II 

Calendar No. 464 

111TH CONGRESS 

2D SESSION S. 3606 

[Report No. 111–221] 

Making appropriations for Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies programs for the fiscal year ending 

September 30, 2011, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2010 

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, 2011, 

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, 2011, 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, $5,338,000: Provided, That not to exceed 

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

11 for, as determined by the Secretary. 

12 OFFICE OF TRIBAL RELATIONS

13 For necessary expenses of the Office of Tribal Rela14 tions, $1,010,000, to support communication and con15 sultation activities with Federally Recognized Tribes, as 

16 well as other requirements established by law. 

17 HEALTHY FOOD FINANCING INITIATIVE

18 For necessary expenses of the Secretary to carry out 

19 demonstration projects to increase access to healthy foods 

20 through retail outlets in predominantly rural areas, 

21 $15,000,000, to remain available until September 30, 

22 2012, which the Secretary may use for the cost of grants 

23 (including for technical assistance), loans, and loan guar24 antees; and may use, not to exceed $400,000, for the Fed25 eral administrative costs of carrying out and evaluating 
3 

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1 such demonstration projects: Provided, That in addition, 

2 to further enable the Secretary to carry out such dem3 onstration projects, the Secretary may also reserve a total, 

4 in aggregate, of up to $15,000,000 of the funds made 

5 available in this or any other Act for programs currently 

6 administered by the Secretary and described in section 

7 379E and paragraphs (1) and (3) of section 381E(d)(1)of 

8 the Consolidated Farm and Rural Development Act (7 

9 U.S.C. 2008s and 2009d(d)(1) and (3)); 7 U.S.C. 1932 

10 note; and section 6 of the Farmer-to-Consumer Direct 

11 Marketing Act of 1976 (7 U.S.C. 3005): Provided further, 

12 That the Secretary, under the prior proviso, may reserve 

13 not more than 10 percent of the funding available for a 

14 specific program activity for the programs specified there15 in: Provided further, That the Secretary, to carry out such 

16 demonstration projects, may use one or more consolidated 

17 solicitation and application processes: Provided further, 

18 That any funds provided for under this heading for such 

19 demonstration projects shall be in addition to any other 

20 funds that the Secretary may use for carrying out such 

21 projects: Provided further, That no funds made available 

22 under this heading shall be derived from amounts that 

23 were designated by the Congress as an emergency require24 ment pursuant to the Concurrent Resolution on the Budg-
4 

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1 et or the Balanced Budget and Emergency Deficit Control 

2 Act of 1985, as amended. 

3 EXECUTIVE OPERATIONS

4 OFFICE OF THE CHIEF ECONOMIST

5 For necessary expenses of the Office of the Chief 

6 Economist, $13,100,000. 

7 NATIONAL APPEALS DIVISION

8 For necessary expenses of the National Appeals Divi9 sion, $15,424,000. 

10 OFFICE OF BUDGET AND PROGRAM ANALYSIS

11 For necessary expenses of the Office of Budget and 

12 Program Analysis, $9,547,000. 

13 OFFICE OF HOMELAND SECURITY

14 For necessary expenses of the Office of Homeland Se15 curity, $1,876,000. 

16 OFFICE OF ADVOCACY AND OUTREACH

17 For necessary expenses of the Office of Advocacy and 

18 Outreach, $1,709,000. 

19 OFFICE OF THE CHIEF INFORMATION OFFICER

20 For necessary expenses of the Office of the Chief In21 formation Officer, $63,719,000. 

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Fi24 nancial Officer, $6,632,000: Provided, That no funds 

25 made available by this appropriation may be obligated for 
5 

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

2 has submitted to the Committees on Appropriations of 

3 both Houses of Congress and the Committee on Oversight 

4 and Government Reform of the House of Representatives 

5 a report on the Department’s contracting out policies, in6 cluding agency budgets for contracting out. 

7 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

8 RIGHTS

9 For necessary expenses of the Office of the Assistant 

10 Secretary for Civil Rights, $907,000. 

11 OFFICE OF CIVIL RIGHTS

12 For necessary expenses of the Office of Civil Rights, 

13 $24,133,000. 

14 OFFICE OF THE ASSISTANT SECRETARY FOR

15 ADMINISTRATION

16 For necessary expenses of the Office of the Assistant 

17 Secretary for Administration, $814,000. 

18 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

19 PAYMENTS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For payment of space rental and related costs pursu22 ant to Public Law 92–313, including authorities pursuant 

23 to the 1984 delegation of authority from the Adminis24 trator of General Services to the Department of Agri25 culture under 40 U.S.C. 486, for programs and activities 
6 

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

2 alterations and other actions needed for the Department 

3 and its agencies to consolidate unneeded space into con4 figurations suitable for release to the Administrator of 

5 General Services, and for the operation, maintenance, im6 provement, and repair of Agriculture buildings and facili7 ties, and for related costs, $269,191,000, to remain avail8 able until expended, of which $178,470,000 shall be avail9 able for payments to the General Services Administration 

10 for rent; of which $13,800,000 for payment to the Depart11 ment of Homeland Security for building security activities; 

12 and of which $76,921,000 for buildings operations and 

13 maintenance expenses: Provided, That the Secretary is au14 thorized to transfer funds from a Departmental agency 

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

16 security expenses of that agency that are funded by this 

17 account when the actual costs exceed the agency estimate 

18 which will be available for the activities and payments de19 scribed herein. 

20 HAZARDOUS MATERIALS MANAGEMENT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Department of Agri23 culture, to comply with the Comprehensive Environmental 

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

25 9601 et seq.) and the Resource Conservation and Recovery 
7 

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1 Act (42 U.S.C. 6901 et seq.), $5,139,000, to remain avail2 able until expended: Provided, That appropriations and 

3 funds available herein to the Department for Hazardous 

4 Materials Management may be transferred to any agency 

5 of the Department for its use in meeting all requirements 

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

7 lands. 

8 DEPARTMENTAL ADMINISTRATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 For Departmental Administration, $28,706,000, to 

11 provide for necessary expenses for management support 

12 services to offices of the Department and for general ad13 ministration, security, repairs and alterations, and other 

14 miscellaneous supplies and expenses not otherwise pro15 vided for and necessary for the practical and efficient work 

16 of the Department: Provided, That this appropriation shall 

17 be reimbursed from applicable appropriations in this Act 

18 for travel expenses incident to the holding of hearings as 

19 required by 5 U.S.C. 551–558. 

20 OFFICE OF THE ASSISTANT SECRETARY FOR

21 CONGRESSIONAL RELATIONS

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Office of the Assistant 

24 Secretary for Congressional Relations to carry out the pro25 grams funded by this Act, including programs involving 
8 

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1 intergovernmental affairs and liaison within the executive 

2 branch, $4,008,000: Provided, That these funds may be 

3 transferred to agencies of the Department of Agriculture 

4 funded by this Act to maintain personnel at the agency 

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

6 this appropriation may be obligated after 30 days from 

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

8 has notified the Committees on Appropriations of both 

9 Houses of Congress on the allocation of these funds by 

10 USDA agency: Provided further, That no other funds ap11 propriated to the Department by this Act shall be available 

12 to the Department for support of activities of congres13 sional relations. 

14 OFFICE OF COMMUNICATIONS

15 For necessary expenses of the Office of Communica16 tions, $9,839,000. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General, including employment pursuant to the Inspector 

20 General Act of 1978, $89,744,000, including such sums 

21 as may be necessary for contracting and other arrange22 ments with public agencies and private persons pursuant 

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

24 and including not to exceed $125,000 for certain confiden25 tial operational expenses, including the payment of inform-
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1 ants, to be expended under the direction of the Inspector 

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

3 of Public Law 97–98. 

4 OFFICE OF THE GENERAL COUNSEL

5 For necessary expenses of the Office of the General 

6 Counsel, $44,104,000. 

7 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

8 EDUCATION AND ECONOMICS

9 For necessary expenses of the Office of the Under 

10 Secretary for Research, Education and Economics, 

11 $904,000. 

12 ECONOMIC RESEARCH SERVICE

13 For necessary expenses of the Economic Research 

14 Service, $83,671,000. 

15 NATIONAL AGRICULTURAL STATISTICS SERVICE

16 For necessary expenses of the National Agricultural 

17 Statistics Service, $163,721,000, of which up to 

18 $33,494,000 shall be available until expended for the Cen19 sus of Agriculture. 

20 AGRICULTURAL RESEARCH SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the Agricultural Research 

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

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

25 for land exchanges where the lands exchanged shall be of 
10 

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1 equal value or shall be equalized by a payment of money 

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

3 total value of the land or interests transferred out of Fed4 eral ownership, $1,216,825,000: Provided, That appro5 priations hereunder shall be available for the operation 

6 and maintenance of aircraft and the purchase of not to 

7 exceed one for replacement only: Provided further, That 

8 appropriations hereunder shall be available pursuant to 7 

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

10 of buildings and improvements, but unless otherwise pro11 vided, the cost of constructing any one building shall not 

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

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

14 10 buildings to be constructed or improved at a cost not 

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

16 building during the fiscal year shall not exceed 10 percent 

17 of the current replacement value of the building or 

18 $375,000, whichever is greater: Provided further, That the 

19 limitations on alterations contained in this Act shall not 

20 apply to modernization or replacement of existing facilities 

21 at Beltsville, Maryland: Provided further, That the fore22 going limitations shall not apply to the purchase of land 

23 from the Maine Farmland Trust, Unity, Maine; for the 

24 purpose of establishing an organic agricultural research 

25 program: Provided further, That appropriations hereunder 
11 

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1 shall be available for granting easements at the Beltsville 

2 Agricultural Research Center: Provided further, That the 

3 foregoing limitations shall not apply to replacement of 

4 buildings needed to carry out the Act of April 24, 1948 

5 (21 U.S.C. 113a): Provided further, That funds may be 

6 received from any State, other political subdivision, orga7 nization, or individual for the purpose of establishing or 

8 operating any research facility or research project of the 

9 Agricultural Research Service, as authorized by law. 

10 BUILDINGS AND FACILITIES

11 For acquisition of land, construction, repair, improve12 ment, extension, alteration, and purchase of fixed equip13 ment or facilities as necessary to carry out the agricultural 

14 research programs of the Department of Agriculture, 

15 where not otherwise provided, $44,000,000, to remain 

16 available until expended. 

17 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

18 RESEARCH AND EDUCATION ACTIVITIES

19 For payments to agricultural experiment stations, for 

20 cooperative forestry and other research, for facilities, and 

21 for other expenses, $780,720,000, as follows: to carry out 

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

23 i), $215,000,000; for grants for cooperative forestry re24 search (16 U.S.C. 582a through a–7), $29,000,000; for 

25 payments to eligible institutions (7 U.S.C. 3222), 
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1 $48,500,000, provided that each institution receives no 

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

3 450i(c)), $49,686,000; for competitive grants on improved 

4 pest control (7 U.S.C. 450i(c)), $16,185,000; for competi5 tive grants (7 U.S.C. 450(i)(b)), $310,074,000, to remain 

6 available until expended; for the support of animal health 

7 and disease programs (7 U.S.C. 3195), $2,950,000; for 

8 supplemental and alternative crops and products (7 

9 U.S.C. 3319d), $835,000; for grants for research pursu10 ant to the Critical Agricultural Materials Act (7 U.S.C. 

11 178 et seq.), $1,083,000, to remain available until ex12 pended; for the 1994 research grants program for 1994 

13 institutions pursuant to section 536 of Public Law 103– 

14 382 (7 U.S.C. 301 note), $1,805,000, to remain available 

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

16 3333), $983,000; for higher education graduate fellowship 

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

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

19 pursuant to section 1415A of the National Agricultural 

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

21 U.S.C. 3151a), $5,000,000, to remain available until ex22 pended; for higher education challenge grants (7 U.S.C. 

23 3152(b)(1)), $5,654,000; for a higher education multicul24 tural scholars program (7 U.S.C. 3152(b)(5)), 

25 $1,241,000, to remain available until expended (7 U.S.C. 
13 

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1 2209b); for an education grants program for Hispanic2 serving Institutions (7 U.S.C. 3241), $9,237,000; for com3 petitive grants for the purpose of carrying out all provi4 sions of 7 U.S.C. 3156 to individual eligible institutions 

5 or consortia of eligible institutions in Alaska and in Ha6 waii, with funds awarded equally to each of the States of 

7 Alaska and Hawaii, $3,200,000; for a secondary agri8 culture education program and 2-year post-secondary edu9 cation, (7 U.S.C. 3152(j)), $983,000; for aquaculture 

10 grants (7 U.S.C. 3322), $3,928,000; for sustainable agri11 culture research and education (7 U.S.C. 5811), 

12 $15,000,000; for a program of capacity building grants 

13 (7 U.S.C. 3152(b)(4)) to institutions eligible to receive 

14 funds under 7 U.S.C. 3221 and 3222, $18,250,000, to 

15 remain available until expended (7 U.S.C. 2209b); for pay16 ments to the 1994 Institutions pursuant to section 

17 534(a)(1) of Public Law 103–382, $3,342,000; for resi18 dent instruction grants for insular areas under section 

19 1491 of the National Agricultural Research, Extension, 

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

21 $900,000; for distance education grants for insular areas 

22 under section 1490 of the National Agricultural Research, 

23 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

24 3362), $750,000; for a new era rural technology program 

25 pursuant to section 1473E of the National Agricultural 
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1 Research, Extension, and Teaching Policy Act of 1977 (7 

2 U.S.C. 3319e), $875,000; for a competitive grants pro3 gram for farm business management and benchmarking 

4 (7 U.S.C. 5925f), $1,500,000; for a competitive grants 

5 program regarding biobased energy (7 U.S.C. 8114), 

6 $2,250,000; and for necessary expenses of Research and 

7 Education Activities, $28,650,000, of which $2,704,000 

8 for the Research, Education, and Economics Information 

9 System and $2,136,000 for the Electronic Grants Infor10 mation System, are to remain available until expended. 

11 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

12 For the Native American Institutions Endowment 

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

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

15 HISPANIC-SERVING AGRICULTURAL COLLEGES AND

16 UNIVERSITIES ENDOWMENT FUND

17 For the Hispanic-Serving Agricultural Colleges and 

18 Universities Endowment Fund under section 1456 (7 

19 U.S.C. 3243) of the National Agricultural Research, Ex20 tension, and Teaching Policy Act of 1977, $10,000,000,to 

21 remain available until expended. 

22 EXTENSION ACTIVITIES

23 For payments to States, the District of Columbia, 

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

25 Northern Marianas, and American Samoa, $491,231,000, 
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1 as follows: payments for cooperative extension work under 

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

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

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

5 costs for extension agents, $297,500,000; payments for 

6 extension work at the 1994 Institutions under the Smith7 Lever Act (7 U.S.C. 343(b)(3)), $5,321,000; payments for 

8 the nutrition and family education program for low-income 

9 areas under section 3(d) of the Act, $68,070,000; pay10 ments for the pest management program under section 

11 3(d) of the Act, $9,938,000; payments for the farm safety 

12 program under section 3(d) of the Act, $4,863,000; pay13 ments for New Technologies for Ag Extension under sec14 tion 3(d) of the Act, $1,750,000; payments to upgrade re15 search, extension, and teaching facilities at institutions eli16 gible to receive funds under 7 U.S.C. 3221 and 3222, 

17 $19,770,000, to remain available until expended; pay18 ments for youth-at-risk programs under section 3(d) of the 

19 Smith-Lever Act, $8,412,000; for youth farm safety edu20 cation and certification extension grants, to be awarded 

21 competitively under section 3(d) of the Act, $486,000; 

22 payments for carrying out the provisions of the Renewable 

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

24 seq.), $4,068,000; payments for the federally recognized 

25 Tribes Extension Program under section 3(d) of the 
16 

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1 Smith-Lever Act, $3,500,000; payments for sustainable 

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

3 $5,000,000; payments for rural health and safety edu4 cation as authorized by section 502(i) of Public Law 92– 

5 419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooper6 ative extension work by eligible institutions (7 U.S.C. 

7 3221), $42,677,000, provided that each institution re8 ceives no less than $1,000,000; for grants to youth organi9 zations pursuant to 7 U.S.C. 7630, $1,000,000; payments 

10 to carry out the food animal residue avoidance database 

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

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

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

14 U.S.C. 5925), as amended, $400,000; and for necessary 

15 expenses of Extension Activities, $15,738,000. 

16 INTEGRATED ACTIVITIES

17 For the integrated research, education, and extension 

18 grants programs, including necessary administrative ex19 penses, $38,577,000, as follows: for competitive grants 

20 programs authorized under section 406 of the Agricultural 

21 Research, Extension, and Education Reform Act of 1998 

22 (7 U.S.C. 7626), $20,703,000, including $12,649,000 for 

23 the water quality program, $3,054,000 for the methyl bro24 mide transition program, and $5,000,000 for the organic 

25 transition program; for a competitive international science 
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1 and education grants program authorized under section 

2 1459A of the National Agricultural Research, Extension, 

3 and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to 

4 remain available until expended, $3,000,000; for grants 

5 programs authorized under section 2(c)(1)(B) of Public 

6 Law 89–106, as amended, $732,000, to remain available 

7 until September 30, 2012, for the critical issues program; 

8 $1,312,000 for the regional rural development centers pro9 gram; for grants authorized under section 1624 (7 U.S.C. 

10 5813),$3,000,000; and $9,830,000 for the Food and Agri11 culture Defense Initiative authorized under section 1484 

12 of the National Agricultural Research, Extension, and 

13 Teaching Policy Act of 1977, to remain available until 

14 September 30, 2012. 

15 OFFICE OF THE UNDER SECRETARY FOR MARKETING

16 AND REGULATORY PROGRAMS

17 For necessary expenses of the Office of the Under 

18 Secretary for Marketing and Regulatory Programs, 

19 $904,000. 

20 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Animal and Plant 

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

25 representation allowances and for expenses pursuant to 
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1 the Foreign Service Act of 1980 (22 U.S.C. 4085), 

2 $926,609,000, of which $22,254,000 shall be used for the 

3 cotton pests program for cost share purposes or for debt 

4 retirement for active eradication zones; of which $900,000 

5 shall be for activities under the authority of the Horse 

6 Protection Act of 1970, as amended (15 U.S.C. 1831); 

7 of which $47,219,000 shall be used to prevent and control 

8 avian influenza and shall remain available until expended: 

9 Provided, That $2,085,000 for the control of outbreaks 

10 of insects, plant diseases, animal diseases and for control 

11 of pest animals and birds (‘‘contingency fund’’) to the ex12 tent necessary to meet emergency conditions, $4,474,000 

13 for information technology infrastructure, $63,568,000 

14 for the fruit fly program, $164,949,000for emerging plant 

15 pests, cotton pests program, $5,637,000 for the grass16 hopper and mormon cricket program, $2,215,000for the 

17 plum pox program, $3,771,000for the National Veterinary 

18 Stockpile, $1,500,000 in the scrapie program for indem19 nities, $1,000,000 for wildlife services methods develop20 ment, $1,500,000 of the wildlife services operations pro21 gram for aviation safety, and $5,060,750 of the 

22 screwworm program shall remain available until expended: 

23 Provided further, That no funds shall be used to formulate 

24 or administer a brucellosis eradication program for the 

25 current fiscal year that does not require minimum match-
19 

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1 ing by the States of at least 40 percent: Provided further, 

2 That this appropriation shall be available for the operation 

3 and maintenance of aircraft and the purchase of not to 

4 exceed four, of which two shall be for replacement only: 

5 Provided further, That, in addition, in emergencies which 

6 threaten any segment of the agricultural production indus7 try of this country, the Secretary may transfer from other 

8 appropriations or funds available to the agencies or cor9 porations of the Department such sums as may be deemed 

10 necessary, to be available only in such emergencies for the 

11 arrest and eradication of contagious or infectious disease 

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

13 in accordance with sections 10411 and 10417 of the Ani14 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 

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

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

17 funds transferred for such emergency purposes in the pre18 ceding fiscal year shall be merged with such transferred 

19 amounts: Provided further, That appropriations hereunder 

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

21 repair and alteration of leased buildings and improve22 ments, but unless otherwise provided the cost of altering 

23 any one building during the fiscal year shall not exceed 

24 10 percent of the current replacement value of the build25 ing. 
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1 In fiscal year 2011, the agency is authorized to collect 

2 fees to cover the total costs of providing technical assist3 ance, goods, or services requested by States, other political 

4 subdivisions, domestic and international organizations, 

5 foreign governments, or individuals, provided that such 

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

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

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

9 fees shall be reimbursed to this account, to remain avail10 able until expended, without further appropriation, for 

11 providing such assistance, goods, or services. 

12 BUILDINGS AND FACILITIES

13 For plans, construction, repair, preventive mainte14 nance, environmental support, improvement, extension, al15 teration, and purchase of fixed equipment or facilities, as 

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

17 authorized by 7 U.S.C. 428a, $4,712,000, to remain avail18 able until expended. 

19 AGRICULTURAL MARKETING SERVICE

20 MARKETING SERVICES

21 For necessary expenses of the Agricultural Marketing 

22 Service, $96,955,000: Provided, That this appropriation 

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

24 alteration and repair of buildings and improvements, but 

25 the cost of altering any one building during the fiscal year 
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1 shall not exceed 10 percent of the current replacement 

2 value of the building. 

3 Fees may be collected for the cost of standardization 

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

5 U.S.C. 9701). 

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 Not to exceed $60,947,000 (from fees collected) shall 

8 be obligated during the current fiscal year for administra9 tive expenses: Provided, That if crop size is understated 

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

11 exceed this limitation by up to 10 percent with notification 

12 to the Committees on Appropriations of both Houses of 

13 Congress. 

14 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

15 SUPPLY (SECTION 32)

16 (INCLUDING TRANSFERS OF FUNDS)

17 Funds available under section 32 of the Act of Au18 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com19 modity program expenses as authorized therein, and other 

20 related operating expenses, except for: (1) transfers to the 

21 Department of Commerce as authorized by the Fish and 

22 Wildlife Act of August 8, 1956; (2) transfers otherwise 

23 provided in this Act; and (3) not more than $20,283,000 

24 for formulation and administration of marketing agree-
22 

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1 ments and orders pursuant to the Agricultural Marketing 

2 Agreement Act of 1937 and the Agricultural Act of 1961. 

3 PAYMENTS TO STATES AND POSSESSIONS

4 For payments to departments of agriculture, bureaus 

5 and departments of markets, and similar agencies for 

6 marketing activities under section 204(b) of the Agricul7 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

8 $2,484,000. 

9 GRAIN INSPECTION, PACKERS AND STOCKYARDS

10 ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Grain Inspection, 

13 Packers and Stockyards Administration, $44,192,000: 

14 Provided, That this appropriation shall be available pursu15 ant to law (7 U.S.C. 2250) for the alteration and repair 

16 of buildings and improvements, but the cost of altering 

17 any one building during the fiscal year shall not exceed 

18 10 percent of the current replacement value of the build19 ing. 

20 LIMITATION ON INSPECTION AND WEIGHING SERVICES

21 EXPENSES

22 Not to exceed $50,000,000 (from fees collected) shall 

23 be obligated during the current fiscal year for inspection 

24 and weighing services: Provided, That if grain export ac25 tivities require additional supervision and oversight, or 
23 

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1 other uncontrollable factors occur, this limitation may be 

2 exceeded by up to 10 percent with notification to the Com3 mittees on Appropriations of both Houses of Congress. 

4 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

5 For necessary expenses of the Office of the Under 

6 Secretary for Food Safety, $821,000. 

7 FOOD SAFETY AND INSPECTION SERVICE

8 For necessary expenses to carry out services author9 ized by the Federal Meat Inspection Act, the Poultry 

10 Products Inspection Act, and the Egg Products Inspection 

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

12 allowances and for expenses pursuant to section 8 of the 

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

14 $1,047,200,000; and in addition, $1,000,000 may be cred15 ited to this account from fees collected for the cost of lab16 oratory accreditation as authorized by section 1327 of the 

17 Food, Agriculture, Conservation and Trade Act of 1990 

18 (7 U.S.C. 138f): Provided, That funds provided for the 

19 Public Health Data Communication Infrastructure system 

20 and implementation of section 11016 of Public Law 110– 

21 246 shall remain available until expended: Provided fur22 ther, That no fewer than 148 full-time equivalent positions 

23 shall be employed during fiscal year 2011 for purposes 

24 dedicated solely to inspections and enforcement related to 

25 the Humane Methods of Slaughter Act: Provided further, 
24 

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1 That of the amount available under this heading, 

2 $3,000,000 shall be obligated to maintain the Humane 

3 Animal Tracking System as part of the Public Health 

4 Data Communication Infrastructure System: Provided 

5 further, That this appropriation shall be available pursu6 ant to law (7 U.S.C. 2250) for the alteration and repair 

7 of buildings and improvements, but the cost of altering 

8 any one building during the fiscal year shall not exceed 

9 10 percent of the current replacement value of the build10 ing. 

11 OFFICE OF THE UNDER SECRETARY FOR FARM AND

12 FOREIGN AGRICULTURAL SERVICES

13 For necessary expenses of the Office of the Under 

14 Secretary for Farm and Foreign Agricultural Services, 

15 $904,000. 

16 FARM SERVICE AGENCY

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of the Farm Service Agency, 

20 $1,343,350,000: Provided, That the Secretary is author21 ized to use the services, facilities, and authorities (but not 

22 the funds) of the Commodity Credit Corporation to make 

23 program payments for all programs administered by the 

24 Agency: Provided further, That other funds made available 

25 to the Agency for authorized activities may be advanced 
25 

•S 3606 PCS

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

2 funds made available to county committees shall remain 

3 available until expended. 

4 STATE MEDIATION GRANTS

5 For grants pursuant to section 502(b) of the Agricul6 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

7 5106), $4,369,000. 

8 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

9 For necessary expenses to carry out wellhead or 

10 groundwater protection activities under section 1240O of 

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

12 $6,000,000, to remain available until expended. 

13 DAIRY INDEMNITY PROGRAM

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses involved in making indemnity 

16 payments to dairy farmers and manufacturers of dairy 

17 products under a dairy indemnity program, such sums as 

18 may be necessary, to remain available until expended: Pro19 vided, That such program is carried out by the Secretary 

20 in the same manner as the dairy indemnity program de21 scribed in the Agriculture, Rural Development, Food and 

22 Drug Administration, and Related Agencies Appropria23 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

24 12). 
26 

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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), boll weevil 

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

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

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

11 from funds in the Agricultural Credit Insurance Fund, as 

12 follows: farm ownership loans, $2,150,000,000, of which 

13 $1,500,000,000 shall be for unsubsidized guaranteed 

14 loans and $650,000,000 shall be for direct loans; oper15 ating loans, $3,010,000,000, of which $1,650,000,000 

16 shall be for unsubsidized guaranteed loans, $170,000,000 

17 shall be for subsidized guaranteed loans and 

18 $1,190,000,000 shall be for direct loans; Indian tribe land 

19 acquisition loans, $3,940,000; conservation loans, 

20 $150,000,000, of which $75,000,000 shall be for guaran21 teed loans and $75,000,000 shall be for direct loans; In22 dian highly fractionated land loans, $10,000,000; and for 

23 boll weevil eradication program loans, $100,000,000: Pro24 vided, That the Secretary shall deem the pink bollworm 
27 

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1 to be a boll weevil for the purpose of boll weevil eradication 

2 program loans. 

3 For the cost of direct and guaranteed loans, including 

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

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

6 ownership loans, $50,680,000, of which $5,700,000 shall 

7 be for unsubsidized guaranteed loans, and $44,980,000 

8 shall be for direct loans; operating loans, $134,061,000, 

9 of which $38,450,000 shall be for unsubsidized guaran10 teed loans, $23,511,000 shall be for subsidized guaranteed 

11 loans, and $72,100,000 shall be for direct loans; conserva12 tion loans, $2,528,000, of which $285,000 shall be for 

13 guaranteed loans, and $2,243,000 shall be for direct 

14 loans; and Indian highly fractionated land loans, 

15 $214,000. 

16 In addition, for administrative expenses necessary to 

17 carry out the direct and guaranteed loan programs, 

18 $321,093,000, of which $313,173,000 shall be transferred 

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

20 Agency, Salaries and Expenses’’. 

21 Funds appropriated by this Act to the Agricultural 

22 Credit Insurance Fund Program Account for farm owner23 ship, operating and conservation direct loans and guaran24 teed loans may be transferred among these programs: Pro25 vided, That the Committees on Appropriations of both 
28 

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1 Houses of Congress are notified at least 15 days in ad2 vance of any transfer. 

3 RISK MANAGEMENT AGENCY

4 For necessary expenses of the Risk Management 

5 Agency, $83,064,000: Provided, That the funds made 

6 available under section 522(e) of the Federal Crop Insur7 ance Act (7 U.S.C. 1522(e)) may be used for the Common 

8 Information Management System: Provided further, That 

9 not to exceed $1,000 shall be available for official recep10 tion and representation expenses, as authorized by 7 

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

12 CORPORATIONS 

13 The following corporations and agencies are hereby 

14 authorized to make expenditures, within the limits of 

15 funds and borrowing authority available to each such cor16 poration or agency and in accord with law, and to make 

17 contracts and commitments without regard to fiscal year 

18 limitations as provided by section 104 of the Government 

19 Corporation Control Act as may be necessary in carrying 

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

21 fiscal year for such corporation or agency, except as here22 inafter provided. 
29 

•S 3606 PCS

1 FEDERAL CROP INSURANCE CORPORATION FUND

2 For payments as authorized by section 516 of the 

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

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

5 COMMODITY CREDIT CORPORATION FUND

6 REIMBURSEMENT FOR NET REALIZED LOSSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the current fiscal year, such sums as may be nec9 essary to reimburse the Commodity Credit Corporation for 

10 net realized losses sustained, but not previously reim11 bursed, pursuant to section 2 of the Act of August 17, 

12 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

13 available to the Commodity Credit Corporation under sec14 tion 11 of the Commodity Credit Corporation Charter Act 

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

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

17 transferred to and used by the Foreign Agricultural Serv18 ice for information resource management activities of the 

19 Foreign Agricultural Service that are not related to Com20 modity Credit Corporation business. 

21 HAZARDOUS WASTE MANAGEMENT

22 (LIMITATION ON EXPENSES)

23 For the current fiscal year, the Commodity Credit 

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

25 site investigation and cleanup expenses, and operations 
30 

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1 and maintenance expenses to comply with the requirement 

2 of section 107(g) of the Comprehensive Environmental 

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

4 9607(g)), and section 6001 of the Resource Conservation 

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

6 TITLE II 

7 CONSERVATION PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR NATURAL

9 RESOURCES AND ENVIRONMENT

10 For necessary expenses of the Office of the Under 

11 Secretary for Natural Resources and Environment, 

12 $904,000. 

13 NATURAL RESOURCES CONSERVATION SERVICE

14 CONSERVATION OPERATIONS

15 For necessary expenses for carrying out the provi16 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

17 including preparation of conservation plans and establish18 ment of measures to conserve soil and water (including 

19 farm irrigation and land drainage and such special meas20 ures for soil and water management as may be necessary 

21 to prevent floods and the siltation of reservoirs and to con22 trol agricultural related pollutants); operation of conserva23 tion plant materials centers; classification and mapping of 

24 soil; dissemination of information; acquisition of lands, 

25 water, and interests therein for use in the plant materials 
31 

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

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

3 3, 1956 (7 U.S.C. 428a); purchase and erection or alter4 ation or improvement of permanent and temporary build5 ings; and operation and maintenance of aircraft, 

6 $928,979,000, to remain available until September 30, 

7 2012: Provided, That appropriations hereunder shall be 

8 available pursuant to 7 U.S.C. 2250 for construction and 

9 improvement of buildings and public improvements at 

10 plant materials centers, except that the cost of alterations 

11 and improvements to other buildings and other public im12 provements shall not exceed $250,000: Provided further, 

13 That when buildings or other structures are erected on 

14 non-Federal land, that the right to use such land is ob15 tained as provided in 7 U.S.C. 2250a. 

16 WATERSHED AND FLOOD PREVENTION OPERATIONS

17 For necessary expenses to carry out preventive meas18 ures, including but not limited to research, engineering op19 erations, methods of cultivation, the growing of vegetation, 

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

21 in accordance with the Watershed Protection and Flood 

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

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

24 590a–f), and in accordance with the provisions of laws re25 lating to the activities of the Department, $24,394,000, 
32 

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

2 exceed $12,000,000 of this appropriation shall be available 

3 for technical assistance. 

4 WATERSHED REHABILITATION PROGRAM

5 For necessary expenses to carry out rehabilitation of 

6 structural measures, in accordance with section 14 of the 

7 Watershed Protection and Flood Prevention Act (16 

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

9 laws relating to the activities of the Department, 

10 $40,497,000, to remain available until expended. 

11 RESOURCE CONSERVATION AND DEVELOPMENT

12 For necessary expenses in planning and carrying out 

13 projects for resource conservation and development and 

14 for sound land use pursuant to the provisions of sections 

15 31 and 32 of the Bankhead-Jones Farm Tenant Act (7 

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

17 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of 

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

19 3461), $50,730,000: Provided, That not to exceed 

20 $3,073,000 shall be available for national headquarters ac21 tivities. 
33 

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1 TITLE III 

2 RURAL DEVELOPMENT PROGRAMS 

3 OFFICE OF THE UNDER SECRETARY FOR RURAL

4 DEVELOPMENT

5 For necessary expenses of the Office of the Under 

6 Secretary for Rural Development, $904,000. 

7 RURAL DEVELOPMENT SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses for carrying out the adminis10 tration and implementation of programs in the Rural De11 velopment mission area, including activities with institu12 tions concerning the development and operation of agricul13 tural cooperatives; and for cooperative agreements; 

14 $237,507,000: Provided, That notwithstanding any other 

15 provision of law, funds appropriated under this section 

16 may be used for advertising and promotional activities 

17 that support the Rural Development mission area: Pro18 vided further, That not more than $10,000 may be ex19 pended to provide modest nonmonetary awards to non20 USDA employees: Provided further, That any balances 

21 available from prior years for the Rural Utilities Service, 

22 Rural Housing Service, and the Rural Business—Cooper23 ative Service salaries and expenses accounts shall be trans24 ferred to and merged with this appropriation. 
34 

•S 3606 PCS

1 RURAL HOUSING SERVICE

2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For gross obligations for the principal amount of di5 rect and guaranteed loans as authorized by title V of the 

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

7 rural housing insurance fund, as follows: $25,200,000,000 

8 for loans to section 502 borrowers, of which 

9 $1,200,000,000 shall be for direct loans, and of which 

10 $24,000,000,000 shall be for unsubsidized guaranteed 

11 loans; $34,004,000 for section 504 housing repair loans; 

12 $69,512,000 for section 515 rental housing; $129,133,000 

13 for section 538 guaranteed multi-family housing loans; 

14 $5,052,000 for section 524 site loans; $11,449,000 for 

15 credit sales of acquired property, of which up to 

16 $1,449,000 may be for multi-family credit sales; and 

17 $4,966,000 for section 523 self-help housing land develop18 ment loans. 

19 For the cost of direct and guaranteed loans, including 

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

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

22 502 loans, $75,120,000 shall be for direct loans; section 

23 504 housing repair loans, $6,437,000; repair, rehabilita24 tion, and new construction of section 515 rental housing, 

25 $23,446,000; section 538 multi-family housing guaranteed 
35 

•S 3606 PCS

1 loans, $12,513,000; section 524 site development loans, 

2 $294,000; credit sales of acquired property, $556,000; 

3 and section 523 self-help land development housing loans, 

4 $288,000: Provided, That of the total amount appro5 priated in this paragraph, the amount equal to the amount 

6 of Rural Housing Insurance Fund Program Account funds 

7 allocated by the Secretary for Rural Economic Area Part8 nership Zones for the fiscal year 2010, shall be available 

9 through June 30, 2011, for communities designated by the 

10 Secretary of Agriculture as Rural Economic Area Partner11 ship Zones: Provided further, That section 538 multi-fam12 ily housing guaranteed loans funded pursuant to this 

13 paragraph shall not be subject to a guarantee fee and the 

14 interest on such loans may not be subsidized: Provided fur15 ther, That any balances for a demonstration program for 

16 the preservation and revitalization of the section 515 

17 multi-family rental housing properties as authorized by 

18 Public Law 109–97, Public Law 110–5, and Public Law 

19 111–80 shall be transferred to and merged with the 

20 ‘‘Rural Housing Service, Multi-family Housing Revitaliza21 tion Program Account’’. 

22 In addition, for administrative expenses necessary to 

23 carry out the direct and guaranteed loan programs, 

24 $454,383,000 shall be transferred to and merged with the 
36 

•S 3606 PCS

1 appropriation for ‘‘Rural Development, Salaries and Ex2 penses’’. 

3 RENTAL ASSISTANCE PROGRAM

4 For rental assistance agreements entered into or re5 newed pursuant to the authority under section 521(a)(2) 

6 or agreements entered into in lieu of debt forgiveness or 

7 payments for eligible households as authorized by section 

8 502(c)(5)(D) of the Housing Act of 1949, $971,593,000; 

9 and, in addition, such sums as may be necessary, as au10 thorized by section 521(c) of the Act, to liquidate debt 

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

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

13 Provided, That of this amount, up to $5,958,000 shall be 

14 available for debt forgiveness or payments for eligible 

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

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

17 to nonprofit organizations or public agencies to cover di18 rect costs (other than purchase price) incurred in pur19 chasing projects pursuant to section 502(c)(5)(C) of the 

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

21 $3,000,000 is available for newly constructed units fi22 nanced by section 515 of the Housing Act of 1949, and 

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

24 financed under sections 514 and 516 of the Housing Act 

25 of 1949: Provided further, That rental assistance agree-
37 

•S 3606 PCS

1 ments entered into or renewed during the current fiscal 

2 year shall be funded for a one-year period: Provided fur3 ther, That any unexpended balances remaining at the end 

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

5 for the purposes of any debt reduction; maintenance, re6 pair, or rehabilitation of any existing projects; preserva7 tion; and rental assistance activities authorized under title 

8 V of the Act: Provided further, That rental assistance pro9 vided under agreements entered into prior to fiscal year 

10 2011 for a farm labor multi-family housing project fi11 nanced under section 514 or 516 of the Act may not be 

12 recaptured for use in another project until such assistance 

13 has remained unused for a period of 12 consecutive 

14 months, if such project has a waiting list of tenants seek15 ing such assistance or the project has rental assistance 

16 eligible tenants who are not receiving such assistance: Pro17 vided further, That such recaptured rental assistance shall, 

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

19 multifamily housing project financed under section 514 or 

20 516 of the Act. 

21 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

22 ACCOUNT

23 For the rural housing voucher program as authorized 

24 under section 542 of the Housing Act of 1949, but not25 withstanding subsection (b) of such section, for the cost 
38 

•S 3606 PCS

1 to conduct a housing demonstration program to provide 

2 revolving loans for the preservation of low-income multi3 family housing projects, and for additional costs to con4 duct a demonstration program for the preservation and 

5 revitalization of multi-family rental housing properties de6 scribed in this paragraph, $44,055,000, to remain avail7 able until expended: Provided, That of the funds made 

8 available under this heading, $16,400,000, shall be avail9 able for rural housing vouchers to any low-income house10 hold (including those not receiving rental assistance) re11 siding in a property financed with a section 515 loan 

12 which has been prepaid after September 30, 2005: Pro13 vided further, That the amount of such voucher shall be 

14 the difference between comparable market rent for the sec15 tion 515 unit and the tenant paid rent for such unit: Pro16 vided further, That funds made available for such vouchers 

17 shall be subject to the availability of annual appropria18 tions: Provided further, That the Secretary shall, to the 

19 maximum extent practicable, administer such vouchers 

20 with current regulations and administrative guidance ap21 plicable to section 8 housing vouchers administered by the 

22 Secretary of the Department of Housing and Urban De23 velopment: Provided further, That if the Secretary deter24 mines that the amount made available for vouchers in this 

25 or any other Act is not needed for vouchers, the Secretary 
39 

•S 3606 PCS

1 may use such funds for the demonstration programs for 

2 the preservation and revitalization of multi-family rental 

3 housing properties described in this paragraph: Provided 

4 further, That of the funds made available under this head5 ing, $2,655,000 shall be available for the cost of loans to 

6 private nonprofit organizations, or such nonprofit organi7 zations’ affiliate loan funds and State and local housing 

8 finance agencies, to carry out a housing demonstration 

9 program to provide revolving loans for the preservation of 

10 low-income multi-family housing projects: Provided fur11 ther, That loans under such demonstration program shall 

12 have an interest rate of not more than 1 percent direct 

13 loan to the recipient: Provided further, That the Secretary 

14 may defer the interest and principal payment to the Rural 

15 Housing Service for up to 3 years and the term of such 

16 loans shall not exceed 30 years: Provided further, That of 

17 the funds made available under this heading, $25,000,000 

18 shall be available for a demonstration program for the 

19 preservation and revitalization of the sections 514, 515, 

20 and 516 multi-family rental housing properties to restruc21 ture existing USDA multi-family housing loans, as the 

22 Secretary deems appropriate, expressly for the purposes 

23 of ensuring the project has sufficient resources to preserve 

24 the project for the purpose of providing safe and afford25 able housing for low-income residents and farm laborers 
40 

•S 3606 PCS

1 including reducing or eliminating interest; deferring loan 

2 payments, subordinating, reducing or reamortizing loan 

3 debt; and other financial assistance including advances, 

4 payments and incentives (including the ability of owners 

5 to obtain reasonable returns on investment) required by 

6 the Secretary: Provided further, That the Secretary shall 

7 as part of the preservation and revitalization agreement 

8 obtain a restrictive use agreement consistent with the 

9 terms of the restructuring: Provided further, That if the 

10 Secretary determines that additional funds for vouchers 

11 described in this paragraph are needed, funds for the pres12 ervation and revitalization demonstration program may be 

13 used for such vouchers: Provided further, That if Congress 

14 enacts legislation to permanently authorize a multi-family 

15 rental housing loan restructuring program similar to the 

16 demonstration program described herein, the Secretary 

17 may use funds made available for the demonstration pro18 gram under this heading to carry out such legislation with 

19 the prior approval of the Committees on Appropriations 

20 of both Houses of Congress: Provided further, That in ad21 dition to any other available funds, the Secretary may ex22 pend not more than $1,000,000 total, from the program 

23 funds made available under this heading, for administra24 tive expenses for activities funded under this heading. 
41 

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1 MUTUAL AND SELF-HELP HOUSING GRANTS

2 For grants and contracts pursuant to section 

3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

4 1490c), $41,864,000, to remain available until expended: 

5 Provided, That of the total amount appropriated under 

6 this heading, the amount equal to the amount of Mutual 

7 and Self- Help Housing Grants allocated by the Secretary 

8 for Rural Economic Area Partnership Zones for the fiscal 

9 year 2010, shall be available through June 30, 2011, for 

10 communities designated by the Secretary of Agriculture 

11 as Rural Economic Area Partnership Zones. 

12 RURAL HOUSING ASSISTANCE GRANTS

13 (INCLUDING TRANSFER OF FUNDS)

14 For grants and contracts for very low-income housing 

15 repair, supervisory and technical assistance, compensation 

16 for construction defects, and rural housing preservation 

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

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

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

20 total amount appropriated under this heading, the amount 

21 equal to the amount of Rural Housing Assistance Grants 

22 allocated by the Secretary for Rural Economic Area Part23 nership Zones for the fiscal year 2010, shall be available 

24 through June 30, 2011, for communities designated by the 

25 Secretary of Agriculture as Rural Economic Area Partner-
42 

•S 3606 PCS

1 ship Zones: Provided further, That any balances to carry 

2 out a housing demonstration program to provide revolving 

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

4 housing projects as authorized in Public Law 108–447 

5 and Public Law 109–97 shall be transferred to and 

6 merged with the ‘‘Rural Housing Service, Multi-family 

7 Housing Revitalization Program Account’’. 

8 FARM LABOR PROGRAM ACCOUNT

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

10 as authorized by 42 U.S.C. 1484 and 1486, $20,346,000, 

11 to remain available until expended, for direct farm labor 

12 housing loans and domestic farm labor housing grants and 

13 contracts. 

14 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

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

17 grants for rural community facilities programs as author18 ized by section 306 and described in section 381E(d)(1) 

19 of the Consolidated Farm and Rural Development Act, 

20 $56,580,000, to remain available until expended: Pro21 vided, That $6,256,000 of the amount appropriated under 

22 this heading shall be available for a Rural Community De23 velopment Initiative: Provided further, That such funds 

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

25 private, nonprofit community-based housing and commu-
43 

•S 3606 PCS

1 nity development organizations, low-income rural commu2 nities, and Federally Recognized Native American Tribes 

3 to undertake projects to improve housing, community fa4 cilities, community and economic development projects in 

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

6 made available to qualified private, nonprofit and public 

7 intermediary organizations proposing to carry out a pro8 gram of financial and technical assistance: Provided fur9 ther, That such intermediary organizations shall provide 

10 matching funds from other sources, including Federal 

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

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

13 amount appropriated under this heading shall be to pro14 vide grants for facilities in rural communities with extreme 

15 unemployment and severe economic depression (Public 

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

17 and capacity building in the State rural development of18 fices: Provided further, That $3,972,000 of the amount ap19 propriated under this heading shall be available for com20 munity facilities grants to tribal colleges, as authorized by 

21 section 306(a)(19) of such Act: Provided further, That of 

22 the amount appropriated under this heading, the amount 

23 equal to the amount of Rural Community Facilities Pro24 gram Account funds allocated by the Secretary for Rural 

25 Economic Area Partnership Zones for the fiscal year 
44 

•S 3606 PCS

1 2010, shall be available through June 30, 2011, for com2 munities designated by the Secretary of Agriculture as 

3 Rural Economic Area Partnership Zones for the rural 

4 community programs described in section 381E(d)(1) of 

5 the Consolidated Farm and Rural Development Act: Pro6 vided further, That sections 381E–H and 381N of the 

7 Consolidated Farm and Rural Development Act are not 

8 applicable to the funds made available under this heading: 

9 Provided further, That any prior balances in the Rural De10 velopment, Rural Community Advancement Program ac11 count for programs authorized by section 306 and de12 scribed in section 381E(d)(1) of such Act be transferred 

13 and merged with this account and any other prior balances 

14 from the Rural Development, Rural Community Advance15 ment Program account that the Secretary determines is 

16 appropriate to transfer. 

17 RURAL BUSINESS—COOPERATIVE SERVICE

18 RURAL BUSINESS PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

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

21 rural business development programs authorized by sec22 tions 306 and 310B and described in sections 310B(f) and 

23 381E(d)(3) of the Consolidated Farm and Rural Develop24 ment Act, $86,689,000, to remain available until ex25 pended: Provided, That of the amount appropriated under 
45 

•S 3606 PCS

1 this heading, not to exceed $500,000 shall be made avail2 able for a grant to a qualified national organization to pro3 vide technical assistance for rural transportation in order 

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

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

6 2009aa et seq.) for any Rural Community Advancement 

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

8 Consolidated Farm and Rural Development Act, of which 

9 not more than 5 percent may be used for administrative 

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

11 amount appropriated under this heading shall be for busi12 ness grants to benefit Federally Recognized Native Amer13 ican Tribes, including $250,000 for a grant to a qualified 

14 national organization to provide technical assistance for 

15 rural transportation in order to promote economic develop16 ment: Provided further, That of the amount appropriated 

17 under this heading, the amount equal to the amount of 

18 Rural Business Program Account funds allocated by the 

19 Secretary for Rural Economic Area Partnership Zones for 

20 the fiscal year 2010, shall be available through June 30, 

21 2011, for communities designated by the Secretary of Ag22 riculture as Rural Economic Area Partnership Zones for 

23 the rural business and cooperative development programs 

24 described in section 381E(d)(3) of the Consolidated Farm 

25 and Rural Development Act: Provided further, That sec-
46 

•S 3606 PCS

1 tions 381E–H and 381N of the Consolidated Farm and 

2 Rural Development Act are not applicable to funds made 

3 available under this heading: Provided further, That any 

4 prior balances in the Rural Development, Rural Commu5 nity Advancement Program account for programs author6 ized by sections 306 and 310B and described in sections 

7 310B(f) and 381E(d)(3) of such Act be transferred and 

8 merged with this account and any other prior balances 

9 from the Rural Development, Rural Community Advance10 ment Program account that the Secretary determines is 

11 appropriate to transfer. 

12 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 For the principal amount of direct loans, as author15 ized by the Rural Development Loan Fund (42 U.S.C. 

16 9812(a)), $33,533,000. For the cost of direct loans, 

17 $12,937,000, as authorized by the Rural Development 

18 Loan Fund (42 U.S.C. 9812(a)), of which $1,582,000 

19 shall be available through June 30, 2011, for Federally 

20 Recognized Native American Tribes and of which 

21 $3,164,000 shall be available through June 30, 2011, for 

22 Mississippi Delta Region counties (as determined in ac23 cordance with Public Law 100–460): Provided, That such 

24 costs, including the cost of modifying such loans, shall be 

25 as defined in section 502 of the Congressional Budget Act 
47 

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1 of 1974: Provided further, That of the total amount appro2 priated under this heading, the amount equal to the 

3 amount of Rural Development Loan Fund Program Ac4 count funds allocated by the Secretary for Rural Economic 

5 Area Partnership Zones for the fiscal year 2010, shall be 

6 available through June 30, 2011, for communities des7 ignated by the Secretary of Agriculture as Rural Economic 

8 Area Partnership Zones. 

9 In addition, for administrative expenses to carry out 

10 the direct loan programs, $5,046,000 shall be transferred 

11 to and merged with the appropriation for ‘‘Rural Develop12 ment, Salaries and Expenses’’. 

13 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

14 ACCOUNT

15 (INCLUDING RESCISSION OF FUNDS)

16 For the principal amount of direct loans, as author17 ized under section 313 of the Rural Electrification Act, 

18 for the purpose of promoting rural economic development 

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

20 Of the funds derived from interest on the cushion of 

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

22 Electrification Act of 1936, $103,000,000 shall not be ob23 ligated and $103,000,000 are rescinded. 
48 

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1 RURAL COOPERATIVE DEVELOPMENT GRANTS

2 For rural cooperative development grants authorized 

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

4 Rural Development Act (7 U.S.C. 1932), $35,560,000, of 

5 which $2,800,000 shall be for cooperative agreements for 

6 the appropriate technology transfer for rural areas pro7 gram: Provided, That not to exceed $3,463,000 shall be 

8 for grants for cooperative development centers, individual 

9 cooperatives, or groups of cooperatives that serve socially 

10 disadvantaged groups and a majority of the boards of di11 rectors or governing boards of which are comprised of in12 dividuals who are members of socially disadvantaged 

13 groups; and of which $20,373,000, to remain available 

14 until expended, shall be for value-added agricultural prod15 uct market development grants, as authorized by section 

16 231 of the Agricultural Risk Protection Act of 2000 (7 

17 U.S.C. 1621 note). 

18 RURAL MICROENTERPRISE INVESTMENT PROGRAM

19 ACCOUNT

20 For the cost of loans and grants, $4,350,000 as au21 thorized by section 379E of the Consolidated Farm and 

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

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

24 such loans, shall be as defined in section 502 of the Con25 gressional Budget Act of 1974. 
49 

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1 RURAL ENERGY FOR AMERICA PROGRAM

2 For the cost of a program of loan guarantees and 

3 grants, under the same terms and conditions as authorized 

4 by section 9007 of the Farm Security and Rural Invest5 ment Act of 2002 (7 U.S.C. 8107), $39,340,000: Pro6 vided, That the cost of loan guarantees, including the cost 

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

8 of the Congressional Budget Act of 1974. 

9 RURAL UTILITIES SERVICE

10 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

11 (INCLUDING TRANSFERS OF FUNDS)

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

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

14 and solid waste management programs authorized by sec15 tions 306, 306A, 306C, 306D, 306E, and 310B and de16 scribed in sections 306C(a)(2), 306D, 306E, and 

17 381E(d)(2) of the Consolidated Farm and Rural Develop18 ment Act, $582,851,000, to remain available until ex19 pended, of which not to exceed $497,000 shall be available 

20 for the rural utilities program described in section 

21 306(a)(2)(B) of such Act, and of which not to exceed 

22 $993,000 shall be available for the rural utilities program 

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

24 $3,432,000 of the amounts appropriated under this head25 ing shall be for loans authorized under 16 U.S.C. 1006a, 
50 

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1 for projects whose features include agricultural water sup2 ply benefits, groundwater protection, environmental en3 hancement and flood control, except for the limitations 

4 contained in the last sentence of such authority and such 

5 loans shall be made by the Rural Utilities Service: Pro6 vided further, That $70,000,000 of the amount appro7 priated under this heading shall be for loans and grants 

8 including water and waste disposal systems grants author9 ized by 306C(a)(2)(B) and 306D of the Consolidated 

10 Farm and Rural Development Act, Federally recognized 

11 Native American Tribes authorized by 306C(a)(1), and 

12 the Department of Hawaiian Home Lands (of the State 

13 of Hawaii): Provided further, That funding provided for 

14 section 306D of the Consolidated Farm and Rural Devel15 opment Act may be provided to a consortium formed pur16 suant to section 325 of Public Law 105–83: Provided fur17 ther, That not more than 2 percent of the funding pro18 vided for section 306D of the Consolidated Farm and 

19 Rural Development Act may be used by the State of Alas20 ka for training and technical assistance programs and not 

21 more than 2 percent of the funding provided for section 

22 306D of the Consolidated Farm and Rural Development 

23 Act may be used by a consortium formed pursuant to sec24 tion 325 of Public Law 105–83 for training and technical 

25 assistance programs: Provided further, That not to exceed 
51 

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1 $19,500,000 of the amount appropriated under this head2 ing shall be for technical assistance grants for rural water 

3 and waste systems pursuant to section 306(a)(14) of such 

4 Act, unless the Secretary makes a determination of ex5 treme need, of which $6,000,000 shall be made available 

6 for a grant to a qualified non-profit multi-state regional 

7 technical assistance organization, with experience in work8 ing with small communities on water and waste water 

9 problems, the principal purpose of such grant shall be to 

10 assist rural communities with populations of 3,300 or less, 

11 in improving the planning, financing, development, oper12 ation, and management of water and waste water systems, 

13 and of which not less than $800,000 shall be for a quali14 fied national Native American organization to provide 

15 technical assistance for rural water systems for tribal com16 munities: Provided further, That not to exceed 

17 $15,000,000 of the amount appropriated under this head18 ing shall be for contracting with qualified national organi19 zations for a circuit rider program to provide technical as20 sistance for rural water systems: Provided further, That 

21 of the amount appropriated under this heading, the 

22 amount equal to the amount of Rural Water and Waste 

23 Disposal Program Account funds allocated by the Sec24 retary for Rural Economic Area Partnership Zones for the 

25 fiscal year 2010, shall be available through June 30, 2011, 
52 

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1 for communities designated by the Secretary of Agri2 culture as Rural Economic Area Partnership Zones for the 

3 rural utilities programs described in section 381E(d)(2) 

4 of the Consolidated Farm and Rural Development Act: 

5 Provided further, That $17,500,000 of the amount appro6 priated under this heading shall be transferred to, and 

7 merged with, the Rural Utilities Service, High Energy 

8 Cost Grants Account to provide grants authorized under 

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

10 U.S.C. 918a): Provided further, That any prior year bal11 ances for high cost energy grants authorized by section 

12 19 of the Rural Electrification Act of 1936 (7 U.S.C. 

13 918a) shall be transferred to and merged with the Rural 

14 Utilities Service, High Energy Costs Grants Account: Pro15 vided further, That sections 381E–H and 381N of the 

16 Consolidated Farm and Rural Development Act are not 

17 applicable to the funds made available under this heading: 

18 Provided further, That any prior balances in the Rural De19 velopment, Rural Community Advancement Program ac20 count programs authorized by sections 306, 306A, 306C, 

21 306D, 306E, and 310B and described in sections 

22 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 

23 transferred to and merged with this account and any other 

24 prior balances from the Rural Development, Rural Com-
53 

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1 munity Advancement Program account that the Secretary 

2 determines is appropriate to transfer. 

3 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

4 LOANS PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 The principal amount of direct and guaranteed loans 

7 as authorized by sections 305 and 306 of the Rural Elec8 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

9 made as follows: 5 percent rural electrification loans, 

10 $100,000,000; loans made pursuant to section 306 of that 

11 Act, rural electric, $6,500,000,000; guaranteed under12 writing loans pursuant to section 313A, $500,000,000; 5 

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

14 cost of money rural telecommunications loans, 

15 $250,000,000; and for loans made pursuant to section 306 

16 of that Act, rural telecommunications loans, 

17 $295,000,000. 

18 In addition, for administrative expenses necessary to 

19 carry out the direct and guaranteed loan programs, 

20 $38,374,000, which shall be transferred to and merged 

21 with the appropriation for ‘‘Rural Development, Salaries 

22 and Expenses’’. 
54 

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1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

2 PROGRAM

3 For the principal amount of broadband telecommuni4 cation loans, $400,000,000. 

5 For grants for telemedicine and distance learning 

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

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

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

9 grants authorized by 379G of the Consolidated Farm and 

10 Rural Development Act: Provided further, That 

11 $4,500,000 shall be made available to those noncommer12 cial educational television broadcast stations that serve 

13 rural areas and are qualified for Community Service 

14 Grants by the Corporation for Public Broadcasting under 

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

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

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

20 broadcast, multi-casting and datacasting technologies. 

21 For the cost of broadband loans, as authorized by 

22 section 601 of the Rural Electrification Act, $22,320,000, 

23 to remain available until expended: Provided, That the 

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

25 the Congressional Budget Act of 1974. 
55 

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1 In addition, $17,976,000, to remain available until 

2 expended, for a grant program to finance broadband 

3 transmission in rural areas eligible for Distance Learning 

4 and Telemedicine Program benefits authorized by 7 

5 U.S.C. 950aaa. 

6 TITLE IV 

7 DOMESTIC FOOD PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

9 NUTRITION AND CONSUMER SERVICES

10 For necessary expenses of the Office of the Under 

11 Secretary for Food, Nutrition and Consumer Services, 

12 $821,000. 

13 FOOD AND NUTRITION SERVICE

14 CHILD NUTRITION PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses to carry out the Richard B. 

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

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

19 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

20 21; $18,161,143,000, to remain available through Sep21 tember 30, 2012, of which such sums as are made avail22 able under section 14222(b)(1) of the Food, Conservation, 

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

24 amended by this Act, shall be merged with and available 

25 for the same time period and purposes as provided herein: 
56 

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1 Provided, That of the total amount available, $5,000,000 

2 shall be available to be awarded as competitive grants to 

3 implement section 4405 of the Food, Conservation, and 

4 Energy Act of 2008 (Public Law 110–246), and may be 

5 awarded notwithstanding the limitations imposed by sec6 tions 4405(b)(1)(A) and 4405(c)(1)(A): Provided further, 

7 That section 14222(b)(1) of the Food, Conservation, and 

8 Energy Act of 2008 is amended by adding at the end be9 fore the period, ‘‘except section 21, and the Child Nutri10 tion Act of 1966 (42 U.S.C. 1771 et seq.), except sections 

11 17 and 21’’. 

12 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

13 WOMEN, INFANTS, AND CHILDREN (WIC)

14 For necessary expenses to carry out the special sup15 plemental nutrition program as authorized by section 17 

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

17 $7,252,000,000, to remain available through September 

18 30, 2012: Provided, That notwithstanding section 

19 17(g)(5) of the Child Nutrition Act of 1966 (42 U.S.C. 

20 1786(g)(5)), not more than $15,000,000 of funds pro21 vided in this Act may be used for the purpose of evaluating 

22 program performance in the Special Supplemental Nutri23 tion Program for Women, Infants and Children: Provided 

24 further, That of the amounts made available under this 

25 heading, not less than $14,000,000 shall be used for infra-
57 

•S 3606 PCS

1 structure, not less than $60,000,000 shall be used for 

2 management information systems, and not less than 

3 $80,000,000 shall be used for breast-feeding peer coun4 selors and other related activities: Provided further, That 

5 none of the funds provided in this account shall be avail6 able for the purchase of infant formula except in accord7 ance with the cost containment and competitive bidding 

8 requirements specified in section 17 of such Act: Provided 

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

10 for activities that are not fully reimbursed by other Fed11 eral Government departments or agencies unless author12 ized by section 17 of such Act. 

13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

14 For necessary expenses to carry out the Food and 

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

16 $68,209,540,000, of which $5,000,000,000, to remain 

17 available through September 30, 2012, shall be placed in 

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

19 as may become necessary to carry out program operations: 

20 Provided, That funds provided herein shall be expended 

21 in accordance with section 16 of the Food and Nutrition 

22 Act of 2008: Provided further, That this appropriation 

23 shall be subject to any work registration or workfare re24 quirements as may be required by law: Provided further, 

25 That funds made available for Employment and Training 
58 

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1 under this heading shall remain available until expended, 

2 notwithstanding section 16(h)(1) of the Food and Nutri3 tion Act of 2008: Provided further, That funds made avail4 able under this heading may be used to enter into con5 tracts and employ staff to conduct studies, evaluations, or 

6 to conduct activities related to program integrity provided 

7 that such activities are authorized by the Food and Nutri8 tion Act of 2008. 

9 COMMODITY ASSISTANCE PROGRAM

10 For necessary expenses to carry out disaster assist11 ance and the Commodity Supplemental Food Program as 

12 authorized by section 4(a) of the Agriculture and Con13 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

14 Emergency Food Assistance Act of 1983; special assist15 ance for the nuclear affected islands, as authorized by sec16 tion 103(f)(2) of the Compact of Free Association Amend17 ments Act of 2003 (Public Law 108–188); and the Farm18 ers’ Market Nutrition Program, as authorized by section 

19 17(m) of the Child Nutrition Act of 1966, $261,619,000, 

20 to remain available through September 30, 2012, of which 

21 $6,000,000 shall be for emergency food program infra22 structure grants authorized by section 209 of the Emer23 gency Food Assistance Act of 1983: Provided, That none 

24 of these funds shall be available to reimburse the Com25 modity Credit Corporation for commodities donated to the 
59 

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1 program: Provided further, That notwithstanding any 

2 other provision of law, effective with funds made available 

3 in fiscal year 2011 to support the Seniors Farmers’ Mar4 ket Nutrition Program, as authorized by section 4402 of 

5 the Farm Security and Rural Investment Act of 2002, 

6 such funds shall remain available through September 30, 

7 2012: Provided further, That of the funds made available 

8 under section 27(a) of the Food and Nutrition Act of 2008 

9 (7 U.S.C. 2036(a)), the Secretary may use up to 10 per10 cent for costs associated with the distribution of commod11 ities. 

12 NUTRITION PROGRAMS ADMINISTRATION

13 For necessary administrative expenses of the Food 

14 and Nutrition Service for carrying out any domestic nutri15 tion assistance program, $166,587,000: Provided, 

16 That$3,000,000 shall be used for the purposes of section 

17 4404 of Public Law 107–171, as amended by section 4401 

18 of Public Law 110–246. 
60 

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1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED 

3 PROGRAMS 

4 FOREIGN AGRICULTURAL SERVICE

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Foreign Agricultural 

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

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

11 $219,780,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and 

14 private organizations and institutions under agreements 

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

19 amount appropriated under this heading $14,600,000 is 

20 for stabilization and reconstruction activities to be carried 

21 out under the authority provided by title XIV of the Food 

22 and Agriculture Act of 1977 (7 U.S.C. 3101 et seq.) and 

23 other applicable laws: Provided further, That of the 

24 amount appropriated under this heading, $10,000,000 is 

25 for the Secretary to provide technical assistance under 
61 

•S 3606 PCS

1 available authorities for the establishment and growth of 

2 sustainable food production and marketing systems in de3 veloping countries: Provided further, That funds made 

4 available for middle-income country training programs 

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

6 appropriation solely for the purpose of offsetting fluctua7 tions in international currency exchange rates, subject to 

8 documentation by the Foreign Agricultural Service, shall 

9 remain available until expended. 

10 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

11 FOR PROGRESS PROGRAM ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For administrative expenses to carry out the credit 

14 program of title I, Food for Peace Act (Public Law 83– 

15 480) and the Food for Progress Act of 1985, $2,846,000, 

16 shall be transferred to and merged with the appropriation 

17 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro18 vided, That funds made available for the cost of agree19 ments under title I of the Agricultural Trade Development 

20 and Assistance Act of 1954 and for title I ocean freight 

21 differential may be used interchangeably between the two 

22 accounts with prior notice to the Committees on Appro23 priations of both Houses of Congress. 
62 

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1 FOOD FOR PEACE TITLE II GRANTS

2 For expenses during the current fiscal year, not oth3 erwise recoverable, and unrecovered prior years’ costs, in4 cluding interest thereon, under the Food for Peace Act 

5 (Public Law 83–480, as amended), for commodities sup6 plied in connection with dispositions abroad under title II 

7 of said Act, $1,690,000,000, to remain available until ex8 pended. 

9 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

10 AND CHILD NUTRITION PROGRAM GRANTS

11 For necessary expenses to carry out the provisions 

12 of section 3107 of the Farm Security and Rural Invest13 ment Act of 2002 (7 U.S.C. 1736o–1), $209,500,000, to 

14 remain available until expended: Provided, That the Com15 modity Credit Corporation is authorized to provide the 

16 services, facilities, and authorities for the purpose of im17 plementing such section, subject to reimbursement from 

18 amounts provided herein. 

19 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

20 CREDIT GUARANTEE PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For administrative expenses to carry out the Com23 modity Credit Corporation’s export guarantee program, 

24 GSM 102 and GSM 103, $6,884,000; to cover common 

25 overhead expenses as permitted by section 11 of the Com-
63 

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1 modity Credit Corporation Charter Act and in conformity 

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

3 $6,525,000 shall be transferred to and merged with the 

4 appropriation for ‘‘Foreign Agricultural Service, Salaries 

5 and Expenses’’, and of which $359,000 shall be trans6 ferred to and merged with the appropriation for ‘‘Farm 

7 Service Agency, Salaries and Expenses’’. 

8 TITLE VI 

9 RELATED AGENCIES AND FOOD AND DRUG 

10 ADMINISTRATION 

11 DEPARTMENT OF HEALTH AND HUMAN 

12 SERVICES 

13 FOOD AND DRUG ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Food and Drug Ad16 ministration, including hire and purchase of passenger 

17 motor vehicles; for payment of space rental and related 

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

19 activities of the Food and Drug Administration which are 

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

21 in the District of Columbia or elsewhere; for miscellaneous 

22 and emergency expenses of enforcement activities, author23 ized and approved by the Secretary and to be accounted 

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

25 $25,000; and notwithstanding section 521 of Public Law 
64 

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1 107–188; $3,707,611,000: Provided, That of the amount 

2 provided under this heading, $667,057,000 shall be de3 rived from prescription drug user fees authorized by 21 

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

5 available until expended, and shall not include any fees 

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

7 fiscal year 2012 but collected in fiscal year 2011; 

8 $61,860,000 shall be derived from medical device user fees 

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

10 account and remain available until expended; $19,448,000 

11 shall be derived from animal drug user fees authorized by 

12 21 U.S.C. 379j, and shall be credited to this account and 

13 remain available until expended; $5,397,000 shall be de14 rived from animal generic drug user fees authorized by 

15 21 U.S.C. 379f, and shall be credited to this account and 

16 shall remain available until expended; and $450,000,000 

17 shall be derived from tobacco product user fees authorized 

18 by 21 U.S.C. 387s and shall be credited to this account 

19 and remain available until expended: Provided further, 

20 That in addition and notwithstanding any other provision 

21 under this heading, amounts collected for prescription 

22 drug user fees that exceed the fiscal year 2011 limitation 

23 are appropriated and shall be credited to this account and 

24 remain available until expended: Provided further, That 

25 fees derived from prescription drug, medical device, animal 
65 

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1 drug, animal generic drug, and tobacco product assess2 ments for fiscal year 2011 received during fiscal year 

3 2011, including any such fees assessed prior to fiscal year 

4 2011 but credited for fiscal year 2011, shall be subject 

5 to the fiscal year 2011 limitations: Provided further, That 

6 none of these funds shall be used to develop, establish, 

7 or operate any program of user fees authorized by 31 

8 U.S.C. 9701: Provided further, That of the total amount 

9 appropriated: (1) $856,383,000 shall be for the Center for 

10 Food Safety and Applied Nutrition and related field activi11 ties in the Office of Regulatory Affairs; (2) $968,311,000 

12 shall be for the Center for Drug Evaluation and Research 

13 and related field activities in the Office of Regulatory Af14 fairs, of which no less than $55,545,000 shall be available 

15 for the Office of Generic Drugs; (3) $328,234,000 shall 

16 be for the Center for Biologics Evaluation and Research 

17 and for related field activities in the Office of Regulatory 

18 Affairs; (4) $162,946,000 shall be for the Center for Vet19 erinary Medicine and for related field activities in the Of20 fice of Regulatory Affairs; (5) $362,491,000 shall be for 

21 the Center for Devices and Radiological Health and for 

22 related field activities in the Office of Regulatory Affairs; 

23 (6) $60,975,000 shall be for the National Center for Toxi24 cological Research; (7) $421,463,000 shall be for the Cen25 ter for Tobacco Products and for related field activities 
66 

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1 in the Office of Regulatory Affairs; (8) not to exceed 

2 $141,724,000 shall be for Rent and Related activities, of 

3 which $41,951,000 is for White Oak Consolidation, other 

4 than the amounts paid to the General Services Adminis5 tration for rent; (9) not to exceed $185,983,000 shall be 

6 for payments to the General Services Administration for 

7 rent; and (10) $219,101,000 shall be for other activities, 

8 including the Office of the Commissioner; the Office of 

9 Foods; the Office of the Chief Scientist; the Office of Pol10 icy, Planning and Budget; the Office of International Pro11 grams; the Office of Administration; and central services 

12 for these offices: Provided further, That not to exceed 

13 $25,000 of this amount shall be for official reception and 

14 representation expenses, not otherwise provided for, as de15 termined by the Commissioner: Provided further, That 

16 funds may be transferred from one specified activity to 

17 another with the prior approval of the Committees on Ap18 propriations of both Houses of Congress. 

19 In addition, mammography user fees authorized by 

20 42 U.S.C. 263b, export certification user fees authorized 

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

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

23 remain available until expended. 
67 

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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 $59,400,000 (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 204 passenger 
68 

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

2 and for the hire of such vehicles. 

3 SEC. 702. The Secretary of Agriculture may transfer 

4 unobligated balances of discretionary funds appropriated 

5 by this Act or other available unobligated discretionary 

6 balances of the Department of Agriculture to the Working 

7 Capital Fund for the acquisition of plant and capital 

8 equipment necessary for the delivery of financial, adminis9 trative, and information technology services of primary 

10 benefit to the agencies of the Department of Agriculture: 

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

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

13 Capital Fund without the prior approval of the agency ad14 ministrator: Provided further, That none of the funds 

15 transferred to the Working Capital Fund pursuant to this 

16 section shall be available for obligation without written no17 tification to and the prior approval of the Committees on 

18 Appropriations of both Houses of Congress: Provided fur19 ther, That none of the funds appropriated by this Act or 

20 made available to the Department’s Working Capital 

21 Fund shall be available for obligation or expenditure to 

22 make any changes to the Department’s National Finance 

23 Center without written notification to and prior approval 

24 of the Committees on Appropriations of both Houses of 

25 Congress as required by section 711 of this Act: Provided 
69 

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1 further, That of annual income amounts in the Working 

2 Capital Fund of the Department of Agriculture allocated 

3 for the National Finance Center, the Secretary may re4 serve not more than 4 percent for the replacement or ac5 quisition of capital equipment, including equipment for the 

6 improvement and implementation of a financial manage7 ment plan, information technology, and other systems of 

8 the National Finance Center or to pay any unforeseen, 

9 extraordinary cost of the National Finance Center: Pro10 vided further, That none of the amounts reserved shall be 

11 available for obligation unless the Secretary submits writ12 ten notification of the obligation to the Committees on Ap13 propriations of the House of Representatives and the Sen14 ate: Provided further, That the limitation on the obligation 

15 of funds pending notification to Congressional Committees 

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

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

18 of emergency that significantly impacts the operations of 

19 the National Finance Center; or to evacuate employees of 

20 the National Finance Center to a safe haven to continue 

21 operations of the National Finance Center. 

22 SEC. 703. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 
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1 SEC. 704. No funds appropriated by this Act may be 

2 used to pay negotiated indirect cost rates on cooperative 

3 agreements or similar arrangements between the United 

4 States Department of Agriculture and nonprofit institu5 tions in excess of 10 percent of the total direct cost of 

6 the agreement when the purpose of such cooperative ar7 rangements is to carry out programs of mutual interest 

8 between the two parties. This does not preclude appro9 priate payment of indirect costs on grants and contracts 

10 with such institutions when such indirect costs are com11 puted on a similar basis for all agencies for which appro12 priations are provided in this Act. 

13 SEC. 705. Appropriations to the Department of Agri14 culture for the cost of direct and guaranteed loans made 

15 available in the current fiscal year shall remain available 

16 until expended to disburse obligations made in the current 

17 fiscal year for the following accounts: the Rural Develop18 ment Loan Fund program account, the Rural Electrifica19 tion and Telecommunication Loans program account, and 

20 the Rural Housing Insurance Fund program account. 

21 SEC. 706. Of the funds made available by this Act, 

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

23 expenses of activities related to all advisory committees, 

24 panels, commissions, and task forces of the Department 

25 of Agriculture, except for panels used to comply with nego-
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1 tiated rule makings and panels used to evaluate competi2 tively awarded grants. 

3 SEC. 707. Hereafter, none of the funds appropriated 

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

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

6 30 of the Poultry Products Inspection Act (21 U.S.C. 

7 471). 

8 SEC. 708. No employee of the Department of Agri9 culture may be detailed or assigned from an agency or 

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

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

12 unless the individual’s employing agency or office is fully 

13 reimbursed by the receiving agency or office for the salary 

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

15 SEC. 709. None of the funds appropriated or other16 wise made available to the Department of Agriculture or 

17 the Food and Drug Administration shall be used to trans18 mit or otherwise make available to any non-Department 

19 of Agriculture or non-Department of Health and Human 

20 Services employee questions or responses to questions that 

21 are a result of information requested for the appropria22 tions hearing process. 

23 SEC. 710. None of the funds made available to the 

24 Department of Agriculture by this Act may be used to ac25 quire new information technology systems or significant 
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1 upgrades, as determined by the Office of the Chief Infor2 mation Officer, without the approval of the Chief Informa3 tion Officer and the concurrence of the Executive Informa4 tion Technology Investment Review Board: Provided, That 

5 notwithstanding any other provision of law, none of the 

6 funds appropriated or otherwise made available by this 

7 Act may be transferred to the Office of the Chief Informa8 tion Officer without written notification to and the prior 

9 approval of the Committees on Appropriations of both 

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

11 funds available to the Department of Agriculture for infor12 mation technology shall be obligated for projects over 

13 $25,000 prior to receipt of written approval by the Chief 

14 Information Officer. 

15 SEC. 711. (a) None of the funds provided by this Act, 

16 or provided by previous Appropriations Acts to the agen17 cies funded by this Act that remain available for obligation 

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

19 any accounts in the Treasury of the United States derived 

20 by the collection of fees available to the agencies funded 

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

22 through a reprogramming or transfer of funds which— 

23 (1) creates new programs; 

24 (2) eliminates a program, project, or activity; 
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1 (3) increases funds or personnel by any means 

2 for any project or activity for which funds have been 

3 denied or restricted; 

4 (4) relocates an office or employees; 

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

6 or 

7 (6) contracts out or privatizes any functions or 

8 activities presently performed by Federal employees; 

9 unless the Committees on Appropriations of both 

10 Houses of Congress are notified in writing 30 days 

11 in advance of such reprogramming or transfer of 

12 funds. 

13 (b) None of the funds provided by this Act, or pro14 vided by previous Appropriations Acts to the agencies 

15 funded by this Act that remain available for obligation or 

16 expenditure in the current fiscal year, or provided from 

17 any accounts in the Treasury of the United States derived 

18 by the collection of fees available to the agencies funded 

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

20 for activities, programs, or projects through a reprogram21 ming of funds in excess of $500,000 or 10 percent, which22 ever is less, that: (1) augments existing programs, 

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

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

25 of personnel by 10 percent as approved by Congress; or 
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1 (3) results from any general savings from a reduction in 

2 personnel which would result in a change in existing pro3 grams, activities, or projects as approved by Congress; un4 less the Committees on Appropriations of both Houses of 

5 Congress are notified in writing 30 days in advance of 

6 such reprogramming of funds. 

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

8 Health and Human Services shall notify in writing the 

9 Committees on Appropriations of both Houses of Congress 

10 before implementing a program or activity not carried out 

11 during the previous fiscal year unless the program or ac12 tivity is funded by this Act or specifically funded by any 

13 other Act. 

14 SEC. 712. None of the funds appropriated by this or 

15 any other Act shall be used to pay the salaries and ex16 penses of personnel who prepare or submit appropriations 

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

18 the Congress of the United States for programs under the 

19 jurisdiction of the Appropriations Subcommittees on Agri20 culture, Rural Development, Food and Drug Administra21 tion, and Related Agencies that assumes revenues or re22 flects a reduction from the previous year due to user fees 

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

24 submission of the Budget unless such Budget submission 

25 identifies which additional spending reductions should 
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1 occur in the event the user fees proposals are not enacted 

2 prior to the date of the convening of a committee of con3 ference for the fiscal year 2012 appropriations Act. 

4 SEC. 713. None of the funds made available by this 

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

6 Development office unless or until the Secretary of Agri7 culture determines the cost effectiveness and/or enhance8 ment of program delivery: Provided, That not later than 

9 120 days before the date of the proposed closure or reloca10 tion, the Secretary notifies in writing the Committees on 

11 Appropriation of the House and Senate, and the members 

12 of Congress from the State in which the office is located 

13 of the proposed closure or relocation and provides a report 

14 that describes the justifications for such closures and relo15 cations. 

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

17 Food and Drug Administration by this Act shall be used 

18 to close or relocate, or to plan to close or relocate, the 

19 Food and Drug Administration Division of Pharma20 ceutical Analysis in St. Louis, Missouri, outside the city 

21 or county limits of St. Louis, Missouri. 

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

23 year 2010 or preceding fiscal years for programs author24 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.) 

25 in excess of $20,000,000 shall be used to reimburse the 
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1 Commodity Credit Corporation for the release of eligible 

2 commodities under section 302(f)(2)(A) of the Bill Emer3 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro4 vided, That any such funds made available to reimburse 

5 the Commodity Credit Corporation shall only be used pur6 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu7 manitarian Trust Act. 

8 SEC. 716. There is hereby appropriated $8,000,000, 

9 to remain available until expended, for a grant to the Na10 tional Center for Natural Products Research for construc11 tion or renovation to carry out the research objectives of 

12 the natural products research grant issued by the Food 

13 and Drug Administration. 

14 SEC. 717. Funds made available under section 1240I 

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

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

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

18 available until expended to disburse obligations made in 

19 the current fiscal year. 

20 SEC. 718. None of the funds appropriated or other21 wise made available by this or any other Act shall be used 

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

23 in fiscal year 2011 the following: 

24 (1) A Wetlands Reserve Program as authorized 

25 by sections 1237–1237F of the Food Security Act of 
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1 1985, as amended (16 U.S.C. 3837), to enroll in ex2 cess of 220,000 acres. 

3 (2) A Grasslands Reserve Program as author4 ized by subchapter D of chapter 2 of subtitle D of 

5 title XII of the Food Security Act of 1985, as 

6 amended (16 U.S.C. 3838n–3838q), to enroll in ex7 cess of 245,830 acres. 

8 (3) A Farmland Protection Program as author9 ized by subchapter B of chapter 2 of subtitle D of 

10 title XII of the Food Security Act of 1985, as 

11 amended (16 U.S.C. 3838h–3838i), in excess of 

12 $160,000,000. 

13 (4) An Agricultural Management Assistance 

14 Program as authorized by section 524 of the Federal 

15 Crop Insurance Act, as amended (7 U.S.C. 1524), in 

16 excess of $2,500,000 for the Natural Resources Con17 servation Service. 

18 (5) An Environmental Quality Incentives Pro19 gram as authorized by sections 1240–1240 H of the 

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

21 3839aa–3839aa(8), in excess of $1,318,000,000. 

22 (6) A program authorized by section 14(h)(1 of 

23 the Watershed Protection and Flood Prevention Act 

24 (16 U.S.C. 1012(h)(1). 
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1 (7) A program under subsection (b)(2)(A)(iii) 

2 of section 14222 of Public Law 110–246 in excess 

3 of $1,052,000,000: Provided, That none of the funds 

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

5 used for salaries and expenses to carry out section 

6 19(i)(1)(D) of the Richard B. Russell National 

7 School Lunch Act as amended by section 4304 of 

8 Public Law 110–246 in excess of $37,000,000, in9 cluding the transfer of funds under subsection (c) of 

10 section 14222 of Public Law 110–246, until October 

11 1, 2011: Provided further, That $113,000,000 made 

12 available on October 1, 2011, to carry out section 

13 19(i)(1)(D) of the Richard B. Russell National 

14 School Lunch Act as amended by section 4304 of 

15 Public Law 110–246 shall be excluded from the limi16 tation described in subsection (b)(2)(A)(iv) of sec17 tion 14222 of Public Law 110–246: Provided fur18 ther, That of the amounts made available under sub19 section (b)(2)(A)(iii) of section 14222 of Public Law 

20 110–246 to carry out section 32 activities in fiscal 

21 year 2011, $50,000,000 are hereby rescinded. 

22 SEC. 719. Notwithstanding any other provision of 

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

24 an insured, direct or guaranteed loan under the Rural 

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

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

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

4 Act. 

5 SEC. 720. There is hereby appropriated $2,600,000, 

6 to remain available until expended, for the construction 

7 and interim operations for establishment of an agricul8 tural pest facility in the State of Hawaii. 

9 SEC. 721. Notwithstanding any other provision of 

10 law, the Secretary of Agriculture shall consider— 

11 (1) the town of Brattleboro, Vermont, (includ12 ing individuals and entities with projects within the 

13 town) eligible for loans and grants funded through 

14 the Rural Utilities Service water and waste disposal 

15 program; and 

16 (2) the cities of Greenwood, South Carolina, 

17 and Paragould, Arkansas, (including individuals and 

18 entities with projects within the cities) eligible for 

19 loans and grants funded through the Rural Commu20 nity Facilities Program Account. 

21 SEC. 722. Notwithstanding any other provision of 

22 law, there is hereby appropriated: 

23 (1) $3,000,000 of which $2,000,000 shall be for 

24 a grant to the Wisconsin Department of Agriculture, 

25 Trade, and Consumer Protection, and $1,000,000 
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1 shall be for a grant to the Vermont Agency of Agri2 culture, Foods, and Markets, as authorized by sec3 tion 6402 of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 1621 note); and 

5 (2) $350,000 for a grant to the Wisconsin De6 partment of Agriculture, Trade and Consumer Pro7 tection. 

8 SEC. 723. Notwithstanding any other provision of 

9 law, the Natural Resources Conservation Service shall pro10 vide financial and technical assistance— 

11 (1) through the Watershed and Flood Preven12 tion Operations program to carry out the Cooper 

13 Mine Brooke Watershed project in the State of Con14 necticut; 

15 (2) through the Watershed and Flood Preven16 tion Operations program to carry out the East Lo17 cust Creek Watershed Plan Revision in Missouri, in18 cluding up to 100 percent of the engineering assist19 ance and 75 percent cost share for construction cost 

20 of site RW1; 

21 (3) through the Watershed and Flood Preven22 tion Operations program to carry out the Little 

23 Otter Creek Watershed project in Missouri. The 

24 sponsoring local organization may obtain land rights 

25 by perpetual easements; 
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1 (4) through the Watershed and Flood Preven2 tion Operations program to carry out the Lake 

3 County Watershed in the State of Illinois; 

4 (5) through the Watershed and Flood Preven5 tion Operations program to carry out the Dunloup 

6 Creek Watershed project in Fayette and Raleigh 

7 Counties, West Virginia; 

8 (6) through the Watershed and Flood Preven9 tion Operations program to carry out the North 

10 Fork of Elkhorn Creek Watershed project in the 

11 State of West Virginia; 

12 (7) through the Watershed and Flood Preven13 tion Operations program to carry out the Pocasset 

14 River Floodplain Management project in the State of 

15 Rhode Island; and 

16 (8) through the Watershed and Flood Preven17 tion Operations program to carry out the Southeast 

18 Quadrant Drainage and Flood Prevention project in 

19 the State of Alabama. 

20 SEC. 724. Notwithstanding any other provision of 

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

22 Agricultural Research, Extension, and Education Reform 

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

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

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

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

3 approved for a recipient. 

4 SEC. 725. Except as otherwise specifically provided 

5 by law, unobligated balances remaining available at the 

6 end of the fiscal year from appropriations made available 

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

8 Agency and the Rural Development mission area, shall re9 main available through September 30, 2012, for informa10 tion technology expenses. 

11 SEC. 726. There is hereby appropriated $2,600,000 

12 to carry out section 1621 of Public Law 110–246 and 

13 $3,000,000, to remain available until expended, to carry 

14 out section 1613 of Public Law 110–246. 

15 SEC. 727. There is hereby appropriated $800,000 to 

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

17 demonstrate the use of new technologies that increase the 

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

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

20 of the Gulf of Mexico that were damaged by Hurricane 

21 Katrina in 2005. 

22 SEC. 728. The Secretary of Agriculture may author23 ize a State agency to use funds provided in this Act to 

24 exceed the maximum amount of liquid infant formula 
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1 specified in 7 C.F.R. 246.10 when issuing liquid infant 

2 formula to participants. 

3 SEC. 729. (a) DEPARTMENT OF AGRICULTURE AS4 SISTANCE DURING PANDEMIC EMERGENCY.—During fis5 cal year 2011, in any case in which a school is closed for 

6 at least 5 consecutive days during a pandemic emergency 

7 designation, each household containing at least 1 member 

8 who is an eligible child attending the school shall be eligi9 ble to receive assistance pursuant to a State agency plan 

10 approved under subsection (b). 

11 (b) ASSISTANCE.—To carry out this section, the Sec12 retary of Agriculture may approve State agency plans for 

13 temporary emergency standards of eligibility and levels of 

14 benefits under the Food and Nutrition Act of 2008 (7 

15 U.S.C. 2011 et seq.) for households with eligible children. 

16 Plans approved by the Secretary may provide for supple17 mental allotments to households receiving benefits under 

18 such Act, and issuances to households not already receiv19 ing benefits. Such level of benefits shall be determined by 

20 the Secretary in an amount not less than the value of 

21 meals at the free rate over the course of 5 school days 

22 for each eligible child in the household. 

23 (c) MINIMUM CLOSURE REQUIREMENT.—The Sec24 retary of Agriculture shall not provide assistance under 
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1 this section in the case of a school that is closed for less 

2 than 5 consecutive days. 

3 (d) USE OF EBT SYSTEM.—A State agency may pro4 vide assistance under this section through the EBT card 

5 system established under section 7 of the Food and Nutri6 tion Act of 2008 (7 U.S.C. 2016). 

7 (e) RELEASE OF INFORMATION.—Notwithstanding 

8 any other provision of law, the Secretary of Agriculture 

9 may authorize State educational agencies and school food 

10 authorities administering a school lunch program under 

11 the Richard B. Russell National School Lunch Act (42 

12 U.S.C. 1751 et seq.) to release to appropriate officials ad13 ministering the supplemental nutrition assistance program 

14 such information as may be necessary to carry out this 

15 section. 

16 (f) WAIVERS.—To facilitate implementation of this 

17 section, the Secretary of Agriculture may approve waivers 

18 of the limits on certification periods otherwise applicable 

19 under section 3(f) of the Food and Nutrition Act of 2008 

20 (7 U.S.C. 2012(f)), reporting requirements otherwise ap21 plicable under section 5(f) of such Act (7 U.S.C. 2014(f)), 

22 and other administrative requirements otherwise applica23 ble to State agencies under such Act. 

24 (g) FUNDING.—The Secretary of Agriculture shall 

25 use funds made available under the Food and Nutrition 
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1 Act of 2008 (7 U.S.C. 2011 et seq.) to fund, with the 

2 exception of the commodities described in subsection (h), 

3 benefits provided under this section. 

4 (h) AVAILABILITY OF COMMODITIES.—During fiscal 

5 year 2011, the Secretary of Agriculture may utilize funds 

6 appropriated under section 32 of the Act of August 24, 

7 1935 (7 U.S.C. 612c) to purchase commodities for emer8 gency distribution in any area of the United States during 

9 a pandemic emergency designation. 

10 (i) DEFINITIONS.—In this section: 

11 (1) The term ‘‘eligible child’’ means a child (as 

12 defined in section 12(d) of the Richard B. Russell 

13 National School Lunch Act (42 U.S.C. 1760(d)) 

14 who, if not for the closure of the school attended by 

15 the child during a pandemic emergency designation 

16 and due to concerns about an influenza pandemic, 

17 would receive free or reduced price school meals 

18 under the Richard B. Russell National School Lunch 

19 Act (42 U.S.C. 175l et seq.) at the school. 

20 (2) The term ‘‘pandemic emergency designa21 tion’’ means the declaration— 

22 (A) of a public health emergency, based on 

23 pandemic influenza, by the Secretary of Health 

24 and Human Services under section 319 of the 

25 Public Health Service Act (42 U.S.C. 247d); or 
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1 (B) of a domestic emergency, based on 

2 pandemic influenza, by the Secretary of Home3 land Security. 

4 (3) The term ‘‘school’’ has the meaning given 

5 the term in section 12(d) of the Richard B. Russell 

6 National School Lunch Act (42 U.S.C. 1760(d)). 

7 SEC. 730. Notwithstanding any other provision of 

8 law, school food authorities which received a grant for 

9 equipment assistance under the grant program carried out 

10 pursuant to the heading ‘‘Food and Nutrition Service 

11 Child Nutrition Programs’’ in title I of division A of the 

12 American Recovery and Reinvestment Act of 2009 (Public 

13 Law 111–5) shall be eligible to receive a grant under sec14 tion 749 (j) of the Agriculture, Rural Development, Food 

15 and Drug Administration, and Related Agencies Appro16 priations Act, 2010 (Public Law 111–80). 

17 SEC. 731. In the case of each program established 

18 or amended by the Food, Conservation, and Energy Act 

19 of 2008 (Public Law 110–246), other than by title I or 

20 subtitle A of title III of such Act, or programs for which 

21 indefinite amounts were provided in that Act that is au22 thorized or required to be carried out using funds of the 

23 Commodity Credit Corporation— 

24 (1) such funds shall be available for salaries 

25 and related administrative expenses, including tech-
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1 nical assistance, associated with the implementation 

2 of the program, without regard to the limitation on 

3 the total amount of allotments and fund transfers 

4 contained in section 11 of the Commodity Credit 

5 Corporation Charter Act (15 U.S.C. 714i); and 

6 (2) the use of such funds for such purpose shall 

7 not be considered to be a fund transfer or allotment 

8 for purposes of applying the limitation on the total 

9 amount of allotments and fund transfers contained 

10 in such section. 

11 SEC. 732. (a) Section 502(h)(8) of the Housing Act 

12 of 1949 (42 U.S.C. 1472(h)(8)) is amended by striking 

13 ‘‘1’’ and inserting in lieu thereof ‘‘3.5’’ and inserting at 

14 the end thereof the following new sentence: ‘‘In addition, 

15 the Secretary may collect from the lender an annual fee 

16 not to exceed 0.5 percent of the outstanding principal bal17 ance of the loan for the life of the loan.’’. 

18 (b) Section 739 of the Agriculture, Rural Develop19 ment, Food and Drug Administration, and Related Agen20 cies Appropriation Act, 2001 (H.R. 5426 as enacted by 

21 Public Law 106–387, 115 Stat. 1549A–34) is repealed. 

22 SEC. 733. Hereafter, notwithstanding section 

23 310B(g)(5) of the Consolidated Farm and Rural Develop24 ment Act (7 U.S.C. 1932(g)(5)), the Secretary may assess 

25 a one-time fee for any guaranteed business and industry 
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1 loan in an amount that does not exceed 3 percent of the 

2 guaranteed principal portion of the loan. 

3 SEC. 734. Appropriations to the Department of Agri4 culture made available in fiscal years 2005, 2006, and 

5 2007 to carry out section 601 of the Rural Electrification 

6 Act of 1936 (7 U.S.C. 950bb) for the cost of direct loans 

7 shall remain available until expended to disburse valid ob8 ligations made in fiscal years 2005, 2006, 2007, and 

9 2008. 

10 SEC. 735. Of the unobligated balances in the Agricul11 tural Research Service, Buildings and Facilities account, 

12 $10,066,000 are hereby rescinded: Provided, That no 

13 amounts may be rescinded from amounts that were des14 ignated by the Congress as an emergency requirement 

15 pursuant to the Concurrent Resolution on the Budget or 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985, as amended: Provided further, That no amounts 

18 may be rescinded from amounts that have received an ap19 propriation since 2007 unless construction of those facili20 ties has been completed. 

21 SEC. 736. Of the unobligated balances in the Rural 

22 Business Program account for the Business and Industry 

23 Loan Guarantee Program, $20,070,000, and of the unob24 ligated balances available for the cost of broadband loans, 

25 $15,000,000 are hereby rescinded: Provided, That no 
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1 amounts may be cancelled from amounts that were des2 ignated by the Congress as an emergency requirement 

3 pursuant to the Concurrent Resolution on the Budget or 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985, as amended. 

6 SEC. 737. For an additional amount for the ‘‘Depart7 mental Administration’’ account, $1,000,000, to increase 

8 the Department’s acquisition workforce capacity and capa9 bilities: Provided, That such funds may be transferred by 

10 the Secretary to any other account in the Department to 

11 carry out the purposes provided herein: Provided further, 

12 That such transfer authority is in addition to any other 

13 transfer authority provided in this Act: Provided further, 

14 That such funds shall be available only to supplement and 

15 not to supplant existing acquisition workforce activities: 

16 Provided further, That such funds shall be available for 

17 training, recruitment, and retention of additional members 

18 of the acquisition workforce as defined by the Office of 

19 Federal Procurement Policy Act, as amended (41 U.S.C. 

20 401 et seq.): Provided further, That such funds shall be 

21 available for information technology in support of acquisi22 tion workforce effectiveness or for management solutions 

23 to improve acquisition management. 

24 SEC. 738. The Secretary may reserve, through April 

25 1, 2011, up to 5 percent of the funding available for the 
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1 following items for projects in areas that are engaged in 

2 strategic regional development planning as defined by the 

3 Secretary: business and industry guaranteed loans; rural 

4 development loan fund; rural business enterprise grants; 

5 rural business opportunity grants; rural economic develop6 ment program; rural microenterprise program; biorefinery 

7 assistance program; rural energy for America program; 

8 value-added producer grants; broadband program; water 

9 and waste program; and rural community facilities pro10 gram. 

11 SEC. 739. The Agricultural Research Service may 

12 convey all rights and title of the United States, to a parcel 

13 of land comprising .93 acres, more or less, located in SW1/ 

14 4 Section 26 and NW1/4 Section 35, Township 12 North, 

15 Range 1 East, Salt Lake Meridian in Cache County, Utah, 

16 originally conveyed by the Board of Trustees of the Utah 

17 State University of Agriculture and Applied Science, and 

18 described in instruments recorded in Book 45, pages 493– 

19 495, of the public land records of Cache County, Utah, 

20 including facilities, and fixed equipment, to the Utah State 

21 University, Logan, Utah, in their ‘‘as is’’ condition, once 

22 suitable headhouse and greenhouse facilities have been 

23 provided and when the facilities are vacated by the Agri24 cultural Research Service. 
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1 SEC. 740. Under the Rural Electrification Act of 

2 1936 the Secretary of Agriculture shall conduct a pilot 

3 program that provides loans or loan guarantees for the 

4 construction of not more than three baseload electric gen5 eration plants: Provided, That in issuing loans and loan 

6 guarantees the Secretary shall not discriminate based on 

7 the fuel input of such plants as long as the generation 

8 facility emits into the ambient air CO2 at a rate, in lbs 

9 CO2/MWh, not greater than the CO2 emitted from natural 

10 gas fired generation of a similar size, as determined by 

11 the Secretary: Provided further, That the Secretary shall 

12 charge an upfront fee equal to the subsidy cost of such 

13 loans as calculated in accordance with section 502 of the 

14 Federal Credit Reform Act of 1990: Provided further, 

15 That the fee shall be paid from non-Federal sources: Pro16 vided further, That the source of such payment received 

17 from borrowers is not a loan or other debt obligation that 

18 is guaranteed by the Federal Government: Provided fur19 ther, That gross obligations for the principal amount of 

20 loans authorized by this section shall not exceed 

21 $1,500,000,000. 

22 SEC. 741. (a) When implementing the authority pro23 vided in paragraphs (2) and (3) of section 740(c) of the 

24 Agriculture, Rural Development, Food and Drug Adminis25 tration, and Related Agencies Appropriations Act, 2010 
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1 (Public Law 111–80) that requires the Commissioner of 

2 Food and Drugs to develop updated guidance documents 

3 and review standards for the development of safe and ef4 fective products to treat rare diseases and neglected trop5 ical diseases, the Commissioner shall— 

6 (1) maximize the use of accelerated approval 

7 where feasible and appropriate; 

8 (2) work with sponsors to facilitate expanded 

9 access to investigational therapies; 

10 (3) increase coordination and interaction with 

11 the World Health Organization, European Medicines 

12 Agency, and other international regulatory agencies; 

13 (4) implement mechanisms for enhanced col14 laboration between the Food and Drug Administra15 tion and National Regulatory Authorities in devel16 oping countries; 

17 (5) develop guidance on clinical development 

18 programs for rare diseases; 

19 (6) develop guidance on the use of surrogate 

20 endpoints that are reasonably likely to predict clin21 ical benefit of drugs and biological products under 

22 the regulations under subpart H of part 314 of title 

23 21, Code of Federal Regulations and subpart E of 

24 part 601 of title 21, Code of Federal Regulations; 

25 and 
93 

•S 3606 PCS

1 (7) increase coordination among individual 

2 drug, biological product, and device review divisions 

3 across Food and Drug Administration centers to 

4 support the development of safe and effective med5 ical products for rare and neglected diseases. 

6 (b) The Commissioner of Food and Drugs shall sub7 mit a report to the Committee on Appropriations of the 

8 Senate and the Committee on Appropriations of the House 

9 of Representatives not later than 180 days after the report 

10 required in section 740(c)(1) of the Agriculture, Rural De11 velopment, Food and Drug Administration, and Related 

12 Agencies Appropriations Act, 2010 (Public Law 111–80) 

13 is submitted: Provided, That the report submitted in re14 sponse to this section shall describe in detail how the Food 

15 and Drug Administration is implementing subsection (a). 

16 This Act may be cited as the ‘‘Agriculture, Rural De17 velopment, Food and Drug Administration, and Related 

18 Agencies Appropriations Act, 2011’’. 
Calendar No. 464 

111TH CONGRESS 

2D SESSION S. 3606 

[Report No. 111–221] 

A BILL 

Making appropriations for Agriculture, Rural Deposes. ending September 30, 2011, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and 

JULY 15, 2010 

Read twice and placed on the calendar