, 

12 to remain available through September 30, 2010: Pro13 vided, That none of these funds shall be available to reim14 burse the Commodity Credit Corporation for commodities 

15 donated to the program: Provided further, That notwith16 standing any other provision of law, effective with funds 

17 made available in fiscal year 2009 to support the Seniors 

18 Farmers’ Market Nutrition Program (SFMNP), as au19 thorized by section 4406 of Public Law 110–246, such 

20 funds shall remain available through September 30, 2010: 

21 Provided further, That of the funds made available under 

22 section 27(a) of the Food and Nutrition Act of 2008 (7 

23 U.S.C. 2011 et seq.), the Secretary may use up to 10 per24 cent for costs associated with the distribution of commod25 ities. 
57 

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1 NUTRITION PROGRAMS ADMINISTRATION

2 For necessary administrative expenses of the Food 

3 and Nutrition Service for carrying out any domestic nutri4 tion assistance program, $142,595,000, to remain avail5 able until September 30, 2010. 

6 TITLE V 

7 FOREIGN ASSISTANCE AND RELATED 

8 PROGRAMS 

9 FOREIGN AGRICULTURAL SERVICE

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Foreign Agricultural 

13 Service, including carrying out title VI of the Agricultural 

14 Act of 1954 (7 U.S.C. 1761–1768), market development 

15 activities abroad, and for enabling the Secretary to coordi16 nate and integrate activities of the Department in connec17 tion with foreign agricultural work, including not to exceed 

18 $158,000 for representation allowances and for expenses 

19 pursuant to section 8 of the Act approved August 3, 1956 

20 (7 U.S.C. 1766), $169,042,000: Provided, That of this 

21 amount, $1,000,000 is to carry out an international agri22 cultural science and technology fellowship program au23 thorized under section 7139 of Public Law 110–246: Pro24 vided further, That the Service may utilize advances of 

25 funds, or reimburse this appropriation for expenditures 

26 made on behalf of Federal agencies, public and private or-
58 

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1 ganizations and institutions under agreements executed 

2 pursuant to the agricultural food production assistance 

3 programs (7 U.S.C. 1737) and the foreign assistance pro4 grams of the United States Agency for International De5 velopment: Provided further, That funds made available 

6 for the cost of agreements under title I of the Agricultural 

7 Trade Development and Assistance Act of 1954 and for 

8 title I ocean freight differential may be used interchange9 ably between the two accounts with prior notice to the 

10 Committees on Appropriations of both Houses of Con11 gress. 

12 PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR

13 PROGRESS PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For administrative expenses to carry out the credit 

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

17 Progress Act of 1985, $2,761,000, to be transferred to 

18 and merged with the appropriation for ‘‘Farm Service 

19 Agency, Salaries and Expenses’’. 

20 PUBLIC LAW 480 TITLE II GRANTS

21 For expenses during the current fiscal year, not oth22 erwise recoverable, and unrecovered prior years’ costs, in23 cluding interest thereon, under the Agricultural Trade De24 velopment and Assistance Act of 1954, for commodities 

25 supplied in connection with dispositions abroad under title 
59 

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1 II of said Act, $1,225,900,000, to remain available until 

2 expended. 

3 COMMODITY CREDIT CORPORATION EXPORT LOANS

4 PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For administrative expenses to carry out the Com7 modity Credit Corporation’s export guarantee program, 

8 GSM 102 and GSM 103, $5,353,000; to cover common 

9 overhead expenses as permitted by section 11 of the Com10 modity Credit Corporation Charter Act and in conformity 

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

12 $4,985,000 may be transferred to and merged with the 

13 appropriation for ‘‘Foreign Agricultural Service, Salaries 

14 and Expenses’’, and of which $368,000 may be trans15 ferred to and merged with the appropriation for ‘‘Farm 

16 Service Agency, Salaries and Expenses’’. 

17 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

18 AND CHILD NUTRITION PROGRAM GRANTS

19 For necessary expenses to carry out the provisions 

20 of section 3107 of the Farm Security and Rural Invest21 ment Act of 2002 (7 U.S.C. 1736o–1), $100,000,000, to 

22 remain available until expended: Provided, That the Com23 modity Credit Corporation is authorized to provide the 

24 services, facilities, and authorities for the purpose of im25 plementing such section, subject to reimbursement from 

26 amounts provided herein. 
60 

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1 TITLE VI 

2 RELATED AGENCY AND FOOD AND DRUG 

3 ADMINISTRATION 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 FOOD AND DRUG ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Food and Drug Ad9 ministration, including hire and purchase of passenger 

10 motor vehicles; for payment of space rental and related 

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

12 activities of the Food and Drug Administration which are 

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

14 in the District of Columbia or elsewhere; for miscellaneous 

15 and emergency expenses of enforcement activities, author16 ized and approved by the Secretary and to be accounted 

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

18 $25,000; and notwithstanding section 521 of Public Law 

19 107–188; $2,603,879,000: Provided, That of the amount 

20 provided under this heading, $497,108,000 shall be de21 rived from prescription drug user fees authorized by 21 

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

23 available until expended, and shall not include any fees 

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

25 fiscal year 2010 but collected in fiscal year 2009; 
61 

S 3289 PCS 

1 $52,547,000 shall be derived from medical device user fees 

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

3 account and remain available until expended; and 

4 $15,260,000 shall be derived from animal drug user fees 

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

6 account and remain available until expended: Provided fur7 ther, That fees derived from prescription drug, medical de8 vice, and animal drug assessments for fiscal year 2009 re9 ceived during fiscal year 2009, including any such fees as10 sessed prior to fiscal year 2009 but credited for fiscal year 

11 2009, shall be subject to the fiscal year 2009 limitations: 

12 Provided further, That none of these funds shall be used 

13 to develop, establish, or operate any program of user fees 

14 authorized by 31 U.S.C. 9701: Provided further, That of 

15 the total amount appropriated: (1) $660,534,000 shall be 

16 for the Center for Food Safety and Applied Nutrition and 

17 related field activities in the Office of Regulatory Affairs; 

18 (2) $763,309,000 shall be for the Center for Drug Evalua19 tion and Research and related field activities in the Office 

20 of Regulatory Affairs, of which no less than $41,358,000 

21 shall be available for the Office of Generic Drugs; (3) 

22 $267,641,000 shall be for the Center for Biologics Evalua23 tion and Research and for related field activities in the 

24 Office of Regulatory Affairs; (4) $127,967,000 shall be 

25 for the Center for Veterinary Medicine and for related 
62 

S 3289 PCS 

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

2 $308,381,000 shall be for the Center for Devices and Ra3 diological Health and for related field activities in the Of4 fice of Regulatory Affairs; (6) $52,127,000 shall be for 

5 the National Center for Toxicological Research; (7) not 

6 to exceed $111,686,000 shall be for Rent and Related ac7 tivities, of which $41,281,000 is for White Oak Consolida8 tion, other than the amounts paid to the General Services 

9 Administration for rent; (8) not to exceed $151,381,000 

10 shall be for payments to the General Services Administra11 tion for rent; and (9) $160,853,000 shall be for other ac12 tivities, including the Office of the Commissioner; the Of13 fice of Scientific and Medical Programs; the Office of Pol14 icy, Planning and Preparedness; the Office of Inter15 national and Special Programs; the Office of Operations; 

16 and central services for these offices: Provided further, 

17 That funds may be transferred from one specified activity 

18 to another with the prior approval of the Committees on 

19 Appropriations of both Houses of Congress. 

20 In addition, mammography user fees authorized by 

21 42 U.S.C. 263b may be credited to this account, to remain 

22 available until expended. 

23 In addition, export certification user fees authorized 

24 by 21 U.S.C. 381 may be credited to this account, to re25 main available until expended. 
63 

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1 BUILDINGS AND FACILITIES

2 For plans, construction, repair, improvement, exten3 sion, alteration, and purchase of fixed equipment or facili4 ties of or used by the Food and Drug Administration, 

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

6 available until expended. 

7 INDEPENDENT AGENCY 

8 FARM CREDIT ADMINISTRATION

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 Not to exceed $50,000,000 (from assessments col11 lected from farm credit institutions, including the Federal 

12 Agricultural Mortgage Corporation) shall be obligated 

13 during the current fiscal year for administrative expenses 

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

15 limitation shall not apply to expenses associated with re16 ceiverships. 

17 TITLE VII 

18 GENERAL PROVISIONS 

19 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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

21 appropriations and authorizations made for the Depart22 ment of Agriculture for the current fiscal year under this 

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

24 specifically provided for, of not to exceed 327 passenger 
64 

S 3289 PCS 

1 motor vehicles, of which 315 shall be for replacement only, 

2 and for the hire of such vehicles. 

3 SEC. 702. New obligational authority provided for the 

4 following appropriation items in this Act shall remain 

5 available until expended: Animal and Plant Health Inspec6 tion Service, the contingency fund to meet emergency con7 ditions, information technology infrastructure, fruit fly 

8 program, emerging plant pests, cotton pests program, 

9 avian influenza programs, grasshopper, and mormon 

10 cricket program, up to $9,787,000 in animal health moni11 toring and surveillance for the animal identification sys12 tem, up to $1,500,000 in the scrapie program for indem13 nities, up to $3,739,000 for the National Veterinary 

14 Stockpile, up to $1,000,000 for wildlife services methods 

15 development, up to $1,000,000 of the wildlife services op16 erations program for aviation safety, and up to 25 percent 

17 of the screwworm program; Food Safety and Inspection 

18 Service, Public Health Data Communication Infrastruc19 ture System; Cooperative State Research, Education, and 

20 Extension Service, funds for competitive research grants 

21 (7 U.S.C. 450i(b)), and funds for the Native American 

22 Institutions Endowment Fund; Farm Service Agency, sal23 aries and expenses funds made available to county com24 mittees; Foreign Agricultural Service, middle-income 

25 country training program, and up to $2,000,000 of the 
65 

S 3289 PCS 

1 Foreign Agricultural Service appropriation solely for the 

2 purpose of offsetting fluctuations in international currency 

3 exchange rates, subject to documentation by the Foreign 

4 Agricultural Service. 

5 SEC. 703. The Secretary of Agriculture may transfer 

6 unobligated balances of discretionary funds appropriated 

7 by this Act or other available unobligated discretionary 

8 balances of the Department of Agriculture to the Working 

9 Capital Fund for the acquisition of plant and capital 

10 equipment necessary for the financial management mod11 ernization initiative and the delivery of financial, adminis12 trative, and information technology services of primary 

13 benefit to the agencies of the Department of Agriculture: 

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

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

16 Capital Fund without the prior approval of the agency ad17 ministrator: Provided further, That none of the funds 

18 transferred to the Working Capital Fund pursuant to this 

19 section shall be available for obligation without the prior 

20 approval of the Committees on Appropriations of both 

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

22 funds appropriated by this Act or made available to the 

23 Department’s Working Capital Fund shall be available for 

24 obligation or expenditure to make any changes to the De25 partment’s National Finance Center without prior ap-
66 

S 3289 PCS 

1 proval of the Committees on Appropriations of both 

2 Houses of Congress as required by section 712 of this Act. 

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

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

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

7 used to pay negotiated indirect cost rates on cooperative 

8 agreements or similar arrangements between the United 

9 States Department of Agriculture and nonprofit institu10 tions in excess of 10 percent of the total direct cost of 

11 the agreement when the purpose of such cooperative ar12 rangements is to carry out programs of mutual interest 

13 between the two parties. This does not preclude appro14 priate payment of indirect costs on grants and contracts 

15 with such institutions when such indirect costs are com16 puted on a similar basis for all agencies for which appro17 priations are provided in this Act. 

18 SEC. 706. Appropriations to the Department of Agri19 culture for the cost of direct and guaranteed loans made 

20 available in the current fiscal year shall remain available 

21 until expended to disburse obligations made in the current 

22 fiscal year for the following accounts: the Rural Develop23 ment Loan Fund program account, the Rural Electrifica24 tion and Telecommunication Loans program account, and 

25 the Rural Housing Insurance Fund program account. 
67 

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

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

3 expenses of activities related to all advisory committees, 

4 panels, commissions, and task forces of the Department 

5 of Agriculture, except for panels used to comply with nego6 tiated rule makings and panels used to evaluate competi7 tively awarded grants. 

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

9 by this Act may be used to carry out section 410 of the 

10 Federal Meat Inspection Act (21 U.S.C. 679a) or section 

11 30 of the Poultry Products Inspection Act (21 U.S.C. 

12 471). 

13 SEC. 709. No employee of the Department of Agri14 culture may be detailed or assigned from an agency or 

15 office funded by this Act to any other agency or office 

16 of the Department for more than 30 days unless the indi17 vidual’s employing agency or office is fully reimbursed by 

18 the receiving agency or office for the salary and expenses 

19 of the employee for the period of assignment. 

20 SEC. 710. None of the funds appropriated or other21 wise made available to the Department of Agriculture or 

22 the Food and Drug Administration shall be used to trans23 mit or otherwise make available to any non-Department 

24 of Agriculture or non-Department of Health and Human 

25 Services employee questions or responses to questions that 
68 

S 3289 PCS 

1 are a result of information requested for the appropria2 tions hearing process. 

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

4 Department of Agriculture by this Act may be used to ac5 quire new information technology systems or significant 

6 upgrades, as determined by the Office of the Chief Infor7 mation Officer, without the approval of the Chief Informa8 tion Officer and the concurrence of the Executive Informa9 tion Technology Investment Review Board: Provided, That 

10 notwithstanding any other provision of law, none of the 

11 funds appropriated or otherwise made available by this 

12 Act may be transferred to the Office of the Chief Informa13 tion Officer without the prior approval of the Committees 

14 on Appropriations of both Houses of Congress: Provided 

15 further, That none of the funds available to the Depart16 ment of Agriculture for information technology shall be 

17 obligated for projects over $25,000 prior to receipt of writ18 ten approval by the Chief Information Officer. 

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

20 or provided by previous Appropriations Acts to the agen21 cies funded by this Act that remain available for obligation 

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

23 any accounts in the Treasury of the United States derived 

24 by the collection of fees available to the agencies funded 
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1 by this Act, shall be available for obligation or expenditure 

2 through a reprogramming of funds which— 

3 (1) creates new programs; 

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

5 (3) increases funds or personnel by any means 

6 for any project or activity for which funds have been 

7 denied or restricted; 

8 (4) relocates an office or employees; 

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

10 or 

11 (6) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees; 

13 unless the Committees on Appropriations of both 

14 Houses of Congress are notified 15 days in advance 

15 of such reprogramming of funds. 

16 (b) None of the funds provided by this Act, or pro17 vided by previous Appropriations Acts to the agencies 

18 funded by this Act that remain available for obligation or 

19 expenditure in the current fiscal year, or provided from 

20 any accounts in the Treasury of the United States derived 

21 by the collection of fees available to the agencies funded 

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

23 for activities, programs, or projects through a reprogram24 ming of funds in excess of $500,000 or 10 percent, which25 ever is less, that: (1) augments existing programs, 
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1 projects, or activities; (2) reduces by 10 percent funding 

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

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

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

5 personnel which would result in a change in existing pro6 grams, activities, or projects as approved by Congress; un7 less the Committees on Appropriations of both Houses of 

8 Congress are notified 15 days in advance of such re9 programming of funds. 

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

11 Health and Human Services shall notify the Committees 

12 on Appropriations of both Houses of Congress before im13 plementing a program or activity not carried out during 

14 the previous fiscal year unless the program or activity is 

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

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

17 any other Act shall be used to pay the salaries and ex18 penses of personnel who prepare or submit appropriations 

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

20 the Congress of the United States for programs under the 

21 jurisdiction of the Appropriations Subcommittees on Agri22 culture, Rural Development, Food and Drug Administra23 tion, and Related Agencies that assumes revenues or re24 flects a reduction from the previous year due to user fees 

25 proposals that have not been enacted into law prior to the 
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1 submission of the Budget unless such Budget submission 

2 identifies which additional spending reductions should 

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

4 prior to the date of the convening of a committee of con5 ference for the fiscal year 2010 appropriations Act. 

6 SEC. 714. None of the funds made available to the 

7 Food and Drug Administration by this Act shall be used 

8 to close or relocate, or to plan to close or relocate, the 

9 Food and Drug Administration Division of Pharma10 ceutical Analysis in St. Louis, Missouri, outside the city 

11 or county limits of St. Louis, Missouri. 

12 SEC. 715. None of the funds made available in fiscal 

13 year 2009 or preceding fiscal years for programs author14 ized under the Agricultural Trade Development and As15 sistance Act of 1954 (7 U.S.C. 1691 et seq.) in excess 

16 of $20,000,000 shall be used to reimburse the Commodity 

17 Credit Corporation for the release of eligible commodities 

18 under section 302(f)(2)(A) of the Bill Emerson Humani19 tarian Trust Act (7 U.S.C. 1736f–1): Provided, That any 

20 such funds made available to reimburse the Commodity 

21 Credit Corporation shall only be used pursuant to section 

22 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust 

23 Act. 

24 SEC. 716. None of the funds made available by this 

25 Act may be used to issue a final rule in furtherance of, 
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1 or otherwise implement, the proposed rule on cost-sharing 

2 for animal and plant health emergency programs of the 

3 Animal and Plant Health Inspection Service published on 

4 July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg. 

5 40541). 

6 SEC. 717. There is hereby appropriated $434,000, to 

7 remain available until expended, for the Denali Commis8 sion to address deficiencies in solid waste disposal sites 

9 which threaten to contaminate rural drinking water sup10 plies. 

11 SEC. 718. Funds made available under section 1240I 

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

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

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

15 available until expended to disburse obligations made in 

16 the current fiscal year. 

17 SEC. 719. Notwithstanding any other provision of 

18 law, any former RUS borrower that has repaid or prepaid 

19 an insured, direct or guaranteed loan under the Rural 

20 Electrification Act, or any not-for-profit utility that is eli21 gible to receive an insured or direct loan under such Act, 

22 shall be eligible for assistance under section 313(b)(2)(B) 

23 of such Act in the same manner as a borrower under such 

24 Act. 
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1 SEC. 720. Notwithstanding any other provision of 

2 law, the Secretary of Agriculture is authorized to make 

3 funding and other assistance available through the emer4 gency watershed protection program under section 403 of 

5 the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to 

6 repair and prevent damage to non-Federal land in water7 sheds that have been impaired by fires initiated by the 

8 Federal Government and shall waive cost sharing require9 ments for the funding and assistance. 

10 SEC. 721. None of the funds appropriated or other11 wise made available by this or any other Act shall be used 

12 to pay the salaries and expenses of personnel to carry out: 

13 (a) a farmland protection program as authorized by 

14 section 2401 of Public Law 110–246 in excess of 

15 $106,000,000; 

16 (b) a grassland reserve program as authorized by sec17 tion 2403 of Public Law 110–246 in excess of 

18 $48,000,000; 

19 (c) an environmental quality incentives program as 

20 authorized by section 2501 of Public Law 110–246 in ex21 cess of $1,052,000,000; 

22 (d) a wildlife habitat incentive program as authorized 

23 by section 2602 of Public Law 110–246 in excess of 

24 $74,000,000; 
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1 (e) a voluntary public access program as authorized 

2 by section 2606 of Public Law 110–246 in excess of 

3 $45,000,000; 

4 (f) an agricultural management assistance program 

5 as authorized by section 2801 of Public Law 110–246 in 

6 excess of $10,000,000; 

7 (g) none of the unobligated balances in excess of 

8 $30,000,000 may be used to carry out a dam rehabilita9 tion program as authorized by section 14(h)(1)(E) of the 

10 Watershed Protection and Flood Preservation Act (16 

11 U.S.C. 1012(h)(1)(E)). In addition, no funds shall be used 

12 to carry out a dam rehabilitation program as authorized 

13 by section 14(h)(1)(G) of the Watershed Protection and 

14 Flood Preservation Act (16 U.S.C. 1012(h)(1)(G)); 

15 (h) a value-added products grant program as author16 ized by section 6202 of Public Law 110–246; 

17 (i) an organics research program as authorized by 

18 section 7206 of Public Law 110–246 in excess of 

19 $16,000,000; 

20 (j) a specialty crop research program as authorized 

21 by section 7311 of Public Law 110–246 in excess of 

22 $36,000,000; 

23 (k) a beginning farmers and ranchers research pro24 gram as authorized by section 7410 of Public Law 110– 

25 246 in excess of $16,000,000; 
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1 (l) a healthy forest reserve programs as authorized 

2 by section 8205 of Public Law 110–246 in excess of 

3 $8,000,000; 

4 (m) a biorefinery assistance program as authorized 

5 by section 9003 of the Farm Security and Rural Invest6 ment Act of 2002 (7 U.S.C. 8101 et seq.) in excess of 

7 $72,000,000; 

8 (n) a repowering assistance program as authorized by 

9 section 9004 of the Farm Security and Rural Investment 

10 Act of 2002 (7 U.S.C. 8101 et seq.) in excess of 

11 $8,000,000; 

12 (o) a rural energy for America program as authorized 

13 by section 9007 of the Farm Security and Rural Invest14 ment Act of 2002 (7 U.S.C. 8101 et seq.); 

15 (p) a specialty crops block grant program as author16 ized by section 10109 of Public Law 110–246 in excess 

17 of $44,000,000; and 

18 (q) a program under subsection (b)(2)(A)(i) of sec19 tion 14222 of Public Law 110–246 in excess of 

20 $1,014,000,000: Provided, That none of the funds made 

21 available in this Act or any other Act shall be used for 

22 salaries and expenses to carry out section 19(i)(1)(B) of 

23 the Richard B. Russell National School Lunch Act as 

24 amended by section 4304 of Public Law 110–246 in excess 

25 of $16,000,000 until October 1, 2009. 
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1 SEC. 722. There is hereby appropriated $3,724,000, 

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

5 the natural products research grant issued by the Food 

6 and Drug Administration. 

7 SEC. 723. There is hereby appropriated $500,000, to 

8 remain available until expended, for the planning and de9 sign of construction of an agriculture pest facility in the 

10 State of Hawaii. 

11 SEC. 724. There is hereby appropriated $794,000 to 

12 the Farm Service Agency to carry out a pilot program to 

13 demonstrate the use of new technologies that increase the 

14 rate of growth of re-forested hardwood trees on private 

15 non-industrial forests lands, enrolling lands on the coast 

16 of the Gulf of Mexico that were damaged by Hurricane 

17 Katrina in 2005. 

18 SEC. 725. Notwithstanding any other provision of 

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

20 2010, the Secretary of Agriculture shall consider: the City 

21 of Healdsburg, California; the City of Havelock, North 

22 Carolina; and the City of Newton, North Carolina, to be 

23 rural areas for the purposes of eligibility for loans and 

24 grants funded through the Rural Water and Waste Dis25 posal account; and the County of Nueces, Texas, shall be 
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1 considered a rural area for the purposes of financing a 

2 beef processing facility under the Business and Industry 

3 Loan Guarantee Program, in a local area that has rural 

4 characteristics as determined by the Secretary. 

5 SEC. 726. There is hereby appropriated $2,500,000 

6 for section 4401 of Public Law 110–246. 

7 SEC. 727. Notwithstanding any other provision of 

8 law, there is hereby appropriated $2,000,000, of which 

9 $1,500,000 shall be for a grant to the Wisconsin Depart10 ment of Agriculture, Trade, and Consumer Protection 

11 (DATCP), and $500,000 shall be for a grant to the 

12 Vermont Agency of Agriculture, Foods, and Markets, as 

13 authorized by section 6402 of the Farm Security and 

14 Rural Investment Act of 2002 (7 U.S.C. 1621 note). 

15 SEC. 728. Notwithstanding any other provision of 

16 law, the Natural Resources Conservation Service shall pro17 vide financial and technical assistance— 

18 (1) through the Watershed and Flood Preven19 tion Operations program for the Pocasset River 

20 Floodplain Management Project in the State of 

21 Rhode Island; 

22 (2) through the Watershed and Flood Preven23 tion Operations program to carry out the East Lo24 cust Creek Watershed Plan Revision in Missouri, in25 cluding up to 100 percent of the engineering assist-
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1 ance and 75 percent cost share for construction cost 

2 of site RW1; 

3 (3) through the Watershed and Flood Preven4 tion Operations program to carry out the Little 

5 Otter Creek Watershed project in Missouri. The 

6 sponsoring local organization may obtain land rights 

7 by perpetual easements; 

8 (4) through the Watershed and Flood Preven9 tion Operations program to carry out the Churchill 

10 Woods Dam Removal project in DuPage County, Il11 linois; and 

12 (5) through the Watershed and Flood Preven13 tion Operations program to carry out the Dunloup 

14 Creek Watershed Project in Fayette and Raleigh 

15 Counties, West Virginia. 

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

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

18 amended— 

19 (1) by striking ‘‘eight’’ and inserting ‘‘nine’’; 

20 (2) by striking ‘‘six’’ and inserting ‘‘seven’’; and 

21 (3) by inserting ‘‘Vermont,’’ after the first in22 stance of ‘‘States shall be’’. 

23 SEC. 730. Subsection 382K(c) of the Delta Regional 

24 Authority Act of 2000 (7 U.S.C. 2009aa–10(c)) is re25 pealed. 
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1 SEC. 731. Notwithstanding any other provision of 

2 law, the Chief of the Natural Resources Conservation 

3 Service shall provide funds, from within prior year discre4 tionary balances that are available for obligation, for the 

5 settlement of claims associated with the Houlka Water6 shed Project to close out this project. 

7 SEC. 732. Notwithstanding any other provision of 

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

9 Agricultural Research, Extension, and Education Reform 

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

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

12 from non-Federal sources under section 412(e)(3) in the 

13 form of unrecovered indirect costs not otherwise charged 

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

15 approved for a recipient. 

16 SEC. 733. Amounts made available by this Act shall 

17 be provided in accordance with the terms and conditions 

18 as specified in the report accompanying this Act. 

19 SEC. 734. Section 343 of the Consolidated Farm and 

20 Rural Development Act (7 U.S.C. 1991) is amended— 

21 (1) in subsection (a), by inserting ‘‘and, in the 

22 case of subtitle B, commercial fishing’’ before the 

23 period at the end of each of paragraphs (1) and (2); 

24 and 

25 (2) by adding at the end the following: 
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1 ‘‘(c) DEFINITION OF FARM.—In subtitle B, the term 

2 ‘farm’ includes a commercial fishing enterprise owned or 

3 operated by a geographically disadvantaged farmer or 

4 rancher (as defined in section 10906(a) of the Farm Secu5 rity and Rural Investment Act of 2002 (7 U.S.C. 2204 

6 note; Public Law 107–171), except that for purposes of 

7 this subsection the term ‘farmer or rancher’ as used in 

8 that section shall include a commercial fisherman).’’. 

9 SEC. 735. EXEMPTION FROM AQI USER FEES. (a) 

10 IN GENERAL.—Notwithstanding any other provision of 

11 law (including regulations), the owner or operator of any 

12 commercial truck described in subsection (b) shall be ex13 empt from the payment of any agricultural quarantine and 

14 inspection user fee. 

15 (b) COMMERCIAL TRUCKS.—A commercial truck re16 ferred to in subsection (a) is a commercial truck that— 

17 (1) originates in the State of Alaska and reen18 ters the customs territory of the United States di19 rectly from Canada; or 

20 (2) originates in the customs territory of the 

21 United States (other than the State of Alaska) and 

22 transits through the customs territory of Canada di23 rectly before entering the State of Alaska. 
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1 (c) SEALED CARGO AREAS.—A cargo area of any 

2 commercial truck carrying an agricultural product shall 

3 remain sealed during transit through Canada. 

4 SEC. 736. None of the funds made available by this 

5 Act may be used to pay the salaries and expenses of any 

6 individual to conduct any activities that would allow the 

7 importation into the United States of any ruminant or 

8 swine, or any fresh (including chilled or frozen) meat or 

9 product of any ruminant or swine, that is born, raised, 

10 or slaughtered in Argentina until the Secretary of Agri11 culture certifies to Congress that every region of Argen12 tina is free of foot and mouth disease without vaccination. 

13 SEC. 737. Section 910(a) of the Trade Sanctions Re14 form and Export Enhancement Act of 2000 (22 U.S.C. 

15 7209(a)) is amended to read as follows: 

16 ‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO

17 COMMERCIAL SALES OF AGRICULTURAL AND MEDICAL

18 GOODS.—The Secretary of the Treasury shall promulgate 

19 regulations under which the travel-related transactions 

20 listed in paragraph (c) of section 515.560 of title 31, Code 

21 of Federal Regulations, are authorized by general license 

22 for travel to, from, or within Cuba for the marketing and 

23 sale of agricultural and medical goods pursuant to the pro24 visions of this title.’’. 
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1 This Act may be cited as the ‘‘Agriculture, Rural De2 velopment, Food and Drug Administration, and Related 

3 Agencies Appropriations Act, 2009’’. 

Calendar No. 890 

110TH CONGRESS 

2D SESSION S. 3289 

[Report No. 110–426] 

A BILL 

Making appropriations for Agriculture, Rural Deposes. ending September 30, 2009, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and 

JULY 21 (legislative day, JULY 17), 2008 

Read twice and placed on the calendar