IB 

Union Calendar No. 98 

111TH CONGRESS 

1ST SESSION H. R. 2997 

[Report No. 111–181] 

Making appropriations for Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies programs for the fiscal year ending 

September 30, 2010, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2009 

Ms. DELAURO, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies 

programs for the fiscal year ending September 30, 2010, 

and for other purposes. 


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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: 

9 TITLE I 

10 AGRICULTURAL PROGRAMS 

11 PRODUCTION, PROCESSING AND MARKETING

12 OFFICE OF THE SECRETARY

13 For necessary expenses of the Office of the Secretary 

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

15 $11,000 of this amount shall be available for official recep16 tion and representation expenses, not otherwise provided 

17 for, as determined by the Secretary. 

18 OFFICE OF TRIBAL RELATIONS

19 For necessary expenses of the Office of Tribal Rela20 tions, $1,000,000, to support communication and con21 sultation activities with Federally Recognized Tribes, as 

22 well as other requirements established by law. 


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1 EXECUTIVE OPERATIONS

2 OFFICE OF THE CHIEF ECONOMIST

3 For necessary expenses of the Office of the Chief 

4 Economist, $13,032,000. 

5 NATIONAL APPEALS DIVISION

6 For necessary expenses of the National Appeals Divi7 sion, $15,289,000. 

8 OFFICE OF BUDGET AND PROGRAM ANALYSIS

9 For necessary expenses of the Office of Budget and 

10 Program Analysis, $9,436,000. 

11 OFFICE OF HOMELAND SECURITY

12 For necessary expenses of the Office of Homeland Se13 curity, $2,494,000. 

14 OFFICE OF ADVOCACY AND OUTREACH

15 For necessary expenses of the Office of Advocacy and 

16 Outreach, $3,000,000. 

17 OFFICE OF THE CHIEF INFORMATION OFFICER

18 For necessary expenses of the Office of the Chief In19 formation Officer, $61,579,000. 

20 OFFICE OF THE CHIEF FINANCIAL OFFICER

21 For necessary expenses of the Office of the Chief Fi22 nancial Officer, $6,466,000: Provided, That no funds 

23 made available by this appropriation may be obligated for 

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

25 has submitted to the Committees on Appropriations of 

26 both Houses of Congress and the Committee on Oversight 


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1 and Government Reform of the House of Representatives 

2 a report on the Department’s contracting out policies, in3 cluding agency budgets for contracting out. 

4 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

5 RIGHTS

6 For necessary expenses of the Office of the Assistant 

7 Secretary for Civil Rights, $888,000. 

8 OFFICE OF CIVIL RIGHTS

9 For necessary expenses of the Office of Civil Rights, 

10 $23,922,000. 

11 OFFICE OF THE ASSISTANT SECRETARY FOR

12 ADMINISTRATION

13 For necessary expenses of the Office of the Assistant 

14 Secretary for Administration, $700,000. 

15 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

16 PAYMENTS

17 (INCLUDING TRANSFERS OF FUNDS)

18 For payment of space rental and related costs pursu19 ant to Public Law 92–313, including authorities pursuant 

20 to the 1984 delegation of authority from the Adminis21 trator of General Services to the Department of Agri22 culture under 40 U.S.C. 486, for programs and activities 

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

24 alterations and other actions needed for the Department 

25 and its agencies to consolidate unneeded space into conVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 figurations suitable for release to the Administrator of 

2 General Services, and for the operation, maintenance, im3 provement, and repair of Agriculture buildings and facili4 ties, and for related costs, $326,982,000, to remain avail5 able until expended, of which $224,401,000 shall be avail6 able for payments to the General Services Administration 

7 for rent; of which $13,500,000 for payment to the Depart8 ment of Homeland Security for building security activities; 

9 and of which $89,081,000 for buildings operations and 

10 maintenance expenses: Provided, That the Secretary can 

11 use up to $69,000,000 of these funds to cover shortfalls 

12 incurred in prior year rental payments: Provided further, 

13 That the Secretary is authorized to transfer funds from 

14 a Departmental agency to this account to recover the full 

15 cost of the space and security expenses of that agency that 

16 are funded by this account when the actual costs exceed 

17 the agency estimate which will be available for the activi18 ties and payments described herein. 

19 HAZARDOUS MATERIALS MANAGEMENT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the Department of Agri22 culture, to comply with the Comprehensive Environmental 

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

24 9601 et seq.) and the Resource Conservation and Recovery 

25 Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain availVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 able until expended: Provided, That appropriations and 

2 funds available herein to the Department for Hazardous 

3 Materials Management may be transferred to any agency 

4 of the Department for its use in meeting all requirements 

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

6 lands. 

7 DEPARTMENTAL ADMINISTRATION

8 (INCLUDING TRANSFERS OF FUNDS)

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

10 provide for necessary expenses for management support 

11 services to offices of the Department and for general ad12 ministration, security, repairs and alterations, and other 

13 miscellaneous supplies and expenses not otherwise pro14 vided for and necessary for the practical and efficient work 

15 of the Department: Provided, That this appropriation shall 

16 be reimbursed from applicable appropriations in this Act 

17 for travel expenses incident to the holding of hearings as 

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

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

20 and reconstruction activities to be carried out under the 

21 authority provided by title XIV of the Food and Agri22 culture Act of 1977 (7 U.S.C. 3101 et seq.) and other 

23 applicable laws. 


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1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 CONGRESSIONAL RELATIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Office of the Assistant 

5 Secretary for Congressional Relations to carry out the pro6 grams funded by this Act, including programs involving 

7 intergovernmental affairs and liaison within the executive 

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

9 transferred to agencies of the Department of Agriculture 

10 funded by this Act to maintain personnel at the agency 

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

12 this appropriation may be obligated after 30 days from 

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

14 has notified the Committees on Appropriations of both 

15 Houses of Congress on the allocation of these funds by 

16 USDA agency: Provided further, That no other funds ap17 propriated to the Department by this Act shall be available 

18 to the Department for support of activities of congres19 sional relations. 

20 OFFICE OF COMMUNICATIONS

21 For necessary expenses of the Office of Communica22 tions, $9,722,000. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General, including employment pursuant to the Inspector 


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1 General Act of 1978, $88,781,000, including such sums 

2 as may be necessary for contracting and other arrange3 ments with public agencies and private persons pursuant 

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

5 and including not to exceed $125,000 for certain confiden6 tial operational expenses, including the payment of inform7 ants, to be expended under the direction of the Inspector 

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

9 of Public Law 97–98. 

10 OFFICE OF THE GENERAL COUNSEL

11 For necessary expenses of the Office of the General 

12 Counsel, $43,601,000. 

13 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

14 EDUCATION AND ECONOMICS

15 For necessary expenses of the Office of the Under 

16 Secretary for Research, Education and Economics, 

17 $620,000. 

18 ECONOMIC RESEARCH SERVICE

19 For necessary expenses of the Economic Research 

20 Service, $82,478,000. 

21 NATIONAL AGRICULTURAL STATISTICS SERVICE

22 For necessary expenses of the National Agricultural 

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

24 $37,908,000 shall be available until expended for the Cen25 sus of Agriculture. 


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1 AGRICULTURAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Agricultural Research 

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

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

6 for land exchanges where the lands exchanged shall be of 

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

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

9 total value of the land or interests transferred out of Fed10 eral ownership, $1,155,568,000: Provided, That appro11 priations hereunder shall be available for the operation 

12 and maintenance of aircraft and the purchase of not to 

13 exceed one for replacement only: Provided further, That 

14 appropriations hereunder shall be available pursuant to 7 

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

16 of buildings and improvements, but unless otherwise pro17 vided, the cost of constructing any one building shall not 

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

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

20 10 buildings to be constructed or improved at a cost not 

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

22 building during the fiscal year shall not exceed 10 percent 

23 of the current replacement value of the building or 

24 $375,000, whichever is greater: Provided further, That the 

25 limitations on alterations contained in this Act shall not 


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1 apply to modernization or replacement of existing facilities 

2 at Beltsville, Maryland: Provided further, That appropria3 tions hereunder shall be available for granting easements 

4 at the Beltsville Agricultural Research Center: Provided 

5 further, That the foregoing limitations shall not apply to 

6 replacement of buildings needed to carry out the Act of 

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

8 funds may be received from any State, other political sub9 division, organization, or individual for the purpose of es10 tablishing or operating any research facility or research 

11 project of the Agricultural Research Service, as authorized 

12 by law. 

13 BUILDINGS AND FACILITIES

14 For acquisition of land, construction, repair, improve15 ment, extension, alteration, and purchase of fixed equip16 ment or facilities as necessary to carry out the agricultural 

17 research programs of the Department of Agriculture, 

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

19 available until expended. 

20 NATIONAL INSTITUTE OF FOOD AND 

21 AGRICULTURE 

22 RESEARCH AND EDUCATION ACTIVITIES

23 For payments to agricultural experiment stations, for 

24 cooperative forestry and other research, for facilities, and 

25 for other expenses, $708,004,000, as follows: to carry out 

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


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1 i), $215,000,000; for grants for cooperative forestry re2 search (16 U.S.C. 582a through a–7), $28,000,000; for 

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

4 $48,000,000, provided that each institution receives no 

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

6 450i(c)), $70,676,000; for competitive grants on improved 

7 pest control (7 U.S.C. 450i(c)), $15,945,000; for competi8 tive grants (7 U.S.C. 450(i)(b)), $210,000,000, to remain 

9 available until expended; for the support of animal health 

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

11 the 1994 research grants program for 1994 institutions 

12 pursuant to section 536 of Public Law 103–382 (7 U.S.C. 

13 301 note), $1,610,000, to remain available until expended; 

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

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

16 3152(b)(6)), $3,859,000, to remain available until ex17 pended (7 U.S.C. 2209b); for a program pursuant to sec18 tion 1415A of the National Agricultural Research, Exten19 sion, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 

20 $4,000,000, to remain available until expended; for higher 

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

22 $5,654,000; for a higher education multicultural scholars 

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

24 available until expended (7 U.S.C. 2209b); for an edu25 cation grants program for Hispanic-serving Institutions 


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1 (under 7 U.S.C. 3241), $10,000,000; for competitive 

2 grants for the purpose of carrying out all provisions of 

3 7 U.S.C. 3156 to individual eligible institutions or con4 sortia of eligible institutions in Alaska and in Hawaii, with 

5 funds awarded equally to each of the States of Alaska and 

6 Hawaii, $3,196,000; for a secondary agriculture education 

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

8 3152(j)), $983,000; for aquaculture grants (7 U.S.C. 

9 3322), $3,928,000; for sustainable agriculture research 

10 and education (7 U.S.C. 5811), $14,399,000; for a pro11 gram of capacity building grants (7 U.S.C. 3152(b)(4)) 

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

13 3221 and 3222, $20,000,000, to remain available until ex14 pended (7 U.S.C. 2209b); for payments to the 1994 Insti15 tutions pursuant to section 534(a)(1) of Public Law 103– 

16 382, $3,342,000; for resident instruction grants for insu17 lar areas under section 1491 of the National Agricultural 

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

19 U.S.C. 3363), $1,000,000; for distance education grants 

20 for insular areas under section 1490 of the National Agri21 cultural Research, Extension, and Teaching Policy Act of 

22 1977 (7 U.S.C. 3362), $1,000,000; for competitive grants 

23 for the purpose of carrying out section 7526 of the Food, 

24 Conservation, and Energy Act of 2008 to eligible institu25 tions, $3,000,000; for a new era rural technology program 


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1 pursuant to section 1473E of the National Agricultural 

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

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

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

5 $2,704,000 for the Research, Education, and Economics 

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

7 Grants Information System, are to remain available until 

8 expended. 

9 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

10 For the Native American Institutions Endowment 

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

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

13 EXTENSION ACTIVITIES

14 For payments to States, the District of Columbia, 

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

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

17 as follows: payments for cooperative extension work under 

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

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

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

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

22 extension work at the 1994 Institutions under the Smith23 Lever Act (7 U.S.C. 343(b)(3)), $4,321,000; payments for 

24 the nutrition and family education program for low-income 

25 areas under section 3(d) of the Act, $68,000,000; pay26 ments for the pest management program under section 


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1 3(d) of the Act, $9,791,000; payments for the farm safety 

2 program under section 3(d) of the Act, $4,863,000; pay3 ments for New Technologies for Ag Extension under sec4 tion 3(d) of the Act, $1,500,000; payments to upgrade re5 search, extension, and teaching facilities at institutions eli6 gible to receive funds under 7 U.S.C. 3221 and 3222, 

7 $21,000,000, to remain available until expended; pay8 ments for youth-at-risk programs under section 3(d) of the 

9 Smith-Lever Act, $8,396,000; for youth farm safety edu10 cation and certification extension grants, to be awarded 

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

12 payments for carrying out the provisions of the Renewable 

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

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

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

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

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

18 $4,568,000; payments for cooperative extension work by 

19 eligible institutions (7 U.S.C. 3221), $44,000,000, pro20 vided that each institution receives no less than 

21 $1,000,000; for grants to youth organizations pursuant to 

22 7 U.S.C. 7630, $1,800,000; payments to carry out the 

23 food animal residue avoidance database program as au24 thorized by 7 U.S.C. 7642, $806,000; and for necessary 

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


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1 INTEGRATED ACTIVITIES

2 For the integrated research, education, and extension 

3 grants programs, including necessary administrative ex4 penses, $60,022,000, as follows: for competitive grants 

5 programs authorized under section 406 of the Agricultural 

6 Research, Extension, and Education Reform Act of 1998 

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

8 the water quality program, $14,596,000 for the food safe9 ty program, $4,096,000 for the regional pest management 

10 centers program, $4,388,000 for the Food Quality Protec11 tion Act risk mitigation program for major food crop sys12 tems, $1,365,000 for the crops affected by Food Quality 

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

14 bromide transition program, and $5,000,000 for the or15 ganic transition program; for a competitive international 

16 science and education grants program authorized under 

17 section 1459A of the National Agricultural Research, Ex18 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

19 3292b), to remain available until expended, $3,000,000; 

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

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

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

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

24 centers program; and $9,830,000 for the Food and Agri25 culture Defense Initiative authorized under section 1484 


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1 of the National Agricultural Research, Extension, and 

2 Teaching Policy Act of 1977, to remain available until 

3 September 30, 2011. 

4 OFFICE OF THE UNDER SECRETARY FOR MARKETING

5 AND REGULATORY PROGRAMS

6 For necessary expenses of the Office of the Under 

7 Secretary for Marketing and Regulatory Programs, 

8 $753,000. 

9 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Animal and Plant 

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

14 representation allowances and for expenses pursuant to 

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

16 $881,019,000, of which $2,058,000 shall be available for 

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

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

19 extent necessary to meet emergency conditions; of which 

20 $23,390,000 shall be used for the cotton pests program 

21 for cost share purposes or for debt retirement for active 

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

23 prevent and control avian influenza and shall remain avail24 able until expended: Provided, That funds provided for the 

25 contingency fund to meet emergency conditions, informa26 tion technology infrastructure, fruit fly program, emerging 


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1 plant pests, cotton pests program, grasshopper and mor2 mon cricket program, the plum pox program, the National 

3 Veterinary Stockpile, up to $1,500,000 in the scrapie pro4 gram for indemnities, up to $1,000,000 for wildlife serv5 ices methods development, up to $1,000,000 of the wildlife 

6 services operations program for aviation safety, and up to 

7 25 percent of the screwworm program shall remain avail8 able until expended: Provided further, That no funds shall 

9 be used to formulate or administer a brucellosis eradi10 cation program for the current fiscal year that does not 

11 require minimum matching by the States of at least 40 

12 percent: Provided further, That this appropriation shall be 

13 available for the operation and maintenance of aircraft 

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

15 be for replacement only: Provided further, That, in addi16 tion, in emergencies which threaten any segment of the 

17 agricultural production industry of this country, the Sec18 retary may transfer from other appropriations or funds 

19 available to the agencies or corporations of the Depart20 ment such sums as may be deemed necessary, to be avail21 able only in such emergencies for the arrest and eradi22 cation of contagious or infectious disease or pests of ani23 mals, poultry, or plants, and for expenses in accordance 

24 with sections 10411 and 10417 of the Animal Health Pro25 tection Act (7 U.S.C. 8310 and 8316) and sections 431 


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

2 7772), and any unexpended balances of funds transferred 

3 for such emergency purposes in the preceding fiscal year 

4 shall be merged with such transferred amounts: Provided 

5 further, That appropriations hereunder shall be available 

6 pursuant to law (7 U.S.C. 2250) for the repair and alter7 ation of leased buildings and improvements, but unless 

8 otherwise provided the cost of altering any one building 

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

10 current replacement value of the building. 

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

12 fees to cover the total costs of providing technical assist13 ance, goods, or services requested by States, other political 

14 subdivisions, domestic and international organizations, 

15 foreign governments, or individuals, provided that such 

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

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

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

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

20 until expended, without further appropriation, for pro21 viding such assistance, goods, or services. 

22 BUILDINGS AND FACILITIES

23 For plans, construction, repair, preventive mainte24 nance, environmental support, improvement, extension, al25 teration, and purchase of fixed equipment or facilities, as 

26 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. 

12 Fees may be collected for the cost of standardization 

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

14 U.S.C. 9701). 

15 LIMITATION ON ADMINISTRATIVE EXPENSES

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

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

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

20 exceed this limitation by up to 10 percent with notification 

21 to the Committees on Appropriations of both Houses of 

22 Congress. 


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1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

2 SUPPLY (SECTION 32)

3 (INCLUDING TRANSFERS OF FUNDS)

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

7 related operating expenses, including not less than 

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

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

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

14 orders pursuant to the Agricultural Marketing Agreement 

15 Act of 1937 and the Agricultural Act of 1961. 

16 PAYMENTS TO STATES AND POSSESSIONS

17 For payments to departments of agriculture, bureaus 

18 and departments of markets, and similar agencies for 

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

21 $1,334,000. 

22 GRAIN INSPECTION, PACKERS AND STOCKYARDS

23 ADMINISTRATION

24 SALARIES AND EXPENSES

25 For necessary expenses of the Grain Inspection, 

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


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1 Provided, That this appropriation shall be available pursu2 ant to law (7 U.S.C. 2250) for the alteration and repair 

3 of buildings and improvements, but the cost of altering 

4 any one building during the fiscal year shall not exceed 

5 10 percent of the current replacement value of the build6 ing. 

7 LIMITATION ON INSPECTION AND WEIGHING SERVICES

8 EXPENSES

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

10 be obligated during the current fiscal year for inspection 

11 and weighing services: Provided, That if grain export ac12 tivities require additional supervision and oversight, or 

13 other uncontrollable factors occur, this limitation may be 

14 exceeded by up to 10 percent with notification to the Com15 mittees on Appropriations of both Houses of Congress. 

16 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

17 For necessary expenses of the Office of the Under 

18 Secretary for Food Safety, $622,000. 

19 FOOD SAFETY AND INSPECTION SERVICE

20 For necessary expenses to carry out services author21 ized by the Federal Meat Inspection Act, the Poultry 

22 Products Inspection Act, and the Egg Products Inspection 

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

24 allowances and for expenses pursuant to section 8 of the 

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

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1 ited to this account from fees collected for the cost of lab2 oratory accreditation as authorized by section 1327 of the 

3 Food, Agriculture, Conservation and Trade Act of 1990 

4 (7 U.S.C. 138f): Provided, That no fewer than 120 full5 time equivalent positions shall be employed during fiscal 

6 year 2010 for purposes dedicated solely to inspections and 

7 enforcement related to the Humane Methods of Slaughter 

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

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

10 the Humane Animal Tracking System as part of the Pub11 lic Health Data Communication Infrastructure System: 

12 Provided further, That this appropriation shall be available 

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

14 repair of buildings and improvements, but the cost of al15 tering any one building during the fiscal year shall not 

16 exceed 10 percent of the current replacement value of the 

17 building. 

18 OFFICE OF THE UNDER SECRETARY FOR FARM AND

19 FOREIGN AGRICULTURAL SERVICES

20 For necessary expenses of the Office of the Under 

21 Secretary for Farm and Foreign Agricultural Services, 

22 $662,000. 


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1 FARM SERVICE AGENCY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Farm Service Agency, 

5 $1,253,777,000: Provided, That the Secretary is author6 ized to use the services, facilities, and authorities (but not 

7 the funds) of the Commodity Credit Corporation to make 

8 program payments for all programs administered by the 

9 Agency: Provided further, That other funds made available 

10 to the Agency for authorized activities may be advanced 

11 to and merged with this account. 

12 STATE MEDIATION GRANTS

13 For grants pursuant to section 502(b) of the Agricul14 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

15 5106), $4,000,000. 

16 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

17 For necessary expenses to carry out wellhead or 

18 groundwater protection activities under section 1240O of 

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

20 $5,000,000, to remain available until expended. 

21 DAIRY INDEMNITY PROGRAM

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses involved in making indemnity 

24 payments to dairy farmers and manufacturers of dairy 

25 products under a dairy indemnity program, such sums as 

26 may be necessary, to remain available until expended: ProVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 vided, That such program is carried out by the Secretary 

2 in the same manner as the dairy indemnity program de3 scribed in the Agriculture, Rural Development, Food and 

4 Drug Administration, and Related Agencies Appropria5 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

6 12). 

7 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

8 ACCOUNT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For gross obligations for the principal amount of di11 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

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

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

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

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

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

17 from funds in the Agricultural Credit Insurance Fund, as 

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

19 $1,500,000,000 shall be for unsubsidized guaranteed 

20 loans and $392,990,000 shall be for direct loans; oper21 ating loans, $1,994,467,000, of which $1,150,000,000 

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

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

24 shall be for direct loans; Indian tribe land acquisition 

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

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


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1 $75,000,000 shall be for direct loans; Indian highly 

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

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

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

5 weevil for the purpose of boll weevil eradication program 

6 loans. 

7 For the cost of direct and guaranteed loans, including 

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

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

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

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

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

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

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

15 loans, and $33,180,000 shall be for direct loans; conserva16 tion loans, $1,343,000, of which $278,000 shall be for 

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

18 loans; and Indian highly fractionated land loans, 

19 $793,000. 

20 In addition, for administrative expenses necessary to 

21 carry out the direct and guaranteed loan programs, 

22 $326,093,000, of which $318,173,000 shall be transferred 

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

24 Agency, Salaries and Expenses’’. 


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1 Funds appropriated by this Act to the Agricultural 

2 Credit Insurance Program Account for farm ownership, 

3 operating and conservation direct loans and guaranteed 

4 loans may be transferred among these programs: Pro5 vided, That the Committees on Appropriations of both 

6 Houses of Congress are notified at least 15 days in ad7 vance of any transfer. 

8 RISK MANAGEMENT AGENCY

9 For necessary expenses of the Risk Management 

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

11 available under section 522(e) of the Federal Crop Insur12 ance Act (7 U.S.C. 1522(e)) may be used for the Common 

13 Information Management System: Provided further, That 

14 not to exceed $1,000 shall be available for official recep15 tion and representation expenses, as authorized by 7 

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

17 CORPORATIONS 

18 The following corporations and agencies are hereby 

19 authorized to make expenditures, within the limits of 

20 funds and borrowing authority available to each such cor21 poration or agency and in accord with law, and to make 

22 contracts and commitments without regard to fiscal year 

23 limitations as provided by section 104 of the Government 

24 Corporation Control Act as may be necessary in carrying 

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


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1 fiscal year for such corporation or agency, except as here2 inafter provided. 

3 FEDERAL CROP INSURANCE CORPORATION FUND

4 For payments as authorized by section 516 of the 

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

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

7 COMMODITY CREDIT CORPORATION FUND

8 REIMBURSEMENT FOR NET REALIZED LOSSES

9 (INCLUDING TRANSFERS OF FUNDS)

10 For the current fiscal year, such sums as may be nec11 essary to reimburse the Commodity Credit Corporation for 

12 net realized losses sustained, but not previously reim13 bursed, pursuant to section 2 of the Act of August 17, 

14 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

15 available to the Commodity Credit Corporation under sec16 tion 11 of the Commodity Credit Corporation Charter Act 

17 (15 U.S.C. 714i) for the conduct of its business with the 

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

19 transferred to and used by the Foreign Agricultural Serv20 ice for information resource management activities of the 

21 Foreign Agricultural Service that are not related to Com22 modity Credit Corporation business. 

23 HAZARDOUS WASTE MANAGEMENT

24 (LIMITATION ON EXPENSES)

25 For the current fiscal year, the Commodity Credit 

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


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1 site investigation and cleanup expenses, and operations 

2 and maintenance expenses to comply with the requirement 

3 of section 107(g) of the Comprehensive Environmental 

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

5 9607(g)), and section 6001 of the Resource Conservation 

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

7 TITLE II 

8 CONSERVATION PROGRAMS 

9 OFFICE OF THE UNDER SECRETARY FOR NATURAL

10 RESOURCES AND ENVIRONMENT

11 For necessary expenses of the Office of the Under 

12 Secretary for Natural Resources and Environment, 

13 $774,000. 

14 NATURAL RESOURCES CONSERVATION SERVICE

15 CONSERVATION OPERATIONS

16 For necessary expenses for carrying out the provi17 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

18 including preparation of conservation plans and establish19 ment of measures to conserve soil and water (including 

20 farm irrigation and land drainage and such special meas21 ures for soil and water management as may be necessary 

22 to prevent floods and the siltation of reservoirs and to con23 trol agricultural related pollutants); operation of conserva24 tion plant materials centers; classification and mapping of 

25 soil; dissemination of information; acquisition of lands, 


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

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

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

4 3, 1956 (7 U.S.C. 428a); purchase and erection or alter5 ation or improvement of permanent and temporary build6 ings; and operation and maintenance of aircraft, 

7 $869,397,000, to remain available until September 30, 

8 2011: Provided, That appropriations hereunder shall be 

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

10 improvement of buildings and public improvements at 

11 plant materials centers, except that the cost of alterations 

12 and improvements to other buildings and other public im13 provements shall not exceed $250,000: Provided further, 

14 That when buildings or other structures are erected on 

15 non-Federal land, that the right to use such land is ob16 tained as provided in 7 U.S.C. 2250a. 

17 WATERSHED AND FLOOD PREVENTION OPERATIONS

18 For necessary expenses to carry out preventive meas19 ures, including but not limited to research, engineering op20 erations, methods of cultivation, the growing of vegetation, 

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

22 in accordance with the Watershed Protection and Flood 

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

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

25 590a–f), and in accordance with the provisions of laws re26 lating to the activities of the Department, $20,000,000, 


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

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

3 for technical assistance. 

4 WATERSHED REHABILITATION PROGRAM

5 For necessary expenses to carry out rehabilitation of 

6 structural measures, in accordance with section 14 of the 

7 Watershed Protection and Flood Prevention Act (16 

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

9 laws relating to the activities of the Department, 

10 $40,161,000, to remain available until expended. 

11 RESOURCE CONSERVATION AND DEVELOPMENT

12 For necessary expenses in planning and carrying out 

13 projects for resource conservation and development and 

14 for sound land use pursuant to the provisions of sections 

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

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

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

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

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

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


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1 TITLE III 

2 RURAL DEVELOPMENT PROGRAMS 

3 OFFICE OF THE UNDER SECRETARY FOR RURAL

4 DEVELOPMENT

5 For necessary expenses of the Office of the Under 

6 Secretary for Rural Development, $660,000. 

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

15 provision of law, funds appropriated under this section 

16 may be used for advertising and promotional activities 

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

21 available from prior years for the Rural Utilities Service, 

22 Rural Housing Service, and the Rural Business-Coopera23 tive Service salaries and expenses accounts shall be trans24 ferred to and merged 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 

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

8 for loans to section 502 borrowers, of which 

9 $1,121,488,000 shall be for direct loans, and of which 

10 $6,204,444,000 shall be for unsubsidized guaranteed 

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

12 $80,000,000 for section 515 rental housing; $129,090,000 

13 for section 538 guaranteed multi-family housing loans; 

14 $5,045,000 for section 524 site loans; $11,448,000 for 

15 credit sales of acquired property, of which up to 

16 $1,448,000 may be for multi-family credit sales; and 

17 $4,970,000 for section 523 self-help housing land develop18 ment loans. 

19 For the cost of direct and guaranteed loans, including 

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

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

22 502 loans, $130,334,000, of which $40,710,000 shall be 

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

24 available until expended, shall be for unsubsidized guaran25 teed loans; section 504 housing repair loans, $4,422,000; 

26 repair, rehabilitation, and new construction of section 515 


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

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

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

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

5 be available through June 30, 2010, for authorized em6 powerment zones and enterprise communities and commu7 nities designated by the Secretary of Agriculture as Rural 

8 Economic Area Partnership Zones: Provided further, That 

9 section 538 multi-family housing guaranteed loans funded 

10 pursuant to this paragraph shall not be subject to a guar11 antee fee and the interest on such loans may not be sub12 sidized: Provided further, That any balances for a dem13 onstration program for the preservation and revitalization 

14 of the section 515 multi-family rental housing properties 

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

16 5 shall be transferred to and merged with the ‘‘Rural 

17 Housing Service, Multi-family Housing Revitalization Pro18 gram Account’’. 

19 In addition, for administrative expenses necessary to 

20 carry out the direct and guaranteed loan programs, 

21 $468,593,000 shall be transferred to and merged with the 

22 appropriation for ‘‘Rural Development, Salaries and Ex23 penses’’. 

24 RENTAL ASSISTANCE PROGRAM

25 For rental assistance agreements entered into or re26 newed pursuant to the authority under section 521(a)(2) 


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1 or agreements entered into in lieu of debt forgiveness or 

2 payments for eligible households as authorized by section 

3 502(c)(5)(D) of the Housing Act of 1949, $980,000,000; 

4 and, in addition, such sums as may be necessary, as au5 thorized by section 521(c) of the Act, to liquidate debt 

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

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

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

9 available for debt forgiveness or payments for eligible 

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

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

12 to nonprofit organizations or public agencies to cover di13 rect costs (other than purchase price) incurred in pur14 chasing projects pursuant to section 502(c)(5)(C) of the 

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

16 $2,030,000 is available for newly constructed units fi17 nanced by section 515 of the Housing Act of 1949, and 

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

19 financed under sections 514 and 516 of the Housing Act 

20 of 1949: Provided further, That rental assistance agree21 ments entered into or renewed during the current fiscal 

22 year shall be funded for a one-year period: Provided fur23 ther, That any unexpended balances remaining at the end 

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

25 for the purposes of any debt reduction; maintenance, reVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 pair, or rehabilitation of any existing projects; preserva2 tion; and rental assistance activities authorized under title 

3 V of the Act: Provided further, That rental assistance pro4 vided under agreements entered into prior to fiscal year 

5 2010 for a farm labor multi-family housing project fi6 nanced under section 514 or 516 of the Act may not be 

7 recaptured for use in another project until such assistance 

8 has remained unused for a period of 12 consecutive 

9 months, if such project has a waiting list of tenants seek10 ing such assistance or the project has rental assistance 

11 eligible tenants who are not receiving such assistance: Pro12 vided further, That such recaptured rental assistance shall, 

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

14 multi-family housing project financed under section 514 

15 or 516 of the Act. 

16 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

17 ACCOUNT

18 For the rural housing voucher program as authorized 

19 under section 542 of the Housing Act of 1949, but not20 withstanding subsection (b) of such section, for the cost 

21 to conduct a housing demonstration program to provide 

22 revolving loans for the preservation of low-income multi23 family housing projects, and for additional costs to con24 duct a demonstration program for the preservation and 

25 revitalization of multi-family rental housing properties de26 scribed in this paragraph, $31,756,000, to remain availVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 able until expended: Provided, That of the funds made 

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

3 for rural housing vouchers to any low-income household 

4 (including those not receiving rental assistance) residing 

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

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

7 That the amount of such voucher shall be the difference 

8 between comparable market rent for the section 515 unit 

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

10 That funds made available for such vouchers shall be sub11 ject to the availability of annual appropriations: Provided 

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

13 practicable, administer such vouchers with current regula14 tions and administrative guidance applicable to section 8 

15 housing vouchers administered by the Secretary of the De16 partment of Housing and Urban Development: Provided 

17 further, That if the Secretary determines that the amount 

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

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

20 for the demonstration programs for the preservation and 

21 revitalization of multi-family rental housing properties de22 scribed in this paragraph: Provided further, That of the 

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

24 be available for the cost of loans to private nonprofit orga25 nizations, or such nonprofit organizations’ affiliate loan 


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1 funds and State and local housing finance agencies, to 

2 carry out a housing demonstration program to provide re3 volving loans for the preservation of low-income multi-fam4 ily housing projects: Provided further, That loans under 

5 such demonstration program shall have an interest rate 

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

7 Provided further, That the Secretary may defer the inter8 est and principal payment to the Rural Housing Service 

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

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

11 available under this heading, $25,000,000 shall be avail12 able for a demonstration program for the preservation and 

13 revitalization of the section 514, 515, and 516 multi-fam14 ily rental housing properties to restructure existing USDA 

15 multi-family housing loans, as the Secretary deems appro16 priate, expressly for the purposes of ensuring the project 

17 has sufficient resources to preserve the project for the pur18 pose of providing safe and affordable housing for low-in19 come residents and farm laborers including reducing or 

20 eliminating interest; deferring loan payments, subordi21 nating, reducing or reamortizing loan debt; and other fi22 nancial assistance including advances, payments and in23 centives (including the ability of owners to obtain reason24 able returns on investment) required by the Secretary: 

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


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1 preservation and revitalization agreement obtain a restric2 tive use agreement consistent with the terms of the re3 structuring: Provided further, That if the Secretary deter4 mines that additional funds for vouchers described in this 

5 paragraph are needed, funds for the preservation and revi6 talization demonstration program may be used for such 

7 vouchers: Provided further, That if Congress enacts legis8 lation to permanently authorize a section 515 multi-family 

9 rental housing loan restructuring program similar to the 

10 demonstration program described herein, the Secretary 

11 may use funds made available for the demonstration pro12 gram under this heading to carry out such legislation with 

13 the prior approval of the Committees on Appropriations 

14 of both Houses of Congress. 

15 MUTUAL AND SELF-HELP HOUSING GRANTS

16 For grants and contracts pursuant to section 

17 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

18 1490c), $45,000,000, to remain available until expended: 

19 Provided, That of the total amount appropriated, 

20 $1,000,000 shall be available through June 30, 2010, for 

21 authorized empowerment zones and enterprise commu22 nities and communities designated by the Secretary of Ag23 riculture as Rural Economic Area Partnership Zones. 


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1 RURAL HOUSING ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants and contracts for very low-income housing 

4 repair, supervisory and technical assistance, compensation 

5 for construction defects, and rural housing preservation 

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

7 U.S.C. 1474, 1479(c), 1490e, and 1490m, $45,500,000, 

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

9 shall be for grants authorized by section 14204 of the 

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

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

12 be available through June 30, 2010, for authorized em13 powerment zones and enterprise communities and commu14 nities designated by the Secretary of Agriculture as Rural 

15 Economic Area Partnership Zones: Provided further, That 

16 any balances to carry out a housing demonstration pro17 gram to provide revolving loans for the preservation of 

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

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

20 transferred to and merged with the ‘‘Rural Housing Serv21 ice, Multi-family Housing Revitalization Program Ac22 count’’. 

23 FARM LABOR PROGRAM ACCOUNT

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

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

26 to remain available until expended, for direct farm labor 


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1 housing loans and domestic farm labor housing grants and 

2 contracts. 

3 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

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

6 grants for rural community facilities programs as author7 ized by section 306 and described in section 381E(d)(1) 

8 of the Consolidated Farm and Rural Development Act, 

9 $51,091,000, to remain available until expended: Pro10 vided, That $6,256,000 of the amount appropriated under 

11 this heading shall be available for a Rural Community De12 velopment Initiative: Provided further, That such funds 

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

14 private, nonprofit community-based housing and commu15 nity development organizations, low-income rural commu16 nities, and Federally Recognized Native American Tribes 

17 to undertake projects to improve housing, community fa18 cilities, community and economic development projects in 

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

20 made available to qualified private, nonprofit and public 

21 intermediary organizations proposing to carry out a pro22 gram of financial and technical assistance: Provided fur23 ther, That such intermediary organizations shall provide 

24 matching funds from other sources, including Federal 

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


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

2 amount appropriated under this heading shall be to pro3 vide grants for facilities in rural communities with extreme 

4 unemployment and severe economic depression (Public 

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

6 and capacity building in the State rural development of7 fices: Provided further, That $3,972,000 of the amount ap8 propriated under this heading shall be available for com9 munity facilities grants to tribal colleges, as authorized by 

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

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

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

13 authorized empowerment zones and enterprise commu14 nities and communities designated by the Secretary of Ag15 riculture as Rural Economic Area Partnership Zones for 

16 the rural community programs described in section 

17 381E(d)(1) of the Consolidated Farm and Rural Develop18 ment Act: Provided further, That sections 381E–H and 

19 381N of the Consolidated Farm and Rural Development 

20 Act are not applicable to the funds made available under 

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

22 the Rural Development, Rural Community Advancement 

23 Program account for programs authorized by section 306 

24 and described in section 381E(d)(1) of such Act be trans25 ferred and merged with this account and any other prior 


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1 balances from the Rural Development, Rural Community 

2 Advancement Program account that the Secretary deter3 mines is appropriate to transfer. 

4 RURAL BUSINESS—COOPERATIVE SERVICE

5 RURAL BUSINESS PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

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

8 rural business development programs authorized by sec9 tions 306 and 310B and described in sections 310B(f) and 

10 381E(d)(3) of the Consolidated Farm and Rural Develop11 ment Act, $97,116,000, to remain available until ex12 pended: Provided, That of the amount appropriated under 

13 this heading, not to exceed $500,000 shall be made avail14 able for a grant to a qualified national organization to pro15 vide technical assistance for rural transportation in order 

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

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

18 et seq.) for any Rural Community Advancement Program 

19 purpose as described in section 381E(d) of the Consoli20 dated Farm and Rural Development Act, of which not 

21 more than 5 percent may be used for administrative ex22 penses: Provided further, That $4,000,000 of the amount 

23 appropriated under this heading shall be for business 

24 grants to benefit Federally Recognized Native American 

25 Tribes, including $250,000 for a grant to a qualified na26 tional organization to provide technical assistance for 


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1 rural transportation in order to promote economic develop2 ment: Provided further, That not to exceed $8,300,000 of 

3 the amount appropriated under this heading shall be avail4 able through June 30, 2010, for authorized empowerment 

5 zones and enterprise communities and communities des6 ignated by the Secretary of Agriculture as Rural Economic 

7 Area Partnership Zones for the rural business and cooper8 ative development programs described in section 

9 381E(d)(3) of the Consolidated Farm and Rural Develop10 ment Act: Provided further, That sections 381E–H and 

11 381N of the Consolidated Farm and Rural Development 

12 Act are not applicable to funds made available under this 

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

14 Rural Development, Rural Community Advancement Pro15 gram account for programs authorized by sections 306 

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

17 381E(d)(3) of such Act be transferred and merged with 

18 this account and any other prior balances from the Rural 

19 Development, Rural Community Advancement Program 

20 account that the Secretary determines is appropriate to 

21 transfer. 

22 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For the principal amount of direct loans, as author25 ized by the Rural Development Loan Fund (42 U.S.C. 

26 9812(a)), $33,536,000. 


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1 For the cost of direct loans, $8,464,000, as author2 ized by the Rural Development Loan Fund (42 U.S.C. 

3 9812(a)), of which $1,035,000 shall be available through 

4 June 30, 2010, for Federally Recognized Native American 

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

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

7 determined in accordance with Public Law 100–460): Pro8 vided, That such costs, including the cost of modifying 

9 such loans, shall be as defined in section 502 of the Con10 gressional Budget Act of 1974: Provided further, That of 

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

12 through June 30, 2010, for the cost of direct loans for 

13 authorized empowerment zones and enterprise commu14 nities and communities designated by the Secretary of Ag15 riculture as Rural Economic Area Partnership Zones. 

16 In addition, for administrative expenses to carry out 

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

18 to and merged with the appropriation for ‘‘Rural Develop19 ment, Salaries and Expenses’’. 

20 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

21 ACCOUNT

22 (INCLUDING RESCISSION OF FUNDS)

23 For the principal amount of direct loans, as author24 ized under section 313 of the Rural Electrification Act, 


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1 for the purpose of promoting rural economic development 

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

3 Of the funds derived from interest on the cushion of 

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

5 Electrification Act of 1936, $43,000,000 shall not be obli6 gated and $43,000,000 are rescinded. 

7 RURAL COOPERATIVE DEVELOPMENT GRANTS

8 For rural cooperative development grants authorized 

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

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

11 which $300,000 shall be for a cooperative research agree12 ment with a qualified academic institution to conduct re13 search on the national economic impact of all types of co14 operatives; and of which $2,582,000 shall be for coopera15 tive agreements for the appropriate technology transfer 

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

17 $3,463,000 shall be for cooperatives or associations of co18 operatives whose primary focus is to provide assistance to 

19 small, socially disadvantaged producers and whose gov20 erning board and/or membership is comprised of at least 

21 75 percent socially disadvantaged members; and of which 

22 $18,867,000, to remain available until expended, shall be 

23 for value-added agricultural product market development 

24 grants, as authorized by section 231 of the Agricultural 

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


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1 RURAL ENERGY FOR AMERICA PROGRAM

2 For the cost of a program of loan guarantees and 

3 grants, under the same terms and conditions as authorized 

4 by section 9007 of the Farm Security and Rural Invest5 ment Act of 2002 (7 U.S.C. 8107), $20,000,000: Pro6 vided, That the cost of loan guarantees, including the cost 

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

8 of the Congressional Budget Act of 1974. 

9 RURAL UTILITIES SERVICE

10 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

11 (INCLUDING TRANSFERS OF FUNDS)

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

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

14 and solid waste management programs authorized by sec15 tions 306, 306A, 306C, 306D, and 310B and described 

16 in sections 306C(a)(2), 306D, and 381E(d)(2) of the Con17 solidated Farm and Rural Development Act, 

18 $546,230,000, to remain available until expended, of 

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

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

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

22 be available for the rural utilities program described in 

23 section 306E of such Act: Provided, That $41,085,000 of 

24 the amount appropriated under this heading shall be for 

25 loans and grants including water and waste disposal sys26 tems grants authorized by 306C(a)(2)(B) of the ConsoliVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 dated Farm and Rural Development Act and for Federally 

2 recognized Native American Tribes authorized by 

3 306C(a)(1): Provided further, That not to exceed 

4 $19,500,000 of the amount appropriated under this head5 ing shall be for technical assistance grants for rural water 

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

7 Act, unless the Secretary makes a determination of ex8 treme need, of which $6,000,000 shall be made available 

9 for a grant to a qualified nonprofit multi-state regional 

10 technical assistance organization, with experience in work11 ing with small communities on water and waste water 

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

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

14 in improving the planning, financing, development, oper15 ation, and management of water and waste water systems, 

16 and of which not less than $800,000 shall be for a quali17 fied national Native American organization to provide 

18 technical assistance for rural water systems for tribal com19 munities: Provided further, That not to exceed 

20 $15,000,000 of the amount appropriated under this head21 ing shall be for contracting with qualified national organi22 zations for a circuit rider program to provide technical as23 sistance for rural water systems: Provided further, That 

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

25 under this heading shall be available through June 30, 


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1 2010, for authorized empowerment zones and enterprise 

2 communities and communities designated by the Secretary 

3 of Agriculture as Rural Economic Area Partnership Zones 

4 for the rural utilities programs described in section 

5 381E(d)(2) of such Act: Provided further, That sections 

6 381E–H and 381N of the Consolidated Farm and Rural 

7 Development Act are not applicable to the funds made 

8 available under this heading: Provided further, That any 

9 prior balances in the Rural Development, Rural Commu10 nity Advancement Program account programs authorized 

11 by sections 306, 306A, 306C, 306D, and 310B and de12 scribed in sections 306C(a)(2), 306D, and 381E(d)(2) of 

13 such Act be transferred to and merged with this account 

14 and any other prior balances from the Rural Development, 

15 Rural Community Advancement Program account that the 

16 Secretary determines is appropriate to transfer. 

17 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

18 LOANS PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 The principal amount of direct and guaranteed loans 

21 as authorized by section 305 of the Rural Electrification 

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

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

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

25 $6,500,000,000; 5 percent rural telecommunications 

26 loans, $145,000,000; cost of money rural telecommuniVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 cations loans, $250,000,000; and for loans made pursuant 

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

3 $295,000,000. 

4 In addition, for administrative expenses necessary to 

5 carry out the direct and guaranteed loan programs, 

6 $39,959,000, which shall be transferred to and merged 

7 with the appropriation for ‘‘Rural Development, Salaries 

8 and Expenses’’. 

9 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

10 PROGRAM

11 For the principal amount of broadband telecommuni12 cation loans, $400,000,000. 

13 For grants for telemedicine and distance learning 

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

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

16 Provided, That the Secretary may use funds under this 

17 heading for grants authorized by 379(g) of the Consoli18 dated Farm and Rural Development Act. 

19 For the cost of broadband loans, as authorized by 

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

21 to remain available until expended: Provided, That the 

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

23 the Congressional Budget Act of 1974. 

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

25 expended, for a grant program to finance broadband 

26 transmission in rural areas eligible for Distance Learning 


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1 and Telemedicine Program benefits authorized by 7 

2 U.S.C. 950aaa. 

3 TITLE IV 

4 DOMESTIC FOOD PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

6 NUTRITION AND CONSUMER SERVICES

7 For necessary expenses of the Office of the Under 

8 Secretary for Food, Nutrition and Consumer Services, 

9 $623,000. 

10 FOOD AND NUTRITION SERVICE

11 CHILD NUTRITION PROGRAMS

12 (INCLUDING TRANSFERS OF FUNDS)

13 In lieu of the amounts made available in section 

14 14222(b) of the Food, Conservation, and Energy Act of 

15 2008, for necessary expenses to carry out the Richard B. 

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

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

18 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

19 21; $16,799,584,000, to remain available through Sep20 tember 30, 2011, of which $10,051,707,000 is hereby ap21 propriated and $6,747,877,000 shall be derived by trans22 fer from funds available under section 32 of the Act of 

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

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

25 be awarded as competitive grants to implement section 


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1 4405 of the Food, Conservation, and Energy Act of 2008 

2 (Public Law No. 110–246). 

3 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

4 WOMEN, INFANTS, AND CHILDREN (WIC)

5 For necessary expenses to carry out the special sup6 plemental nutrition program as authorized by section 17 

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

8 $7,541,000,000, to remain available through September 

9 30, 2011: Provided, That, notwithstanding section 

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

11 17(h)(10)(B)(i), section 17(h)(10)(B)(ii), and section 

12 17(h)(10)(B)(iii) shall be effective in 2010: Provided fur13 ther, That none of the funds provided in this account shall 

14 be available for the purchase of infant formula except in 

15 accordance with the cost containment and competitive bid16 ding requirements specified in section 17 of such Act: Pro17 vided further, That none of the funds provided shall be 

18 available for activities that are not fully reimbursed by 

19 other Federal Government departments or agencies unless 

20 authorized by section 17 of such Act. 

21 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

22 For necessary expenses to carry out the Food and 

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

24 $61,351,846,000, of which $3,000,000,000, to remain 

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

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


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1 as may become necessary to carry out program operations: 

2 Provided, That funds provided herein shall be expended 

3 in accordance with section 16 of the Food and Nutrition 

4 Act of 2008: Provided further, That this appropriation 

5 shall be subject to any work registration or workfare re6 quirements as may be required by law: Provided further, 

7 That funds made available for Employment and Training 

8 under this heading shall remain available until expended, 

9 as authorized by section 16(h)(1) of the Food and Nutri10 tion Act of 2008: Provided further, That funds made avail11 able under this heading may be used to enter into con12 tracts and employ staff to conduct studies, evaluations, or 

13 to conduct activities related to program integrity provided 

14 that such activities are authorized by the Food and Nutri15 tion Act of 2008. 

16 COMMODITY ASSISTANCE PROGRAM

17 For necessary expenses to carry out disaster assist18 ance and the Commodity Supplemental Food Program as 

19 authorized by section 4(a) of the Agriculture and Con20 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

21 Emergency Food Assistance Act of 1983; special assist22 ance for the nuclear affected islands, as authorized by sec23 tion 103(f)(2) of the Compact of Free Association Amend24 ments Act of 2003 (Public Law 108–188); and the Farm25 ers’ Market Nutrition Program, as authorized by section 

26 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 six ad6 ditional states that have plans approved by the Depart7 ment for the commodity supplemental food program: Pro8 vided further, That none of these funds shall be available 

9 to reimburse the Commodity Credit Corporation for com10 modities donated to the program: Provided further, That 

11 notwithstanding 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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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 two accounts with prior no23 tice to the Committees on Appropriations of both Houses 

24 of 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 

26 $6,465,000 shall be transferred to and merged with the 


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1 appropriation for ‘‘Foreign Agricultural Service, Salaries 

2 and Expenses’’, and of which $355,000 shall be trans3 ferred to and merged with the appropriation for ‘‘Farm 

4 Service Agency, Salaries and Expenses’’. 

5 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

6 AND CHILD NUTRITION PROGRAM GRANTS

7 For necessary expenses to carry out the provisions 

8 of section 3107 of the Farm Security and Rural Invest9 ment Act of 2002 (7 U.S.C. 1736o–1), $199,500,000, to 

10 remain available until expended: Provided, That the Com11 modity Credit Corporation is authorized to provide the 

12 services, facilities, and authorities for the purpose of im13 plementing such section, subject to reimbursement from 

14 amounts provided herein. 

15 TITLE VI 

16 RELATED AGENCY AND FOOD AND DRUG 

17 ADMINISTRATION 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 FOOD AND DRUG ADMINISTRATION

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Food and Drug Ad24 ministration, including hire and purchase of passenger 

25 motor vehicles; for payment of space rental and related 

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


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1 activities of the Food and Drug Administration which are 

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

3 in the District of Columbia or elsewhere; for miscellaneous 

4 and emergency expenses of enforcement activities, author5 ized and approved by the Secretary and to be accounted 

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

7 $25,000; and notwithstanding section 521 of Public Law 

8 107–188; $2,995,218,000: Provided, That of the amount 

9 provided under this heading, $578,162,000 shall be de10 rived from prescription drug user fees authorized by 21 

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

12 available until expended, and shall not include any fees 

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

14 fiscal year 2011 but collected in fiscal year 2010; 

15 $57,014,000 shall be derived from medical device user fees 

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

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

18 shall be derived from animal drug user fees authorized by 

19 21 U.S.C. 379j, and shall be credited to this account and 

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

21 derived from animal generic drug user fees authorized by 

22 21 U.S.C. 379f, and shall be credited to this account and 

23 shall remain available until expended: Provided further, 

24 That fees derived from prescription drug, medical device, 

25 animal drug, and animal generic drug assessments for fisVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 cal year 2010 received during fiscal year 2010, including 

2 any such fees assessed prior to fiscal year 2010 but cred3 ited for fiscal year 2010, shall be subject to the fiscal year 

4 2010 limitations: Provided further, That none of these 

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

6 program of user fees authorized by 31 U.S.C. 9701: Pro7 vided further, That of the total amount appropriated: (1) 

8 $782,915,000 shall be for the Center for Food Safety and 

9 Applied Nutrition and related field activities in the Office 

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

11 Center for Drug Evaluation and Research and related 

12 field activities in the Office of Regulatory Affairs; (3) 

13 $305,249,000 shall be for the Center for Biologics Evalua14 tion and Research and for related field activities in the 

15 Office of Regulatory Affairs; (4) $155,540,000 shall be 

16 for the Center for Veterinary Medicine and for related 

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

18 $349,262,000 shall be for the Center for Devices and Ra19 diological Health and for related field activities in the Of20 fice of Regulatory Affairs; (6) $58,745,000 shall be for 

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

22 to exceed $115,882,000 shall be for Rent and Related ac23 tivities, of which $41,496,000 is for White Oak Consolida24 tion, other than the amounts paid to the General Services 

25 Administration for rent; (8) not to exceed $168,728,000 


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1 shall be for payments to the General Services Administra2 tion for rent; and (9) $185,793,000 shall be for other ac3 tivities, including the Office of the Commissioner; the Of4 fice of Scientific and Medical Programs; the Office of Pol5 icy, Planning and Preparedness; the Office of Inter6 national and Special Programs; the Office of Operations; 

7 and central services for these offices: Provided further, 

8 That none of the funds made available under this heading 

9 shall be used to transfer funds under section 770(n) of 

10 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

11 379dd): Provided further, That funds may be transferred 

12 from one specified activity to another with the prior ap13 proval of the Committees on Appropriations of both 

14 Houses of Congress. 

15 In addition, mammography user fees authorized by 

16 42 U.S.C. 263b, export certification user fees authorized 

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

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

19 remain available until expended. 

20 BUILDINGS AND FACILITIES

21 For plans, construction, repair, improvement, exten22 sion, alteration, and purchase of fixed equipment or facili23 ties of or used by the Food and Drug Administration, 

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

25 available until expended. 


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1 INDEPENDENT AGENCIES 

2 COMMODITY FUTURES TRADING COMMISSION

3 For necessary expenses to carry out the provisions 

4 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in5 cluding the purchase and hire of passenger motor vehicles, 

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

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

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

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

10 the total amount appropriated under this heading shall 

11 not be available for obligation until the Commodity Fu12 tures Trading Commission submits an expenditure plan 

13 for fiscal year 2010 to the Committees on Appropriations 

14 of the House of Representatives and the Senate and the 

15 Committees approve the whole of the plan. 

16 FARM CREDIT ADMINISTRATION

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 Not to exceed $54,500,000 (from assessments col19 lected from farm credit institutions, including the Federal 

20 Agricultural Mortgage Corporation) shall be obligated 

21 during the current fiscal year for administrative expenses 

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

23 limitation shall not apply to expenses associated with re24 ceiverships. 


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1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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

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

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

8 specifically provided for, of not to exceed 204 passenger 

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

10 and for the hire of such vehicles. 

11 SEC. 702. New obligational authority provided for the 

12 following appropriation items in this Act shall remain 

13 available until expended: Food Safety and Inspection Serv14 ice, Public Health Data Communication Infrastructure 

15 System; Farm Service Agency, salaries and expenses 

16 funds made available to county committees; Foreign Agri17 cultural Service, middle-income country training program, 

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

19 appropriation solely for the purpose of offsetting fluctua20 tions in international currency exchange rates, subject to 

21 documentation by the Foreign Agricultural Service. 

22 SEC. 703. The Secretary of Agriculture may transfer 

23 unobligated balances of discretionary funds appropriated 

24 by this Act or other available unobligated discretionary 

25 balances of the Department of Agriculture to the Working 


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1 Capital Fund for the acquisition of plant and capital 

2 equipment necessary for the delivery of financial, adminis3 trative, and information technology services of primary 

4 benefit to the agencies of the Department of Agriculture: 

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

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

7 Capital Fund without the prior approval of the agency ad8 ministrator: Provided further, That none of the funds 

9 transferred to the Working Capital Fund pursuant to this 

10 section shall be available for obligation without the prior 

11 approval of the Committees on Appropriations of both 

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

13 funds appropriated by this Act or made available to the 

14 Department’s Working Capital Fund shall be available for 

15 obligation or expenditure to make any changes to the De16 partment’s National Finance Center without prior ap17 proval of the Committees on Appropriations of both 

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

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

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

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

23 used to pay negotiated indirect cost rates on cooperative 

24 agreements or similar arrangements between the United 

25 States Department of Agriculture and nonprofit instituVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 tions in excess of 10 percent of the total direct cost of 

2 the agreement when the purpose of such cooperative ar3 rangements is to carry out programs of mutual interest 

4 between the two parties. This does not preclude appro5 priate payment of indirect costs on grants and contracts 

6 with such institutions when such indirect costs are com7 puted on a similar basis for all agencies for which appro8 priations are provided in this Act. 

9 SEC. 706. Appropriations to the Department of Agri10 culture for the cost of direct and guaranteed loans made 

11 available in the current fiscal year shall remain available 

12 until expended to disburse obligations made in the current 

13 fiscal year for the following accounts: the Rural Develop14 ment Loan Fund program account, the Rural Electrifica15 tion and Telecommunication Loans program account, and 

16 the Rural Housing Insurance Fund program account. 

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

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

19 expenses of activities related to all advisory committees, 

20 panels, commissions, and task forces of the Department 

21 of Agriculture, except for panels used to comply with nego22 tiated rule makings and panels used to evaluate competi23 tively awarded grants. 

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

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


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1 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul2 try Products Inspection Act (21 U.S.C. 471). 

3 SEC. 709. No employee of the Department of Agri4 culture may be detailed or assigned from an agency or 

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

6 of the Department for more than 30 days unless the indi7 vidual’s employing agency or office is fully reimbursed by 

8 the receiving agency or office for the salary and expenses 

9 of the employee for the period of assignment. 

10 SEC. 710. None of the funds appropriated or other11 wise made available to the Department of Agriculture or 

12 the Food and Drug Administration shall be used to trans13 mit or otherwise make available to any non-Department 

14 of Agriculture or non-Department of Health and Human 

15 Services employee questions or responses to questions that 

16 are a result of information requested for the appropria17 tions hearing process. 

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

19 Department of Agriculture by this Act may be used to ac20 quire new information technology systems or significant 

21 upgrades, as determined by the Office of the Chief Infor22 mation Officer, without the approval of the Chief Informa23 tion Officer and the concurrence of the Executive Informa24 tion Technology Investment Review Board: Provided, That 

25 notwithstanding any other provision of law, none of the 


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1 funds appropriated or otherwise made available by this 

2 Act may be transferred to the Office of the Chief Informa3 tion Officer without the prior approval of the Committees 

4 on Appropriations of both Houses of Congress: Provided 

5 further, That none of the funds available to the Depart6 ment of Agriculture for information technology shall be 

7 obligated for projects over $25,000 prior to receipt of writ8 ten approval by the Chief Information Officer. 

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

10 or provided by previous Appropriations Acts to the agen11 cies funded by this Act that remain available for obligation 

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

13 any accounts in the Treasury of the United States derived 

14 by the collection of fees available to the agencies funded 

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

16 through a reprogramming of funds which— 

17 (1) creates new programs; 

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

19 (3) increases funds or personnel by any means 

20 for any project or activity for which funds have been 

21 denied or restricted; 

22 (4) relocates an office or employees; 

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

24 or 


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1 (6) contracts out or privatizes any functions or 

2 activities presently performed by Federal employees; 

3 unless the Committees on Appropriations of both 

4 Houses of Congress are notified 15 days in advance 

5 of such reprogramming of funds. 

6 (b) None of the funds provided by this Act, or pro7 vided by previous Appropriations Acts to the agencies 

8 funded by this Act that remain available for obligation or 

9 expenditure in the current fiscal year, or provided from 

10 any accounts in the Treasury of the United States derived 

11 by the collection of fees available to the agencies funded 

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

13 for activities, programs, or projects through a reprogram14 ming of funds in excess of $500,000 or 10 percent, which15 ever is less, that: (1) augments existing programs, 

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

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

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

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

20 personnel which would result in a change in existing pro21 grams, activities, or projects as approved by Congress; un22 less the Committees on Appropriations of both Houses of 

23 Congress are notified 15 days in advance of such re24 programming 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 im4 plementing a program or activity not carried out during 

5 the previous fiscal year unless the program or activity is 

6 funded 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 ex9 penses of personnel who prepare or submit appropriations 

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

11 the Congress of the United States for programs under the 

12 jurisdiction of the Appropriations Subcommittees on Agri13 culture, Rural Development, Food and Drug Administra14 tion, and Related Agencies that assumes revenues or re15 flects a reduction from the previous year due to user fees 

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

17 submission of the Budget unless such Budget submission 

18 identifies which additional spending reductions should 

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

20 prior to the date of the convening of a committee of con21 ference for 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 enhanceVerDate Nov 24 2008 23:59 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2997.RH H2997

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1 ment of program delivery: Provided, That not later than 

2 120 days before the date of the proposed closure or reloca3 tion, the Secretary notifies the Committees on Appropria4 tion of the House and Senate, and the members of Con5 gress from the State in which the office is located of the 

6 proposed closure or relocation and provides a report that 

7 describes the justifications for such closures and reloca8 tions. 

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

10 Food and Drug Administration by this Act shall be used 

11 to close or relocate, or to plan to close or relocate, the 

12 Food and Drug Administration Division of Pharma13 ceutical Analysis in St. Louis, Missouri, outside the city 

14 or county limits of St. Louis, Missouri. 

15 SEC. 716. None of the funds appropriated or other16 wise made available by this or any other Act shall be used 

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

18 an environmental quality incentives program authorized 

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

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

21 $1,180,000,000. 

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

23 year 2009 or preceding fiscal years for programs author24 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.) 

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


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1 Commodity Credit Corporation for the release of eligible 

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

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

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

9 expenses of the Department of Agriculture to carry out 

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

11 of the Watershed Protection and Flood Prevention Act (16 

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

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 

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

17 available until expended to disburse obligations made in 

18 the current fiscal year. 

19 SEC. 720. Unless otherwise authorized by existing 

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

21 by an executive branch agency to produce any pre22 packaged news story intended for broadcast or distribution 

23 in the United States unless the story includes a clear noti24 fication within the text or audio of the prepackaged news 


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1 story that the prepackaged news story was prepared or 

2 funded by that executive branch agency. 

3 SEC. 721. Notwithstanding any other provision of 

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

5 an insured, direct or guaranteed loan under the Rural 

6 Electrification Act, or any not-for-profit utility that is eli7 gible to receive an insured or direct loan under such Act, 

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

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

10 Act. 

11 SEC. 722. Of the unobligated balances under section 

12 32 of the Act of August 24, 1935, $52,000,000 are hereby 

13 rescinded. 

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

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

16 poultry products to be imported into the United States 

17 from the People’s Republic of China. 

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

19 Department of Agriculture in this Act may be used to im20 plement the risk-based inspection program in the 30 pro21 totype locations announced on February 22, 2007, by the 

22 Under Secretary for Food Safety, or at any other loca23 tions, until the USDA Office of Inspector General has pro24 vided its findings to the Food Safety and Inspection Serv25 ice and the Committees on Appropriations of the House 


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1 of Representatives and the Senate on the data used in sup2 port of the development and design of the risk-based in3 spection program and FSIS has addressed and resolved 

4 issues identified by OIG. 

5 SEC. 725. Notwithstanding any other provision of 

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

7 2010, the Secretary of Agriculture shall consider— 

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

9 the city of Sanford, North Carolina (including indi10 viduals and entities with projects within the city), el11 igible for loans and grants funded through the Rural 

12 Community Facilities Program account; 

13 (2) the unincorporated area of Los Osos, Cali14 fornia (including individuals and entities with 

15 projects within the cities), eligible for loans and 

16 grants funded through the Rural Water and Waste 

17 Disposal Program account; and 

18 (3) the city of Nogales, Arizona (including indi19 viduals and entities with projects within the city), el20 igible for loans and grants funded under the housing 

21 programs of the Rural Housing Service. 

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

23 for section 4404 of Public Law 107–171. 

24 SEC. 727. There is hereby appropriated: 


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1 (1) $1,408,000 shall be for a grant to the Wis2 consin Department of Agriculture, Trade, and Con3 sumer Protection, as authorized by section 6402 of 

4 the Farm Security and Rural Investment Act of 

5 2002 (7 U.S.C. 1621 note); 

6 (2) $1,000,000 shall be for development of a 

7 prototype for a national carbon inventory and ac8 counting system for forestry and agriculture, to be 

9 awarded under full and open competition; 

10 (3) $1,000,000 for the International Food Pro11 tection Training Institute; and 

12 (4) $200,000 for the Center for Foodborne Ill13 ness Research and Prevention. 

14 SEC. 728. Notwithstanding any other provision of 

15 law, the Natural Resources Conservation Service shall pro16 vide financial and technical assistance through the Water17 shed and Flood Prevention Operations program to carry 

18 out— 

19 (1) the Alameda Creek Watershed Project in 

20 Alameda County, California; 

21 (2) the Hurricane Katrina-Related Watershed 

22 Restoration project in Jackson County, Mississippi; 

23 (3) the Pidcock-Mill Creeks Watershed project 

24 in Bucks County, Pennsylvania; 


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1 (4) the Farmington River Restoration project in 

2 Litchfield County, Connecticut; 

3 (5) the Lake Oscawana Management and Res4 toration project in Putnam County, New York; and 

5 (6) the Richland Creek Reservoir in Paulding 

6 County, Georgia. 

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

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

9 amended— 

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

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

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

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

14 and 

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

16 instance of ‘‘States shall be’’. 

17 SEC. 730. Notwithstanding any other provision of 

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

19 Agricultural Research, Extension, and Education Reform 

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

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

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

23 form of unrecovered indirect costs not otherwise charged 

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

25 approved for a recipient. 


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

2 Act may be used to pay the salaries or expenses of per3 sonnel to— 

4 (1) inspect horses under section 3 of the Fed5 eral Meat Inspection Act (21 U.S.C. 603); 

6 (2) inspect horses under section 903 of the 

7 Federal Agriculture Improvement and Reform Act of 

8 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

9 (3) implement or enforce section 352.19 of title 

10 9, Code of Federal Regulations. 

11 SEC. 732. The Secretary of Agriculture may author12 ize a State agency to use funds provided in this Act to 

13 exceed the maximum amount of reconstituted liquid con14 centrate infant formula specified in 7 C.F.R. 246.10 when 

15 issuing liquid concentrate infant formula to participants. 

16 SEC. 733. Of the unobligated balances provided pur17 suant to section 16(h)(1)(A) of the Food and Nutrition 

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

19 SEC. 734. Of the prior year unobligated balances pro20 vided for the purpose of section 306D of the Consolidated 

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

22 rescinded. 

23 This Act may be cited as the ‘‘Agriculture, Rural De24 velopment, Food and Drug Administration, and Related 

25 Agencies Appropriations Act, 2010’’. 


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Union Calendar No. 98 

111TH CONGRESS 

1ST SESSION H. R. 2997 

[Report No. 111–181] 

A BILL 

Making appropriations for Agriculture, Rural Deposes. ending September 30, 2010, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and 

June 23, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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