I 

111TH CONGRESS 

1ST SESSION H. R. 2997 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies 

programs for the fiscal year ending September 30, 2010, 

and for other purposes. 

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

3 That the following sums are appropriated, out of any 

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

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

8 namely: 


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1 TITLE I 

2 AGRICULTURAL PROGRAMS 

3 PRODUCTION, PROCESSING AND MARKETING

4 OFFICE OF THE SECRETARY

5 For necessary expenses of the Office of the Secretary 

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

7 $11,000 of this amount shall be available for official recep8 tion and representation expenses, not otherwise provided 

9 for, as determined by the Secretary. 

10 OFFICE OF TRIBAL RELATIONS

11 For necessary expenses of the Office of Tribal Rela12 tions, $1,000,000, to support communication and con13 sultation activities with Federally Recognized Tribes, as 

14 well as other requirements established by law. 

15 EXECUTIVE OPERATIONS

16 OFFICE OF THE CHIEF ECONOMIST

17 For necessary expenses of the Office of the Chief 

18 Economist, $13,032,000 (reduced by $50,000). 

19 NATIONAL APPEALS DIVISION

20 For necessary expenses of the National Appeals Divi21 sion, $15,289,000. 

22 OFFICE OF BUDGET AND PROGRAM ANALYSIS

23 For necessary expenses of the Office of Budget and 

24 Program Analysis, $9,436,000. 


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1 OFFICE OF HOMELAND SECURITY

2 For necessary expenses of the Office of Homeland Se3 curity, $2,494,000. 

4 OFFICE OF ADVOCACY AND OUTREACH

5 For necessary expenses of the Office of Advocacy and 

6 Outreach, $3,000,000. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, $61,579,000 (reduced by $2,000,000) 

10 (reduced by $1,000,000) (reduced by $10,038,000). 

11 OFFICE OF THE CHIEF FINANCIAL OFFICER

12 For necessary expenses of the Office of the Chief Fi13 nancial Officer, $6,466,000: Provided, That no funds 

14 made available by this appropriation may be obligated for 

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

16 has submitted to the Committees on Appropriations of 

17 both Houses of Congress and the Committee on Oversight 

18 and Government Reform of the House of Representatives 

19 a report on the Department’s contracting out policies, in20 cluding agency budgets for contracting out. 

21 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

22 RIGHTS

23 For necessary expenses of the Office of the Assistant 

24 Secretary for Civil Rights, $888,000. Office of Civil Rights 


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1 For necessary expenses of the Office of Civil Rights, 

2 $23,922,000. 

3 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

4 PAYMENTS

5 (INCLUDING TRANSFERS OF FUNDS)

6 For payment of space rental and related costs pursu7 ant to Public Law 92–313, including authorities pursuant 

8 to the 1984 delegation of authority from the Adminis9 trator of General Services to the Department of Agri10 culture under 40 U.S.C. 486, for programs and activities 

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

12 alterations and other actions needed for the Department 

13 and its agencies to consolidate unneeded space into con14 figurations suitable for release to the Administrator of 

15 General Services, and for the operation, maintenance, im16 provement, and repair of Agriculture buildings and facili17 ties, and for related costs, $326,982,000 (reduced by 

18 $500,000), to remain available until expended, of which 

19 $224,401,000 (reduced by $500,000) shall be available for 

20 payments to the General Services Administration for rent; 

21 of which $13,500,000 for payment to the Department of 

22 Homeland Security for building security activities; and of 

23 which $89,081,000 for buildings operations and mainte24 nance expenses: Provided, That the Secretary can use up 

25 to $69,000,000 of these funds to cover shortfalls incurred 


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1 in prior year rental payments: Provided further, That the 

2 Secretary is authorized to transfer funds from a Depart3 mental agency to this account to recover the full cost of 

4 the space and security expenses of that agency that are 

5 funded by this account when the actual costs exceed the 

6 agency estimate which will be available for the activities 

7 and payments described herein. 

8 HAZARDOUS MATERIALS MANAGEMENT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the Department of Agri11 culture, to comply with the Comprehensive Environmental 

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

13 9601 et seq.) and the Resource Conservation and Recovery 

14 Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain avail15 able until expended: Provided, That appropriations and 

16 funds available herein to the Department for Hazardous 

17 Materials Management may be transferred to any agency 

18 of the Department for its use in meeting all requirements 

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

20 lands. 

21 DEPARTMENTAL ADMINISTRATION

22 (INCLUDING TRANSFERS OF FUNDS)

23 For Departmental Administration, $41,319,000 (re24 duced by $4,000,000), to provide for necessary expenses 

25 for management support services to offices of the DepartVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H2997.PP H2997

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1 ment and for general administration, security, repairs and 

2 alterations, and other miscellaneous supplies and expenses 

3 not otherwise provided for and necessary for the practical 

4 and efficient work of the Department: Provided, That this 

5 appropriation shall be reimbursed from applicable appro6 priations in this Act for travel expenses incident to the 

7 holding of hearings as required by 5 U.S.C. 551–558: Pro8 vided further, That of the amount appropriated, 

9 $13,000,000 is for stabilization and reconstruction activi10 ties to be carried out under the authority provided by title 

11 XIV of the Food and Agriculture Act of 1977 (7 U.S.C. 

12 3101 et seq.) and other applicable laws. 

13 OFFICE OF THE ASSISTANT SECRETARY FOR

14 CONGRESSIONAL RELATIONS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Office of the Assistant 

17 Secretary for Congressional Relations to carry out the pro18 grams funded by this Act, including programs involving 

19 intergovernmental affairs and liaison within the executive 

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

21 transferred to agencies of the Department of Agriculture 

22 funded by this Act to maintain personnel at the agency 

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

24 this appropriation may be obligated after 30 days from 

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


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1 has notified the Committees on Appropriations of both 

2 Houses of Congress on the allocation of these funds by 

3 USDA agency: Provided further, That no other funds ap4 propriated to the Department by this Act shall be available 

5 to the Department for support of activities of congres6 sional relations. 

7 OFFICE OF COMMUNICATIONS

8 For necessary expenses of the Office of Communica9 tions, $9,722,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General, including employment pursuant to the Inspector 

13 General Act of 1978, $88,781,000 (increased by 

14 $500,000), including such sums as may be necessary for 

15 contracting and other arrangements with public agencies 

16 and private persons pursuant to section 6(a)(9) of the In17 spector General Act of 1978, and including not to exceed 

18 $125,000 for certain confidential operational expenses, in19 cluding the payment of informants, to be expended under 

20 the direction of the Inspector General pursuant to Public 

21 Law 95–452 and section 1337 of Public Law 97–98. 

22 OFFICE OF THE GENERAL COUNSEL

23 For necessary expenses of the Office of the General 

24 Counsel, $43,601,000. 


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1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

2 EDUCATION AND ECONOMICS

3 For necessary expenses of the Office of the Under 

4 Secretary for Research, Education and Economics, 

5 $620,000. 

6 ECONOMIC RESEARCH SERVICE

7 For necessary expenses of the Economic Research 

8 Service, $82,478,000 (increased by $50,000). 

9 NATIONAL AGRICULTURAL STATISTICS SERVICE

10 For necessary expenses of the National Agricultural 

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

12 $37,908,000 shall be available until expended for the Cen13 sus of Agriculture. 

14 AGRICULTURAL RESEARCH SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Agricultural Research 

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

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

19 for land exchanges where the lands exchanged shall be of 

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

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

22 total value of the land or interests transferred out of Fed23 eral ownership, $1,155,568,000 (increased by 

24 $2,000,000): Provided, That appropriations hereunder 

25 shall be available for the operation and maintenance of 


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1 aircraft and the purchase of not to exceed one for replace2 ment only: Provided further, That appropriations here3 under shall be available pursuant to 7 U.S.C. 2250 for 

4 the construction, alteration, and repair of buildings and 

5 improvements, but unless otherwise provided, the cost of 

6 constructing any one building shall not exceed $375,000, 

7 except for headhouses or greenhouses which shall each be 

8 limited to $1,200,000, and except for 10 buildings to be 

9 constructed or improved at a cost not to exceed $750,000 

10 each, and the cost of altering any one building during the 

11 fiscal year shall not exceed 10 percent of the current re12 placement value of the building or $375,000, whichever 

13 is greater: Provided further, That the limitations on alter14 ations contained in this Act shall not apply to moderniza15 tion or replacement of existing facilities at Beltsville, 

16 Maryland: Provided further, That appropriations here17 under shall be available for granting easements at the 

18 Beltsville Agricultural Research Center: Provided further, 

19 That the foregoing limitations shall not apply to replace20 ment of buildings needed to carry out the Act of April 

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

22 may be received from any State, other political subdivi23 sion, organization, or individual for the purpose of estab24 lishing or operating any research facility or research 


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1 project of the Agricultural Research Service, as authorized 

2 by law. 

3 BUILDINGS AND FACILITIES

4 For acquisition of land, construction, repair, improve5 ment, extension, alteration, and purchase of fixed equip6 ment or facilities as necessary to carry out the agricultural 

7 research programs of the Department of Agriculture, 

8 where not otherwise provided, $35,000,000, to remain 

9 available until expended. 

10 NATIONAL INSTITUTE OF FOOD AND 

11 AGRICULTURE 

12 RESEARCH AND EDUCATION ACTIVITIES

13 For payments to agricultural experiment stations, for 

14 cooperative forestry and other research, for facilities, and 

15 for other expenses, $708,004,000 (increased by 

16 $3,519,000), as follows: to carry out the provisions of the 

17 Hatch Act of 1887 (7 U.S.C. 361a–i), $215,000,000; for 

18 grants for cooperative forestry research (16 U.S.C. 582a 

19 through a–7), $28,000,000; for payments to eligible insti20 tutions (7 U.S.C. 3222), $48,000,000, provided that each 

21 institution receives no less than $1,000,000; for special 

22 grants (7 U.S.C. 450i(c)), $70,676,000; for competitive 

23 grants on improved pest control (7 U.S.C. 450i(c)), 

24 $15,945,000; for competitive grants (7 U.S.C. 450(i)(b)), 

25 $210,000,000 (increased by $3,000,000), to remain availVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\H2997.PP H2997

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1 able until expended; for the support of animal health and 

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

3 1994 research grants program for 1994 institutions pur4 suant to section 536 of Public Law 103–382 (7 U.S.C. 

5 301 note), $1,610,000, to remain available until expended; 

6 for rangeland research grants (7 U.S.C. 3333), $983,000; 

7 for higher education graduate fellowship grants (7 U.S.C. 

8 3152(b)(6)), $3,859,000, to remain available until ex9 pended (7 U.S.C. 2209b); for a program pursuant to sec10 tion 1415A of the National Agricultural Research, Exten11 sion, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 

12 $4,000,000, to remain available until expended; for higher 

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

14 $5,654,000; for a higher education multicultural scholars 

15 program (7 U.S.C. 3152(b)(5)), $981,000 (increased by 

16 $519,000), to remain available until expended (7 U.S.C. 

17 2209b); for an education grants program for Hispanic18 serving Institutions (7 U.S.C. 3241), $10,000,000; for 

19 competitive grants for the purpose of carrying out all pro20 visions of 7 U.S.C. 3156 to individual eligible institutions 

21 or consortia of eligible institutions in Alaska and in Ha22 waii, with funds awarded equally to each of the States of 

23 Alaska and Hawaii, $3,196,000; for a secondary agri24 culture education program and 2-year post-secondary edu25 cation (7 U.S.C. 3152(j)), $983,000; for aquaculture 


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1 grants (7 U.S.C. 3322), $3,928,000; for sustainable agri2 culture research and education (7 U.S.C. 5811), 

3 $14,399,000; for a program of capacity building grants 

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

5 funds under 7 U.S.C. 3221 and 3222, $20,000,000, to 

6 remain available until expended (7 U.S.C. 2209b); for pay7 ments to the 1994 Institutions pursuant to section 

8 534(a)(1) of Public Law 103–382, $3,342,000; for resi9 dent instruction grants for insular areas under section 

10 1491 of the National Agricultural Research, Extension, 

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

12 $1,000,000; for distance education grants for insular 

13 areas under section 1490 of the National Agricultural Re14 search, Extension, and Teaching Policy Act of 1977 (7 

15 U.S.C. 3362), $1,000,000; for competitive grants for the 

16 purpose of carrying out section 7526 of the Food, Con17 servation, and Energy Act of 2008 to eligible institutions, 

18 $3,000,000; for a new era rural technology program pur19 suant to section 1473E of the National Agricultural Re20 search, Extension, and Teaching Policy Act of 1977 (7 

21 U.S.C. 3319e), $1,000,000; and for necessary expenses of 

22 Research and Education Activities, $38,498,000, of which 

23 $2,704,000 for the Research, Education, and Economics 

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


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1 Grants Information System, are to remain available until 

2 expended. 

3 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

4 For the Native American Institutions Endowment 

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

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

7 EXTENSION ACTIVITIES

8 For payments to States, the District of Columbia, 

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

10 Northern Marianas, and American Samoa, $485,466,000, 

11 as follows: payments for cooperative extension work under 

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

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

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

15 costs for extension agents, $295,000,000; payments for 

16 extension work at the 1994 Institutions under the Smith17 Lever Act (7 U.S.C. 343(b)(3)), $4,321,000; payments for 

18 the nutrition and family education program for low-income 

19 areas under section 3(d) of the Act, $68,000,000; pay20 ments for the pest management program under section 

21 3(d) of the Act, $9,791,000; payments for the farm safety 

22 program under section 3(d) of the Act, $4,863,000; pay23 ments for New Technologies for Ag Extension under sec24 tion 3(d) of the Act, $1,500,000; payments to upgrade re25 search, extension, and teaching facilities at institutions eliVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\H2997.PP H2997

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1 gible to receive funds under 7 U.S.C. 3221 and 3222, 

2 $21,000,000, to remain available until expended; pay3 ments for youth-at-risk programs under section 3(d) of the 

4 Smith-Lever Act, $8,396,000; for youth farm safety edu5 cation and certification extension grants, to be awarded 

6 competitively under section 3(d) of the Act, $479,000; 

7 payments for carrying out the provisions of the Renewable 

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

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

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

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

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

13 $4,568,000; payments for cooperative extension work by 

14 eligible institutions (7 U.S.C. 3221), $44,000,000, pro15 vided that each institution receives no less than 

16 $1,000,000; for grants to youth organizations pursuant to 

17 7 U.S.C. 7630, $1,800,000; payments to carry out the 

18 food animal residue avoidance database program as au19 thorized by 7 U.S.C. 7642, $806,000; and for necessary 

20 expenses of Extension Activities, $13,934,000. 

21 INTEGRATED ACTIVITIES

22 For the integrated research, education, and extension 

23 grants programs, including necessary administrative ex24 penses, $60,022,000, as follows: for competitive grants 

25 programs authorized under section 406 of the Agricultural 


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1 Research, Extension, and Education Reform Act of 1998 

2 (7 U.S.C. 7626), $45,148,000, including $12,649,000 for 

3 the water quality program, $14,596,000 for the food safe4 ty program, $4,096,000 for the regional pest management 

5 centers program, $4,388,000 for the Food Quality Protec6 tion Act risk mitigation program for major food crop sys7 tems, $1,365,000 for the crops affected by Food Quality 

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

9 bromide transition program, and $5,000,000 for the or10 ganic transition program; for a competitive international 

11 science and education grants program authorized under 

12 section 1459A of the National Agricultural Research, Ex13 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

14 3292b), to remain available until expended, $3,000,000; 

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

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

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

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

19 centers program; and $9,830,000 for the Food and Agri20 culture Defense Initiative authorized under section 1484 

21 of the National Agricultural Research, Extension, and 

22 Teaching Policy Act of 1977, to remain available until 

23 September 30, 2011. 


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1 OFFICE OF THE UNDER SECRETARY FOR MARKETING

2 AND REGULATORY PROGRAMS

3 For necessary expenses of the Office of the Under 

4 Secretary for Marketing and Regulatory Programs, 

5 $753,000. 

6 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Animal and Plant 

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

11 representation allowances and for expenses pursuant to 

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

13 $881,019,000, of which $2,058,000 shall be available for 

14 the control of outbreaks of insects, plant diseases, animal 

15 diseases and for control of pest animals and birds to the 

16 extent necessary to meet emergency conditions; of which 

17 $23,390,000 shall be used for the cotton pests program 

18 for cost share purposes or for debt retirement for active 

19 eradication zones; of which $60,243,000 shall be used to 

20 prevent and control avian influenza and shall remain avail21 able until expended: Provided, That funds provided for the 

22 contingency fund to meet emergency conditions, informa23 tion technology infrastructure, fruit fly program, emerging 

24 plant pests, cotton pests program, grasshopper and mor25 mon cricket program, the plum pox program, the National 


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1 Veterinary Stockpile, up to $1,500,000 in the scrapie pro2 gram for indemnities, up to $1,000,000 for wildlife serv3 ices methods development, up to $1,000,000 of the wildlife 

4 services operations program for aviation safety, and up to 

5 25 percent of the screwworm program shall remain avail6 able until expended: Provided further, That no funds shall 

7 be used to formulate or administer a brucellosis eradi8 cation program for the current fiscal year that does not 

9 require minimum matching by the States of at least 40 

10 percent: Provided further, That this appropriation shall be 

11 available for the operation and maintenance of aircraft 

12 and the purchase of not to exceed four, of which two shall 

13 be for replacement only: Provided further, That, in addi14 tion, in emergencies which threaten any segment of the 

15 agricultural production industry of this country, the Sec16 retary may transfer from other appropriations or funds 

17 available to the agencies or corporations of the Depart18 ment such sums as may be deemed necessary, to be avail19 able only in such emergencies for the arrest and eradi20 cation of contagious or infectious disease or pests of ani21 mals, poultry, or plants, and for expenses in accordance 

22 with sections 10411 and 10417 of the Animal Health Pro23 tection Act (7 U.S.C. 8310 and 8316) and sections 431 

24 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 

25 7772), and any unexpended balances of funds transferred 


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1 for such emergency purposes in the preceding fiscal year 

2 shall be merged with such transferred amounts: Provided 

3 further, That appropriations hereunder shall be available 

4 pursuant to law (7 U.S.C. 2250) for the repair and alter5 ation of leased buildings and improvements, but unless 

6 otherwise provided the cost of altering any one building 

7 during the fiscal year shall not exceed 10 percent of the 

8 current replacement value of the building. 

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

10 fees to cover the total costs of providing technical assist11 ance, goods, or services requested by States, other political 

12 subdivisions, domestic and international organizations, 

13 foreign governments, or individuals, provided that such 

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

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

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

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

18 until expended, without further appropriation, for pro19 viding such assistance, goods, or services. 

20 BUILDINGS AND FACILITIES

21 For plans, construction, repair, preventive mainte22 nance, environmental support, improvement, extension, al23 teration, and purchase of fixed equipment or facilities, as 

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


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

3 AGRICULTURAL MARKETING SERVICE

4 MARKETING SERVICES

5 For necessary expenses of the Agricultural Marketing 

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

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

8 alteration and repair of buildings and improvements, but 

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

10 shall not exceed 10 percent of the current replacement 

11 value of the building. Fees may be collected for the cost 

12 of standardization activities, as established by regulation 

13 pursuant to law (31 U.S.C. 9701). 

14 LIMITATION ON ADMINISTRATIVE EXPENSES

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

16 be obligated during the current fiscal year for administra17 tive expenses: Provided, That if crop size is understated 

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

19 exceed this limitation by up to 10 percent with notification 

20 to the Committees on Appropriations of both Houses of 

21 Congress. 


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1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

2 SUPPLY (SECTION 32)

3 (INCLUDING TRANSFERS OF FUNDS)

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

7 related operating expenses, including not less than 

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

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

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

14 orders pursuant to the Agricultural Marketing Agreement 

15 Act of 1937 and the Agricultural Act of 1961. 

16 PAYMENTS TO STATES AND POSSESSIONS

17 For payments to departments of agriculture, bureaus 

18 and departments of markets, and similar agencies for 

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

21 $1,334,000. 


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1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Grain Inspection, 

5 Packers and Stockyards Administration, $41,964,000: 

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

8 of buildings and improvements, but the cost of altering 

9 any one building during the fiscal year shall not exceed 

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

12 LIMITATION ON INSPECTION AND WEIGHING SERVICES

13 EXPENSES

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

15 be obligated during the current fiscal year for inspection 

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

18 other uncontrollable factors occur, this limitation may be 

19 exceeded by up to 10 percent with notification to the Com20 mittees on Appropriations of both Houses of Congress. Of21 fice of the Under Secretary for Food Safety For necessary 

22 expenses of the Office of the Under Secretary for Food 

23 Safety, $622,000. 


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1 FOOD SAFETY AND INSPECTION SERVICE

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

4 Products Inspection Act, and the Egg Products Inspection 

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

6 allowances and for expenses pursuant to section 8 of the 

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

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

11 Food, Agriculture, Conservation and Trade Act of 1990 

12 (7 U.S.C. 138f): Provided, That no fewer than 120 full13 time equivalent positions shall be employed during fiscal 

14 year 2010 for purposes dedicated solely to inspections and 

15 enforcement related to the Humane Methods of Slaughter 

16 Act: Provided further, That of the amount available under 

17 this heading, $3,000,000 shall be obligated to maintain 

18 the Humane Animal Tracking System as part of the Pub19 lic Health Data Communication Infrastructure System: 

20 Provided further, That this appropriation shall be available 

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

22 repair of buildings and improvements, but the cost of al23 tering any one building during the fiscal year shall not 

24 exceed 10 percent of the current replacement value of the 

25 building. 


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1 OFFICE OF THE UNDER SECRETARY FOR FARM AND

2 FOREIGN AGRICULTURAL SERVICES

3 For necessary expenses of the Office of the Under 

4 Secretary for Farm and Foreign Agricultural Services, 

5 $662,000. 

6 FARM SERVICE AGENCY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Farm Service Agency, 

10 $1,253,777,000 (reduced by $5,000,000): Provided, That 

11 the Secretary is authorized to use the services, facilities, 

12 and authorities (but not the funds) of the Commodity 

13 Credit Corporation to make program payments for all pro14 grams administered by the Agency: Provided further, That 

15 other funds made available to the Agency for authorized 

16 activities may be advanced to and merged with this ac17 count. 

18 STATE MEDIATION GRANTS

19 For grants pursuant to section 502(b) of the Agricul20 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

21 5106), $4,000,000. 

22 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

23 For necessary expenses to carry out wellhead or 

24 groundwater protection activities under section 1240O of 


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

2 $5,000,000, to remain available until expended. 

3 DAIRY INDEMNITY PROGRAM

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses involved in making indemnity 

6 payments to dairy farmers and manufacturers of dairy 

7 products under a dairy indemnity program, such sums as 

8 may be necessary, to remain available until expended: Pro9 vided, That such program is carried out by the Secretary 

10 in the same manner as the dairy indemnity program de11 scribed in the Agriculture, Rural Development, Food and 

12 Drug Administration, and Related Agencies Appropria13 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

14 12). 

15 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For gross obligations for the principal amount of di19 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

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

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

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

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

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

25 from funds in the Agricultural Credit Insurance Fund, as 


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

2 $1,500,000,000 shall be for unsubsidized guaranteed 

3 loans and $392,990,000 shall be for direct loans; oper4 ating loans, $1,994,467,000, of which $1,150,000,000 

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

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

7 shall be for direct loans; Indian tribe land acquisition 

8 loans, $3,940,000; conservation loans, $150,000,000, of 

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

10 $75,000,000 shall be for direct loans; Indian highly 

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

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

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

14 weevil for the purpose of boll weevil eradication program 

15 loans. 

16 For the cost of direct and guaranteed loans, including 

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

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

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

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

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

22 which $26,910,000 shall be for unsubsidized guaranteed 

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

24 loans, and $33,180,000 shall be for direct loans; conserva25 tion loans, $1,343,000, of which $278,000 shall be for 


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

2 loans; and Indian highly fractionated land loans, 

3 $793,000. 

4 In addition, for administrative expenses necessary to 

5 carry out the direct and guaranteed loan programs, 

6 $326,093,000 (reduced by $519,000), of which 

7 $318,173,000 (reduced by $519,000) shall be transferred 

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

9 Agency, Salaries and Expenses’’. 

10 Funds appropriated by this Act to the Agricultural 

11 Credit Insurance Program Account for farm ownership, 

12 operating and conservation direct loans and guaranteed 

13 loans may be transferred among these programs: Pro14 vided, That the Committees on Appropriations of both 

15 Houses of Congress are notified at least 15 days in ad16 vance of any transfer. 

17 RISK MANAGEMENT AGENCY

18 For necessary expenses of the Risk Management 

19 Agency, $80,325,000: Provided, That the funds made 

20 available under section 522(e) of the Federal Crop Insur21 ance Act (7 U.S.C. 1522(e)) may be used for the Common 

22 Information Management System: Provided further, That 

23 not to exceed $1,000 shall be available for official recep24 tion and representation expenses, as authorized by 7 

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


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1 CORPORATIONS 

2 The following corporations and agencies are hereby 

3 authorized to make expenditures, within the limits of 

4 funds and borrowing authority available to each such cor5 poration or agency and in accord with law, and to make 

6 contracts and commitments without regard to fiscal year 

7 limitations as provided by section 104 of the Government 

8 Corporation Control Act as may be necessary in carrying 

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

10 fiscal year for such corporation or agency, except as here11 inafter provided. 

12 FEDERAL CROP INSURANCE CORPORATION FUND

13 For payments as authorized by section 516 of the 

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

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

16 COMMODITY CREDIT CORPORATION FUND

17 REIMBURSEMENT FOR NET REALIZED LOSSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For the current fiscal year, such sums as may be nec20 essary to reimburse the Commodity Credit Corporation for 

21 net realized losses sustained, but not previously reim22 bursed, pursuant to section 2 of the Act of August 17, 

23 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

24 available to the Commodity Credit Corporation under sec25 tion 11 of the Commodity Credit Corporation Charter Act 


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1 (15 U.S.C. 714i) for the conduct of its business with the 

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

3 transferred to and used by the Foreign Agricultural Serv4 ice for information resource management activities of the 

5 Foreign Agricultural Service that are not related to Com6 modity Credit Corporation business. 

7 HAZARDOUS WASTE MANAGEMENT

8 (LIMITATION ON EXPENSES)

9 For the current fiscal year, the Commodity Credit 

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

11 site investigation and cleanup expenses, and operations 

12 and maintenance expenses to comply with the requirement 

13 of section 107(g) of the Comprehensive Environmental 

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

15 9607(g)), and section 6001 of the Resource Conservation 

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

17 TITLE II 

18 CONSERVATION PROGRAMS 

19 OFFICE OF THE UNDER SECRETARY FOR NATURAL

20 RESOURCES AND ENVIRONMENT

21 For necessary expenses of the Office of the Under 

22 Secretary for Natural Resources and Environment, 

23 $774,000. 


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1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

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

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

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

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

12 soil; dissemination of information; acquisition of lands, 

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

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

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

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

19 $869,397,000 (increased by $5,000,000), to remain avail20 able until September 30, 2011: Provided, That appropria21 tions hereunder shall be available pursuant to 7 U.S.C. 

22 2250 for construction and improvement of buildings and 

23 public improvements at plant materials centers, except 

24 that the cost of alterations and improvements to other 

25 buildings and other public improvements shall not exceed 


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1 $250,000: Provided further, That when buildings or other 

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

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

4 2250a. 

5 WATERSHED AND FLOOD PREVENTION OPERATIONS

6 For necessary expenses to carry out preventive meas7 ures, including but not limited to research, engineering op8 erations, methods of cultivation, the growing of vegetation, 

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

10 in accordance with the Watershed Protection and Flood 

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

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

13 590a–f), and in accordance with the provisions of laws re14 lating to the activities of the Department, $20,000,000, 

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

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

17 for technical assistance. 

18 WATERSHED REHABILITATION PROGRAM

19 For necessary expenses to carry out rehabilitation of 

20 structural measures, in accordance with section 14 of the 

21 Watershed Protection and Flood Prevention Act (16 

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

23 laws relating to the activities of the Department, 

24 $40,161,000, to remain available until expended. 


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1 RESOURCE CONSERVATION AND DEVELOPMENT

2 For necessary expenses in planning and carrying out 

3 projects for resource conservation and development and 

4 for sound land use pursuant to the provisions of sections 

5 31 and 32 of the Bankhead-Jones Farm Tenant Act (7 

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

7 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of 

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

9 3461), $50,730,000: Provided, That not to exceed 

10 $3,073,000 shall be available for national headquarters ac11 tivities. 

12 TITLE III 

13 RURAL DEVELOPMENT PROGRAMS 

14 OFFICE OF THE UNDER SECRETARY FOR RURAL

15 DEVELOPMENT

16 For necessary expenses of the Office of the Under 

17 Secretary for Rural Development, $660,000. 

18 RURAL DEVELOPMENT SALARIES AND EXPENSES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses for carrying out the adminis21 tration and implementation of programs in the Rural De22 velopment mission area, including activities with institu23 tions concerning the development and operation of agricul24 tural cooperatives; and for cooperative agreements; 

25 $195,987,000: Provided, That notwithstanding any other 


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1 provision of law, funds appropriated under this section 

2 may be used for advertising and promotional activities 

3 that support the Rural Development mission area: Pro4 vided further, That not more than $10,000 may be ex5 pended to provide modest nonmonetary awards to non6 USDA employees: Provided further, That any balances 

7 available from prior years for the Rural Utilities Service, 

8 Rural Housing Service, and the Rural Business-Coopera9 tive Service salaries and expenses accounts shall be trans10 ferred to and merged with this appropriation. 

11 RURAL HOUSING SERVICE

12 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For gross obligations for the principal amount of di15 rect and guaranteed loans as authorized by title V of the 

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

17 rural housing insurance fund, as follows: $7,325,932,000 

18 for loans to section 502 borrowers, of which 

19 $1,121,488,000 shall be for direct loans, and of which 

20 $6,204,444,000 shall be for unsubsidized guaranteed 

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

22 $80,000,000 for section 515 rental housing; $129,090,000 

23 for section 538 guaranteed multi-family housing loans; 

24 $5,045,000 for section 524 site loans; $11,448,000 for 

25 credit sales of acquired property, of which up to 


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

2 $4,970,000 for section 523 self-help housing land develop3 ment loans. 

4 For the cost of direct and guaranteed loans, including 

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

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

7 502 loans, $130,334,000, of which $40,710,000 shall be 

8 for direct loans, and of which $89,624,000, to remain 

9 available until expended, shall be for unsubsidized guaran10 teed loans; section 504 housing repair loans, $4,422,000; 

11 repair, rehabilitation, and new construction of section 515 

12 rental housing, $21,792,000; section 538 multi-family 

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

14 acquired property, $556,000: Provided, That of the total 

15 amount appropriated in this paragraph, $2,500,000 shall 

16 be available through June 30, 2010, for authorized em17 powerment zones and enterprise communities and commu18 nities designated by the Secretary of Agriculture as Rural 

19 Economic Area Partnership Zones: Provided further, That 

20 section 538 multi-family housing guaranteed loans funded 

21 pursuant to this paragraph shall not be subject to a guar22 antee fee and the interest on such loans may not be sub23 sidized: Provided further, That any balances for a dem24 onstration program for the preservation and revitalization 

25 of the section 515 multi-family rental housing properties 


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1 as authorized by Public Law 109–97 and Public Law 110– 

2 5 shall be transferred to and merged with the‘‘Rural 

3 Housing Service, Multi-family Housing Revitalization Pro4 gram Account’’. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct and guaranteed loan programs, 

7 $468,593,000 shall be transferred to and merged with the 

8 appropriation for ‘‘Rural Development, Salaries and Ex9 penses’’. 

10 RENTAL ASSISTANCE PROGRAM

11 For rental assistance agreements entered into or re12 newed pursuant to the authority under section 521(a)(2) 

13 or agreements entered into in lieu of debt forgiveness or 

14 payments for eligible households as authorized by section 

15 502(c)(5)(D) of the Housing Act of 1949, $980,000,000; 

16 and, in addition, such sums as may be necessary, as au17 thorized by section 521(c) of the Act, to liquidate debt 

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

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

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

21 available for debt forgiveness or payments for eligible 

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

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

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1 chasing projects pursuant to section 502(c)(5)(C) of the 

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

3 $2,030,000 is available for newly constructed units fi4 nanced by section 515 of the Housing Act of 1949, and 

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

6 financed under sections 514 and 516 of the Housing Act 

7 of 1949: Provided further, That rental assistance agree8 ments entered into or renewed during the current fiscal 

9 year shall be funded for a one-year period: Provided fur10 ther, That any unexpended balances remaining at the end 

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

12 for the purposes of any debt reduction; maintenance, re13 pair, or rehabilitation of any existing projects; preserva14 tion; and rental assistance activities authorized under title 

15 V of the Act: Provided further, That rental assistance pro16 vided under agreements entered into prior to fiscal year 

17 2010 for a farm labor multi-family housing project fi18 nanced under section 514 or 516 of the Act may not be 

19 recaptured for use in another project until such assistance 

20 has remained unused for a period of 12 consecutive 

21 months, if such project has a waiting list of tenants seek22 ing such assistance or the project has rental assistance 

23 eligible tenants who are not receiving such assistance: Pro24 vided further, That such recaptured rental assistance shall, 

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


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HR 2997 PP 

1 multi-family housing project financed under section 514 

2 or 516 of the Act. 

3 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

4 ACCOUNT

5 For the rural housing voucher program as authorized 

6 under section 542 of the Housing Act of 1949, but not7 withstanding subsection (b) of such section, for the cost 

8 to conduct a housing demonstration program to provide 

9 revolving loans for the preservation of low-income multi10 family housing projects, and for additional costs to con11 duct a demonstration program for the preservation and 

12 revitalization of multi-family rental housing properties de13 scribed in this paragraph, $31,756,000, to remain avail14 able until expended: Provided, That of the funds made 

15 available under this heading, $4,965,000 shall be available 

16 for rural housing vouchers to any low-income household 

17 (including those not receiving rental assistance) residing 

18 in a property financed with a section 515 loan which has 

19 been prepaid after September 30, 2005: Provided further, 

20 That the amount of such voucher shall be the difference 

21 between comparable market rent for the section 515 unit 

22 and the tenant paid rent for such unit: Provided further, 

23 That funds made available for such vouchers shall be sub24 ject to the availability of annual appropriations: Provided 

25 further, That the Secretary shall, to the maximum extent 


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HR 2997 PP 

1 practicable, administer such vouchers with current regula2 tions and administrative guidance applicable to section 8 

3 housing vouchers administered by the Secretary of the De4 partment of Housing and Urban Development: Provided 

5 further, That if the Secretary determines that the amount 

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

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

8 for the demonstration programs for the preservation and 

9 revitalization of multi-family rental housing properties de10 scribed in this paragraph: Provided further, That of the 

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

12 be available for the cost of loans to private nonprofit orga13 nizations, or such nonprofit organizations’ affiliate loan 

14 funds and State and local housing finance agencies, to 

15 carry out a housing demonstration program to provide re16 volving loans for the preservation of low-income multi-fam17 ily housing projects: Provided further, That loans under 

18 such demonstration program shall have an interest rate 

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

20 Provided further, That the Secretary may defer the inter21 est and principal payment to the Rural Housing Service 

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

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

24 available under this heading, $25,000,000 shall be avail25 able for a demonstration program for the preservation and 


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1 revitalization of the sections 514, 515, and 516 multi-fam2 ily rental housing properties to restructure existing USDA 

3 multi-family housing loans, as the Secretary deems appro4 priate, expressly for the purposes of ensuring the project 

5 has sufficient resources to preserve the project for the pur6 pose of providing safe and affordable housing for low-in7 come residents and farm laborers including reducing or 

8 eliminating interest; deferring loan payments, subordi9 nating, reducing or reamortizing loan debt; and other fi10 nancial assistance including advances, payments and in11 centives (including the ability of owners to obtain reason12 able returns on investment) required by the Secretary: 

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

14 preservation and revitalization agreement obtain a restric15 tive use agreement consistent with the terms of the re16 structuring: Provided further, That if the Secretary deter17 mines that additional funds for vouchers described in this 

18 paragraph are needed, funds for the preservation and revi19 talization demonstration program may be used for such 

20 vouchers: Provided further, That if Congress enacts legis21 lation to permanently authorize a section 515 multi-family 

22 rental housing loan restructuring program similar to the 

23 demonstration program described herein, the Secretary 

24 may use funds made available for the demonstration pro25 gram under this heading to carry out such legislation with 


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1 the prior approval of the Committees on Appropriations 

2 of both Houses of Congress. 

3 MUTUAL AND SELF-HELP HOUSING GRANTS

4 For grants and contracts pursuant to section 

5 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

6 1490c), $45,000,000, to remain available until expended: 

7 Provided, That of the total amount appropriated, 

8 $1,000,000 shall be available through June 30, 2010, for 

9 authorized empowerment zones and enterprise commu10 nities and communities designated by the Secretary of Ag11 riculture 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, $45,500,000, 

19 to remain available until expended, of which $4,000,000 

20 shall be for grants authorized by section 14204 of the 

21 Food, Conservation, and Energy Act of 2008: Provided, 

22 That of the total amount appropriated, $1,200,000 shall 

23 be available through June 30, 2010, for authorized em24 powerment zones and enterprise communities and commu25 nities designated by the Secretary of Agriculture as Rural 


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1 Economic Area Partnership Zones: Provided further, That 

2 any balances to carry out a housing demonstration pro3 gram to provide revolving loans for the preservation of 

4 low-income multi-family housing projects as authorized in 

5 Public Law 108–447 and Public Law 109–97 shall be 

6 transferred to and merged with the ‘‘Rural Housing Serv7 ice, Multi-family Housing Revitalization Program Ac8 count’’. 

9 FARM LABOR PROGRAM ACCOUNT

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

11 as authorized by 42 U.S.C. 1484 and 1486, $22,523,000, 

12 to remain available until expended, for direct farm labor 

13 housing loans and domestic farm labor housing grants and 

14 contracts. 

15 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

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

18 grants for rural community facilities programs as author19 ized by section 306 and described in section 381E(d)(1) 

20 of the Consolidated Farm and Rural Development Act, 

21 $51,091,000, to remain available until expended: Pro22 vided, That $6,256,000 of the amount appropriated under 

23 this heading shall be available for a Rural Community De24 velopment Initiative: Provided further, That such funds 

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


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1 private, nonprofit community-based housing and commu2 nity development organizations, low-income rural commu3 nities, and Federally Recognized Native American Tribes 

4 to undertake projects to improve housing, community fa5 cilities, community and economic development projects in 

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

7 made available to qualified private, nonprofit and public 

8 intermediary organizations proposing to carry out a pro9 gram of financial and technical assistance: Provided fur10 ther, That such intermediary organizations shall provide 

11 matching funds from other sources, including Federal 

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

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

14 amount appropriated under this heading shall be to pro15 vide grants for facilities in rural communities with extreme 

16 unemployment and severe economic depression (Public 

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

18 and capacity building in the State rural development of19 fices: Provided further, That $3,972,000 of the amount ap20 propriated under this heading shall be available for com21 munity facilities grants to tribal colleges, as authorized by 

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

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

24 this heading shall be available through June 30, 2010, for 

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1 nities and communities designated by the Secretary of Ag2 riculture as Rural Economic Area Partnership Zones for 

3 the rural community programs described in section 

4 381E(d)(1) of the Consolidated Farm and Rural Develop5 ment Act: Provided further, That sections 381E–H and 

6 381N of the Consolidated Farm and Rural Development 

7 Act are not applicable to the funds made available under 

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

9 the Rural Development, Rural Community Advancement 

10 Program account for programs authorized by section 306 

11 and described in section 381E(d)(1) of such Act be trans12 ferred and merged with this account and any other prior 

13 balances from the Rural Development, Rural Community 

14 Advancement Program account that the Secretary deter15 mines is appropriate to transfer. 

16 RURAL BUSINESS—COOPERATIVE SERVICE

17 RURAL BUSINESS PROGRAM ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

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

20 rural business development programs authorized by sec21 tions 306 and 310B and described in sections 310B(f) and 

22 381E(d)(3) of the Consolidated Farm and Rural Develop23 ment Act, $97,116,000, to remain available until ex24 pended: Provided, That of the amount appropriated under 

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1 able for a grant to a qualified national organization to pro2 vide technical assistance for rural transportation in order 

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

4 for grants to the Delta Regional Authority (7 U.S.C. 1921 

5 et seq.) for any Rural Community Advancement Program 

6 purpose as described in section 381E(d) of the Consoli7 dated Farm and Rural Development Act, of which not 

8 more than 5 percent may be used for administrative ex9 penses: Provided further, That $4,000,000 of the amount 

10 appropriated under this heading shall be for business 

11 grants to benefit Federally Recognized Native American 

12 Tribes, including $250,000 for a grant to a qualified na13 tional organization to provide technical assistance for 

14 rural transportation in order to promote economic develop15 ment: Provided further, That not to exceed $8,300,000 of 

16 the amount appropriated under this heading shall be avail17 able through June 30, 2010, for authorized empowerment 

18 zones and enterprise communities and communities des19 ignated by the Secretary of Agriculture as Rural Economic 

20 Area Partnership Zones for the rural business and cooper21 ative development programs described in section 

22 381E(d)(3) of the Consolidated Farm and Rural Develop23 ment Act: Provided further, That sections 381E–H and 

24 381N of the Consolidated Farm and Rural Development 

25 Act are not applicable to funds made available under this 


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1 heading: Provided further, That any prior balances in the 

2 Rural Development, Rural Community Advancement Pro3 gram account for programs authorized by sections 306 

4 and 310B and described in sections 310B(f) and 

5 381E(d)(3) of such Act be transferred and merged with 

6 this account and any other prior balances from the Rural 

7 Development, Rural Community Advancement Program 

8 account that the Secretary determines is appropriate to 

9 transfer. 

10 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the principal amount of direct loans, as author13 ized by the Rural Development Loan Fund (42 U.S.C. 

14 9812(a)), $33,536,000. For the cost of direct loans, 

15 $8,464,000, as authorized by the Rural Development 

16 Loan Fund (42 U.S.C. 9812(a)), of which $1,035,000 

17 shall be available through June 30, 2010, for Federally 

18 Recognized Native American Tribes and of which 

19 $2,070,000 shall be available through June 30, 2010, for 

20 Mississippi Delta Region counties (as determined in ac21 cordance with Public Law 100–460): Provided, That such 

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

23 as defined in section 502 of the Congressional Budget Act 

24 of 1974: Provided further, That of the total amount appro25 priated, $880,000 shall be available through June 30, 


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1 2010, for the cost of direct loans for authorized empower2 ment zones and enterprise communities and communities 

3 designated by the Secretary of Agriculture as Rural Eco4 nomic Area Partnership Zones. In addition, for adminis5 trative expenses to carry out the direct loan programs, 

6 $4,941,000 shall be transferred to and merged with the 

7 appropriation for ‘‘Rural Development, Salaries and Ex8 penses’’. 

9 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

10 ACCOUNT

11 (INCLUDING RESCISSION OF FUNDS)

12 For the principal amount of direct loans, as author13 ized under section 313 of the Rural Electrification Act, 

14 for the purpose of promoting rural economic development 

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

16 Of the funds derived from interest on the cushion of 

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

18 Electrification Act of 1936, $43,000,000 shall not be obli19 gated and $43,000,000 are rescinded. 

20 RURAL COOPERATIVE DEVELOPMENT GRANTS

21 For rural cooperative development grants authorized 

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

23 Rural Development Act (7 U.S.C. 1932), $30,636,000, of 

24 which $300,000 shall be for a cooperative research agree25 ment with a qualified academic institution to conduct reVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\H2997.PP H2997

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1 search on the national economic impact of all types of co2 operatives; and of which $2,582,000 shall be for coopera3 tive agreements for the appropriate technology transfer 

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

5 $3,463,000 shall be for cooperatives or associations of co6 operatives whose primary focus is to provide assistance to 

7 small, socially disadvantaged producers and whose gov8 erning board and/or membership is comprised of at least 

9 75 percent socially disadvantaged members; and of which 

10 $18,867,000, to remain available until expended, shall be 

11 for value-added agricultural product market development 

12 grants, as authorized by section 231 of the Agricultural 

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

14 RURAL ENERGY FOR AMERICA PROGRAM

15 For the cost of a program of loan guarantees and 

16 grants, under the same terms and conditions as authorized 

17 by section 9007 of the Farm Security and Rural Invest18 ment Act of 2002 (7 U.S.C. 8107), $20,000,000 (in19 creased by $2,000,000): Provided, That the cost of loan 

20 guarantees, including the cost of modifying such loans, 

21 shall be as defined in section 502 of the Congressional 

22 Budget Act of 1974. 


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1 RURAL UTILITIES SERVICE

2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

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

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

6 and solid waste management programs authorized by sec7 tions 306, 306A, 306C, 306D, and 310B and described 

8 in sections 306C(a)(2), 306D, and 381E(d)(2) of the Con9 solidated Farm and Rural Development Act, 

10 $546,230,000 (increased by $10,038,000), to remain 

11 available until expended, of which not to exceed $497,000 

12 shall be available for the rural utilities program described 

13 in section 306(a)(2)(B) of such Act, and of which not to 

14 exceed $993,000 shall be available for the rural utilities 

15 program described in section 306E of such Act: Provided, 

16 That $41,085,000 of the amount appropriated under this 

17 heading shall be for loans and grants including water and 

18 waste disposal systems grants authorized by 

19 306C(a)(2)(B) of the Consolidated Farm and Rural De20 velopment Act and for Federally recognized Native Amer21 ican Tribes authorized by 306C(a)(1): Provided further, 

22 That not to exceed $19,500,000 of the amount appro23 priated under this heading shall be for technical assistance 

24 grants for rural water and waste systems pursuant to sec25 tion 306(a)(14) of such Act, unless the Secretary makes 


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1 a determination of extreme need, of which $6,000,000 

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

3 multi-state regional technical assistance organization, with 

4 experience in working with small communities on water 

5 and waste water problems, the principal purpose of such 

6 grant shall be to assist rural communities with populations 

7 of 3,300 or less, in improving the planning, financing, de8 velopment, operation, and management of water and waste 

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

10 be for a qualified national Native American organization 

11 to provide technical assistance for rural water systems for 

12 tribal communities: Provided further, That not to exceed 

13 $15,000,000 of the amount appropriated under this head14 ing shall be for contracting with qualified national organi15 zations for a circuit rider program to provide technical as16 sistance for rural water systems: Provided further, That 

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

18 under this heading shall be available through June 30, 

19 2010, for authorized empowerment zones and enterprise 

20 communities and communities designated by the Secretary 

21 of Agriculture as Rural Economic Area Partnership Zones 

22 for the rural utilities programs described in section 

23 381E(d)(2) of such Act: Provided further, That sections 

24 381E–H and 381N of the Consolidated Farm and Rural 

25 Development Act are not applicable to the funds made 


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1 available under this heading: Provided further, That any 

2 prior balances in the Rural Development, Rural Commu3 nity Advancement Program account programs authorized 

4 by sections 306, 306A, 306C, 306D, and 310B and de5 scribed in sections 306C(a)(2), 306D, and 381E(d)(2) of 

6 such Act be transferred to and merged with this account 

7 and any other prior balances from the Rural Development, 

8 Rural Community Advancement Program account that the 

9 Secretary determines is appropriate to transfer. 

10 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

11 LOANS PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 The principal amount of direct and guaranteed loans 

14 as authorized by section 305 of the Rural Electrification 

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

16 percent rural electrification loans, $100,000,000; loans 

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

18 $6,500,000,000; 5 percent rural telecommunications 

19 loans, $145,000,000; cost of money rural telecommuni20 cations loans, $250,000,000; and for loans made pursuant 

21 to section 306 of that Act, rural telecommunications loans, 

22 $295,000,000. 

23 In addition, for administrative expenses necessary to 

24 carry out the direct and guaranteed loan programs, 

25 $39,959,000, which shall be transferred to and merged 


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1 with the appropriation for ‘‘Rural Development, Salaries 

2 and Expenses’’. 

3 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

4 PROGRAM

5 For the principal amount of broadband telecommuni6 cation loans, $400,000,000. 

7 For grants for telemedicine and distance learning 

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

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

10 Provided, That the Secretary may use funds under this 

11 heading for grants authorized by 379(g) of the Consoli12 dated Farm and Rural Development Act. 

13 For the cost of broadband loans, as authorized by 

14 section 601 of the Rural Electrification Act, $28,960,000, 

15 to remain available until expended: Provided, That the 

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

17 the Congressional Budget Act of 1974. 

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

19 expended, for a grant program to finance broadband 

20 transmission in rural areas eligible for Distance Learning 

21 and Telemedicine Program benefits authorized by 7 

22 U.S.C. 950aaa. 


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1 TITLE IV 

2 DOMESTIC FOOD PROGRAMS 

3 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

4 NUTRITION AND CONSUMER SERVICES

5 For necessary expenses of the Office of the Under 

6 Secretary for Food, Nutrition and Consumer Services, 

7 $623,000. 

8 FOOD AND NUTRITION SERVICE

9 CHILD NUTRITION PROGRAMS

10 (INCLUDING TRANSFERS OF FUNDS)

11 In lieu of the amounts made available in section 

12 14222(b) of the Food, Conservation, and Energy Act of 

13 2008, for necessary expenses to carry out the Richard B. 

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

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

16 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

17 21; $16,799,584,000, to remain available through Sep18 tember 30, 2011, of which $10,051,707,000 is hereby ap19 propriated and $6,747,877,000 shall be derived by trans20 fer from funds available under section 32 of the Act of 

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

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

23 be awarded as competitive grants to implement section 

24 4405 of the Food, Conservation, and Energy Act of 2008 

25 (Public Law 110–246). 


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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

2 WOMEN, INFANTS, AND CHILDREN (WIC)

3 For necessary expenses to carry out the special sup4 plemental nutrition program as authorized by section 17 

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

6 $7,541,000,000, to remain available through September 

7 30, 2011: Provided, That, notwithstanding section 

8 17(h)(10)(A) of such Act, only the provisions of section 

9 17(h)(10)(B)(i), section 17(h)(10)(B)(ii), and section 

10 17(h)(10)(B)(iii) shall be effective in 2010: Provided fur11 ther, That none of the funds provided in this account shall 

12 be available for the purchase of infant formula except in 

13 accordance with the cost containment and competitive bid14 ding requirements specified in section 17 of such Act: Pro15 vided further, That none of the funds provided shall be 

16 available for activities that are not fully reimbursed by 

17 other Federal Government departments or agencies unless 

18 authorized by section 17 of such Act. 

19 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

20 For necessary expenses to carry out the Food and 

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

22 $61,351,846,000, of which $3,000,000,000, to remain 

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

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

25 as may become necessary to carry out program operations: 


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1 Provided, That funds provided herein shall be expended 

2 in accordance with section 16 of the Food and Nutrition 

3 Act of 2008: Provided further, That this appropriation 

4 shall be subject to any work registration or workfare re5 quirements as may be required by law: Provided further, 

6 That funds made available for Employment and Training 

7 under this heading shall remain available until expended, 

8 as authorized by section 16(h)(1) of the Food and Nutri9 tion Act of 2008: Provided further, That funds made avail10 able under this heading may be used to enter into con11 tracts and employ staff to conduct studies, evaluations, or 

12 to conduct activities related to program integrity provided 

13 that such activities are authorized by the Food and Nutri14 tion Act of 2008. 

15 COMMODITY ASSISTANCE PROGRAM

16 For necessary expenses to carry out disaster assist17 ance and the Commodity Supplemental Food Program as 

18 authorized by section 4(a) of the Agriculture and Con19 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

20 Emergency Food Assistance Act of 1983; special assist21 ance for the nuclear affected islands, as authorized by sec22 tion 103(f)(2) of the Compact of Free Association Amend23 ments Act of 2003 (Public Law 108–188); and the Farm24 ers’ Market Nutrition Program, as authorized by section 

25 17(m) of the Child Nutrition Act of 1966, $255,570,000, 


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1 to remain available through September 30, 2011, of which 

2 $5,000,000 shall be for emergency food program infra3 structure grants authorized by section 209 of the Emer4 gency Food Assistance Act of 1983: Provided, That of the 

5 amount provided, $5,000,000 is to begin service in 6 addi6 tional States that have plans approved by the Department 

7 for the commodity supplemental food program: Provided 

8 further, That none of these funds shall be available to re9 imburse the Commodity Credit Corporation for commod10 ities donated to the program: Provided further, That not11 withstanding any other provision of law, effective with 

12 funds made available in fiscal year 2010 to support the 

13 Seniors Farmers’ Market Nutrition Program, as author14 ized by section 4402 of the Farm Security and Rural In15 vestment Act of 2002, such funds shall remain available 

16 through September 30, 2011: Provided further, That of 

17 the funds made available under section 27(a) of the Food 

18 and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Sec19 retary may use up to 10 percent for costs associated with 

20 the distribution of commodities. 

21 NUTRITION PROGRAMS ADMINISTRATION

22 For necessary administrative expenses of the Food 

23 and Nutrition Service for carrying out any domestic nutri24 tion assistance program, $147,801,000. 


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HR 2997 PP 

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 $177,136,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and 

14 private organizations and institutions under agreements 

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

19 available for the cost of agreements under title I of the 

20 Agricultural Trade Development and Assistance Act of 

21 1954 and for title I ocean freight differential may be used 

22 interchangeably between the 2 accounts with prior notice 

23 to the Committees on Appropriations of both Houses of 

24 Congress. 


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1 PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR

2 PROGRESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the credit 

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

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

7 and merged with the appropriation for ‘‘Farm Service 

8 Agency, Salaries and Expenses’’. 

9 PUBLIC LAW 480 TITLE II GRANTS

10 For expenses during the current fiscal year, not oth11 erwise recoverable, and unrecovered prior years’ costs, in12 cluding interest thereon, under the Food for Peace Act 

13 (Public Law 83–480, as amended), for commodities sup14 plied in connection with dispositions abroad under title II 

15 of said Act, $1,690,000,000, to remain available until ex16 pended. 

17 COMMODITY CREDIT CORPORATION EXPORT LOANS

18 PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For administrative expenses to carry out the Com21 modity Credit Corporation’s export guarantee program, 

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

23 overhead expenses as permitted by section 11 of the Com24 modity Credit Corporation Charter Act and in conformity 

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


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1 $6,465,000 shall be transferred to and merged with the 

2 appropriation for ‘‘Foreign Agricultural Service, Salaries 

3 and Expenses’’, and of which $355,000 shall be trans4 ferred to and merged with the appropriation for ‘‘Farm 

5 Service Agency, Salaries and Expenses’’. 

6 MC GOVERN-DOLE INTERNATIONAL FOOD FOR

7 EDUCATION AND CHILD NUTRITION PROGRAM GRANTS

8 For necessary expenses to carry out the provisions 

9 of section 3107 of the Farm Security and Rural Invest10 ment Act of 2002 (7 U.S.C. 1736o–1), $199,500,000, to 

11 remain available until expended: Provided, That the Com12 modity Credit Corporation is authorized to provide the 

13 services, facilities, and authorities for the purpose of im14 plementing such section, subject to reimbursement from 

15 amounts provided herein. 

16 TITLE VI 

17 RELATED AGENCY AND FOOD AND DRUG 

18 ADMINISTRATION 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 FOOD AND DRUG ADMINISTRATION

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses of the Food and Drug Ad25 ministration, including hire and purchase of passenger 


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1 motor vehicles; for payment of space rental and related 

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

3 activities of the Food and Drug Administration which are 

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

5 in the District of Columbia or elsewhere; for miscellaneous 

6 and emergency expenses of enforcement activities, author7 ized and approved by the Secretary and to be accounted 

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

9 $25,000; and notwithstanding section 521 of Public Law 

10 107–188; $2,995,218,000 (increased by $235,000,000): 

11 Provided, That of the amount provided under this heading, 

12 $578,162,000 shall be derived from prescription drug user 

13 fees authorized by 21 U.S.C. 379h shall be credited to this 

14 account and remain available until expended, and shall not 

15 include any fees pursuant to 21 U.S.C. 379h(a)(2) and 

16 (a)(3) assessed for fiscal year 2011 but collected in fiscal 

17 year 2010; $57,014,000 shall be derived from medical de18 vice user fees authorized by 21 U.S.C. 379j, and shall be 

19 credited to this account and remain available until ex20 pended; $17,280,000 shall be derived from animal drug 

21 user fees authorized by 21 U.S.C. 379j, and shall be cred22 ited to this account and remain available until expended; 

23 $5,106,000 shall be derived from animal generic drug user 

24 fees authorized by 21 U.S.C. 379f, and shall be credited 

25 to this account and shall remain available until expended; 


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1 and $235,000,000 shall be derived from tobacco product 

2 user fees authorized by section 919 of the Federal Food, 

3 Drug, and Cosmetic Act, as added by section 101 of the 

4 Family Smoking Prevention and Tobacco Control Act 

5 (Public Law 111–31), and shall be credited to this account 

6 and remain available until expended: Provided further, 

7 That fees derived from prescription drug, medical device, 

8 animal drug, animal generic drug, and tobacco product as9 sessments for fiscal year 2010 received during fiscal year 

10 2010, including any such fees assessed prior to fiscal year 

11 2010 but credited for fiscal year 2010, shall be subject 

12 to the fiscal year 2010 limitations: Provided further, That 

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

14 or operate any program of user fees authorized by 31 

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

16 appropriated: (1) $782,915,000 shall be for the Center for 

17 Food Safety and Applied Nutrition and related field activi18 ties in the Office of Regulatory Affairs; (2) $873,104,000 

19 shall be for the Center for Drug Evaluation and Research 

20 and related field activities in the Office of Regulatory Af21 fairs; (3) $305,249,000 shall be for the Center for Bio22 logics Evaluation and Research and for related field activi23 ties in the Office of Regulatory Affairs; (4) $155,540,000 

24 shall be for the Center for Veterinary Medicine and for 

25 related field activities in the Office of Regulatory Affairs; 


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1 (5) $349,262,000 shall be for the Center for Devices and 

2 Radiological Health and for related field activities in the 

3 Office of Regulatory Affairs; (6) $58,745,000 shall be for 

4 the National Center for Toxicological Research; (7) 

5 $216,523,000 shall be for the Center for Tobacco Prod6 ucts and for related field activities in the Office of Regu7 latory Affairs; (8) not to exceed $117,225,000 shall be for 

8 Rent and Related activities, of which $41,496,000 is for 

9 White Oak Consolidation, other than the amounts paid to 

10 the General Services Administration for rent; (9) not to 

11 exceed $171,526,000 shall be for payments to the General 

12 Services Administration for rent; and (10) not to exceed 

13 $200,129,000 shall be for other activities, including the 

14 Office of the Commissioner; the Office of Scientific and 

15 Medical Programs; the Office of Policy, Planning and Pre16 paredness; the Office of International and Special Pro17 grams; the Office of Operations; and central services for 

18 these offices: Provided further, That none of the funds 

19 made available under this heading shall be used to trans20 fer funds under section 770(n) of the Federal Food, Drug, 

21 and Cosmetic Act (21 U.S.C. 379dd): Provided further, 

22 That funds may be transferred from one specified activity 

23 to another with the prior approval of the Committees on 

24 Appropriations of both Houses of Congress. 


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1 In addition, mammography user fees authorized by 

2 42 U.S.C. 263b, export certification user fees authorized 

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

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

5 remain available until expended. 

6 BUILDINGS AND FACILITIES

7 For plans, construction, repair, improvement, exten8 sion, alteration, and purchase of fixed equipment or facili9 ties of or used by the Food and Drug Administration, 

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

11 available until expended. 

12 INDEPENDENT AGENCIES 

13 COMMODITY FUTURES TRADING COMMISSION

14 For necessary expenses to carry out the provisions 

15 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in16 cluding the purchase and hire of passenger motor vehicles, 

17 and the rental of space (to include multiple year leases) 

18 in the District of Columbia and elsewhere, $160,600,000, 

19 including not to exceed $3,000 for official reception and 

20 representation expenses: Provided, That $14,600,000 of 

21 the total amount appropriated under this heading shall 

22 not be available for obligation until the Commodity Fu23 tures Trading Commission submits an expenditure plan 

24 for fiscal year 2010 to the Committees on Appropriations 


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1 of the House of Representatives and the Senate and the 

2 Committees approve the whole of the plan. 

3 FARM CREDIT ADMINISTRATION

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 Not to exceed $54,500,000 (from assessments col6 lected from farm credit institutions, including the Federal 

7 Agricultural Mortgage Corporation) shall be obligated 

8 during the current fiscal year for administrative expenses 

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

10 limitation shall not apply to expenses associated with re11 ceiverships. 

12 TITLE VII 

13 GENERAL PROVISIONS 

14 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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

16 appropriations and authorizations made for the Depart17 ment of Agriculture for the current fiscal year under this 

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

19 specifically provided for, of not to exceed 204 passenger 

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

21 and for the hire of such vehicles. 

22 SEC. 702. New obligational authority provided for the 

23 following appropriation items in this Act shall remain 

24 available until expended: Food Safety and Inspection Serv25 ice, Public Health Data Communication Infrastructure 


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1 System; Farm Service Agency, salaries and expenses 

2 funds made available to county committees; Foreign Agri3 cultural Service, middle-income country training program, 

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

5 appropriation solely for the purpose of offsetting fluctua6 tions in international currency exchange rates, subject to 

7 documentation by the Foreign Agricultural Service. 

8 SEC. 703. The Secretary of Agriculture may transfer 

9 unobligated balances of discretionary funds appropriated 

10 by this Act or other available unobligated discretionary 

11 balances of the Department of Agriculture to the Working 

12 Capital Fund for the acquisition of plant and capital 

13 equipment necessary for the delivery of financial, adminis14 trative, and information technology services of primary 

15 benefit to the agencies of the Department of Agriculture: 

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

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

18 Capital Fund without the prior approval of the agency ad19 ministrator: Provided further, That none of the funds 

20 transferred to the Working Capital Fund pursuant to this 

21 section shall be available for obligation without the prior 

22 approval of the Committees on Appropriations of both 

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

24 funds appropriated by this Act or made available to the 

25 Department’s Working Capital Fund shall be available for 


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1 obligation or expenditure to make any changes to the De2 partment’s National Finance Center without prior ap3 proval of the Committees on Appropriations of both 

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

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

6 this Act shall remain available for obligation beyond the 

7 current fiscal year unless expressly so provided herein. 

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

9 used to pay negotiated indirect cost rates on cooperative 

10 agreements or similar arrangements between the United 

11 States Department of Agriculture and nonprofit institu12 tions in excess of 10 percent of the total direct cost of 

13 the agreement when the purpose of such cooperative ar14 rangements is to carry out programs of mutual interest 

15 between the two parties. This does not preclude appro16 priate payment of indirect costs on grants and contracts 

17 with such institutions when such indirect costs are com18 puted on a similar basis for all agencies for which appro19 priations are provided in this Act. 

20 SEC. 706. Appropriations to the Department of Agri21 culture for the cost of direct and guaranteed loans made 

22 available in the current fiscal year shall remain available 

23 until expended to disburse obligations made in the current 

24 fiscal year for the following accounts: the Rural Develop25 ment Loan Fund program account, the Rural ElectrificaVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6401 E:\BILLS\H2997.PP H2997

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1 tion and Telecommunication Loans program account, and 

2 the Rural Housing Insurance Fund program account. 

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

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

5 expenses of activities related to all advisory committees, 

6 panels, commissions, and task forces of the Department 

7 of Agriculture, except for panels used to comply with nego8 tiated rule makings and panels used to evaluate competi9 tively awarded grants. 

10 SEC. 708. None of the funds appropriated by this Act 

11 may be used to carry out section 410 of the Federal Meat 

12 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul13 try Products Inspection Act (21 U.S.C. 471). 

14 SEC. 709. No employee of the Department of Agri15 culture may be detailed or assigned from an agency or 

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

17 of the Department for more than 30 days unless the indi18 vidual’s employing agency or office is fully reimbursed by 

19 the receiving agency or office for the salary and expenses 

20 of the employee for the period of assignment. 

21 SEC. 710. None of the funds appropriated or other22 wise made available to the Department of Agriculture or 

23 the Food and Drug Administration shall be used to trans24 mit or otherwise make available to any non-Department 

25 of Agriculture or non-Department of Health and Human 


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1 Services employee questions or responses to questions that 

2 are a result of information requested for the appropria3 tions hearing process. 

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

5 Department of Agriculture by this Act may be used to ac6 quire new information technology systems or significant 

7 upgrades, as determined by the Office of the Chief Infor8 mation Officer, without the approval of the Chief Informa9 tion Officer and the concurrence of the Executive Informa10 tion Technology Investment Review Board: Provided, That 

11 notwithstanding any other provision of law, none of the 

12 funds appropriated or otherwise made available by this 

13 Act may be transferred to the Office of the Chief Informa14 tion Officer without the prior approval of the Committees 

15 on Appropriations of both Houses of Congress: Provided 

16 further, That none of the funds available to the Depart17 ment of Agriculture for information technology shall be 

18 obligated for projects over $25,000 prior to receipt of writ19 ten approval by the Chief Information Officer. 

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

21 or provided by previous Appropriations Acts to the agen22 cies funded by this Act that remain available for obligation 

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

24 any accounts in the Treasury of the United States derived 

25 by the collection of fees available to the agencies funded 


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

2 through a reprogramming of funds which— 

3 (1) creates new programs; 

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

5 (3) increases funds or personnel by any means 

6 for any project or activity for which funds have been 

7 denied or restricted; 

8 (4) relocates an office or employees; 

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

10 or 

11 (6) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees; 

13 unless the Committees on Appropriations of both 

14 Houses of Congress are notified 15 days in advance 

15 of such reprogramming of funds. 

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

18 funded by this Act that remain available for obligation or 

19 expenditure in the current fiscal year, or provided from 

20 any accounts in the Treasury of the United States derived 

21 by the collection of fees available to the agencies funded 

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

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


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

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

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

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

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

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

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

11 Health and Human Services shall notify the Committees 

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

14 the previous fiscal year unless the program or activity is 

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

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

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

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

20 the Congress of the United States for programs under the 

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

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


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1 submission of the Budget unless such Budget submission 

2 identifies which additional spending reductions should 

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

4 prior to the date of the convening of a committee of con5 ference for the fiscal year 2011 appropriations Act. 

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

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

8 Development office unless or until the Secretary of Agri9 culture determines the cost effectiveness and/or enhance10 ment of program delivery: Provided, That not later than 

11 120 days before the date of the proposed closure or reloca12 tion, the Secretary notifies the Committees on Appropria13 tion of the House and Senate, and the members of Con14 gress from the State in which the office is located of the 

15 proposed closure or relocation and provides a report that 

16 describes the justifications for such closures and reloca17 tions. 

18 SEC. 715. None of the funds made available to the 

19 Food and Drug Administration by this Act shall be used 

20 to close or relocate, or to plan to close or relocate, the 

21 Food and Drug Administration Division of Pharma22 ceutical Analysis in St. Louis, Missouri, outside the city 

23 or county limits of St. Louis, Missouri. 

24 SEC. 716. None of the funds appropriated or other25 wise made available by this or any other Act shall be used 


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

2 an environmental quality incentives program authorized 

3 by chapter 4 of subtitle D of title XII of the Food Security 

4 Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of 

5 $1,180,000,000. 

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

7 year 2009 or preceding fiscal years for programs author8 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.) 

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

10 Commodity Credit Corporation for the release of eligible 

11 commodities under section 302(f)(2)(A) of the Bill Emer12 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro13 vided, That any such funds made available to reimburse 

14 the Commodity Credit Corporation shall only be used pur15 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu16 manitarian Trust Act. 

17 SEC. 718. No funds shall be used to pay salaries and 

18 expenses of the Department of Agriculture to carry out 

19 or administer the program authorized by section 14(h)(1) 

20 of the Watershed Protection and Flood Prevention Act (16 

21 U.S.C. 1012(h)(1)). 

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

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

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

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


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1 available until expended to disburse obligations made in 

2 the current fiscal year. 

3 SEC. 720. Unless otherwise authorized by existing 

4 law, none of the funds provided in this Act, may be used 

5 by an executive branch agency to produce any pre6 packaged news story intended for broadcast or distribution 

7 in the United States unless the story includes a clear noti8 fication within the text or audio of the prepackaged news 

9 story that the prepackaged news story was prepared or 

10 funded by that executive branch agency. 

11 SEC. 721. Notwithstanding any other provision of 

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

13 an insured, direct or guaranteed loan under the Rural 

14 Electrification Act, or any not-for-profit utility that is eli15 gible to receive an insured or direct loan under such Act, 

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

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

18 Act. 

19 SEC. 722. Of the unobligated balances under section 

20 32 of the Act of August 24, 1935, $52,000,000 are hereby 

21 rescinded. 

22 SEC. 723. None of the funds made available in this 

23 Act may be used to establish or implement a rule allowing 

24 poultry products to be imported into the United States 

25 from the People’s Republic of China. 


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1 SEC. 724. None of the funds made available to the 

2 Department of Agriculture in this Act may be used to im3 plement the risk-based inspection program in the 30 pro4 totype locations announced on February 22, 2007, by the 

5 Under Secretary for Food Safety, or at any other loca6 tions, until the USDA Office of Inspector General has pro7 vided its findings to the Food Safety and Inspection Serv8 ice and the Committees on Appropriations of the House 

9 of Representatives and the Senate on the data used in sup10 port of the development and design of the risk-based in11 spection program and FSIS has addressed and resolved 

12 issues identified by OIG. 

13 SEC. 725. Notwithstanding any other provision of 

14 law, and until receipt of the decennial Census in the year 

15 2010, the Secretary of Agriculture shall consider— 

16 (1) the city of Lumberton, North Carolina, and 

17 the city of Sanford, North Carolina (including indi18 viduals and entities with projects within the city), el19 igible for loans and grants funded through the Rural 

20 Community Facilities Program account; 

21 (2) the unincorporated area of Los Osos, Cali22 fornia (including individuals and entities with 

23 projects within the cities), eligible for loans and 

24 grants funded through the Rural Water and Waste 

25 Disposal Program account; and 


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1 (3) the city of Nogales, Arizona (including indi2 viduals and entities with projects within the city), el3 igible for loans and grants funded under the housing 

4 programs of the Rural Housing Service. 

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

6 for section 4404 of Public Law 107–171. 

7 SEC. 727. There is hereby appropriated: 

8 (1) $1,408,000 shall be for a grant to the Wis9 consin Department of Agriculture, Trade, and Con10 sumer Protection, as authorized by section 6402 of 

11 the Farm Security and Rural Investment Act of 

12 2002 (7 U.S.C. 1621 note); 

13 (2) $1,000,000 shall be for development of a 

14 prototype for a national carbon inventory and ac15 counting system for forestry and agriculture, to be 

16 awarded under full and open competition; 

17 (3) $1,000,000 for the International Food Pro18 tection Training Institute; and 

19 (4) $200,000 for the Center for Foodborne Ill20 ness Research and Prevention. 

21 SEC. 728. Notwithstanding any other provision of 

22 law, the Natural Resources Conservation Service shall pro23 vide financial and technical assistance through the Water24 shed and Flood Prevention Operations program to carry 

25 out— 


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1 (1) the Alameda Creek Watershed Project in 

2 Alameda County, California; 

3 (2) the Hurricane Katrina-Related Watershed 

4 Restoration project in Jackson County, Mississippi; 

5 (3) the Pidcock-Mill Creeks Watershed project 

6 in Bucks County, Pennsylvania; 

7 (4) the Farmington River Restoration project in 

8 Litchfield County, Connecticut; 

9 (5) the Lake Oscawana Management and Res10 toration project in Putnam County, New York; and 

11 (6) the Richland Creek Reservoir in Paulding 

12 County, Georgia. 

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

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

15 amended— 

16 (1) by inserting ‘‘the District of Columbia and’’ 

17 after the first instance of ‘‘institutions located in’’; 

18 (2) by striking ‘‘ten’’ and inserting ‘‘eleven’’; 

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

20 and 

21 (4) by inserting ‘‘Connecticut,’’ after the first 

22 instance of ‘‘States shall be’’. 

23 SEC. 730. Notwithstanding any other provision of 

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

25 Agricultural Research, Extension, and Education Reform 


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

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

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

4 form of unrecovered indirect costs not otherwise charged 

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

6 approved for a recipient. 

7 SEC. 731. None of the funds made available in this 

8 Act may be used to pay the salaries or expenses of per9 sonnel to— 

10 (1) inspect horses under section 3 of the Fed11 eral Meat Inspection Act (21 U.S.C. 603); 

12 (2) inspect horses under section 903 of the 

13 Federal Agriculture Improvement and Reform Act of 

14 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

15 (3) implement or enforce section 352.19 of title 

16 9, Code of Federal Regulations. 

17 SEC. 732. The Secretary of Agriculture may author18 ize a State agency to use funds provided in this Act to 

19 exceed the maximum amount of reconstituted liquid con20 centrate infant formula specified in 7 CFR 246.10 when 

21 issuing liquid concentrate infant formula to participants. 

22 SEC. 733. Of the unobligated balances provided pur23 suant to section 16(h)(1)(A) of the Food and Nutrition 

24 Act of 2008, $11,000,000 is hereby rescinded. 


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1 SEC. 734. Of the prior year unobligated balances pro2 vided for the purpose of section 306D of the Consolidated 

3 Farm and Rural Development Act, $25,008,000 is hereby 

4 rescinded. 

5 SEC. 735. There is appropriated, for the grant pro6 gram for the purpose of obtaining and adding to an anhy7 drous ammonia fertilizer nurse tank a substance to reduce 

8 the amount of methamphetamine that can be produced 

9 from any anhydrous ammonia removed from the nurse 

10 tank as authorized by section 14203 of the Food, Con11 servation, and Energy Act of 2008 (21 U.S.C. 864a), 

12 hereby derived from the amount provided in this Act for 

13 ‘‘Rural Development Salaries and Expenses’’, $2,000,000. 

14 SEC. 736. None of the funds appropriated or other15 wise made available by this Act may be used for first-class 

16 travel by the employees of agencies funded by this Act in 

17 contravention of sections 301–10.122 through 301–10.124 

18 of title 41, Code of Federal Regulations. 

19 This Act may be cited as the ‘‘Agriculture, Rural De20 velopment, Food and Drug Administration, and Related 

21 Agencies Appropriations Act, 2010’’. 

22 That the following sums are appropriated, out of any 

23 money in the Treasury not otherwise appropriated, for Ag24 riculture, Rural Development, Food and Drug AdministraVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 tion, and Related Agencies programs for the fiscal year end2 ing September 30, 2010, and for other purposes, namely: 

3 TITLE I 

4 AGRICULTURAL PROGRAMS 

5 PRODUCTION, PROCESSING AND MARKETING

6 OFFICE OF THE SECRETARY

7 For necessary expenses of the Office of the Secretary 

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

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

11 for, as determined by the Secretary. 

12 OFFICE OF TRIBAL RELATIONS

13 For necessary expenses of the Office of Tribal Rela14 tions, $1,000,000, to support communication and consulta15 tion activities with Federally Recognized Tribes, as well as 

16 other requirements established by law. 

17 EXECUTIVE OPERATIONS

18 OFFICE OF THE CHIEF ECONOMIST

19 For necessary expenses of the Office of the Chief Econo20 mist, $13,032,000. 

21 NATIONAL APPEALS DIVISION

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


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1 OFFICE OF BUDGET AND PROGRAM ANALYSIS

2 For necessary expenses of the Office of Budget and Pro3 gram Analysis, $9,436,0000. 

4 OFFICE OF HOMELAND SECURITY

5 For necessary expenses of the Office of Homeland Secu6 rity, $1,859,000. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief Infor9 mation Officer, $63,579,000. 

10 OFFICE OF THE CHIEF FINANCIAL OFFICER

11 For necessary expenses of the Office of the Chief Finan12 cial Officer, $6,566,000: Provided, That no funds made 

13 available by this appropriation may be obligated for FAIR 

14 Act or Circular A–76 activities until the Secretary has sub15 mitted to the Committees on Appropriations of both Houses 

16 of Congress and the Committee on Oversight and Govern17 ment Reform of the House of Representatives a report on 

18 the Department’s contracting out policies, including agency 

19 budgets for contracting out. 

20 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

21 RIGHTS

22 For necessary expenses of the Office of the Assistant 

23 Secretary for Civil Rights, $895,000. 


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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $23,422,000. 

4 OFFICE OF THE ASSISTANT SECRETARY FOR

5 ADMINISTRATION

6 For necessary expenses of the Office of the Assistant 

7 Secretary for Administration, $806,000. 

8 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

9 PAYMENTS

10 (INCLUDING TRANSFERS OF FUNDS)

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

13 to the 1984 delegation of authority from the Administrator 

14 of General Services to the Department of Agriculture under 

15 40 U.S.C. 486, for programs and activities of the Depart16 ment which are included in this Act, and for alterations 

17 and other actions needed for the Department and its agen18 cies to consolidate unneeded space into configurations suit19 able for release to the Administrator of General Services, 

20 and for the operation, maintenance, improvement, and re21 pair of Agriculture buildings and facilities, and for related 

22 costs, $274,482,000, to remain available until expended, of 

23 which $168,901,000 shall be available for payments to the 

24 General Services Administration for rent; of which 

25 $13,500,000 for payment to the Department of Homeland 


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1 Security for building security activities; and of which 

2 $92,081,000 for buildings operations and maintenance ex3 penses: Provided, That the Secretary is authorized to trans4 fer funds from a Departmental agency to this account to 

5 recover the full cost of the space and security expenses of 

6 that agency that are funded by this account when the actual 

7 costs exceed the agency estimate which will be available for 

8 the activities and payments described herein. 

9 HAZARDOUS MATERIALS MANAGEMENT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Department of Agri12 culture, to comply with the Comprehensive Environmental 

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

14 9601 et seq.) and the Resource Conservation and Recovery 

15 Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain avail16 able until expended: Provided, That appropriations and 

17 funds available herein to the Department for Hazardous 

18 Materials Management may be transferred to any agency 

19 of the Department for its use in meeting all requirements 

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

21 lands. 

22 DEPARTMENTAL ADMINISTRATION

23 (INCLUDING TRANSFERS OF FUNDS)

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

25 provide for necessary expenses for management support 


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1 services to offices of the Department and for general admin2 istration, security, repairs and alterations, and other mis3 cellaneous supplies and expenses not otherwise provided for 

4 and necessary for the practical and efficient work of the 

5 Department: Provided, That this appropriation shall be re6 imbursed from applicable appropriations in this Act for 

7 travel expenses incident to the holding of hearings as re8 quired by 5 U.S.C. 551–558: Provided further, That of the 

9 amount appropriated, $13,000,000 is for stabilization and 

10 developmental activities to be carried out under the author11 ity provided by title XIV of the Food and Agriculture Act 

12 of 1977 (7 U.S.C. 3101 et seq.) and other applicable laws. 

13 OFFICE OF THE ASSISTANT SECRETARY FOR

14 CONGRESSIONAL RELATIONS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Office of the Assistant 

17 Secretary for Congressional Relations to carry out the pro18 grams funded by this Act, including programs involving 

19 intergovernmental affairs and liaison within the executive 

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

21 transferred to agencies of the Department of Agriculture 

22 funded by this Act to maintain personnel at the agency 

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

24 this appropriation may be obligated after 30 days from the 

25 date of enactment of this Act, unless the Secretary has notiVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 fied the Committees on Appropriations of both Houses of 

2 Congress on the allocation of these funds by USDA agency: 

3 Provided further, That no other funds appropriated to the 

4 Department by this Act shall be available to the Depart5 ment for support of activities of congressional relations. 

6 OFFICE OF COMMUNICATIONS

7 For necessary expenses of the Office of Communica8 tions, $9,722,000. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector Gen11 eral, including employment pursuant to the Inspector Gen12 eral Act of 1978, $88,025,000, including such sums as may 

13 be necessary for contracting and other arrangements with 

14 public agencies and private persons pursuant to section 

15 6(a)(9) of the Inspector General Act of 1978, and including 

16 not to exceed $125,000 for certain confidential operational 

17 expenses, including the payment of informants, to be ex18 pended under the direction of the Inspector General pursu19 ant to Public Law 95–452 and section 1337 of Public Law 

20 97–98: Provided, That of the amount made available for 

21 the Office of Inspector General to conduct investigations 

22 such sums as are necessary shall be made available for the 

23 inspection of the national organic program established 

24 under the Organic Foods Production Act of 1990 (7 U.S.C. 

25 6501 et seq.). 


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1 OFFICE OF THE GENERAL COUNSEL

2 For necessary expenses of the Office of the General 

3 Counsel, $43,551,000. 

4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

5 EDUCATION AND ECONOMICS

6 For necessary expenses of the Office of the Under Sec7 retary for Research, Education and Economics, $895,000. 

8 ECONOMIC RESEARCH SERVICE

9 For necessary expenses of the Economic Research Serv10 ice, $82,078,000. 

11 NATIONAL AGRICULTURAL STATISTICS SERVICE

12 For necessary expenses of the National Agricultural 

13 Statistics Service, $161,830,000, of which up to $37,908,000 

14 shall be available until expended for the Census of Agri15 culture. 

16 AGRICULTURAL RESEARCH SERVICE

17 SALARIES AND EXPENSES

18 For necessary expenses of the Agricultural Research 

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

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

21 land exchanges where the lands exchanged shall be of equal 

22 value or shall be equalized by a payment of money to the 

23 grantor which shall not exceed 25 percent of the total value 

24 of the land or interests transferred out of Federal ownership, 

25 $1,181,632,000, of which $35,512,000 shall be for the purVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 poses, and in the amounts, specified in the table titled 

2 ‘‘Congressionally Designated Projects’’ in the report to ac3 company this Act: Provided, That appropriations here4 under shall be available for the operation and maintenance 

5 of aircraft and the purchase of not to exceed one for replace6 ment only: Provided further, That appropriations here7 under shall be available pursuant to 7 U.S.C. 2250 for the 

8 construction, alteration, and repair of buildings and im9 provements, but unless otherwise provided, the cost of con10 structing any one building shall not exceed $375,000, except 

11 for headhouses or greenhouses which shall each be limited 

12 to $1,200,000, and except for 10 buildings to be constructed 

13 or improved at a cost not to exceed $750,000 each, and the 

14 cost of altering any one building during the fiscal year shall 

15 not exceed 10 percent of the current replacement value of 

16 the building or $375,000, whichever is greater: Provided 

17 further, That the limitations on alterations contained in 

18 this Act shall not apply to modernization or replacement 

19 of existing facilities at Beltsville, Maryland: Provided fur20 ther, That appropriations hereunder shall be available for 

21 granting easements at the Beltsville Agricultural Research 

22 Center: Provided further, That the foregoing limitations 

23 shall not apply to replacement of buildings needed to carry 

24 out the Act of April 24, 1948 (21 U.S.C. 113a): Provided 

25 further, That funds may be received from any State, other 


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1 political subdivision, organization, or individual for the 

2 purpose of establishing or operating any research facility 

3 or research project of the Agricultural Research Service, as 

4 authorized by law. 

5 BUILDINGS AND FACILITIES

6 For acquisition of land, construction, repair, improve7 ment, extension, alteration, and purchase of fixed equip8 ment or facilities as necessary to carry out the agricultural 

9 research programs of the Department of Agriculture, where 

10 not otherwise provided, $47,027,000, of which $47,027,000 

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

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

13 report to accompany this Act, to remain available until ex14 pended. 

15 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

16 RESEARCH AND EDUCATION ACTIVITIES

17 For payments to agricultural experiment stations, for 

18 cooperative forestry and other research, for facilities, and 

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

20 be for the purposes, and in the amounts, specified in the 

21 table titled ‘‘Congressionally Designated Projects’’ in the re22 port to accompany this Act, as follows: to carry out the 

23 provisions of the Hatch Act of 1887 (7 U.S.C. 361a–i), 

24 $215,000,000; for grants for cooperative forestry research 

25 (16 U.S.C. 582a through a–7), $30,000,000; for payments 


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1 to eligible institutions (7 U.S.C. 3222), $49,000,000, pro2 vided that each institution receives no less than $1,000,000; 

3 for special grants (7 U.S.C. 450i(c)), $50,456,000; for com4 petitive grants on improved pest control (7 U.S.C. 450i(c)), 

5 $16,423,000; for competitive grants (7 U.S.C. 450(i)(b)), 

6 $295,181,000, to remain available until expended; for the 

7 support of animal health and disease programs (7 U.S.C. 

8 3195), $1,000,000; for supplemental and alternative crops 

9 and products (7 U.S.C. 3319d), $850,000; for grants for re10 search pursuant to the Critical Agricultural Materials Act 

11 (7 U.S.C. 178 et seq.), $1,083,000, to remain available until 

12 expended; 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), $2,000,000, 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 avail18 able until expended (7 U.S.C. 2209b); for a program pursu19 ant to section 1415A of the National Agricultural Research, 

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

21 3151a), $5,000,000, to remain available until expended; for 

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

23 $5,654,000; for a higher education multicultural scholars 

24 program (7 U.S.C. 3152(b)(5)), $981,000, to remain avail25 able until expended (7 U.S.C. 2209b); for an education 


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1 grants program for Hispanic-serving Institutions (7 U.S.C. 

2 3241), $7,737,000; for competitive grants for the purpose 

3 of carrying out all provisions of 7 U.S.C. 3156 to indi4 vidual eligible institutions or consortia of eligible institu5 tions in Alaska and in Hawaii, with funds awarded equally 

6 to each of the States of Alaska and Hawaii, $3,200,000; 

7 for a secondary agriculture education program and 2-year 

8 post-secondary education (7 U.S.C. 3152(j)), $983,000; for 

9 aquaculture grants (7 U.S.C. 3322), $3,928,000; for sus10 tainable agriculture research and education (7 U.S.C. 

11 5811), $14,500,000; for a program of capacity building 

12 grants (7 U.S.C. 3152(b)(4)) to institutions eligible to re13 ceive funds under 7 U.S.C. 3221 and 3222, $16,500,000, 

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

15 payments to the 1994 Institutions pursuant to section 

16 534(a)(1) of Public Law 103–382, $3,342,000; for resident 

17 instruction grants for insular areas under section 1491 of 

18 the National Agricultural Research, Extension, and Teach19 ing Policy Act of 1977 (7 U.S.C. 3363), $800,000; for a 

20 new era rural technology program pursuant to section 

21 1473E of the National Agricultural Research, Extension, 

22 and Teaching Policy Act of 1977 (7 U.S.C. 3319e), 

23 $750,000; for a competitive grants program for farm busi24 ness management and benchmarking (7 U.S.C. 5925f), 

25 $2,000,000; for a competitive grants program regarding 


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1 biobased energy (7 U.S.C. 8114), $1,500,000; and for nec2 essary expenses of Research and Education Activities, 

3 $25,111,000, of which $2,704,000 for the Research, Edu4 cation, and Economics Information System and $2,136,000 

5 for the Electronic Grants Information System, are to re6 main available until expended. 

7 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

8 For the Native American Institutions Endowment 

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

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

11 EXTENSION ACTIVITIES

12 For payments to States, the District of Columbia, 

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

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

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

16 amounts, specified in the table titled ‘‘Congressionally Des17 ignated Projects’’ in the report to accompany this Act, as 

18 follows: payments for cooperative extension work under the 

19 Smith-Lever Act, to be distributed under sections 3(b) and 

20 3(c) of said Act, and under section 208(c) of Public Law 

21 93–471, for retirement and employees’ compensation costs 

22 for extension agents, $300,000,000; payments for extension 

23 work at the 1994 Institutions under the Smith-Lever Act 

24 (7 U.S.C. 343(b)(3)), $4,000,000; payments for the nutri25 tion and family education program for low-income areas 


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1 under section 3(d) of the Act, $68,139,000; payments for 

2 the pest management program under section 3(d) of the Act, 

3 $10,085,000; payments for the farm safety program under 

4 section 3(d) of the Act, $4,863,000; payments for New Tech5 nologies for Ag Extension under section 3(d) of the Act, 

6 $2,000,000; payments to upgrade research, extension, and 

7 teaching facilities at institutions eligible to receive funds 

8 under 7 U.S.C. 3221 and 3222, $18,540,000, to remain 

9 available until expended; payments for youth-at-risk pro10 grams under section 3(d) of the Smith-Lever Act, 

11 $8,427,000; for youth farm safety education and certifi12 cation extension grants, to be awarded competitively under 

13 section 3(d) of the Act, $493,000; payments for carrying 

14 out the provisions of the Renewable Resources Extension Act 

15 of 1978 (16 U.S.C. 1671 et seq.), $4,128,000; payments for 

16 the federally-recognized Tribes Extension Program under 

17 section 3(d) of the Smith-Lever Act, $3,090,000; payments 

18 for sustainable agriculture programs under section 3(d) of 

19 the Act, $4,705,000; payments for rural health and safety 

20 education as authorized by section 502(i) of Public Law 

21 92–419 (7 U.S.C. 2662(i)), $1,738,000; payments for coop22 erative extension work by eligible institutions (7 U.S.C. 

23 3221), $41,354,000, provided that each institution receives 

24 no less than $1,000,000; for grants to youth organizations 

25 pursuant to 7 U.S.C. 7630, $1,767,000; payments to carry 


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1 out the food animal residue avoidance database program 

2 as authorized by 7 U.S.C. 7642, $1,000,000; payments to 

3 carry out section 1672(e)(49) of the Food, Agriculture, Con4 servation, and Trade Act of 1990 (7 U.S.C. 5925), as 

5 amended, $500,000; and for necessary expenses of Extension 

6 Activities, $16,463,000. 

7 INTEGRATED ACTIVITIES

8 For the integrated research, education, and extension 

9 grants programs, including necessary administrative ex10 penses, $56,864,000, as follows: for competitive grants pro11 grams authorized under section 406 of the Agricultural Re12 search, Extension, and Education Reform Act of 1998 (7 

13 U.S.C. 7626), $41,990,000, including $12,649,000 for the 

14 water quality program, $14,596,000 for the food safety pro15 gram, $4,096,000 for the regional pest management centers 

16 program, $4,388,000 for the Food Quality Protection Act 

17 risk mitigation program for major food crop systems, 

18 $1,365,000 for the crops affected by Food Quality Protection 

19 Act implementation, $3,054,000 for the methyl bromide 

20 transition program, and $1,842,000 for the organic transi21 tion program; for a competitive international science and 

22 education grants program authorized under section 1459A 

23 of the National Agricultural Research, Extension, and 

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

25 available until expended, $3,000,000; for grants programs 


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1 authorized under section 2(c)(1)(B) of Public Law 89–106, 

2 as amended, $732,000, to remain available until September 

3 30, 2011, for the critical issues program; $1,312,000 for the 

4 regional rural development centers program; and 

5 $9,830,000 for the Food and Agriculture Defense Initiative 

6 authorized under section 1484 of the National Agricultural 

7 Research, Extension, and Teaching Policy Act of 1977, to 

8 remain available until September 30, 2011. 

9 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

10 REGULATORY PROGRAMS

11 For necessary expenses of the Office of the Under Sec12 retary for Marketing and Regulatory Programs, $895,000. 

13 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Animal and Plant 

17 Health Inspection Service, including up to $30,000 for rep18 resentation allowances and for expenses pursuant to the 

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

20 $911,394,000, of which $18,059,000 shall be for the pur21 poses, and in the amounts, specified in the table titled 

22 ‘‘Congressionally Designated Projects’’ in the report to ac23 company this Act, of which $2,058,000 shall be available 

24 for the control of outbreaks of insects, plant diseases, animal 

25 diseases and for control of pest animals and birds to the 


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1 extent necessary to meet emergency conditions; of which 

2 $23,390,000 shall be used for the cotton pests program for 

3 cost share purposes or for debt retirement for active eradi4 cation zones; of which $7,300,000 shall be for a National 

5 Animal Identification program and may only be used for 

6 ongoing activities and purposes (as of the date of enactment 

7 of this Act) relating to proposed rulemaking for that pro8 gram under subchapter II of chapter 5, and chapter 7, of 

9 title 5, United States Code (commonly known as the ‘‘Ad10 ministrative Procedure Act’’); of which $60,243,000 shall 

11 be used to prevent and control avian influenza and shall 

12 remain available until expended: Provided, That funds pro13 vided for the contingency fund to meet emergency condi14 tions, information technology infrastructure, fruit fly pro15 gram, emerging plant pests, cotton pests program, grass16 hopper and mormon cricket program, the plum pox pro17 gram, the National Veterinary Stockpile, the National Ani18 mal Identification System, up to $1,500,000 in the scrapie 

19 program for indemnities, up to $1,000,000 for wildlife serv20 ices methods development, up to $1,000,000 of the wildlife 

21 services operations program for aviation safety, and up to 

22 25 percent of the screwworm program shall remain avail23 able until expended: Provided further, That no funds shall 

24 be used to formulate or administer a brucellosis eradication 

25 program for the current fiscal year that does not require 


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1 minimum matching by the States of at least 40 percent: 

2 Provided further, That this appropriation shall be available 

3 for the operation and maintenance of aircraft and the pur4 chase of not to exceed four, of which two shall be for replace5 ment only: Provided further, That, in addition, in emer6 gencies which threaten any segment of the agricultural pro7 duction industry of this country, the Secretary may trans8 fer from other appropriations or funds available to the 

9 agencies or corporations of the Department such sums as 

10 may be deemed necessary, to be available only in such emer11 gencies for the arrest and eradication of contagious or infec12 tious disease or pests of animals, poultry, or plants, and 

13 for expenses in accordance with sections 10411 and 10417 

14 of the Animal Health Protection Act (7 U.S.C. 8310 and 

15 8316) and sections 431 and 442 of the Plant Protection Act 

16 (7 U.S.C. 7751 and 7772), and any unexpended balances 

17 of 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 any 

23 one building during the fiscal year shall not exceed 10 per24 cent of the current replacement value of the building: Pro25 vided further, That of the amount available under this headVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 ing, at least $17,764,000 shall be used for the tuberculosis 

2 program (including at least $3,000,000 for tuberculosis in3 demnity and depopulation). 

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

5 fees to cover the total costs of providing technical assistance, 

6 goods, or services requested by States, other political sub7 divisions, domestic and international organizations, foreign 

8 governments, or individuals, provided that such fees are 

9 structured such that any entity’s liability for such fees is 

10 reasonably based on the technical assistance, goods, or serv11 ices provided to the entity by the agency, and such fees shall 

12 be credited to this account, to remain available until ex13 pended, without further appropriation, for providing such 

14 assistance, goods, or services. 

15 BUILDINGS AND FACILITIES

16 For plans, construction, repair, preventive mainte17 nance, environmental support, improvement, extension, al18 teration, and purchase of fixed equipment or facilities, as 

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

20 authorized by 7 U.S.C. 428a, $4,712,000, to remain avail21 able until expended. 

22 AGRICULTURAL MARKETING SERVICE

23 MARKETING SERVICES

24 For necessary expenses of the Agricultural Marketing 

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


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

2 alteration and repair of buildings and improvements, but 

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

4 shall not exceed 10 percent of the current replacement value 

5 of the building. 

6 Fees may be collected for the cost of standardization 

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

8 U.S.C. 9701). 

9 LIMITATION ON ADMINISTRATIVE EXPENSES

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

11 obligated during the current fiscal year for administrative 

12 expenses: Provided, That if crop size is understated and/ 

13 or other uncontrollable events occur, the agency may exceed 

14 this limitation by up to 10 percent with notification to the 

15 Committees on Appropriations of both Houses of Congress. 

16 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

17 SUPPLY (SECTION 32)

18 (INCLUDING TRANSFERS OF FUNDS)

19 Funds available under section 32 of the Act of August 

20 24, 1935 (7 U.S.C. 612c), shall be used only for commodity 

21 program expenses as authorized therein, and other related 

22 operating expenses, including not less than $20,000,000 for 

23 replacement of a system to support commodity purchases, 

24 except for: (1) transfers to the Department of Commerce as 

25 authorized by the Fish and Wildlife Act of August 8, 1956; 


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1 (2) transfers otherwise provided in this Act; and (3) not 

2 more than $20,056,000 for formulation and administration 

3 of marketing agreements and orders pursuant to the Agri4 cultural Marketing Agreement Act of 1937 and the Agricul5 tural Act of 1961. 

6 PAYMENTS TO STATES AND POSSESSIONS

7 For payments to departments of agriculture, bureaus 

8 and departments of markets, and similar agencies for mar9 keting activities under section 204(b) of the Agricultural 

10 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,334,000. 

11 GRAIN INSPECTION, PACKERS AND STOCKYARDS

12 ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Grain Inspection, Pack15 ers and Stockyards Administration, $41,564,000: Provided, 

16 That this appropriation shall be available pursuant to law 

17 (7 U.S.C. 2250) for the alteration and repair of buildings 

18 and improvements, but the cost of altering any one building 

19 during the fiscal year shall not exceed 10 percent of the cur20 rent replacement value of the building. 

21 LIMITATION ON INSPECTION AND WEIGHING SERVICES

22 EXPENSES

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

24 obligated during the current fiscal year for inspection and 

25 weighing services: Provided, That if grain export activities 


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1 require additional supervision and oversight, or other un2 controllable factors occur, this limitation may be exceeded 

3 by up to 10 percent with notification to the Committees 

4 on Appropriations of both Houses of Congress. 

5 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

6 For necessary expenses of the Office of the Under Sec7 retary for Food Safety, $813,000. 

8 FOOD SAFETY AND INSPECTION SERVICE

9 For necessary expenses to carry out services authorized 

10 by the Federal Meat Inspection Act, the Poultry Products 

11 Inspection Act, and the Egg Products Inspection Act, in12 cluding not to exceed $50,000 for representation allowances 

13 and for expenses pursuant to section 8 of the Act approved 

14 August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in 

15 addition, $1,000,000 may be credited to this account from 

16 fees collected for the cost of laboratory accreditation as au17 thorized by section 1327 of the Food, Agriculture, Conserva18 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

19 funds provided for the Public Health Data Communication 

20 Infrastructure system shall remain available until ex21 pended: Provided further, That no fewer than 150 full-time 

22 equivalent positions shall be employed during fiscal year 

23 2010 for purposes dedicated solely to inspections and en24 forcement related to the Humane Methods of Slaughter Act: 

25 Provided further, That of the amount available under this 


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1 heading, $3,000,000 shall be obligated to maintain the Hu2 mane Animal Tracking System as part of the Public Health 

3 Data Communication Infrastructure System: Provided fur4 ther, That this appropriation shall be available pursuant 

5 to law (7 U.S.C. 2250) for the alteration and repair of 

6 buildings and improvements, but the cost of altering any 

7 one building during the fiscal year shall not exceed 10 per8 cent of the current replacement value of the building. 

9 OFFICE OF THE UNDER SECRETARY FOR FARM AND

10 FOREIGN AGRICULTURAL SERVICES

11 For necessary expenses of the Office of the Under Sec12 retary for Farm and Foreign Agricultural Services, 

13 $895,000. 

14 FARM SERVICE AGENCY

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of the Farm Service Agency, 

18 $1,603,777,000: Provided, That the Secretary is authorized 

19 to use the services, facilities, and authorities (but not the 

20 funds) of the Commodity Credit Corporation to make pro21 gram payments for all programs administered by the Agen22 cy: Provided further, That other funds made available to 

23 the Agency for authorized activities may be advanced to and 

24 merged with this account: Provided further, That funds 


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1 made available to county committees shall remain available 

2 until expended. 

3 STATE MEDIATION GRANTS

4 For grants pursuant to section 502(b) of the Agricul5 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

6 $4,369,000. 

7 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

8 For necessary expenses to carry out wellhead or 

9 groundwater protection activities under section 1240O of 

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

11 $5,000,000, to remain available until expended. 

12 DAIRY INDEMNITY PROGRAM

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses involved in making indemnity 

15 payments to dairy farmers and manufacturers of dairy 

16 products under a dairy indemnity program, such sums as 

17 may be necessary, to remain available until expended: Pro18 vided, That such program is carried out by the Secretary 

19 in the same manner as the dairy indemnity program de20 scribed in the Agriculture, Rural Development, Food and 

21 Drug Administration, and Related Agencies Appropria22 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

23 12). 


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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 seq.) 

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

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

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

9 (7 U.S.C. 1924 et seq.) and Indian highly fractionated land 

10 loans (25 U.S.C. 488), to be available from funds in the 

11 Agricultural Credit Insurance Fund, as follows: farm own12 ership loans, $1,892,990,000, of which $1,500,000,000 shall 

13 be for unsubsidized guaranteed loans and $392,990,000 

14 shall be for direct loans; operating loans, $1,994,467,000, 

15 of which $1,150,000,000 shall be for unsubsidized guaran16 teed loans, $144,467,000 shall be for subsidized guaranteed 

17 loans and $700,000,000 shall be for direct loans; Indian 

18 tribe land acquisition loans, $2,000,000; conservation loans, 

19 $150,000,000, of which $75,000,000 shall be for guaranteed 

20 loans and $75,000,000 shall be for direct loans; Indian 

21 highly fractionated land loans, $10,000,000; and for boll 

22 weevil eradication program loans, $100,000,000: Provided, 

23 That the Secretary shall deem the pink bollworm to be a 

24 boll weevil for the purpose of boll weevil eradication pro25 gram loans. 


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1 For the cost of direct and guaranteed loans, including 

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

3 Congressional Budget Act of 1974, as follows: farm owner4 ship loans, $21,584,000, of which $5,550,000 shall be for 

5 unsubsidized guaranteed loans, and $16,034,000 shall be for 

6 direct loans; operating loans, $80,402,000, of which 

7 $26,910,000 shall be for unsubsidized guaranteed loans, 

8 $20,312,000 shall be for subsidized guaranteed loans, and 

9 $33,180,000 shall be for direct loans; conservation loans, 

10 $1,343,000, of which $278,000 shall be for guaranteed loans, 

11 and $1,065,000 shall be for direct loans; and Indian highly 

12 fractionated land loans, $793,000. 

13 In addition, for administrative expenses necessary to 

14 carry out the direct and guaranteed loan programs, 

15 $321,093,000, of which $313,173,000 shall be transferred to 

16 and merged with the appropriation for ‘‘Farm Service 

17 Agency, Salaries and Expenses’’. 

18 Funds appropriated by this Act to the Agricultural 

19 Credit Insurance Program Account for farm ownership, op20 erating, and conservation direct loans and guaranteed loans 

21 may be transferred among these programs: Provided, That 

22 the Committees on Appropriations of both Houses of Con23 gress are notified at least 15 days in advance of any trans24 fer. 


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1 RISK MANAGEMENT AGENCY

2 For necessary expenses of the Risk Management Agen3 cy, $79,425,000: Provided, That the funds made available 

4 under section 522(e) of the Federal Crop Insurance Act (7 

5 U.S.C. 1522(e)) may be used for the Common Information 

6 Management System: Provided further, That not to exceed 

7 $1,000 shall be available for official reception and represen8 tation expenses, as authorized by 7 U.S.C. 1506(i). 

9 CORPORATIONS 

10 The following corporations and agencies are hereby au11 thorized to make expenditures, within the limits of funds 

12 and borrowing authority available to each such corporation 

13 or agency and in accord with law, and to make contracts 

14 and commitments without regard to fiscal year limitations 

15 as provided by section 104 of the Government Corporation 

16 Control Act as may be necessary in carrying out the pro17 grams set forth in the budget for the current fiscal year for 

18 such corporation or agency, except as hereinafter provided. 

19 FEDERAL CROP INSURANCE CORPORATION FUND

20 For payments as authorized by section 516 of the Fed21 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

22 be necessary, to remain available until expended. 


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1 COMMODITY CREDIT CORPORATION FUND

2 REIMBURSEMENT FOR NET REALIZED LOSSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the current fiscal year, such sums as may be nec5 essary to reimburse the Commodity Credit Corporation for 

6 net realized losses sustained, but not previously reimbursed, 

7 pursuant to section 2 of the Act of August 17, 1961 (15 

8 U.S.C. 713a–11): Provided, That of the funds available to 

9 the Commodity Credit Corporation under section 11 of the 

10 Commodity Credit Corporation Charter Act (15 U.S.C. 

11 714i) for the conduct of its business with the Foreign Agri12 cultural Service, up to $5,000,000 may be transferred to 

13 and used by the Foreign Agricultural Service for informa14 tion resource management activities of the Foreign Agricul15 tural Service that are not related to Commodity Credit Cor16 poration business. 

17 HAZARDOUS WASTE MANAGEMENT

18 (LIMITATION ON EXPENSES)

19 For the current fiscal year, the Commodity Credit Cor20 poration shall not expend more than $5,000,000 for site in21 vestigation and cleanup expenses, and operations and 

22 maintenance expenses to comply with the requirement of 

23 section 107(g) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act (42 U.S.C. 


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1 9607(g)), and section 6001 of the Resource Conservation 

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

3 TITLE II 

4 CONSERVATION PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR NATURAL

6 RESOURCES AND ENVIRONMENT

7 For necessary expenses of the Office of the Under Sec8 retary for Natural Resources and Environment, $895,000. 

9 NATURAL RESOURCES CONSERVATION SERVICE

10 CONSERVATION OPERATIONS

11 For necessary expenses for carrying out the provisions 

12 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including 

13 preparation of conservation plans and establishment of 

14 measures to conserve soil and water (including farm irriga15 tion and land drainage and such special measures for soil 

16 and water management as may be necessary to prevent 

17 floods and the siltation of reservoirs and to control agricul18 tural related pollutants); operation of conservation plant 

19 materials centers; classification and mapping of soil; dis20 semination of information; acquisition of lands, water, and 

21 interests therein for use in the plant materials program by 

22 donation, exchange, or purchase at a nominal cost not to 

23 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 

24 428a); purchase and erection or alteration or improvement 

25 of permanent and temporary buildings; and operation and 


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1 maintenance of aircraft, $949,577,000, to remain available 

2 until September 30, 2011, of which up to $50,730,000 may 

3 be used in planning and carrying out projects for resource 

4 conservation and development and for sound land use pur5 suant to the provisions of sections 31 and 32 of the 

6 Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010–1011; 

7 76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a– 

8 590f); and subtitle H of title XV of the Agriculture and 

9 Food Act of 1981 (16 U.S.C. 3451–3461), and of which 

10 $21,511,000 shall be for the purposes, and in the amounts, 

11 specified in the table titled ‘‘Congressionally Designated 

12 Projects’’ in the report to accompany this Act: Provided, 

13 That appropriations hereunder shall be available pursuant 

14 to 7 U.S.C. 2250 for construction and improvement of 

15 buildings and public improvements at plant materials cen16 ters, except that the cost of alterations and improvements 

17 to other buildings and other public improvements shall not 

18 exceed $250,000: Provided further, That the Secretary is au19 thorized to transfer ownership of all land, buildings, and 

20 related improvements of the Natural Resources Conserva21 tion Service facilities located in Medicine Bow, Wyoming, 

22 to the Medicine Bow Conservation District: Provided fur23 ther, That when buildings or other structures are erected 

24 on non-Federal land, that the right to use such land is ob25 tained as provided in 7 U.S.C. 2250a. 


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1 WATERSHED AND FLOOD PREVENTION OPERATIONS

2 For necessary expenses to carry out preventive meas3 ures, including but not limited to research, engineering op4 erations, methods of cultivation, the growing of vegetation, 

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

6 in accordance with the Watershed Protection and Flood 

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

8 provisions of the Act of April 27, 1935 (16 U.S.C. 590a– 

9 f), and in accordance with the provisions of laws relating 

10 to the activities of the Department, $24,394,000, to remain 

11 available until expended, of which $16,750,000 shall be for 

12 the purposes, and in the amounts, specified in the table ti13 tled ‘‘Congressionally Designated Projects’’ in the report to 

14 accompany this Act: Provided, That not to exceed 

15 $15,000,000 of this appropriation shall be available for 

16 technical assistance. 

17 WATERSHED REHABILITATION PROGRAM

18 For necessary expenses to carry out rehabilitation of 

19 structural measures, in accordance with section 14 of the 

20 Watershed Protection and Flood Prevention Act (16 U.S.C. 

21 1012), and in accordance with the provisions of laws relat22 ing to the activities of the Department, $40,161,000, to re23 main available until expended. 


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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 Sec6 retary for Rural Development, $895,000. 

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

15 provision of law, funds appropriated under this section 

16 may be used for advertising and promotional activities that 

17 support the Rural Development mission area: Provided fur18 ther, That not more than $10,000 may be expended to pro19 vide modest nonmonetary awards to non-USDA employees: 

20 Provided further, That any balances available from prior 

21 years for the Rural Utilities Service, Rural Housing Serv22 ice, and the Rural Business-Cooperative Service salaries 

23 and expenses accounts shall be transferred to and merged 

24 with this appropriation. 


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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 rural 

7 housing insurance fund, as follows: $13,226,501,000 for 

8 loans to section 502 borrowers, of which $1,226,501,000 

9 shall be for direct loans, and of which $12,000,000,000 shall 

10 be for unsubsidized guaranteed loans; $34,412,000 for sec11 tion 504 housing repair loans; $69,512,000 for section 515 

12 rental housing; $129,090,000 for section 538 guaranteed 

13 multi-family housing loans; $5,045,000 for section 524 site 

14 loans; $11,448,000 for credit sales of acquired property, of 

15 which up to $1,448,000 may be for multi-family credit 

16 sales; and $4,970,000 for section 523 self-help housing land 

17 development loans. 

18 For the cost of direct and guaranteed loans, including 

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

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

21 502 loans, $217,322,000, of which $44,522,000 shall be for 

22 direct loans, and of which $172,800,000, to remain avail23 able until expended, shall be for unsubsidized guaranteed 

24 loans; section 504 housing repair loans, $4,422,000; repair, 

25 rehabilitation, and new construction of section 515 rental 


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

2 guaranteed loans, $1,485,000; and credit sales of acquired 

3 property, $556,000: Provided, That section 538 multi-fam4 ily housing guaranteed loans funded pursuant to this para5 graph shall not be subject to a guarantee fee and the interest 

6 on such loans may not be subsidized: Provided further, That 

7 any balances for a demonstration program for the preserva8 tion and revitalization of the section 515 multi-family rent9 al housing properties as authorized by Public Law 109– 

10 97 and Public Law 110–5 shall be transferred to and 

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

12 Housing Revitalization Program Account’’. 

13 In addition, for administrative expenses necessary to 

14 carry out the direct and guaranteed loan programs, 

15 $468,593,000, which shall be transferred to and merged 

16 with the appropriation for ‘‘Rural Development, Salaries 

17 and Expenses’’. 

18 RENTAL ASSISTANCE PROGRAM

19 For rental assistance agreements entered into or re20 newed pursuant to the authority under section 521(a)(2) 

21 or agreements entered into in lieu of debt forgiveness or 

22 payments for eligible households as authorized by section 

23 502(c)(5)(D) of the Housing Act of 1949, $980,000,000; 

24 and, in addition, such sums as may be necessary, as author25 ized by section 521(c) of the Act, to liquidate debt incurred 


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1 prior to fiscal year 1992 to carry out the rental assistance 

2 program under section 521(a)(2) of the Act: Provided, That 

3 of this amount, up to $5,958,000 may be available for debt 

4 forgiveness or payments for eligible households as authorized 

5 by section 502(c)(5)(D) of the Act, and not to exceed 

6 $50,000 per project for advances to nonprofit organizations 

7 or public agencies to cover direct costs (other than purchase 

8 price) incurred in purchasing projects pursuant to section 

9 502(c)(5)(C) of the Act: Provided further, That of this 

10 amount not less than $2,030,000 is available for newly con11 structed units financed by section 515 of the Housing Act 

12 of 1949, and not less than $3,400,000 is for newly con13 structed units financed under sections 514 and 516 of the 

14 Housing Act of 1949: Provided further, That rental assist15 ance agreements entered into or renewed during the current 

16 fiscal year shall be funded for a one-year period: Provided 

17 further, That any unexpended balances remaining at the 

18 end of such one-year agreements may be transferred and 

19 used for the purposes of any debt reduction; maintenance, 

20 repair, or rehabilitation of any existing projects; preserva21 tion; and rental assistance activities authorized under title 

22 V of the Act: Provided further, That rental assistance pro23 vided under agreements entered into prior to fiscal year 

24 2010 for a farm labor multi-family housing project financed 

25 under section 514 or 516 of the Act may not be recaptured 


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1 for use in another project until such assistance has re2 mained unused for a period of 12 consecutive months, if 

3 such project has a waiting list of tenants seeking such as4 sistance or the project has rental assistance eligible tenants 

5 who are not receiving such assistance: Provided further, 

6 That such recaptured rental assistance shall, to the extent 

7 practicable, be applied to another farm labor multi-family 

8 housing project financed under section 514 or 516 of the 

9 Act. 

10 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

11 ACCOUNT

12 For the rural housing voucher program as authorized 

13 under section 542 of the Housing Act of 1949, but notwith14 standing subsection (b) of such section, for the cost to con15 duct a housing demonstration program to provide revolving 

16 loans for the preservation of low-income multi-family hous17 ing projects, and for additional costs to conduct a dem18 onstration program for the preservation and revitalization 

19 of multi-family rental housing properties described in this 

20 paragraph, $39,651,000, to remain available until ex21 pended: Provided, That of the funds made available under 

22 this heading, $18,000,000 shall be available for rural hous23 ing vouchers to any low-income household (including those 

24 not receiving rental assistance) residing in a property fi25 nanced with a section 515 loan which has been prepaid 


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1 after September 30, 2005: Provided further, That the 

2 amount of such voucher shall be the difference between com3 parable market rent for the section 515 unit and the tenant 

4 paid rent for such unit: Provided further, That funds made 

5 available for such vouchers shall be subject to the avail6 ability of annual appropriations: Provided further, That 

7 the Secretary shall, to the maximum extent practicable, ad8 minister such vouchers with current regulations and ad9 ministrative guidance applicable to section 8 housing 

10 vouchers administered by the Secretary of the Department 

11 of Housing and Urban Development (including the ability 

12 to pay administrative costs related to delivery of the vouch13 er funds): Provided further, That if the Secretary deter14 mines that the amount made available for vouchers in this 

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

16 may use such funds for the demonstration programs for the 

17 preservation and revitalization of multi-family rental hous18 ing properties described in this paragraph: Provided fur19 ther, That of the funds made available under this heading, 

20 $1,791,000 shall be available for the cost of loans to private 

21 nonprofit organizations, or such nonprofit organizations’ 

22 affiliate loan funds and State and local housing finance 

23 agencies, to carry out a housing demonstration program to 

24 provide revolving loans for the preservation of low-income 

25 multi-family housing projects: Provided further, That loans 


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1 under such demonstration program shall have an interest 

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

3 Provided further, That the Secretary may defer the interest 

4 and principal payment to the Rural Housing Service for 

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

6 30 years: Provided further, That of the funds made avail7 able under this heading, $19,860,000 shall be available for 

8 a demonstration program for the preservation and revital9 ization of the section 514, 515, and 516 multi-family rental 

10 housing properties to restructure existing USDA multi-fam11 ily housing loans, as the Secretary deems appropriate, ex12 pressly for the purposes of ensuring the project has sufficient 

13 resources to preserve the project for the purpose of providing 

14 safe and affordable housing for low-income residents and 

15 farm laborers including reducing or eliminating interest; 

16 deferring loan payments, subordinating, reducing or re17 amortizing loan debt; and other financial assistance includ18 ing advances, payments and incentives (including the abil19 ity of owners to obtain reasonable returns on investment) 

20 required by the Secretary: Provided further, That the Sec21 retary shall as part of the preservation and revitalization 

22 agreement obtain a restrictive use agreement consistent 

23 with the terms of the restructuring: Provided further, That 

24 if the Secretary determines that additional funds for vouch25 ers described in this paragraph are needed, funds for the 


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1 preservation and revitalization demonstration program 

2 may be used for such vouchers: Provided further, That the 

3 Secretary may use any unobligated funds appropriated for 

4 the rural housing voucher program in a prior fiscal year 

5 to support information technology activities of the Rural 

6 Housing Service to the extent the Secretary determines that 

7 additional funds are not needed for this fiscal year to pro8 vide vouchers described in this paragraph: Provided further, 

9 That if Congress enacts legislation to permanently author10 ize a multi-family rental housing loan restructuring pro11 gram similar to the demonstration program described here12 in, the Secretary may use funds made available for the dem13 onstration program under this heading to carry out such 

14 legislation with the prior notification of the Committees on 

15 Appropriations of both Houses of Congress. 

16 MUTUAL AND SELF-HELP HOUSING GRANTS

17 For grants and contracts pursuant to section 

18 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

19 $38,727,000, to remain available until expended. 

20 RURAL HOUSING ASSISTANCE GRANTS

21 (INCLUDING TRANSFER OF FUNDS)

22 For grants and contracts for very low-income housing 

23 repair, supervisory and technical assistance, compensation 

24 for construction defects, and rural housing preservation 

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


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

2 remain available until expended: Provided, That any bal3 ances to carry out a housing demonstration program to pro4 vide revolving loans for the preservation of low-income 

5 multi-family housing projects as authorized in Public Law 

6 108–447 and Public Law 109–97 shall be transferred to and 

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

8 Housing Revitalization Program Account’’. 

9 FARM LABOR PROGRAM ACCOUNT

10 For the cost of direct loans, grants, and contracts, as 

11 authorized by 42 U.S.C. 1484 and 1486, $16,968,000, to 

12 remain available until expended, for direct farm labor hous13 ing loans and domestic farm labor housing grants and con14 tracts. 

15 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

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

18 grants for rural community facilities programs as author19 ized by section 306 and described in section 381E(d)(1) of 

20 the Consolidated Farm and Rural Development Act, 

21 $54,993,000, to remain available until expended: Provided, 

22 That $6,256,000 of the amount appropriated under this 

23 heading shall be available for a Rural Community Develop24 ment Initiative: Provided further, That such funds shall be 

25 used solely to develop the capacity and ability of private, 


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1 nonprofit community-based housing and community devel2 opment organizations, low-income rural communities, and 

3 Federally Recognized Native American Tribes to undertake 

4 projects to improve housing, community facilities, commu5 nity and economic development projects in rural areas: Pro6 vided further, That such funds shall be made available to 

7 qualified private, nonprofit and public intermediary orga8 nizations proposing to carry out a program of financial 

9 and technical assistance: Provided further, That such inter10 mediary organizations shall provide matching funds from 

11 other sources, including Federal funds for related activities, 

12 in an amount not less than funds provided: Provided fur13 ther, That $13,902,000 of the amount appropriated under 

14 this heading shall be to provide grants for facilities in rural 

15 communities with extreme unemployment and severe eco16 nomic depression (Public Law 106–387), with up to 5 per17 cent for administration and capacity building in the State 

18 rural development offices: Provided further, That 

19 $3,972,000 of the amount appropriated under this heading 

20 shall be available for community facilities grants to tribal 

21 colleges, as authorized by section 306(a)(19) of such Act: 

22 Provided further, That sections 381E–H and 381N of the 

23 Consolidated Farm and Rural Development Act are not ap24 plicable to the funds made available under this heading: 

25 Provided further, That any prior balances in the Rural DeVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 velopment, Rural Community Advancement Program ac2 count for programs authorized by section 306 and described 

3 in section 381E(d)(1) of such Act be transferred and merged 

4 with this account and any other prior balances from the 

5 Rural Development, Rural Community Advancement Pro6 gram account that the Secretary determines is appropriate 

7 to transfer. 

8 RURAL BUSINESS—COOPERATIVE SERVICE

9 RURAL BUSINESS PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

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

12 rural business development programs authorized by sections 

13 306 and 310B and described in sections 310B(f) and 

14 381E(d)(3) of the Consolidated Farm and Rural Develop15 ment Act, $97,116,000, to remain available until expended: 

16 Provided, That of the amount appropriated under this 

17 heading, not to exceed $500,000 shall be made available for 

18 a grant to a qualified national organization to provide tech19 nical assistance for rural transportation in order to pro20 mote economic development and $2,979,000 shall be for 

21 grants to the Delta Regional Authority (7 U.S.C. 2009aa 

22 et seq.) for any Rural Community Advancement Program 

23 purpose as described in section 381E(d) of the Consolidated 

24 Farm and Rural Development Act, of which not more than 

25 5 percent may be used for administrative expenses: ProVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 vided further, That $4,000,000 of the amount appropriated 

2 under this heading shall be for business grants to benefit 

3 Federally Recognized Native American Tribes, including 

4 $250,000 for a grant to a qualified national organization 

5 to provide technical assistance for rural transportation in 

6 order to promote economic development: Provided further, 

7 That sections 381E–H and 381N of the Consolidated Farm 

8 and Rural Development Act are not applicable to funds 

9 made available under this heading: Provided further, That 

10 any prior balances in the Rural Development, Rural Com11 munity Advancement Program account for programs au12 thorized by sections 306 and 310B and described in sections 

13 310B(f) and 381E(d)(3) of such Act be transferred and 

14 merged with this account and any other prior balances from 

15 the Rural Development, Rural Community Advancement 

16 Program account that the Secretary determines is appro17 priate to transfer. 

18 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For the principal amount of direct loans, as authorized 

21 by the Rural Development Loan Fund (42 U.S.C. 9812(a)), 

22 $33,536,000. 

23 For the cost of direct loans, $8,464,000, as authorized 

24 by the Rural Development Loan Fund (42 U.S.C. 9812(a)), 

25 of which $1,035,000 shall be available through June 30, 


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1 2010, for Federally Recognized Native American Tribes and 

2 of which $2,070,000 shall be available through June 30, 

3 2010, for Mississippi Delta Region counties (as determined 

4 in accordance with Public Law 100–460): Provided, That 

5 such costs, including the cost of modifying such loans, shall 

6 be as defined in section 502 of the Congressional Budget 

7 Act of 1974. 

8 In addition, for administrative expenses to carry out 

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

10 to and merged with the appropriation for ‘‘Rural Develop11 ment, Salaries and Expenses’’. 

12 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

13 ACCOUNT

14 (INCLUDING RESCISSION OF FUNDS)

15 For the principal amount of direct loans, as authorized 

16 under section 313 of the Rural Electrification Act, for the 

17 purpose of promoting rural economic development and job 

18 creation projects, $33,077,000. 

19 Of the funds derived from interest on the cushion of 

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

21 Electrification Act of 1936, $43,000,000 shall not be obli22 gated and $43,000,000 are rescinded. 

23 RURAL COOPERATIVE DEVELOPMENT GRANTS

24 For rural cooperative development grants authorized 

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


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1 Development Act (7 U.S.C. 1932(i)), $38,854,000, of which 

2 $300,000 shall be for a cooperative research agreement with 

3 a qualified academic institution to conduct research on the 

4 national economic impact of all types of cooperatives; and 

5 of 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 for 

8 cooperatives or associations of cooperatives whose primary 

9 focus is to provide assistance to small, socially disadvan10 taged producers and whose governing board and/or member11 ship is comprised of at least 75 percent socially disadvan12 taged members; and of which $21,867,000, to remain avail13 able until expended, shall be for value-added agricultural 

14 product market development grants, as authorized by sec15 tion 231 of the Agricultural Risk Protection Act of 2000 

16 (7 U.S.C. 1621 note). 

17 RURAL MICROENTERPRISE INVESTMENT PROGRAM

18 ACCOUNT

19 For the cost of loans and grants, $22,000,000 as au20 thorized by section 379E of the Consolidated Farm and 

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

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

23 such loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974. 


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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 Investment 

5 Act of 2002 (7 U.S.C. 8107), $68,130,000: Provided, That 

6 the cost of loan guarantees, including the cost of modifying 

7 such loans, shall be as defined in section 502 of the Congres8 sional Budget Act of 1974. 

9 BIOREFINERY ASSISTANCE PROGRAM ACCOUNT

10 For the cost of guaranteed loans, $17,339,000, as au11 thorized by section 9003 of the Farm Security and Rural 

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

13 such costs, including the cost of modifying such loans, shall 

14 be as defined in section 502 of the Congressional Budget 

15 Act of 1974. 

16 RURAL UTILITIES SERVICE

17 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

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

20 grants for the rural water, waste water, waste disposal, and 

21 solid waste management programs authorized by sections 

22 306, 306A, 306C, 306D, 306E, and 310B and described in 

23 sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 

24 Consolidated Farm and Rural Development Act, 

25 $568,730,000, to remain available until expended, of which 


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1 not to exceed $497,000 shall be available for the rural utili2 ties program described in section 306(a)(2)(B) of such Act, 

3 and of which not to exceed $993,000 shall be available for 

4 the rural utilities program described in section 306E of 

5 such Act: Provided, That $70,000,000 of the amount appro6 priated under this heading shall be for loans and grants 

7 including water and waste disposal systems grants author8 ized by 306C(a)(2)(B) and 306D of the Consolidated Farm 

9 and Rural Development Act, Federally-recognized Native 

10 American Tribes authorized by 306C(a)(1), and the Depart11 ment of Hawaiian Home Lands (of the State of Hawaii): 

12 Provided further, That such loans and grants shall not be 

13 subject to any matching requirements: Provided further, 

14 That not to exceed $19,000,000 of the amount appropriated 

15 under this heading shall be for technical assistance grants 

16 for rural water and waste systems pursuant to section 

17 306(a)(14) of such Act, unless the Secretary makes a deter18 mination of extreme need, of which $5,600,000 shall be 

19 made available for a grant to a qualified non-profit multi20 state regional technical assistance organization, with expe21 rience in working with small communities on water and 

22 waste water problems, the principal purpose of such grant 

23 shall be to assist rural communities with populations of 

24 3,300 or less, in improving the planning, financing, devel25 opment, operation, and management of water and waste 


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

2 be for a qualified national Native American organization 

3 to provide technical assistance for rural water systems for 

4 tribal communities: Provided further, That not to exceed 

5 $14,000,000 of the amount appropriated under this heading 

6 shall be for contracting with qualified national organiza7 tions for a circuit rider program to provide technical assist8 ance for rural water systems: Provided further, That 

9 $17,500,000 of the amount appropriated under this heading 

10 shall be transferred to, and merged with, the Rural Utilities 

11 Service, High Energy Cost Grants Account to provide 

12 grants authorized under section 19 of the Rural Electrifica13 tion Act of 1936 (7 U.S.C. 918a): Provided further, That 

14 any prior year balances for high cost energy grants author15 ized by section 19 of the Rural Electrification Act of 1936 

16 (7 U.S.C. 918a) shall be transferred to and merged with 

17 the Rural Utilities Service, High Energy Costs Grants Ac18 count: Provided further, That sections 381E–H and 381N 

19 of the Consolidated Farm and Rural Development Act are 

20 not applicable to the funds made available under this head21 ing: Provided further, That any prior balances in the Rural 

22 Development, Rural Community Advancement Program ac23 count programs authorized by sections 306, 306A, 306C, 

24 306D, 306E, and 310B and described in sections 

25 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 


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1 transferred to and merged with this account and any other 

2 prior balances from the Rural Development, Rural Commu3 nity Advancement Program account that the Secretary de4 termines is appropriate to transfer. 

5 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

6 LOANS PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 The principal amount of direct and guaranteed loans 

9 as authorized by sections 305 and 306 of the Rural Elec10 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

11 made as follows: 5 percent rural electrification loans, 

12 $100,000,000; loans made pursuant to section 306 of that 

13 Act, rural electric, $6,500,000,000; guaranteed under14 writing loans pursuant to section 313A, $500,000,000; 5 

15 percent rural telecommunications loans, $145,000,000; cost 

16 of money rural telecommunications loans, $250,000,000; 

17 and for loans made pursuant to section 306 of that Act, 

18 rural telecommunications loans, $295,000,000. 

19 In addition, for administrative expenses necessary to 

20 carry out the direct and guaranteed loan programs, 

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

22 the appropriation for ‘‘Rural Development, Salaries and 

23 Expenses’’. 


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1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

2 PROGRAM

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

5 For grants for telemedicine and distance learning serv6 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

7 seq., $37,755,000, to remain available until expended: Pro8 vided, That $3,000,000 shall be made available for grants 

9 authorized by 379G of the Consolidated Farm and Rural 

10 Development Act: Provided further, That $4,965,000 shall 

11 be made available to those noncommercial educational tele12 vision broadcast stations that serve rural areas and are 

13 qualified for Community Service Grants by the Corporation 

14 for Public Broadcasting under section 396(k) of the Com15 munications Act of 1934, including associated translators 

16 and repeaters, regardless of the location of their main trans17 mitter, studio-to-transmitter links, and equipment to allow 

18 local control over digital content and programming through 

19 the use of high-definition broadcast, multi-casting and 

20 datacasting technologies. 

21 For the cost of broadband loans, as authorized by sec22 tion 601 of the Rural Electrification Act, $38,495,000, to 

23 remain available until expended: Provided, That the cost 

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


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1 In addition, $13,406,000, to remain available until ex2 pended, for a grant program to finance broadband trans3 mission in rural areas eligible for Distance Learning and 

4 Telemedicine Program benefits authorized by 7 U.S.C. 

5 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 Sec11 retary for Food, Nutrition and Consumer Services, 

12 $813,000. 

13 FOOD AND NUTRITION SERVICE

14 CHILD NUTRITION PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 In lieu of the amounts made available in section 

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

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

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

20 except section 21, and the Child Nutrition Act of 1966 (42 

21 U.S.C. 1771 et seq.), except sections 17 and 21; 

22 $16,801,584,000, to remain available through September 

23 30, 2011, of which $2,000,000 may be used to carry out 

24 the school community garden pilot program established 

25 under section 18(g)(3) of the Richard B. Russell National 


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1 School Lunch Act (42 U.S.C. 1769(g)(3)) and shall be de2 rived by transfer of the amount made available under the 

3 heading ‘‘ANIMAL AND PLANT HEALTH INSPECTION SERV4 ICE’’ of title I for ‘‘SALARIES AND EXPENSES’’ of which 

5 $10,051,707,000 is hereby appropriated and $6,747,877,000 

6 shall be derived by transfer from funds available under sec7 tion 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Pro8 vided, That of the total amount available, $5,000,000 shall 

9 be available to be awarded as competitive grants to imple10 ment section 4405 of the Food, Conservation, and Energy 

11 Act of 2008 (Public Law 110–246), and may be awarded 

12 notwithstanding the limitations imposed by sections 

13 4405(b)(1)(A) and 4405(c)(1)(A). 

14 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

15 WOMEN, INFANTS, AND CHILDREN (WIC)

16 For necessary expenses to carry out the WIC Program 

17 as authorized by section 17 of the Child Nutrition Act of 

18 1966 (42 U.S.C. 1786), $7,552,000,000, to remain available 

19 through September 30, 2011: Provided, That none of the 

20 funds provided in this account shall be available for the 

21 purchase of infant formula except in accordance with the 

22 cost containment and competitive bidding requirements 

23 specified in section 17 of such Act: Provided further, That 

24 none of the funds provided shall be available for activities 

25 that are not fully reimbursed by other Federal Government 


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1 departments or agencies unless authorized by section 17 of 

2 such Act. 

3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

4 For necessary expenses to carry out the Food and Nu5 trition Act of 2008 (7 U.S.C. 2011 et seq.), $61,351,846,000, 

6 of which $3,000,000,000, to remain available through Sep7 tember 30, 2011, shall be placed in reserve for use only in 

8 such amounts and at such times as may become necessary 

9 to carry out program operations: Provided, That funds pro10 vided herein shall be expended in accordance with section 

11 16 of the Food and Nutrition Act of 2008: Provided further, 

12 That this appropriation shall be subject to any work reg13 istration or workfare requirements as may be required by 

14 law: Provided further, That funds made available for Em15 ployment and Training under this heading shall remain 

16 available until expended, notwithstanding section 16(h)(1) 

17 of the Food and Nutrition Act of 2008: Provided further, 

18 That funds made available under this heading may be used 

19 to enter into contracts and employ staff to conduct studies, 

20 evaluations, or to conduct activities related to program in21 tegrity provided that such activities are authorized by the 

22 Food and Nutrition Act of 2008. 

23 COMMODITY ASSISTANCE PROGRAM

24 For necessary expenses to carry out disaster assistance 

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1 thorized by section 4(a) of the Agriculture and Consumer 

2 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency 

3 Food Assistance Act of 1983; special assistance for the nu4 clear affected islands, as authorized by section 103(f)(2) of 

5 the Compact of Free Association Amendments Act of 2003 

6 (Public Law 108–188); and the Farmers’ Market Nutrition 

7 Program, as authorized by section 17(m) of the Child Nutri8 tion Act of 1966, $233,388,000, to remain available through 

9 September 30, 2011: Provided, That none of these funds 

10 shall be available to reimburse the Commodity Credit Cor11 poration for commodities donated to the program: Provided 

12 further, That notwithstanding any other provision of law, 

13 effective with funds made available in fiscal year 2010 to 

14 support the Seniors Farmers’ Market Nutrition Program, 

15 as authorized by section 4402 of the Farm Security and 

16 Rural Investment Act of 2002, such funds shall remain 

17 available through September 30, 2011: Provided further, 

18 That of the funds made available under section 27(a) of 

19 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), 

20 the Secretary may use up to 10 percent for costs associated 

21 with the distribution of commodities. 

22 NUTRITION PROGRAMS ADMINISTRATION

23 For necessary administrative expenses of the Food and 

24 Nutrition Service for carrying out any domestic nutrition 

25 assistance program, $147,801,000. 


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1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

3 FOREIGN AGRICULTURAL SERVICE

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Foreign Agricultural 

7 Service, including not to exceed $158,000 for representation 

8 allowances and for expenses pursuant to section 8 of the 

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

10 $180,367,000: Provided, That the Service may utilize ad11 vances of funds, or reimburse this appropriation for expend12 itures made on behalf of Federal agencies, public and pri13 vate organizations and institutions under agreements exe14 cuted pursuant to the agricultural food production assist15 ance programs (7 U.S.C. 1737) and the foreign assistance 

16 programs of the United States Agency for International De17 velopment: Provided further, That funds made available for 

18 middle-income country training programs and up to 

19 $2,000,000 of the Foreign Agricultural Service appropria20 tion solely for the purpose of offsetting fluctuations in inter21 national currency exchange rates, subject to documentation 

22 by the Foreign Agricultural Service, shall remain available 

23 until expended. 


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1 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

2 PROGRESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the credit 

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

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

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

8 Salaries and Expenses’’: Provided, That funds made avail9 able for the cost of agreements under title I of the Agricul10 tural Trade Development and Assistance Act of 1954 and 

11 for title I ocean freight differential may be used inter12 changeably between the two accounts with prior notice to 

13 the Committees on Appropriations of both Houses of Con14 gress. 

15 FOOD FOR PEACE TITLE II GRANTS

16 For expenses during the current fiscal year, not other17 wise recoverable, and unrecovered prior years’ costs, includ18 ing interest thereon, under the Food for Peace Act (Public 

19 Law 83–480, as amended), for commodities supplied in 

20 connection with dispositions abroad under title II of said 

21 Act, $1,690,000,000, to remain available until expended. 


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1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

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

6 GSM 102 and GSM 103, $6,820,000; to cover common over7 head expenses as permitted by section 11 of the Commodity 

8 Credit Corporation Charter Act and in conformity with the 

9 Federal Credit Reform Act of 1990, of which $6,465,000 

10 shall be transferred to and merged with the appropriation 

11 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, 

12 and of which $355,000 shall be transferred to and merged 

13 with the appropriation for ‘‘Foreign Agricultural Service, 

14 Salaries and Expenses’’. 

15 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

16 AND CHILD NUTRITION PROGRAM GRANTS

17 For necessary expenses to carry out the provisions of 

18 section 3107 of the Farm Security and Rural Investment 

19 Act of 2002 (7 U.S.C. 1736o–1), $199,500,000, to remain 

20 available until expended: Provided, That of this amount, 

21 the Secretary shall use up to $10,000,000 to conduct pilot 

22 projects to field test new and improved micronutrient for23 tified food products designed to meet energy and nutrient 

24 needs of program participants: Provided further, That the 

25 Commodity Credit Corporation is authorized to provide the 


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1 services, facilities, and authorities for the purpose of imple2 menting such section, subject to reimbursement from 

3 amounts provided herein. 

4 TITLE VI 

5 RELATED AGENCY AND FOOD AND DRUG 

6 ADMINISTRATION 

7 DEPARTMENT OF HEALTH AND HUMAN 

8 SERVICES 

9 FOOD AND DRUG ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Food and Drug Adminis12 tration, including hire and purchase of passenger motor ve13 hicles; for payment of space rental and related costs pursu14 ant to Public Law 92–313 for programs and activities of 

15 the Food and Drug Administration which are included in 

16 this Act; for rental of special purpose space in the District 

17 of Columbia or elsewhere; for miscellaneous and emergency 

18 expenses of enforcement activities, authorized and approved 

19 by the Secretary and to be accounted for solely on the Sec20 retary’s certificate, not to exceed $25,000; and notwith21 standing section 521 of Public Law 107–188; 

22 $3,230,218,000: Provided, That of the amount provided 

23 under this heading, $578,162,000 shall be derived from pre24 scription drug user fees authorized by 21 U.S.C. 379h shall 

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1 pended, and shall not include any fees pursuant to 21 

2 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2011 

3 but collected in fiscal year 2010; $57,014,000 shall be de4 rived from medical device user fees authorized by 21 U.S.C. 

5 379j, and shall be credited to this account and remain 

6 available until expended; $17,280,000 shall be derived from 

7 animal drug user fees authorized by 21 U.S.C. 379j, and 

8 shall be credited to this account and remain available until 

9 expended; $5,106,000 shall be derived from animal generic 

10 drug user fees authorized by 21 U.S.C. 379f, and shall be 

11 credited to this account and shall remain available until 

12 expended; and $235,000,000 shall be derived from tobacco 

13 product user fees authorized by the Family Smoking Pre14 vention and Tobacco Control Act (Public Law 111–31) and 

15 shall be credited to this account and remain available until 

16 expended: Provided further, That fees derived from prescrip17 tion drug, medical device, animal drug, animal generic 

18 drug, and tobacco product assessments for fiscal year 2010 

19 received during fiscal year 2010, including any such fees 

20 assessed prior to fiscal year 2010 but credited for fiscal year 

21 2010, shall be subject to the fiscal year 2010 limitations: 

22 Provided further, That none of these funds shall be used to 

23 develop, establish, or operate any program of user fees au24 thorized by 31 U.S.C. 9701: Provided further, That of the 

25 total amount appropriated: (1) $782,915,000 shall be for 


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1 the Center for Food Safety and Applied Nutrition and re2 lated field activities in the Office of Regulatory Affairs; (2) 

3 $873,104,000 shall be for the Center for Drug Evaluation 

4 and Research and related field activities in the Office of 

5 Regulatory Affairs, of which no less than $51,545,000 shall 

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

7 $305,249,000 shall be for the Center for Biologics Evalua8 tion and Research and for related field activities in the Of9 fice of Regulatory Affairs; (4) $155,540,000 shall be for the 

10 Center for Veterinary Medicine and for related field activi11 ties in the Office of Regulatory Affairs; (5) $349,262,000 

12 shall be for the Center for Devices and Radiological Health 

13 and for related field activities in the Office of Regulatory 

14 Affairs; (6) $58,745,000 shall be for the National Center for 

15 Toxicological Research; (7) $216,523,000 shall be for the 

16 Center for Tobacco Products and for related field activities 

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

18 $117,225,000 shall be for Rent and Related activities, of 

19 which $41,496,000 is for White Oak Consolidation, other 

20 than the amounts paid to the General Services Administra21 tion for rent; (9) not to exceed $171,526,000 shall be for 

22 payments to the General Services Administration for rent; 

23 and (10) $200,129,000 shall be for other activities, includ24 ing the Office of the Commissioner; the Office of Scientific 

25 and Medical Programs; the Office of Policy, Planning and 


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1 Preparedness; the Office of International and Special Pro2 grams; the Office of Operations; and central services for 

3 these offices: Provided further, That the Commissioner, 

4 through the Center for Food Safety and Applied Nutrition, 

5 may conduct a study and, not later than one year after 

6 the date of enactment of this Act, submit a report to Con7 gress on the psychological, physiological, and neurological 

8 similarities between addiction to certain types of food and 

9 addiction to classic drugs of abuse: Provided further, That 

10 funds may be transferred from one specified activity to an11 other with the prior notification of the Committees on Ap12 propriations of both Houses of Congress. 

13 In addition, mammography user fees authorized by 42 

14 U.S.C. 263b, export certification user fees authorized by 21 

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

16 U.S.C. 360n may be credited to this account, to remain 

17 available until expended. 

18 BUILDINGS AND FACILITIES

19 For plans, construction, repair, improvement, exten20 sion, alteration, and purchase of fixed equipment or facili21 ties of or used by the Food and Drug Administration, where 

22 not otherwise provided, $12,433,000, to remain available 

23 until expended. 


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1 INDEPENDENT AGENCY 

2 FARM CREDIT ADMINISTRATION

3 LIMITATION ON ADMINISTRATIVE EXPENSES

4 Not to exceed $54,500,000 (from assessments collected 

5 from farm credit institutions, including the Federal Agri6 cultural Mortgage Corporation) shall be obligated during 

7 the current fiscal year for administrative expenses as au8 thorized under 12 U.S.C. 2249: Provided, That this limita9 tion shall not apply to expenses associated with receiver10 ships. 

11 TITLE VII 

12 GENERAL PROVISIONS 

13 (INCLUDING RESCISSION)

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

15 appropriations and authorizations made for the Depart16 ment of Agriculture for the current fiscal year under this 

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

18 specifically provided for, of not to exceed 204 passenger 

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

20 and for the hire of such vehicles. 

21 SEC. 702. Section 10101 of division B of the Consoli22 dated Security, Disaster Assistance, and Continuing Ap23 propriations Act, 2009, (Public Law 110–329) is amended 

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

25 carrying out this section, the Secretary may transfer funds 


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1 into existing or new accounts as determined by the Sec2 retary.’’. 

3 SEC. 703. The Secretary of Agriculture may transfer 

4 unobligated balances of discretionary funds appropriated 

5 by this Act or other available unobligated discretionary bal6 ances of the Department of Agriculture to the Working Cap7 ital Fund for the acquisition of plant and capital equip8 ment necessary for the delivery of financial, administrative, 

9 and information technology services of primary benefit to 

10 the agencies of the Department of Agriculture: Provided, 

11 That none of the funds made available by this Act or any 

12 other Act shall be transferred to the Working Capital Fund 

13 without the prior notification of the agency administrator: 

14 Provided further, That none of the funds transferred to the 

15 Working Capital Fund pursuant to this section shall be 

16 available for obligation without the prior notification of the 

17 Committees on Appropriations of both Houses of Congress: 

18 Provided further, That none of the funds appropriated by 

19 this Act or made available to the Department’s Working 

20 Capital Fund shall be available for obligation or expendi21 ture to make any changes to the Department’s National Fi22 nance Center without prior approval of the Committees on 

23 Appropriations of both Houses of Congress as required by 

24 section 712 of this Act: Provided further, That of annual 

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1 partment of Agriculture allocated for the National Finance 

2 Center, the Secretary may reserve not more than 4 percent 

3 for the replacement or acquisition of capital equipment, in4 cluding equipment for the improvement and implementa5 tion of a financial management plan, information tech6 nology, and other systems of the National Finance Center 

7 or to pay any unforeseen, extraordinary cost of the National 

8 Finance Center: Provided further, That none of the amounts 

9 reserved shall be available for obligation unless the Sec10 retary submits notification of the obligation to the Commit11 tees on Appropriations of the House of Representatives and 

12 the Senate: Provided further, That the limitation on the ob13 ligation of funds pending notification to Congressional 

14 Committees shall not apply to any obligation that, as deter15 mined by the Secretary, is necessary to respond to a de16 clared state of emergency that significantly impacts the op17 erations of the National Finance Center; or to evacuate em18 ployees of the National Finance Center to a safe haven to 

19 continue operations of the National Finance Center. 

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

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

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

24 used to pay negotiated indirect cost rates on cooperative 

25 agreements or similar arrangements between the United 


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1 States Department of Agriculture and nonprofit institu2 tions in excess of 10 percent of the total direct cost of the 

3 agreement when the purpose of such cooperative arrange4 ments is to carry out programs of mutual interest between 

5 the two parties: Provided, That this does not preclude ap6 propriate payment of indirect costs on grants and contracts 

7 with such institutions when such indirect costs are com8 puted on a similar basis for all agencies for which appro9 priations are provided in this Act. 

10 SEC. 706. Appropriations to the Department of Agri11 culture for the cost of direct and guaranteed loans made 

12 available in the current fiscal year shall remain available 

13 until expended to disburse obligations made in the current 

14 fiscal year for the following accounts: the Rural Develop15 ment Loan Fund program account, the Rural Electrifica16 tion and Telecommunication Loans program account, and 

17 the Rural Housing Insurance Fund program account. 

18 SEC. 707. Of the funds made available by this Act, not 

19 more than $1,800,000 shall be used to cover necessary ex20 penses of activities related to all advisory committees, pan21 els, commissions, and task forces of the Department of Agri22 culture, except for panels used to comply with negotiated 

23 rule makings and panels used to evaluate competitively 

24 awarded grants. 


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

2 by this Act or any other Act may be used to carry out sec3 tion 410 of the Federal Meat Inspection Act (21 U.S.C. 

4 679a) or section 30 of the Poultry Products Inspection Act 

5 (21 U.S.C. 471). 

6 SEC. 709. No employee of the Department of Agri7 culture may be detailed or assigned from an agency or office 

8 funded by this Act or any other Act to any other agency 

9 or office of the Department for more than 30 days unless 

10 the individual’s employing agency or office is fully reim11 bursed by the receiving agency or office for the salary and 

12 expenses of the employee for the period of assignment. 

13 SEC. 710. None of the funds appropriated or otherwise 

14 made available to the Department of Agriculture or the 

15 Food and Drug Administration shall be used to transmit 

16 or otherwise make available to any non-Department of Ag17 riculture or non-Department of Health and Human Serv18 ices employee questions or responses to questions that are 

19 a result of information requested for the appropriations 

20 hearing process. 

21 SEC. 711. None of the funds made available to the De22 partment of Agriculture by this Act may be used to acquire 

23 new information technology systems or significant up24 grades, as determined by the Office of the Chief Information 

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1 cer and the concurrence of the Executive Information Tech2 nology Investment Review Board: Provided, That notwith3 standing any other provision of law, none of the funds ap4 propriated or otherwise made available by this Act may be 

5 transferred to the Office of the Chief Information Officer 

6 unless prior notification has been transmitted to the Com7 mittees on Appropriations of both Houses of Congress: Pro8 vided further, That none of the funds available to the De9 partment of Agriculture for information technology shall be 

10 obligated for projects over $25,000 prior to receipt of writ11 ten approval by the Chief Information Officer. 

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

13 or provided by previous Appropriations Acts to the agencies 

14 funded by this Act that remain available for obligation or 

15 expenditure in the current fiscal year, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by this 

18 Act, shall be available for obligation or expenditure through 

19 a reprogramming of funds which— 

20 (1) creates new programs; 

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

22 (3) increases funds or personnel by any means 

23 for any project or activity for which funds have been 

24 denied or restricted; 

25 (4) relocates an office or employees; 


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

2 (6) contracts out or privatizes any functions or 

3 activities presently performed by Federal employees; 

4 unless the Committees on Appropriations of both 

5 Houses of Congress are notified 15 days in advance 

6 of such reprogramming of funds. 

7 (b) None of the funds provided by this Act, or provided 

8 by previous Appropriations Acts to the agencies funded by 

9 this Act that remain available for obligation or expenditure 

10 in the current fiscal year, or provided from any accounts 

11 in the Treasury of the United States derived by the collec12 tion of fees available to the agencies funded by this Act, 

13 shall be available for obligation or expenditure for activi14 ties, programs, or projects through a reprogramming of 

15 funds in excess of $500,000 or 10 percent, which-ever is less, 

16 that: (1) augments existing programs, projects, or activities; 

17 (2) reduces by 10 percent funding for any existing program, 

18 project, or activity, or numbers of personnel by 10 percent 

19 as approved by Congress; or (3) results from any general 

20 savings from a reduction in personnel which would result 

21 in a change in existing programs, activities, or projects as 

22 approved by Congress; unless the Committees on Appropria23 tions of both Houses of Congress are notified 15 days in 

24 advance of such reprogramming of funds. 


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

2 Health and Human Services shall notify the Committees 

3 on Appropriations of both Houses of Congress before imple4 menting a program or activity not carried out during the 

5 previous fiscal year unless the program or activity is funded 

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

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

8 any other Act shall be used to pay the salaries and expenses 

9 of personnel who prepare or submit appropriations lan10 guage as part of the President’s Budget submission to the 

11 Congress of the United States for programs under the juris12 diction of the Appropriations Subcommittees on Agri13 culture, Rural Development, Food and Drug Administra14 tion, and Related Agencies that assumes revenues or reflects 

15 a reduction from the previous year due to user fees pro16 posals that have not been enacted into law prior to the sub17 mission of the Budget unless such Budget submission identi18 fies which additional spending reductions should occur in 

19 the event the user fees proposals are not enacted prior to 

20 the date of the convening of a committee of conference for 

21 the fiscal year 2011 appropriations Act. 

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

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

24 Development office unless or until the Secretary of Agri25 culture determines the cost effectiveness and/or enhancement 


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1 of program delivery: Provided, That not later than 120 days 

2 before the date of the proposed closure or relocation, the Sec3 retary notifies the Committees on Appropriation of the 

4 House and Senate, and the members of Congress from the 

5 State in which the office is located of the proposed closure 

6 or relocation and provides a report that describes the jus7 tifications for such closures and relocations. 

8 SEC. 715. None of the funds made available to the Food 

9 and Drug Administration by this Act shall be used to close 

10 or relocate, or to plan to close or relocate, the Food and 

11 Drug Administration Division of Pharmaceutical Analysis 

12 in St. Louis, Missouri, outside the city or county limits 

13 of St. Louis, Missouri. 

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

15 any authorized Rural Development program purpose, in 

16 communities suffering from extreme outmigration and situ17 ated in areas that were designated as part of an Empower18 ment Zone pursuant to section 111 of the Community Re19 newal Tax Relief Act of 2000 (as contained in appendix 

20 G of Public Law 106–554). 

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

22 year 2010 or preceding fiscal years for programs authorized 

23 under the Food for Peace Act (7 U.S.C. 1691 et seq.) in 

24 excess of $20,000,000 shall be used to reimburse the Com25 modity Credit Corporation for the release of eligible comVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 modities under section 302(f)(2)(A) of the Bill Emerson 

2 Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, 

3 That any such funds made available to reimburse the Com4 modity Credit Corporation shall only be used pursuant to 

5 section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian 

6 Trust Act. 

7 SEC. 718. There is hereby appropriated $3,497,000, to 

8 remain available until expended, for a grant to the Na9 tional Center for Natural Products Research for construc10 tion or renovation to carry out the research objectives of 

11 the natural products research grant issued by the Food and 

12 Drug Administration. 

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

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

15 section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 

16 1524(b)) in the current fiscal year shall remain available 

17 until expended to disburse obligations made in the current 

18 fiscal year. 

19 SEC. 720. None of the funds appropriated or otherwise 

20 made available by this or any other Act shall be used to 

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

22 following: 

23 (1) An Environmental Quality Incentives Pro24 gram as authorized by sections 1241–240H of the 


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

2 3839aa–3839aa(8)), in excess of $1,180,000,000. 

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

4 the Watershed Protection and Flood Prevention Act 

5 (16 U.S.C. 1012(h)(1). 

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

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

8 $1,123,000,000: Provided, That none of the funds 

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

10 used for salaries and expenses to carry out section 

11 19(i)(1)(C) of the Richard B. Russell National School 

12 Lunch Act as amended by section 4304 of Public Law 

13 110–246 in excess of $25,000,000 until October 1, 

14 2010: Provided further, That the unobligated balances 

15 under section 32 of the Act of August 24, 1935, 

16 $52,000,000 are hereby rescinded. 

17 SEC. 721. Hereafter, notwithstanding any other provi18 sion of law, any former RUS borrower that has repaid or 

19 prepaid an insured, direct or guaranteed loan under the 

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

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

22 Act, shall be eligible for assistance under section 

23 313(b)(2)(B) of such Act in the same manner as a borrower 

24 under such Act. 


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

2 remain available until expended, for the planning and de3 sign of construction of an agricultural pest facility in the 

4 State of Hawaii. 

5 SEC. 723. There is hereby appropriated $4,000,000 to 

6 the Secretary of Agriculture to award grant(s) to develop 

7 and field test new food products designed to improve the 

8 nutritional delivery of humanitarian food assistance pro9 vided through the McGovern-Dole (section 3107 of the Farm 

10 Security and Rural Investment Act of 2002 (7 U.S.C. 

11 1736o–1)) and the Food for Peace title II (7 U.S.C. 1691 

12 et seq.) programs: Provided, That the Secretary shall use 

13 the authorities provided under the Research, Education, 

14 and Economics mission area of the Department in award15 ing such grant(s), with priority given to proposals that 

16 demonstrate partnering with and in-kind support from the 

17 private sector. 

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

19 Service, and Rural Business and Cooperative Service shall 

20 permit an applicant to solicit and procure professional 

21 services and have prepared all environmental reviews, as22 sessments, and impact statements: Provided, That such pro23 fessional services will be funded by the applicants and se24 lected by the agencies from procurement schedules of con25 tractors determined qualified to perform said services: ProVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 vided further, That the Agencies shall establish the scope 

2 of work and procedures for such services as well as proce3 dures to assure contractors have no financial or other con4 flicts of interest in the outcome of the action and the docu5 mentation meets the needs of the Agencies: Provided further, 

6 That nothing herein shall affect the responsibility of the 

7 Agencies to comply with the National Environmental Pol8 icy Act. 

9 SEC. 725. Notwithstanding any other provision of law, 

10 and until receipt of the decennial Census for the year 2010, 

11 the Secretary of Agriculture shall consider— 

12 (1) The unincorporated community of Los Osos, 

13 in the County of San Luis Obispo, California, to be 

14 a rural area for the purposes of eligibility for Rural 

15 Utilities Service water and waste disposal loans and 

16 grants; and 

17 (2) The unincorporated community of 

18 Thermalito in Butte County, California, (including 

19 individuals and entities with projects within the com20 munity) eligible for loans and grants funded under 

21 the housing programs of the Rural Housing Service. 

22 SEC. 726. There is hereby appropriated $3,000,000 for 

23 section 4404 of Public Law 107–171. 

24 SEC. 727. Notwithstanding any other provision of law, 

25 there is hereby appropriated: 


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

2 a grant to the Wisconsin Department of Agriculture, 

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

4 shall be for a grant to the Vermont Agency of Agri5 culture, Foods, and Markets, as authorized by section 

6 6402 of the Farm Security and Rural Investment Act 

7 of 2002 (7 U.S.C. 1621 note); and 

8 (2) $350,000 for a grant to the Wisconsin De9 partment of Agriculture, Trade and Consumer Protec10 tion. 

11 SEC. 728. Notwithstanding any other provision of law, 

12 the Natural Resources Conservation Service shall provide 

13 financial and technical assistance— 

14 (1) through the Watershed and Flood Prevention 

15 Operations program for the Pocasset River Flood16 plain Management Project in the State of Rhode Is17 land; 

18 (2) through the Watershed and Flood Prevention 

19 Operations program to carry out the East Locust 

20 Creek Watershed Plan Revision in Missouri, includ21 ing up to 100 percent of the engineering assistance 

22 and 75 percent cost share for construction cost of site 

23 RW1; 

24 (3) through the Watershed and Flood Prevention 

25 Operations program to carry out the Little Otter 


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1 Creek Watershed project in Missouri. The sponsoring 

2 local organization may obtain land rights by per3 petual easements; 

4 (4) through the Watershed and Flood Prevention 

5 Operations program to carry out the DuPage County 

6 Watershed project in the State of Illinois; 

7 (5) through the Watershed and Flood Prevention 

8 Operations program to carry out the Dunloup Creek 

9 Watershed Project in Fayette and Raleigh Counties, 

10 West Virginia; 

11 (6) through the Watershed and Flood Prevention 

12 Operations program to carry out the Dry Creek Wa13 tershed project in the State of California; and 

14 (7) through the Watershed and Flood Prevention 

15 Operations program to carry out the Upper Clark 

16 Fork Watershed project in the State of Montana. 

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

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

19 amended— 

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

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

22 and 

23 (3) by inserting ‘‘Wisconsin,’’ after the first in24 stance of ‘‘States shall be’’. 


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1 SEC. 730. Notwithstanding any other provision of law, 

2 for the purposes of a grant under section 412 of the Agricul3 tural Research, Extension, and Education Reform Act of 

4 1998, none of the funds in this or any other Act may be 

5 used to prohibit the provision of in-kind support from non6 Federal sources under section 412(e)(3) in the form of unre7 covered indirect costs not otherwise charged against the 

8 grant, consistent with the indirect rate of cost approved for 

9 a recipient. 

10 SEC. 731. Except as otherwise specifically provided by 

11 law, unobligated balances remaining available at the end 

12 of the fiscal year from appropriations made available for 

13 salaries and expenses in this Act for the Farm Service Agen14 cy and the Rural Development mission area, shall remain 

15 available through September 30, 2011, for information tech16 nology expenses. 

17 SEC. 732. (a) CHILD NUTRITION PROGRAMS.—Section 

18 9(b) of the Richard B. Russell National School Lunch Act 

19 (42 U.S.C. 1758(b)) is amended by adding at the end the 

20 following: 

21 ‘‘(14) COMBAT PAY.— 

22 ‘‘(A) DEFINITION OF COMBAT PAY.—In this 

23 paragraph, the term ‘combat pay’ means any ad24 ditional payment under chapter 5 of title 37, 

25 United States Code, or otherwise designated by 


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1 the Secretary to be appropriate for exclusion 

2 under this paragraph, that is received by or from 

3 a member of the United States Armed Forces de4 ployed to a designated combat zone, if the addi5 tional pay— 

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

7 service in a combat zone; and 

8 ‘‘(ii) was not received immediately 

9 prior to serving in a combat zone. 

10 ‘‘(B) EXCLUSION.—Combat pay shall not be 

11 considered to be income for the purpose of deter12 mining the eligibility for free or reduced price 

13 meals of a child who is a member of the house14 hold of a member of the United States Armed 

15 Forces.’’. 

16 (b) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

17 FOR WOMEN, INFANTS, AND CHILDREN.—Section 17(d)(2) 

18 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)) 

19 is amended— 

20 (1) by redesignating subparagraph (C) as sub21 paragraph (D); and 

22 (2) by inserting after subparagraph (B) the fol23 lowing: 

24 ‘‘(C) COMBAT PAY.—For the purpose of de25 termining income eligibility under this section, a 


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1 State agency shall exclude from income any ad2 ditional payment under chapter 5 of title 37, 

3 United States Code, or otherwise designated by 

4 the Secretary to be appropriate for exclusion 

5 under this subparagraph, that is received by or 

6 from a member of the United States Armed 

7 Forces deployed to a designated combat zone, if 

8 the additional pay— 

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

10 service in a combat zone; and 

11 ‘‘(ii) was not received immediately 

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

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

14 Insurance Act (7 U.S.C. 1531(g)(7)(F)) is amended— 

15 (1) in the matter preceding clause (i), by insert16 ing ‘‘(including multiyear assistance)’’ after ‘‘assist17 ance’’; and 

18 (2) in clause (i), by inserting ‘‘or multiyear pro19 duction losses’’ after ‘‘a production loss’’. 

20 (b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 

21 U.S.C. 2497(g)(7)(F)) is amended— 

22 (1) in the matter preceding clause (i), by insert23 ing ‘‘(including multiyear assistance)’’ after ‘‘assist24 ance’’; and 


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1 (2) in clause (i), by inserting ‘‘or multiyear pro2 duction losses’’ after ‘‘a production loss’’. 

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

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

5 more than $15,000,000 of funds provided in this Act may 

6 be used for the purpose of evaluating program performance 

7 in the Special Supplemental Nutrition Program for 

8 Women, Infants and Children. 

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

10 Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)(A)), 

11 $154,000,000 of funds provided in this Act shall be used 

12 for infrastructure, management information systems and 

13 breastfeeding peer counseling support: Provided, That of the 

14 $154,000,000, not less than $14,000,000 shall be used for 

15 infrastructure, not less than $60,000,000 shall be used for 

16 management information systems, and not less than 

17 $80,000,000 shall be used for breastfeeding peer counselors 

18 and other related activities. 

19 SEC. 736. Agencies with jurisdiction for carrying out 

20 international food assistance programs under the jurisdic21 tion of this Act, including title II of the Food for Peace 

22 Act and the McGovern-Dole International Food for Edu23 cation Program, shall— 


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1 (1) provide to the Committees on Appropriations 

2 of the House and the Senate no later than March 1, 

3 2010, the following: 

4 (A) estimates on cost-savings and pro5 grammatic efficiencies that would result from in6 creased use of pre-positioning of food aid com7 modities and processes to ensure such cargoes are 

8 appropriately maintained to prevent spoilage; 

9 (B) estimates on cost-savings and pro10 grammatic efficiencies that would result from the 

11 use of longer-term commodity procurement con12 tracts, the proportional distribution of com13 modity purchases throughout the fiscal year, 

14 longer-term shipping contracts, contracts which 

15 include shared-risk principles, and adoptions of 

16 other commercially acceptable contracting prac17 tices; 

18 (C) estimates on costs of domestic procure19 ment of commodities, domestic inland transpor20 tation of food aid commodities, domestic storage 

21 (including loading and unloading), foreign stor22 age (including loading and unloading), foreign 

23 inland transportation, and ocean freight (includ24 ing ocean freight as adjusted by the ocean freight 

25 differential reimbursement provided by the SecVerDate Nov 24 2008 23:32 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H2997.PP H2997

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1 retary of Transportation), and costs relating to 

2 allocation and distribution of commodities in re3 cipient countries; 

4 (D) information on the frequency of delays 

5 in transporting food aid commodities, the cause 

6 or purpose of any delays (including how those 

7 delays are tracked, monitored and resolved), 

8 missed schedules by carriers and non-carriers 

9 (and resulting program costs due to such delays, 

10 including impacts to program beneficiaries); 

11 (E) information on the methodologies to im12 prove interagency coordination between host gov13 ernments, the World Food Program, and non14 governmental organization to develop more con15 sistent estimates of food aid needs and the num16 ber of intended recipients to appropriately in17 form the purchases of commodities and in order 

18 to appropriately plan for commodity procure19 ment for food aid programs; 

20 (2) provide the matter described under subsection 

21 (1) of this section in the form of a consensus report 

22 under the signatures of the Secretaries of Agriculture, 

23 State, and Transportation; and 


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1 (3) estimates and cost savings analysis for this 

2 section shall be derived from periods representative of 

3 normal program operations. 

4 SEC. 737. There is hereby appropriated $7,000,000 to 

5 carry out section 4202 of Public Law 110–246. 

6 SEC. 738. There is hereby appropriated $2,600,000 to 

7 carry out section 1621 of Public Law 110–246. 

8 SEC. 739. There is hereby appropriated $4,000,000 to 

9 carry out section 1613 of Public Law 110–246. 

10 SEC. 740. There is hereby appropriated $250,000, to 

11 remain available until expended, for a grant to the Kansas 

12 Farm Bureau Foundation for work-force development ini13 tiatives to address out-migration in rural areas. 

14 SEC. 741. There is hereby appropriated $800,000 to 

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

16 demonstrate the use of new technologies that increase the 

17 rate of growth of re-forested hardwood trees on private non18 industrial forests lands, enrolling lands on the coast of the 

19 Gulf of Mexico that were damaged by Hurricane Katrina 

20 in 2005. 

21 SEC. 742. Applicants with very low, low, and moderate 

22 incomes shall be eligible for the program established in sec23 tion 791 of Public Law 109–97. 

24 SEC. 743. The Secretary of Agriculture may authorize 

25 a State agency to use funds provided in this Act to exceed 


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1 the maximum amount of reconstituted infant formula speci2 fied in 7 C.F.R. 246.10 when issuing infant formula to par3 ticipants. Such authorizations shall not otherwise impact 

4 the eligibility of manufacturers to remain eligible under the 

5 Special Supplemental Nutrition Program for Women, In6 fants and Children authorized by section 17 of the Child 

7 Nutrition Act of 1966. 

8 SEC. 744. None of the funds made available by this 

9 Act may be used to establish or implement a rule allowing 

10 poultry products to be imported into the United States from 

11 the People’s Republic of China unless the Secretary of Agri12 culture formally commits in advance to conduct audits of 

13 inspection systems, on-site reviews of slaughter and proc14 essing facilities, laboratories and other control operations 

15 before any Chinese facilities are certified as eligible to ship 

16 fully cooked poultry products to the United States, and at 

17 least once annually in subsequent years: Provided, That the 

18 Secretary commits in advance to implement a significantly 

19 increased level of port of entry re-inspection: Provided fur20 ther, That the Secretary commits in advance to conduct in21 formation sharing with other countries importing poultry 

22 products from China that have conducted audits and plant 

23 inspections: Provided further, That this section shall be ap24 plied in a manner consistent with United States obligations 

25 under international trade agreements. 


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1 SEC. 745. (a) The Commissioner of Food and Drugs 

2 may establish within the Food and Drug Administration 

3 a review group which shall recommend to the Commissioner 

4 of Food and Drugs appropriate preclinical, trial design, 

5 and regulatory paradigms and optimal solutions for the 

6 prevention, diagnosis, and treatment of rare diseases: Pro7 vided, That the Commissioner of Food and Drugs shall ap8 point 8 individuals employed by the Food and Drug Ad9 ministration to serve on the review group: Provided further, 

10 That members of the review group shall have specific exper11 tise relating to the development of articles for use in the 

12 prevention, diagnosis, or treatment of rare diseases, includ13 ing specific expertise in developing or carrying out clinical 

14 trials. 

15 (b) The Commissioner of Food and Drugs may estab16 lish within the Food and Drug Administration a review 

17 group which shall recommend to the Commissioner of Food 

18 and Drugs appropriate preclinical, trial design, and regu19 latory paradigms and optimal solutions for the prevention, 

20 diagnosis, and treatment of neglected diseases of the devel21 oping world: Provided, That the Commissioner of Food and 

22 Drugs shall appoint 8 individuals employed by the Food 

23 and Drug Administration to serve on the review group: Pro24 vided further, That members of the review group shall have 

25 specific expertise relating to the development of articles for 


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1 use in the prevention, diagnosis, or treatment of neglected 

2 diseases of the developing world, including specific expertise 

3 in developing or carrying out clinical trials: Provided fur4 ther, That for the purposes of this section the term ‘‘ne5 glected disease of the developing world’’ means a tropical 

6 disease, as defined in section 524(a)(3) of the Federal Food, 

7 Drug, and Cosmetic Act (21 U.S.C. 360n(a)(3)). 

8 (c) The Commissioner of Food and Drugs shall— 

9 (1) submit, not later than 1 year after the date 

10 of the establishment of review groups under sub11 sections (a) and (b), a report to Congress that de12 scribes both the findings and recommendations made 

13 by the review groups under subsections (a) and (b); 

14 (2) issue, not later than 180 days after submis15 sion of the report to Congress under paragraph (1), 

16 guidance based on such recommendations for articles 

17 for use in the prevention, diagnosis, and treatment of 

18 rare diseases and for such uses in neglected diseases 

19 of the developing world; and 

20 (3) develop, not later than 180 days after sub21 mission of the report to Congress under paragraph 

22 (1), internal review standards based on such rec23 ommendations for articles for use in the prevention, 

24 diagnosis, and treatment of rare diseases and for such 

25 uses in neglected diseases of the developing world. 


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1 SEC. 746. Not later than 60 days after the date of en2 actment of this Act, the Administrator of the Foreign Agri3 cultural Service shall submit to Congress a report that de4 scribes the status of the reorganization of the Foreign Agri5 cultural Service and any future plans of the Administrator 

6 to modify office structures to meet existing, emerging, and 

7 new priorities. 

8 SEC. 747. None of the funds made available by this 

9 Act may be used to pay the salaries and expenses of any 

10 employee of the Department of Agriculture to assess any 

11 agency any greenbook charge or to use any funds acquired 

12 through an assessment of greenbook charges made prior to 

13 the date of enactment of this Act. 

14 SEC. 748. The Commissioner of Food and Drugs, in 

15 consultation with the Administrator of the National Oce16 anic and Atmospheric Administration, shall conduct a 

17 study and, not later than 240 days after the date of enact18 ment of this Act, submit a report to Congress on the tech19 nical challenges associated with inspecting imported sea20 food. The study and report shall— 

21 (1) provide information on the status of seafood 

22 importation, including— 

23 (A) the volume of seafood imported into the 

24 United States annually, by product and country 

25 of origin; 


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1 (B) the number of physical inspections of 

2 imported seafood products conducted annually, 

3 by product and country of origin; and 

4 (C) a listing of the United States ports of 

5 entry for seafood imports by volume; 

6 (2) provide information on imported seafood 

7 products, by product and country of origin, that do 

8 not meet standards as set forth in the applicable food 

9 importation law, including the reason for which each 

10 such product does not meet such standards; 

11 (3) identify the fish, crayfish, shellfish, and other 

12 sea species most susceptible to violations of the appli13 cable food importation law; 

14 (4) identify the aquaculture and mariculture 

15 practices that are of greatest concern to human 

16 health; and 

17 (5) suggest methods for improving import inspec18 tion policies and procedures to protect consumers in 

19 the United States. 

20 SEC. 749. (a) IN GENERAL.—Not later than 1 year 

21 after the date of the enactment of this Act, the Comptroller 

22 General of the United States, shall report to the Committees 

23 on Appropriations of the House of Representatives and of 

24 the Senate on developing the tourism potential of rural com25 munities. 


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1 (b) CONTENT OF THE REPORT.—The report required 

2 by subsection (a) shall— 

3 (1) identify existing Federal programs that pro4 vide assistance to rural small businesses in developing 

5 tourism marketing and promotion plans relating to 

6 tourism in rural areas; 

7 (2) identify existing Federal programs that as8 sist rural small business concerns in obtaining cap9 ital for starting or expanding businesses primarily 

10 serving tourists; and 

11 (3) include recommendations, if any, for improv12 ing existing programs or creating new Federal pro13 grams that may benefit tourism in rural commu14 nities. 

15 SEC. 750. Notwithstanding any other provision of law 

16 and until the receipt of the decennial census in the year 

17 2010, the Secretary of Agriculture may fund community 

18 facility and water and waste disposal projects of commu19 nities and municipal districts and areas in Connecticut, 

20 Massachusetts, and Rhode Island that filed applications for 

21 the projects with the appropriate rural development field 

22 office of the Department of Agriculture prior to August 1, 

23 2009, and were determined by the field office to be eligible 

24 for funding. 

25 SEC. 751. (a) The Senate finds that— 


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1 (1) sudden loss in late 2008 of export-market 

2 based demand equivalent to about 3 percent of domes3 tic milk production has thrown the U.S. dairy indus4 try into a critical supply-demand imbalance; 

5 (2) an abrupt decline in U.S. exports was fueled 

6 by the onset of the global economic crisis combined 

7 with resurgence of milk supplies in Oceania; 

8 (3) the U.S. average all-milk price reported by 

9 the National Agriculture Statistics Service from Jan10 uary through May of 2009, has averaged $4.80 per 

11 hundredweight below the cost of production; 

12 (4) approximately $3,900,000,000 in dairy pro13 ducer equity has been lost since January; 

14 (5) anecdotal evidence suggests that U.S. dairy 

15 producers are losing upwards of $100 per cow per 

16 month; 

17 (6) the Food, Conservation, and Energy Act of 

18 2008 extended the counter-cyclical Milk Income Loss 

19 Contract (MILC) support program and instituted a 

20 ‘feed cost adjuster’ to augment that support; 

21 (7) the Secretary of Agriculture in March trans22 ferred approximately 200,000,000 pounds of nonfat 

23 dry milk to USDA’s Food and Nutrition Service in 

24 a move designed to remove inventory from the market 

25 and support low-income families; 


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1 (8) the Secretary on March 22nd reactivated 

2 USDA’s Dairy Export Incentive Program (DEIP) to 

3 help U.S. producers meet prevailing world prices and 

4 develop international markets; 

5 (9) the Secretary announced on July 31, 2009 a 

6 temporary increase in the amount paid for dairy 

7 products through the Dairy Product Price Support 

8 Program (DPPSP), an adjustment that is projected 

9 to increase dairy farmers’ revenue by $243,000,000; 

10 and 

11 (10) U.S. dairy producers face unprecedented 

12 challenges that threaten the stability of the industry, 

13 the nation’s milk production infrastructure, and thou14 sands of rural communities. 

15 (b) The Senate states that the Secretary of Agriculture 

16 and the President’s Office of Management and Budget 

17 should continue to closely monitor the U.S. dairy sector and 

18 use all available discretionary authority to ensure its long19 term health and sustainability. 

20 SEC. 752. (a) The Commissioner of Food and Drugs, 

21 in consultation with the Secretary of Agriculture, may con22 duct a study on the labeling of personal care products regu23 lated by the Food and Drug Administration for which or24 ganic content claims are made. Any such study shall in25 clude— 


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1 (1) a survey of personal care products for which 

2 the word ‘‘organic’’ appears on the label; and 

3 (2) a determination, based on statistical sam4 pling of the products identified under paragraph (1), 

5 of the accuracy of such claims. 

6 (b) If the Commissioner of Food and Drugs conducts 

7 a study described in subsection (a), such Commissioner 

8 shall— 

9 (1) not later than 270 days after the date of en10 actment of this Act, submit to the Committees on Ag11 riculture, Nutrition, and Forestry, Appropriations, 

12 and Health, Education, Labor, and Pensions in the 

13 Senate and the Committees on Agriculture, Appro14 priations, and Energy and Commerce in the House of 

15 Representatives a report on the findings of the study 

16 under subsection (a); and 

17 (2) provide such Committees with any rec18 ommendations on the need to establish labeling stand19 ards for personal care products for which organic con20 tent claims are made, including whether the Food and 

21 Drug Administration should have pre-market ap22 proval authority for personal care product labeling. 

23 SEC. 753. (a) The Senate finds that— 

24 (1) agriculture is a national security concern; 


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1 (2) the United States suffers from periodic disas2 ters which affects the food and fiber supply of the 

3 United States; 

4 (3) the Food, Conservation, and Energy Act of 

5 2008 (7 U.S.C. 8701 et seq.) established 5 permanent 

6 disaster programs to deliver timely and immediate 

7 assistance to agricultural producers recovering from 

8 losses; 

9 (4) as of the date of enactment of this Act, of 

10 those 5 disaster programs— 

11 (A) none are available, finalized, and im12 plemented to deliver urgently needed assistance 

13 for 2009 producer losses; and 

14 (B) only 1 is being implemented for 2008 

15 losses; 

16 (5) according to the Drought Monitor, the State 

17 of Texas is suffering from extreme and exceptional 

18 drought conditions, the highest level of severity; and 

19 (6) the Secretary of Agriculture has previously 

20 authorized various forms of disaster assistance by 

21 providing funding under section 32 of the Act of Au22 gust 24, 1935 (7 U.S.C. 612c), and through the Com23 modity Credit Corporation. 

24 (b) It is the sense of the Senate that the Secretary of 

25 Agriculture should use all of the discretionary authority 


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1 available to the Secretary to make available immediate re2 lief and assistance for agricultural producers suffering 

3 losses as a result of the 2009 droughts. 

4 SEC. 754. (a) The Senate finds that— 

5 (1) with livestock producers facing losses from 

6 harsh weather in 2008 and continuing to face disas7 ters in 2009, Congress wanted to assist livestock pro8 ducers in recovering losses more quickly and effi9 ciently than previous ad hoc disaster assistance pro10 grams; 

11 (2) on June 18, 2008, Congress established the 

12 livestock indemnity program under section 531(c) of 

13 the Federal Crop Insurance Act (7 U.S.C. 1531(c)) 

14 and section 901(c) of the Trade Act of 1974 (19 

15 U.S.C. 2497(c)) as a permanent disaster assistance 

16 program to provide livestock producers with payments 

17 of 75 percent of the fair market value for livestock 

18 losses as a result of adverse weather such as floods, 

19 blizzards, and extreme heat; 

20 (3) on July 13, 2009, the Secretary of Agri21 culture promulgated rules for the livestock indemnity 

22 program that separated non adult beef animals into 

23 weight ranges of ‘‘less than 400 pounds’’ and ‘‘400 

24 pounds and more’’; and 


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1 (4) the ‘‘400 pounds and more’’ range would fall 

2 well short of covering 75 percent market value pay3 ment for livestock in these higher ranges that are close 

4 to market weight. 

5 (b) It is the sense of the Senate that the Secretary of 

6 Agriculture— 

7 (1) should strive to establish a methodology to 

8 calculate more specific payments to offset the cost of 

9 loss for each animal as was intended by Congress for 

10 calendar years 2008 through 2011; and 

11 (2) should work with groups representing affected 

12 livestock producers to come up with this more precise 

13 methodology. 

14 This Act may be cited as the ‘‘Agriculture, Rural De15 velopment, Food and Drug Administration, and Related 

16 Agencies Appropriations Act, 2010’’. 

Passed the House of Representatives July 9, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate August 4, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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