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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Enrolled Bill (ENR)]

        H.R.2997

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                                 An Act

 
Making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
               September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,285,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                       Office of Tribal Relations

    For necessary expenses of the Office of Tribal Relations, 
$1,000,000, to support communication and consultation activities with 
Federally Recognized Tribes, as well as other requirements established 
by law.

                          Executive Operations

                     office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$13,032,000.

                       national appeals division

    For necessary expenses of the National Appeals Division, 
$15,254,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $9,436,000.

                      office of homeland security

    For necessary expenses of the Office of Homeland Security, 
$1,859,000.

                    Office of Advocacy and Outreach

    For necessary expenses of the Office of Advocacy and Outreach, 
$1,700,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $61,579,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $6,566,000: Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $895,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $23,922,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $806,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $293,093,000, to remain available until expended, of 
which $184,812,000 shall be available for payments to the General 
Services Administration for rent; of which $13,500,000 for payment to 
the Department of Homeland Security for building security activities; 
and of which $94,781,000 for buildings operations and maintenance 
expenses: Provided, That the Secretary shall use $15,911,000 of these 
funds to cover shortfalls incurred in prior year rental payments: 
Provided further, That the Secretary is authorized to transfer funds 
from a Departmental agency to this account to recover the full cost of 
the space and security expenses of that agency that are funded by this 
account when the actual costs exceed the agency estimate which will be 
available for the activities and payments described herein.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $5,125,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $41,319,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department: Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558: Provided further, That of the amount appropriated, $13,000,000 
is for stabilization and reconstruction activities to be carried out 
under the authority provided by title XIV of the Food and Agriculture 
Act of 1977 (7 U.S.C. 3101 et seq.) and other applicable laws.

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,968,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: Provided further, 
That no funds made available by this appropriation may be obligated 
after 30 days from the date of enactment of this Act, unless the 
Secretary has notified the Committees on Appropriations of both Houses 
of Congress on the allocation of these funds by USDA agency: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, $9,722,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$88,725,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$43,551,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $895,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service, 
$82,478,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $161,830,000, of which up to $37,908,000 shall be available 
until expended for the Census of Agriculture.

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,179,639,000, of which $44,138,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the statement of managers to accompany this Act:  
Provided, That appropriations hereunder shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
one for replacement only: Provided further, That appropriations 
hereunder shall be available pursuant to 7 U.S.C. 2250 for the 
construction, alteration, and repair of buildings and improvements, but 
unless otherwise provided, the cost of constructing any one building 
shall not exceed $375,000, except for headhouses or greenhouses which 
shall each be limited to $1,200,000, and except for 10 buildings to be 
constructed or improved at a cost not to exceed $750,000 each, and the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building or 
$375,000, whichever is greater: Provided further, That the limitations 
on alterations contained in this Act shall not apply to modernization 
or replacement of existing facilities at Beltsville, Maryland: Provided 
further, That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center: Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a): Provided further, That funds may be received from any State, 
other political subdivision, organization, or individual for the 
purpose of establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by law.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $70,873,000, 
of which $70,873,000 shall be for the purposes, and in the amounts, 
specified in the table titled ``Congressionally Designated Projects'' 
in the statement of managers to accompany this Act, to remain available 
until expended.

               National Institute of Food and Agriculture

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$788,243,000, of which $120,054,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the statement of managers to accompany this Act, as 
follows: to carry out the provisions of the Hatch Act of 1887 (7 U.S.C. 
361a-i), $215,000,000; for grants for cooperative forestry research (16 
U.S.C. 582a through a-7), $29,000,000; for payments to eligible 
institutions (7 U.S.C. 3222), $48,500,000, provided that each 
institution receives no less than $1,000,000; for special grants (7 
U.S.C. 450i(c)), $89,029,000; for competitive grants on improved pest 
control (7 U.S.C. 450i(c)), $16,185,000; for competitive grants (7 
U.S.C. 450(i)(b)), $262,482,000, to remain available until expended; 
for the support of animal health and disease programs (7 U.S.C. 3195), 
$2,950,000; for supplemental and alternative crops and products (7 
U.S.C. 3319d), $835,000; for grants for research pursuant to the 
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,083,000, 
to remain available until expended; for the 1994 research grants 
program for 1994 institutions pursuant to section 536 of Public Law 
103-382 (7 U.S.C. 301 note), $1,805,000, to remain available until 
expended; for rangeland research grants (7 U.S.C. 3333), $983,000; for 
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), 
$3,859,000, to remain available until expended (7 U.S.C. 2209b); for a 
program pursuant to section 1415A of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), 
$4,800,000, to remain available until expended; for higher education 
challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a higher 
education multicultural scholars program (7 U.S.C. 3152(b)(5)), 
$1,241,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $9,237,000; for competitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3156 to individual eligible institutions 
or consortia of eligible institutions in Alaska and in Hawaii, with 
funds awarded equally to each of the States of Alaska and Hawaii, 
$3,200,000; for a secondary agriculture education program and 2-year 
post-secondary education (7 U.S.C. 3152(j)), $983,000; for aquaculture 
grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture 
research and education (7 U.S.C. 5811), $14,500,000; for a program of 
capacity building grants (7 U.S.C. 3152(b)(4)) to institutions eligible 
to receive funds under 7 U.S.C. 3221 and 3222, $18,250,000, to remain 
available until expended (7 U.S.C. 2209b); for payments to the 1994 
Institutions pursuant to section 534(a)(1) of Public Law 103-382, 
$3,342,000; for resident instruction grants for insular areas under 
section 1491 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3363), $900,000; for distance 
education grants for insular areas under section 1490 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3362), $750,000; for a new era rural technology program pursuant 
to section 1473E of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3319e), $875,000; for a 
competitive grants program for farm business management and 
benchmarking (7 U.S.C. 5925f), $1,500,000; for a competitive grants 
program regarding biobased energy (7 U.S.C. 8114), $2,250,000; and for 
necessary expenses of Research and Education Activities, $45,122,000, 
of which $2,704,000 for the Research, Education, and Economics 
Information System and $2,136,000 for the Electronic Grants Information 
System, are to remain available until expended.

              native american institutions endowment fund

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

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 
American Samoa, $494,923,000, of which $11,831,000 shall be for the 
purposes, and in the amounts, specified in the table titled 
``Congressionally Designated Projects'' in the statement of managers to 
accompany this Act, as follows: payments for cooperative extension work 
under the Smith-Lever Act, to be distributed under sections 3(b) and 
3(c) of said Act, and under section 208(c) of Public Law 93-471, for 
retirement and employees' compensation costs for extension agents, 
$297,500,000; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $4,321,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $68,070,000; payments for the pest 
management program under section 3(d) of the Act, $9,938,000; payments 
for the farm safety program under section 3(d) of the Act, $4,863,000; 
payments for New Technologies for Ag Extension under section 3(d) of 
the Act, $1,750,000; payments to upgrade research, extension, and 
teaching facilities at institutions eligible to receive funds under 7 
U.S.C. 3221 and 3222, $19,770,000, to remain available until expended; 
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,412,000; for youth farm safety education and 
certification extension grants, to be awarded competitively under 
section 3(d) of the Act, $486,000; payments for carrying out the 
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 
1671 et seq.), $4,068,000; payments for the federally-recognized Tribes 
Extension Program under section 3(d) of the Smith-Lever Act, 
$3,045,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,705,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by 
eligible institutions (7 U.S.C. 3221), $42,677,000, provided that each 
institution receives no less than $1,000,000; for grants to youth 
organizations pursuant to 7 U.S.C. 7630, $1,784,000; payments to carry 
out the food animal residue avoidance database program as authorized by 
7 U.S.C. 7642, $1,000,000; payments to carry out section 1672(e)(49) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5925), as amended, $400,000; and for necessary expenses of Extension 
Activities, $20,396,000.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $60,022,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $45,148,000, including $12,649,000 for the water 
quality program, $14,596,000 for the food safety program, $4,096,000 
for the regional pest management centers program, $4,388,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,365,000 for the crops affected by Food Quality Protection 
Act implementation, $3,054,000 for the methyl bromide transition 
program, and $5,000,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $3,000,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
remain available until September 30, 2011, for the critical issues 
program; $1,312,000 for the regional rural development centers program; 
and $9,830,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977, to remain available until 
September 30, 2011.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $895,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$904,953,000, of which $24,410,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the statement of managers to accompany this Act, of which 
$2,058,000 shall be available for the control of outbreaks of insects, 
plant diseases, animal diseases and for control of pest animals and 
birds to the extent necessary to meet emergency conditions; of which 
$23,390,000 shall be used for the cotton pests program for cost share 
purposes or for debt retirement for active eradication zones; of which 
$5,300,000 shall be for a National Animal Identification program; of 
which $60,243,000 shall be used to prevent and control avian influenza 
and shall remain available until expended: Provided, That funds 
provided for the contingency fund to meet emergency conditions, 
information technology infrastructure, fruit fly program, emerging 
plant pests, cotton pests program, grasshopper and mormon cricket 
program, the plum pox program, the National Veterinary Stockpile, the 
National Animal Identification System, up to $1,500,000 in the scrapie 
program for indemnities, up to $1,000,000 for wildlife services methods 
development, up to $1,500,000 of the wildlife services operations 
program for aviation safety, and up to 25 percent of the screwworm 
program shall remain available until expended: Provided further, That 
no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent: Provided 
further, That this appropriation shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed four, of 
which two shall be for replacement only: Provided further, That, in 
addition, in emergencies which threaten any segment of the agricultural 
production industry of this country, the Secretary may transfer from 
other appropriations or funds available to the agencies or corporations 
of the Department such sums as may be deemed necessary, to be available 
only in such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any 
unexpended balances of funds transferred for such emergency purposes in 
the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2010, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be credited to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$91,148,000: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).

                 limitation on administrative expenses

    Not to exceed $64,583,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

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

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including 
$10,000,000 for replacement of a system to support commodity purchases, 
except for: (1) transfers to the Department of Commerce as authorized 
by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 
provided in this Act; and (3) not more than $20,056,000 for formulation 
and administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act 
of 1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,334,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $41,964,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

        limitation on inspection and weighing services expenses

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

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety, $813,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,018,520,000; and in 
addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade Act of 
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public 
Health Data Communication Infrastructure system shall remain available 
until expended: Provided further, That no fewer than 140 full-time 
equivalent positions shall be employed during fiscal year 2010 for 
purposes dedicated solely to inspections and enforcement related to the 
Humane Methods of Slaughter Act: Provided further, That of the amount 
available under this heading, $3,000,000 shall be obligated to maintain 
the Humane Animal Tracking System as part of the Public Health Data 
Communication Infrastructure System:  Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services, $895,000.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,253,777,000: 
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency: Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with 
this account: Provided further, That funds made available to county 
committees shall remain available until expended.

                         state mediation grants

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

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until 
expended.

                        dairy indemnity program

                     (including transfer of funds)

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), direct and guaranteed 
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly 
fractionated land loans (25 U.S.C. 488), to be available from funds in 
the Agricultural Credit Insurance Fund, as follows: farm ownership 
loans, $2,150,000,000, of which $1,500,000,000 shall be for 
unsubsidized guaranteed loans and $650,000,000 shall be for direct 
loans; operating loans, $2,670,000,000, of which $1,500,000,000 shall 
be for unsubsidized guaranteed loans, $170,000,000 shall be for 
subsidized guaranteed loans and $1,000,000,000 shall be for direct 
loans; Indian tribe land acquisition loans, $3,940,000; conservation 
loans, $150,000,000, of which $75,000,000 shall be for guaranteed loans 
and $75,000,000 shall be for direct loans; Indian highly fractionated 
land loans, $10,000,000; and for boll weevil eradication program loans, 
$100,000,000: Provided, That the Secretary shall deem the pink bollworm 
to be a boll weevil for the purpose of boll weevil eradication program 
loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $32,070,000, of which 
$5,550,000 shall be for unsubsidized guaranteed loans, and $26,520,000 
shall be for direct loans; operating loans, $106,402,000, of which 
$35,100,000 shall be for unsubsidized guaranteed loans, $23,902,000 
shall be for subsidized guaranteed loans, and $47,400,000 shall be for 
direct loans; conservation loans, $1,343,000, of which $278,000 shall 
be for guaranteed loans, and $1,065,000 shall be for direct loans; and 
Indian highly fractionated land loans, $793,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $321,093,000, of which 
$313,173,000 shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these programs: 
Provided, That the Committees on Appropriations of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $80,325,000: 
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the 
Common Information Management System: Provided further, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).
    

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

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

                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $895,000.

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$887,629,000, to remain available until September 30, 2011, of which 
$37,382,000 shall be for the purposes, and in the amounts, specified in 
the table titled ``Congressionally Designated Projects'' in the 
statement of managers to accompany this Act: Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements 
at plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That the Secretary is authorized to 
transfer ownership of all land, buildings, and related improvements of 
the Natural Resources Conservation Service facilities located in 
Medicine Bow, Wyoming, to the Medicine Bow Conservation District: 
Provided further, That when buildings or other structures are erected 
on non-Federal land, that the right to use such land is obtained as 
provided in 7 U.S.C. 2250a.

               watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing 
works and changes in use of land, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $30,000,000, to remain available until 
expended, of which $22,111,000 shall be for the purposes, and in the 
amounts, specified in the table titled ``Congressionally Designated 
Projects'' in the statement of managers to accompany this Act: 
Provided, That not to exceed $12,000,000 of this appropriation shall be 
available for technical assistance.

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$40,161,000, to remain available until expended.

                 resource conservation and development

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

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $895,000.

                Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$201,987,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area: Provided further, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $13,121,488,000 for loans to section 502 borrowers, of which 
$1,121,488,000 shall be for direct loans, and of which $12,000,000,000 
shall be for unsubsidized guaranteed loans; $34,412,000 for section 504 
housing repair loans; $69,512,000 for section 515 rental housing; 
$129,090,000 for section 538 guaranteed multi-family housing loans; 
$5,045,000 for section 524 site loans; $11,448,000 for credit sales of 
acquired property, of which up to $1,448,000 may be for multi-family 
credit sales; and $4,970,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $213,510,000, of which 
$40,710,000 shall be for direct loans, and of which $172,800,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $4,422,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$18,935,000; section 538 multi-family housing guaranteed loans, 
$1,485,000; and credit sales of acquired property, $556,000: Provided, 
That of the total amount appropriated in this paragraph, the amount 
equal to the amount of Rural Housing Insurance Fund Program Account 
funds allocated by the Secretary for Rural Economic Area Partnership 
Zones for the fiscal year 2009, shall be available through June 30, 
2010, for communities designated by the Secretary of Agriculture as 
Rural Economic Area Partnership Zones: Provided further, That section 
538 multi-family housing guaranteed loans funded pursuant to this 
paragraph shall not be subject to a guarantee fee and the interest on 
such loans may not be subsidized: Provided further, That any balances 
for a demonstration program for the preservation and revitalization of 
the section 515 multi-family rental housing properties as authorized by 
Public Law 109-97 and Public Law 110-5 shall be transferred to and 
merged with the ``Rural Housing Service, Multi-family Housing 
Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $468,593,000 shall be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$980,000,000; and, in addition, such sums as may be necessary, as 
authorized by section 521(c) of the Act, to liquidate debt incurred 
prior to fiscal year 1992 to carry out the rental assistance program 
under section 521(a)(2) of the Act: Provided, That of this amount, up 
to $5,958,000 shall be available for debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the Act, 
and not to exceed $50,000 per project for advances to nonprofit 
organizations or public agencies to cover direct costs (other than 
purchase price) incurred in purchasing projects pursuant to section 
502(c)(5)(C) of the Act: Provided further, That of this amount not less 
than $2,030,000 is available for newly constructed units financed by 
section 515 of the Housing Act of 1949, and not less than $3,400,000 is 
for newly constructed units financed under sections 514 and 516 of the 
Housing Act of 1949: Provided further, That rental assistance 
agreements entered into or renewed during the current fiscal year shall 
be funded for a one-year period: Provided further, That any unexpended 
balances remaining at the end of such one-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
of the Act: Provided further, That rental assistance provided under 
agreements entered into prior to fiscal year 2010 for a farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act may not be recaptured for use in another project until such 
assistance has remained unused for a period of 12 consecutive months, 
if such project has a waiting list of tenants seeking such assistance 
or the project has rental assistance eligible tenants who are not 
receiving such assistance: Provided further, That such recaptured 
rental assistance shall, to the extent practicable, be applied to 
another farm labor multi-family housing project financed under section 
514 or 516 of the Act.

          multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing demonstration program 
to provide revolving loans for the preservation of low-income multi-
family housing projects, and for additional costs to conduct a 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph, 
$43,191,000, to remain available until expended: Provided, That of the 
funds made available under this heading, $16,400,000 shall be available 
for rural housing vouchers to any low-income household (including those 
not receiving rental assistance) residing in a property financed with a 
section 515 loan which has been prepaid after September 30, 2005: 
Provided further, That the amount of such voucher shall be the 
difference between comparable market rent for the section 515 unit and 
the tenant paid rent for such unit: Provided further, That funds made 
available for such vouchers shall be subject to the availability of 
annual appropriations: Provided further, That the Secretary shall, to 
the maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development: Provided further, That if the Secretary determines 
that the amount made available for vouchers in this or any other Act is 
not needed for vouchers, the Secretary may use such funds for the 
demonstration programs for the preservation and revitalization of 
multi-family rental housing properties described in this paragraph: 
Provided further, That of the funds made available under this heading, 
$1,791,000 shall be available for the cost of loans to private 
nonprofit organizations, or such nonprofit organizations' affiliate 
loan funds and State and local housing finance agencies, to carry out a 
housing demonstration program to provide revolving loans for the 
preservation of low-income multi-family housing projects: Provided 
further, That loans under such demonstration program shall have an 
interest rate of not more than 1 percent direct loan to the recipient: 
Provided further, That the Secretary may defer the interest and 
principal payment to the Rural Housing Service for up to 3 years and 
the term of such loans shall not exceed 30 years: Provided further, 
That of the funds made available under this heading, $25,000,000 shall 
be available for a demonstration program for the preservation and 
revitalization of the sections 514, 515, and 516 multi-family rental 
housing properties to restructure existing USDA multi-family housing 
loans, as the Secretary deems appropriate, expressly for the purposes 
of ensuring the project has sufficient resources to preserve the 
project for the purpose of providing safe and affordable housing for 
low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances, payments and incentives (including the ability of owners to 
obtain reasonable returns on investment) required by the Secretary: 
Provided further, That the Secretary shall as part of the preservation 
and revitalization agreement obtain a restrictive use agreement 
consistent with the terms of the restructuring: Provided further, That 
if the Secretary determines that additional funds for vouchers 
described in this paragraph are needed, funds for the preservation and 
revitalization demonstration program may be used for such vouchers: 
Provided further, That if Congress enacts legislation to permanently 
authorize a multi-family rental housing loan restructuring program 
similar to the demonstration program described herein, the Secretary 
may use funds made available for the demonstration program under this 
heading to carry out such legislation with the prior approval of the 
Committees on Appropriations of both Houses of Congress: Provided 
further, That in addition to any other available funds, the Secretary 
may expend not more than $1,000,000 total, from the program funds made 
available under this heading, for administrative expenses for 
activities funded under this heading.

                  mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $41,864,000, to remain available 
until expended: Provided, That of the total amount appropriated under 
this heading, the amount equal to the amount of Mutual and Self-Help 
Housing Grants allocated by the Secretary for Rural Economic Area 
Partnership Zones for the fiscal year 2009, shall be available through 
June 30, 2010, for communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.

                    rural housing assistance grants

                     (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$45,500,000, to remain available until expended, of which $4,000,000 
shall be for grants authorized by section 14204 of the Food, 
Conservation, and Energy Act of 2008: Provided, That of the total 
amount appropriated under this heading, the amount equal to the amount 
of Rural Housing Assistance Grants allocated by the Secretary for Rural 
Economic Area Partnership Zones for the fiscal year 2009, shall be 
available through June 30, 2010, for communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones: 
Provided further, That any balances to carry out a housing 
demonstration program to provide revolving loans for the preservation 
of low-income multi-family housing projects as authorized in Public Law 
108-447 and Public Law 109-97 shall be transferred to and merged with 
the ``Rural Housing Service, Multi-family Housing Revitalization 
Program Account''.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $19,746,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

               rural community facilities program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $54,993,000, to remain available until expended: 
Provided, That $6,256,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development Initiative: 
Provided further, That such funds shall be used solely to develop the 
capacity and ability of private, nonprofit community-based housing and 
community development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas: Provided further, That such funds 
shall be made available to qualified private, nonprofit and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That $13,902,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That $3,972,000 of the amount appropriated 
under this heading shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of such Act: 
Provided further, That of the amount appropriated under this heading, 
the amount equal to the amount of Rural Community Facilities Program 
Account funds allocated by the Secretary for Rural Economic Area 
Partnership Zones for the fiscal year 2009, shall be available through 
June 30, 2010, for communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones for the rural 
community programs described in section 381E(d)(1) of the Consolidated 
Farm and Rural Development Act: Provided further, That sections 381E-H 
and 381N of the Consolidated Farm and Rural Development Act are not 
applicable to the funds made available under this heading: Provided 
further, That any prior balances in the Rural Development, Rural 
Community Advancement Program account for programs authorized by 
section 306 and described in section 381E(d)(1) of such Act be 
transferred and merged with this account and any other prior balances 
from the Rural Development, Rural Community Advancement Program account 
that the Secretary determines is appropriate to transfer.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural 
Development Act, $97,116,000, to remain available until expended: 
Provided, That of the amount appropriated under this heading, not to 
exceed $500,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development and $2,979,000 
shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et 
seq.) for any Rural Community Advancement Program purpose as described 
in section 381E(d) of the Consolidated Farm and Rural Development Act, 
of which not more than 5 percent may be used for administrative 
expenses: Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit Federally 
Recognized Native American Tribes, including $250,000 for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development: Provided 
further, That of the amount appropriated under this heading, the amount 
equal to the amount of Rural Business Program Account funds allocated 
by the Secretary for Rural Economic Area Partnership Zones for the 
fiscal year 2009, shall be available through June 30, 2010, for 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and cooperative 
development programs described in section 381E(d)(3) of the 
Consolidated Farm and Rural Development Act: Provided further, That 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to funds made available under this heading: 
Provided further, That any prior balances in the Rural Development, 
Rural Community Advancement Program account for programs authorized by 
sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) 
of such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
    For the cost of direct loans, $8,464,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,035,000 
shall be available through June 30, 2010, for Federally Recognized 
Native American Tribes and of which $2,070,000 shall be available 
through June 30, 2010, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That of the total amount appropriated under this heading, the 
amount equal to the amount of Rural Development Loan Fund Program 
Account funds allocated by the Secretary for Rural Economic Area 
Partnership Zones for the fiscal year 2009, shall be available through 
June 30, 2010, for communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,941,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $44,463,000 shall not be obligated and $44,463,000 are 
rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $34,854,000, of which $300,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,800,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $3,463,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
socially disadvantaged producers and whose governing board and/or 
membership is comprised of at least 75 percent socially disadvantaged 
members; and of which $20,367,000, to remain available until expended, 
shall be for value-added agricultural product market development 
grants, as authorized by section 231 of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 1621 note).

            rural microenterprise investment program account

    For the cost of loans and grants, $5,000,000 as authorized by 
section 379E of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1981 et seq.): Provided, That such costs of loans, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                    rural energy for america program

    For the cost of a program of loan guarantees and grants, under the 
same terms and conditions as authorized by section 9007 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $39,340,000: 
Provided, That the cost of loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $568,730,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $70,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act, Federally-recognized 
Native American Tribes authorized by 306C(a)(1), and the Department of 
Hawaiian Home Lands (of the State of Hawaii): Provided further, That 
not less than $65,000,000 of the unobligated balances available for 
grants authorized by 306D of the Consolidated Farm and Rural 
Development Act shall be obligated within 90 days of the enactment of 
this Act: Provided further, That not to exceed $19,500,000 of the 
amount appropriated under this heading shall be for technical 
assistance grants for rural water and waste systems pursuant to section 
306(a)(14) of such Act, unless the Secretary makes a determination of 
extreme need, of which $6,000,000 shall be made available for a grant 
to a qualified non-profit multi-state regional technical assistance 
organization, with experience in working with small communities on 
water and waste water problems, the principal purpose of such grant 
shall be to assist rural communities with populations of 3,300 or less, 
in improving the planning, financing, development, operation, and 
management of water and waste water systems, and of which not less than 
$800,000 shall be for a qualified national Native American organization 
to provide technical assistance for rural water systems for tribal 
communities: Provided further, That not to exceed $15,000,000 of the 
amount appropriated under this heading shall be for contracting with 
qualified national organizations for a circuit rider program to provide 
technical assistance for rural water systems: Provided further, That of 
the amount appropriated under this heading, the amount equal to the 
amount of Rural Water and Waste Disposal Program Account funds 
allocated by the Secretary for Rural Economic Area Partnership Zones 
for the fiscal year 2009, shall be available through June 30, 2010, for 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural utilities programs 
described in section 381E(d)(2) of the Consolidated Farm and Rural 
Development Act: Provided further, That $17,500,000 of the amount 
appropriated under this heading shall be transferred to, and merged 
with, the Rural Utilities Service, High Energy Cost Grants Account to 
provide grants authorized under section 19 of the Rural Electrification 
Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year 
balances for high cost energy grants authorized by section 19 of the 
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred 
to and merged with the Rural Utilities Service, High Energy Costs 
Grants Account: Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 
381E(d)(2) of such Act be transferred to and merged with this account 
and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by sections 305 and 306 of the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936) shall be made as follows: 5 percent rural 
electrification loans, $100,000,000; loans made pursuant to section 306 
of that Act, rural electric, $6,500,000,000; guaranteed underwriting 
loans pursuant to section 313A, $500,000,000; 5 percent rural 
telecommunications loans, $145,000,000; cost of money rural 
telecommunications loans, $250,000,000; and for loans made pursuant to 
section 306 of that Act, rural telecommunications loans, $295,000,000: 
Provided, That, notwithstanding section 6106(b) of the Food, 
Conservation, and Energy Act of 2008, a guaranteed underwriting loan 
may not be issued until the amendments to the Rural Electrification Act 
of 1936 contained in section 6106(a) of the Food, Conservation, and 
Energy Act of 2008 are administratively implemented.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $39,959,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$400,000,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $37,755,000, to remain 
available until expended: Provided, That $3,000,000 shall be made 
available for grants authorized by 379G of the Consolidated Farm and 
Rural Development Act: Provided further, That $4,500,000 shall be made 
available to those noncommercial educational television broadcast 
stations that serve rural areas and are qualified for Community Service 
Grants by the Corporation for Public Broadcasting under section 396(k) 
of the Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, 
studio-to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high-definition 
broadcast, multi-casting and datacasting technologies.
    For the cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act, $28,960,000, to remain available until 
expended: Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $17,976,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services, $813,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    In lieu of the amounts made available in section 14222(b) of the 
Food, Conservation, and Energy Act of 2008, for necessary expenses to 
carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), except section 21, and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $16,855,829,000, 
to remain available through September 30, 2011, of which $1,000,000 may 
be used to carry out the school community garden pilot program 
established under section 18(g)(3) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769(g)(3)), and of which $9,865,930,000 is 
hereby appropriated, $6,747,877,000 shall be derived by transfer from 
funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c) and $242,022,000 shall be derived by transfer from 
unobligated and unavailable balances from fiscal year 2009 under 
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, 
That of the total amount available, $5,000,000 shall be available to be 
awarded as competitive grants to implement section 4405 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246), and may be 
awarded notwithstanding the limitations imposed by sections 
4405(b)(1)(A) and 4405(c)(1)(A).

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $7,252,000,000, to remain available 
through September 30, 2011: Provided, That notwithstanding section 
17(g)(5) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)), not 
more than $15,000,000 of funds provided in this Act may be used for the 
purpose of evaluating program performance in the Special Supplemental 
Nutrition Program for Women, Infants and Children: Provided further, 
That notwithstanding section 17(h)(10)(A) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(h)(10)(A)), of the amounts made available under 
this heading, not less than $14,000,000 shall be used for 
infrastructure, not less than $60,000,000 shall be used for management 
information systems, and not less than $80,000,000 shall be used for 
breastfeeding peer counselors and other related activities: Provided 
further, That none of the funds provided in this account shall be 
available for the purchase of infant formula except in accordance with 
the cost containment and competitive bidding requirements specified in 
section 17 of such Act: Provided further, That none of the funds 
provided shall be available for activities that are not fully 
reimbursed by other Federal Government departments or agencies unless 
authorized by section 17 of such Act.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $58,278,181,000, of which $3,000,000,000, 
to remain available through September 30, 2011, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008: Provided further, That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law: Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available until expended, notwithstanding section 16(h)(1) of 
the Food and Nutrition Act of 2008: Provided further, That funds made 
available under this heading may be used to enter into contracts and 
employ staff to conduct studies, evaluations, or to conduct activities 
related to program integrity provided that such activities are 
authorized by the Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $247,979,000, to 
remain available through September 30, 2011, of which $6,000,000 shall 
be for emergency food program infrastructure grants authorized by 
section 209 of the Emergency Food Assistance Act of 1983: Provided, 
That of the amount provided, $5,000,000 is to begin service in 7 
additional States that have plans approved by the Department for the 
commodity supplemental food program: Provided further, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2010 to support the Seniors Farmers' 
Market Nutrition Program, as authorized by section 4402 of the Farm 
Security and Rural Investment Act of 2002, such funds shall remain 
available through September 30, 2011: Provided further, That of the 
funds made available under section 27(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
costs associated with the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$147,801,000.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $180,367,000: Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures 
made on behalf of Federal agencies, public and private organizations 
and institutions under agreements executed pursuant to the agricultural 
food production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development: Provided further, That funds made available for middle-
income country training programs and up to $2,000,000 of the Foreign 
Agricultural Service appropriation solely for the purpose of offsetting 
fluctuations in international currency exchange rates, subject to 
documentation by the Foreign Agricultural Service, shall remain 
available until expended.

  food for peace title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Food for Peace Act (Public Law 83-480) and the Food for 
Progress Act of 1985, $2,812,000, to be transferred to and merged with 
the appropriation for ``Farm Service Agency, Salaries and Expenses'': 
Provided, That funds made available for the cost of agreements under 
title I of the Agricultural Trade Development and Assistance Act of 
1954 and for title I ocean freight differential may be used 
interchangeably between the two accounts with prior notice to the 
Committees on Appropriations of both Houses of Congress.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480), for 
commodities supplied in connection with dispositions abroad under title 
II of such Act, $1,690,000,000, to remain available until expended.

       commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$6,820,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $6,465,000 shall 
be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $355,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

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

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $209,500,000, to remain available until expended: Provided, That of 
this amount, the Secretary shall use $10,000,000 to conduct pilot 
projects to field test new and improved micronutrient fortified food 
products designed to meet energy and nutrient needs of program 
participants: Provided further, That the Commodity Credit Corporation 
is authorized to provide the services, facilities, and authorities for 
the purpose of implementing such section, subject to reimbursement from 
amounts provided herein.
    

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $3,237,218,000, of which $5,509,000 shall be for 
the purposes, and in the amounts, specified in the eighth paragraph 
under ``Food and Drug Administration, Salaries and Expenses'' in the 
statement of managers to accompany this Act: Provided, That of the 
amount provided under this heading, $578,162,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2011 but collected in fiscal year 2010; 
$57,014,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; $17,280,000 shall be derived from animal drug 
user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; $5,106,000 shall be 
derived from animal generic drug user fees authorized by 21 U.S.C. 
379f, and shall be credited to this account and shall remain available 
until expended; and $235,000,000 shall be derived from tobacco product 
user fees authorized by 21 U.S.C. 387s and shall be credited to this 
account and remain available until expended: Provided further, That 
fees derived from prescription drug, medical device, animal drug, 
animal generic drug, and tobacco product assessments for fiscal year 
2010 received during fiscal year 2010, including any such fees assessed 
prior to fiscal year 2010 but credited for fiscal year 2010, shall be 
subject to the fiscal year 2010 limitations: Provided further, That in 
addition and notwithstanding any other provision under this heading, 
amounts collected for prescription drug user fees that exceed the 
fiscal year 2010 limitation are appropriated and shall be credited to 
this account and remain available until expended: Provided further, 
That none of these funds shall be used to develop, establish, or 
operate any program of user fees authorized by 31 U.S.C. 9701: Provided 
further, That of the total amount appropriated: (1) $782,915,000 shall 
be for the Center for Food Safety and Applied Nutrition and related 
field activities in the Office of Regulatory Affairs; (2) $880,104,000 
shall be for the Center for Drug Evaluation and Research and related 
field activities in the Office of Regulatory Affairs, of which no less 
than $51,545,000 shall be available for the Office of Generic Drugs; 
(3) $305,249,000 shall be for the Center for Biologics Evaluation and 
Research and for related field activities in the Office of Regulatory 
Affairs; (4) $155,540,000 shall be for the Center for Veterinary 
Medicine and for related field activities in the Office of Regulatory 
Affairs; (5) $349,262,000 shall be for the Center for Devices and 
Radiological Health and for related field activities in the Office of 
Regulatory Affairs; (6) $58,745,000 shall be for the National Center 
for Toxicological Research; (7) $216,523,000 shall be for the Center 
for Tobacco Products and for related field activities in the Office of 
Regulatory Affairs; (8) not to exceed $117,225,000 shall be for Rent 
and Related activities, of which $41,496,000 is for White Oak 
Consolidation, other than the amounts paid to the General Services 
Administration for rent; (9) not to exceed $171,526,000 shall be for 
payments to the General Services Administration for rent; and (10) 
$200,129,000 shall be for other activities, including the Office of the 
Commissioner; the Office of Foods; the Office of the Chief Scientist; 
the Office of Policy, Planning and Budget; the Office of International 
Programs; the Office of Administration; and central services for these 
offices: Provided further, That none of the funds made available under 
this heading shall be used to transfer funds under section 770(n) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided 
further, That not to exceed $25,000 of this amount shall be for 
official reception and representation expenses, not otherwise provided 
for, as determined by the Commissioner: Provided further, That funds 
may be transferred from one specified activity to another with the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and 
priority review user fees authorized by 21 U.S.C. 360n may be credited 
to this account, to remain available until expended.

                        buildings and facilities

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $168,800,000, 
including not to exceed $3,000 for official reception and 
representation expenses, and not to exceed $25,000 for the expenses for 
consultations and meetings hosted by the Commission with foreign 
governmental and other regulatory officials: Provided, That $8,200,000 
of the total amount appropriated under this heading shall not be 
available for obligation until the Commodity Futures Trading Commission 
submits an expenditure plan for fiscal year 2010 to the Committees on 
Appropriations of the House of Representatives and the Senate.

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $54,500,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 204 passenger motor vehicles, of which 170 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702.  Section 10101 of division B of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009, 
(Public Law 110-329) is amended in subsection (b) by inserting at the 
end the following: ``In carrying out this section, the Secretary may 
transfer funds into existing or new accounts as determined by the 
Secretary.''.
    Sec. 703.  The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none 
of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior approval of the 
Committees on Appropriations of both Houses of Congress: Provided 
further, That none of the funds appropriated by this Act or made 
available to the Department's Working Capital Fund shall be available 
for obligation or expenditure to make any changes to the Department's 
National Finance Center without prior approval of the Committees on 
Appropriations of both Houses of Congress as required by section 712 of 
this Act: Provided further, That of annual income amounts in the 
Working Capital Fund of the Department of Agriculture allocated for the 
National Finance Center, the Secretary may reserve not more than 4 
percent for the replacement or acquisition of capital equipment, 
including equipment for the improvement and implementation of a 
financial management plan, information technology, and other systems of 
the National Finance Center or to pay any unforeseen, extraordinary 
cost of the National Finance Center: Provided further, That none of the 
amounts reserved shall be available for obligation unless the Secretary 
submits notification of the obligation to the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That the limitation on the obligation of funds pending 
notification to Congressional Committees shall not apply to any 
obligation that, as determined by the Secretary, is necessary to 
respond to a declared state of emergency that significantly impacts the 
operations of the National Finance Center; or to evacuate employees of 
the National Finance Center to a safe haven to continue operations of 
the National Finance Center.
    Sec. 704.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 707.  Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 708.  None of the funds appropriated by this Act may be used 
to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 709.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
30 days unless the individual's employing agency or office is fully 
reimbursed by the receiving agency or office for the salary and 
expenses of the employee for the period of assignment.
    Sec. 710.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 711.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without the prior approval of the Committees 
on Appropriations of both Houses of Congress: Provided further, That 
none of the funds available to the Department of Agriculture for 
information technology shall be obligated for projects over $25,000 
prior to receipt of written approval by the Chief Information Officer.
    Sec. 712. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which--
        (1) creates new programs;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted;
        (4) relocates an office or employees;
        (5) reorganizes offices, programs, or activities; or
        (6) contracts out or privatizes any functions or activities 
    presently performed by Federal employees; unless the Committees on 
    Appropriations of both Houses of Congress are notified 15 days in 
    advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of 
Congress before implementing a program or activity not carried out 
during the previous fiscal year unless the program or activity is 
funded by this Act or specifically funded by any other Act.
    Sec. 713.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2011 appropriations Act.
    Sec. 714.  None of the funds made available by this or any other 
Act may be used to close or relocate a Rural Development office unless 
or until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: Provided, That not later than 
120 days before the date of the proposed closure or relocation, the 
Secretary notifies the Committees on Appropriation of the House and 
Senate, and the members of Congress from the State in which the office 
is located of the proposed closure or relocation and provides a report 
that describes the justifications for such closures and relocations.
    Sec. 715.  None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 716.  There is hereby appropriated $499,000 for any authorized 
Rural Development program purpose, in communities suffering from 
extreme outmigration and situated in areas that were designated as part 
of an Empowerment Zone pursuant to section 111 of the Community Renewal 
Tax Relief Act of 2000 (as contained in appendix G of Public Law 106-
554).
    Sec. 717.  None of the funds made available in fiscal year 2010 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian 
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall only be 
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson 
Humanitarian Trust Act.
    Sec. 718.  There is hereby appropriated $3,497,000, to remain 
available until expended, for a grant to the National Center for 
Natural Products Research for construction or renovation to carry out 
the research objectives of the natural products research grant issued 
by the Food and Drug Administration.
    Sec. 719.  Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year.
    Sec. 720.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency 
to produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
    Sec. 721.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out the following:
        (1) An Environmental Quality Incentives Program as authorized 
    by sections 1241-240H of the Food Security Act of 1985, as amended 
    (16 U.S.C. 3839aa-3839aa(8)), in excess of $1,180,000,000;
        (2) a program authorized by section 14(h)(1) of the Watershed 
    Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)); and
        (3) a program under subsection (b)(2)(A)(ii) of section 14222 
    of Public Law 110-246 in excess of $1,123,000,000: Provided, That 
    none of the funds made available in this Act or any other Act shall 
    be used for salaries and expenses to carry out section 19(i)(1)(C) 
    of the Richard B. Russell National School Lunch Act as amended by 
    section 4304 of Public Law 110-246 in excess of $25,000,000, 
    including the transfer of funds under subsection (c) of section 
    14222 of Public Law 110-246, until October 1, 2010: Provided 
    further, That $76,000,000 made available on October 1, 2010, to 
    carry out section 19(i)(1)(C) of the Richard B. Russell National 
    School Lunch Act as amended by section 4304 of Public Law 110-246 
    shall be excluded from the limitation described in subsection 
    (b)(2)(A)(iii) of section 14222 of Public Law 110-246: Provided 
    further, That all unobligated balances under section 32 of the Act 
    of August 24, 1935, available as of September 30, 2009, are hereby 
    rescinded.
    Sec. 722.  Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or 
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 723.  There is hereby appropriated $2,600,000, to remain 
available until expended, for the construction, interim operations, and 
necessary demolition needs for establishment of an agricultural pest 
facility in the State of Hawaii.
    Sec. 724.  There is hereby appropriated $4,000,000 to the Secretary 
of Agriculture to award grant(s) to develop and field test new food 
products designed to improve the nutritional delivery of humanitarian 
food assistance provided through the McGovern-Dole (section 3107 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1)) and 
the Food for Peace title II (7 U.S.C. 1691 et seq.) programs: Provided, 
That the Secretary shall use the authorities provided under the 
Research, Education, and Economics mission area of the Department in 
awarding such grant(s), with priority given to proposals that 
demonstrate partnering with and in-kind support from the private 
sector.
    Sec. 725.  None of the funds made available to the Department of 
Agriculture in this Act may be used to implement the risk-based 
inspection program in the 30 prototype locations announced on February 
22, 2007, by the Under Secretary for Food Safety, or at any other 
locations, until the USDA Office of Inspector General has provided its 
findings to the Food Safety and Inspection Service and the Committees 
on Appropriations of the House of Representatives and the Senate on the 
data used in support of the development and design of the risk-based 
inspection program and FSIS has addressed and resolved issues 
identified by OIG.
    Sec. 726.  Notwithstanding any other provision of law, and until 
receipt of the decennial census for the year 2010, the Secretary of 
Agriculture--
        (1) shall consider--
            (A) the unincorporated area of Los Osos, California, the 
        city of Imperial, California, and the Harrisville Fire 
        District, Rhode Island, to be rural areas for the purposes of 
        eligibility for Rural Utilities Service water and waste 
        disposal loans and grants;
            (B) the incorporated community of Thermalito in Butte 
        County, California, (including individuals and entities with 
        projects within the community) eligible for loans and grants 
        funded under the housing programs of the Rural Housing Service;
            (C) the city of Lumberton, North Carolina, and the city of 
        Sanford, North Carolina (including individuals and entities 
        with projects within the city) eligible for loans and grants 
        funded through the Rural Community Facilities Program Account; 
        and
            (D) the city of Nogales, Arizona (including individuals and 
        entities with projects within the city) eligible for loans and 
        grants funded through the housing programs of the Rural Housing 
        Service; and
        (2) may fund Rural Community Facility Program projects of the 
    Rural Housing Service and Water and Waste Disposal Program projects 
    of the Rural Utilities Service for communities and municipal 
    districts and areas in Connecticut, Massachusetts, and Rhode Island 
    that filed applications for such projects with the appropriate 
    Rural Development field office of the Department of Agriculture 
    prior to August 1, 2009, and that such projects were determined by 
    the field office to be eligible for funding.
    Sec. 727.  There is hereby appropriated $3,000,000 for section 4404 
of Public Law 107-171.
    Sec. 728.  Notwithstanding any other provision of law, there is 
hereby appropriated:
        (1) $3,000,000 of which $2,000,000 shall be for a grant to the 
    Wisconsin Department of Agriculture, Trade, and Consumer 
    Protection, and $1,000,000 shall be for a grant to the Vermont 
    Agency of Agriculture, Foods, and Markets, as authorized by section 
    6402 of the Farm Security and Rural Investment Act of 2002 (7 
    U.S.C. 1621 note);
        (2) $350,000 for a grant to the Wisconsin Department of 
    Agriculture, Trade and Consumer Protection;
        (3) $1,000,000 shall be for development of a prototype for a 
    national carbon inventory and accounting system for forestry and 
    agriculture;
        (4) $1,000,000 for the International Food Protection Training 
    Institute; and
        (5) $200,000 for the Center for Foodborne Illness Research and 
    Prevention.
    Sec. 729.  Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance through the Watershed and Flood Prevention Operations 
program to carry out--
        (1) the Alameda Creek Watershed Project in Alameda County, 
    California;
        (2) the Hurricane Katrina-Related Watershed Restoration project 
    in Jackson County, Mississippi;
        (3) the Pidcock-Mill Creeks Watershed project in Bucks County, 
    Pennsylvania;
        (4) the Farmington River Restoration project in Litchfield 
    County, Connecticut;
        (5) the Lake Oscawana Management and Restoration project in 
    Putnam County, New York;
        (6) the Richland Creek Reservoir in Paulding County, Georgia;
        (7) the Pocasset River Floodplain Management Project in the 
    State of Rhode Island;
        (8) the East Locust Creek Watershed Plan Revision in Missouri, 
    including up to 100 percent of the engineering assistance and 75 
    percent cost share for construction cost of site RW1;
        (9) the Little Otter Creek Watershed project in Missouri. The 
    sponsoring local organization may obtain land rights by perpetual 
    easements;
        (10) the DuPage County Watershed project in the State of 
    Illinois;
        (11) the Dunloup Creek Watershed Project in Fayette and Raleigh 
    Counties, West Virginia;
        (12) the Dry Creek Watershed project in the State of 
    California; and
        (13) the Upper Clark Fork Watershed project in the State of 
    Montana.
    Sec. 730.  Section 17(r)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
        (1) by inserting ``the District of Columbia and'' after the 
    first instance of ``institutions located in'';
        (2) by striking ``ten'' and inserting ``thirteen'';
        (3) by striking ``eight'' and inserting ``eleven''; and
        (4) by inserting ``Connecticut, Nevada, Wisconsin,'' after the 
    first instance of ``States shall be''.
    Sec. 731.  Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 732.  Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this 
Act for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2011, for information 
technology expenses.
    Sec. 733.  The Secretary of Agriculture may authorize a State 
agency to use funds provided in this Act to exceed the maximum amount 
of liquid infant formula specified in 7 C.F.R. 246.10 when issuing 
liquid infant formula to participants.
    Sec. 734. (a) Child Nutrition Programs.--Section 9(b) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is 
amended by adding at the end the following:
        ``(14) Combat pay.--
            ``(A) Definition of combat pay.--In this paragraph, the 
        term `combat pay' means any additional payment under chapter 5 
        of title 37, United States Code, or otherwise designated by the 
        Secretary to be appropriate for exclusion under this paragraph, 
        that is received by or from a member of the United States Armed 
        Forces deployed to a designated combat zone, if the additional 
        pay--
                ``(i) is the result of deployment to or service in a 
            combat zone; and
                ``(ii) was not received immediately prior to serving in 
            a combat zone.
            ``(B) Exclusion.--Combat pay shall not be considered to be 
        income for the purpose of determining the eligibility for free 
        or reduced price meals of a child who is a member of the 
        household of a member of the United States Armed Forces.''.
    (b) Special Supplemental Nutrition Program for Women, Infants, and 
Children.--Section 17(d)(2) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(d)(2)) is amended--
        (1) by redesignating subparagraph (C) as subparagraph (D); and
        (2) by inserting after subparagraph (B) the following:
            ``(C) Combat pay.--For the purpose of determining income 
        eligibility under this section, a State agency shall exclude 
        from income any additional payment under chapter 5 of title 37, 
        United States Code, or otherwise designated by the Secretary to 
        be appropriate for exclusion under this subparagraph, that is 
        received by or from a member of the United States Armed Forces 
        deployed to a designated combat zone, if the additional pay--
                ``(i) is the result of deployment to or service in a 
            combat zone; and
                ``(ii) was not received immediately prior to serving in 
            a combat zone.''.
    Sec. 735.  There is hereby appropriated $1,000,000 for the grant 
program for the purpose of obtaining and adding to an anhydrous ammonia 
fertilizer nurse tank a substance to reduce the amount of 
methamphetamine that can be produced from any anhydrous ammonia removed 
from the nurse tank as authorized by section 14203 of the Food, 
Conservation, and Energy Act of 2008 (21 U.S.C. 864a).
    Sec. 736.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 737.  Agencies with jurisdiction for carrying out 
international food assistance programs under the jurisdiction of this 
Act, including title II of the Food for Peace Act and the McGovern-Dole 
International Food for Education Program, shall--
        (1) provide to the Committees on Appropriations of the House 
    and the Senate no later than May 1, 2010, the following:
            (A) estimates on cost-savings and programmatic efficiencies 
        that would result from increased use of pre-positioning of food 
        aid commodities and processes to ensure such cargoes are 
        appropriately maintained to prevent spoilage;
            (B) estimates on cost-savings and programmatic efficiencies 
        that would result from the use of longer-term commodity 
        procurement contracts, the proportional distribution of 
        commodity purchases throughout the fiscal year, longer-term 
        shipping contracts, contracts which include shared-risk 
        principles, and adoptions of other commercially acceptable 
        contracting practices;
            (C) estimates on costs of domestic procurement of 
        commodities, domestic inland transportation of food aid 
        commodities, domestic storage (including loading and 
        unloading), foreign storage (including loading and unloading), 
        foreign inland transportation, and ocean freight (including 
        ocean freight as adjusted by the ocean freight differential 
        reimbursement provided by the Secretary of Transportation), and 
        costs relating to allocation and distribution of commodities in 
        recipient countries;
            (D) information on the frequency of delays in transporting 
        food aid commodities, the cause or purpose of any delays 
        (including how those delays are tracked, monitored and 
        resolved), missed schedules by carriers and non-carriers (and 
        resulting program costs due to such delays, including impacts 
        to program beneficiaries);
            (E) information on the methodologies to improve interagency 
        coordination between host governments, the World Food Program, 
        and non-governmental organization to develop more consistent 
        estimates of food aid needs and the number of intended 
        recipients to appropriately inform the purchases of commodities 
        and in order to appropriately plan for commodity procurement 
        for food aid programs;
        (2) provide the matter described under subsection (1) of this 
    section in the form of a consensus report under the signatures of 
    the Secretaries of Agriculture, State, and Transportation; and
        (3) estimates and cost savings analysis for this section shall 
    be derived from periods representative of normal program 
    operations.
    Sec. 738.  There is hereby appropriated $250,000, to remain 
available until expended, for a grant to the Kansas Farm Bureau 
Foundation for work-force development initiatives to address out-
migration in rural areas.
    Sec. 739.  There is hereby appropriated $800,000 to the Farm 
Service Agency to carry out a pilot program to demonstrate the use of 
new technologies that increase the rate of growth of re-forested 
hardwood trees on private non-industrial forests lands, enrolling lands 
on the coast of the Gulf of Mexico that were damaged by Hurricane 
Katrina in 2005.
    Sec. 740. (a) The Commissioner of Food and Drugs shall establish 
within the Food and Drug Administration a review group which shall 
recommend to the Commissioner of Food and Drugs appropriate 
preclinical, trial design, and regulatory paradigms and optimal 
solutions for the prevention, diagnosis, and treatment of rare 
diseases: Provided, That the Commissioner of Food and Drugs shall 
appoint individuals employed by the Food and Drug Administration to 
serve on the review group: Provided further, That members of the review 
group shall have specific expertise relating to the development of 
articles for use in the prevention, diagnosis, or treatment of rare 
diseases, including specific expertise in developing or carrying out 
clinical trials.
    (b) The Commissioner of Food and Drugs shall establish within the 
Food and Drug Administration a review group which shall recommend to 
the Commissioner of Food and Drugs appropriate preclinical, trial 
design, and regulatory paradigms and optimal solutions for the 
prevention, diagnosis, and treatment of neglected diseases of the 
developing world: Provided, That the Commissioner of Food and Drugs 
shall appoint individuals employed by the Food and Drug Administration 
to serve on the review group: Provided further, That members of the 
review group shall have specific expertise relating to the development 
of articles for use in the prevention, diagnosis, or treatment of 
neglected diseases of the developing world, including specific 
expertise in developing or carrying out clinical trials: Provided 
further, That for the purposes of this section the term ``neglected 
disease of the developing world'' means a tropical disease, as defined 
in section 524(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360n(a)(3)).
    (c) The Commissioner of Food and Drugs shall--
        (1) submit, not later than 1 year after the date of the 
    establishment of review groups under subsections (a) and (b), a 
    report to Congress that describes both the findings and 
    recommendations made by the review groups under subsections (a) and 
    (b);
        (2) issue, not later than 180 days after submission of the 
    report to Congress under paragraph (1), guidance based on such 
    recommendations for articles for use in the prevention, diagnosis, 
    and treatment of rare diseases and for such uses in neglected 
    diseases of the developing world; and
        (3) develop, not later than 180 days after submission of the 
    report to Congress under paragraph (1), internal review standards 
    based on such recommendations for articles for use in the 
    prevention, diagnosis, and treatment of rare diseases and for such 
    uses in neglected diseases of the developing world.
    Sec. 741.  There is hereby appropriated $2,600,000 to carry out 
section 1621 of Public Law 110-246 and $3,000,000 to carry out section 
1613 of Public Law 110-246.
    Sec. 742.  Of the unobligated balances provided pursuant to section 
16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 is 
hereby rescinded.
    Sec. 743. (a) None of the funds made available by this Act may be 
used to promulgate or implement a poultry products inspection rule 
allowing processed poultry or processed poultry products to be imported 
into the United States from the People's Republic of China unless the 
Secretary of Agriculture formally notifies Congress that the Department 
will--
        (1) not provide any preferential consideration to any 
    application by the People's Republic of China for authorization to 
    export poultry or poultry products to the United States;
        (2) conduct audits of inspection systems and on-site reviews of 
    slaughter and processing facilities, laboratories and other control 
    operations before any Chinese facilities are certified as eligible 
    to ship poultry or poultry products to the United States and, in 
    subsequent years, to conduct such audits and reviews at least once 
    annually or more frequently as the Secretary determines necessary;
        (3) implement a significantly increased level of port of entry 
    re-inspection;
        (4) establish and conduct a formal and expeditious information 
    sharing program with other countries importing processed poultry or 
    processed poultry products from China that have conducted audits 
    and plant inspections;
        (5) report to the House and Senate Committees on Appropriations 
    within 120 days of the date of enactment of this Act, and every 180 
    days thereafter for an indefinite period, with respect to the 
    promulgation or implementation of any poultry products inspection 
    rule authorizing the People's Republic of China to export poultry 
    or poultry products to the United States, including--
            (A) actions taken or to be taken by the Secretary, 
        including new audits and on-site reviews, to implement any 
        poultry products inspection rule authorizing the People's 
        Republic of China to export processed poultry or processed 
        poultry products to the United States;
            (B) actions taken or to be taken by the Secretary, 
        including new audits and on-site reviews, to determine whether 
        the poultry inspection system of the People's Republic of China 
        achieves a level of sanitary protection equivalent to that 
        achieved under United States standards;
            (C) actions taken or to be taken by the Secretary to 
        determine whether the administration and enforcement of the 
        poultry and poultry products inspection system of the People's 
        Republic of China ensures that it achieves a level of sanitary 
        protection equivalent to that achieved under United States 
        standards;
            (D) the level of port of entry re-inspections to be 
        conducted on processed poultry and processed poultry products 
        offered for importation into the United States from the 
        People's Republic of China; and
            (E) a work plan incorporating any understandings or 
        agreements between FSIS and relevant authorities of the 
        People's Republic of China with respect to carrying out the 
        Secretary's assessment of the equivalency of the poultry 
        products inspection system of the People's Republic of China;
        (6) make publicly available, no later than 30 days from the 
    date they are finalized, the reports of any new audits and on-site 
    reviews conducted by the Secretary, and, in addition, when such 
    audit or review is being conducted to determine whether the 
    People's Republic of China's poultry inspection system achieves a 
    level of sanitary protection equivalent to that achieved under 
    United States standards, to make the final report of such audit or 
    review publicly available no later than 30 days prior to the 
    publication of any notice of proposed rulemaking for such 
    determination; and
        (7) make publicly available a list of facilities in the 
    People's Republic of China certified to export poultry or poultry 
    products to the United States and to notify the House and Senate 
    Committees on Appropriations if the number of facilities certified 
    by the People's Republic of China exceeds ten.
    (b) None of the funds made available by this Act may be used to 
promulgate any proposed or final rule allowing the importation into the 
United States of poultry slaughtered or poultry products produced from 
poultry slaughtered in the People's Republic of China unless such rule 
is promulgated in accordance with the procedures for significant rules 
specified in Executive Order 12866.
    (c) This section shall be applied in a manner consistent with 
United States obligations under its international trade agreements.
    Sec. 744.  None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to--
        (1) inspect horses under section 3 of the Federal Meat 
    Inspection Act (21 U.S.C. 603);
        (2) inspect horses under section 903 of the Federal Agriculture 
    Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 
    104-127); or
        (3) implement or enforce section 352.19 of title 9, Code of 
    Federal Regulations.
    Sec. 745. (a) Section 531(g)(7)(F) of the Federal Crop Insurance 
Act (7 U.S.C. 1531(g)(7)(F)) is amended--
        (1) in the matter preceding clause (i), by inserting 
    ``(including multiyear assistance)'' after ``assistance''; and
        (2) in clause (i), by inserting ``or multiyear production 
    losses'' after ``a production loss''.
    (b) Section 901(g)(7)(F) of the Trade Act of 1974 (19 U.S.C. 
2497(g)(7)(F)) is amended--
        (1) in the matter preceding clause (i), by inserting 
    ``(including multiyear assistance)'' after ``assistance''; and
        (2) in clause (i), by inserting ``or multiyear production 
    losses'' after ``a production loss''.
    Sec. 746. (a) Department of Agriculture Assistance During Pandemic 
Emergency.--During fiscal year 2010, in any case in which a school is 
closed for at least 5 consecutive days during a pandemic emergency 
designation, each household containing at least 1 member who is an 
eligible child attending the school shall be eligible to receive 
assistance pursuant to a State agency plan approved under subsection 
(b).
    (b) Assistance.--To carry out this section, the Secretary of 
Agriculture may approve State agency plans for temporary emergency 
standards of eligibility and levels of benefits under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with 
eligible children. Plans approved by the Secretary may provide for 
supplemental allotments to households receiving benefits under such 
Act, and issuances to households not already receiving benefits. Such 
level of benefits shall be determined by the Secretary in an amount not 
less than the value of meals at the free rate over the course of 5 
school days for each eligible child in the household.
    (c) Minimum Closure Requirement.--The Secretary of Agriculture 
shall not provide assistance under this section in the case of a school 
that is closed for less than 5 consecutive days.
    (d) Use of EBT System.--A State agency may provide assistance under 
this section through the EBT card system established under section 7 of 
the Food and Nutrition Act of 2008 (7 U.S.C. 2016).
    (e) Release of Information.--Notwithstanding any other provision of 
law, the Secretary of Agriculture may authorize State educational 
agencies and school food authorities administering a school lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) to release to appropriate officials administering 
the supplemental nutrition assistance program such information as may 
be necessary to carry out this section.
    (f) Waivers.--To facilitate implementation of this section, the 
Secretary of Agriculture may approve waivers of the limits on 
certification periods otherwise applicable under section 3(f) of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting 
requirements otherwise applicable under section 5(f) of such Act (7 
U.S.C. 2014(f)), and other administrative requirements otherwise 
applicable to State agencies under such Act.
    (g) Funding.--The Secretary of Agriculture shall use funds made 
available under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) to fund, with the exception of the commodities described in 
subsection (h), benefits provided under this section.
    (h) Availability of Commodities.--During fiscal year 2010, the 
Secretary of Agriculture may utilize funds appropriated under section 
32 of the Act of August 24, 1935 (7 U.S.C. 612c) to purchase 
commodities for emergency distribution in any area of the United States 
during a pandemic emergency designation.
    (i) Definitions.--In this section:
        (1) The term ``eligible child'' means a child (as defined in 
    section 12(d) of the Richard B. Russell National School Lunch Act 
    (42 U.S.C. 1760(d)) who, if not for the closure of the school 
    attended by the child during a pandemic emergency designation and 
    due to concerns about an influenza pandemic, would receive free or 
    reduced price school meals under the Richard B. Russell National 
    School Lunch Act (42 U.S.C. 175l et seq.) at the school.
        (2) The term ``pandemic emergency designation'' means the 
    declaration--
            (A) of a public health emergency, based on pandemic 
        influenza, by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d); 
        or
            (B) of a domestic emergency, based on pandemic influenza, 
        by the Secretary of Homeland Security.
        (3) The term ``school'' has the meaning given the term in 
    section 12(d) of the Richard B. Russell National School Lunch Act 
    (42 U.S.C. 1760(d)).
    Sec. 747.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-181) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.
    Sec. 748. (a) There is hereby appropriated $350,000,000 of which 
$60,000,000 is provided for purchases of cheese and other dairy 
products under 7 U.S.C. 2036(a) and $290,000,000 is provided to the 
Secretary of Agriculture to assist dairy producers under section 10104 
of Public Law 107-171.
    (b)(1) Regulations.--The Secretary of Agriculture may promulgate 
such regulations as are necessary to implement this section.
    (2) Procedure.--The promulgation of the implementing regulations 
and the administration of this section shall be made without regard 
to--
        (A) the notice and comment provisions of section 553 of title 
    5, United States Code;
        (B) the Statement of Policy of the Secretary of Agriculture 
    effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices 
    of proposed rulemaking and public participation in rulemaking; and
        (C) chapter 35 of title 44, United States Code (commonly known 
    as the ``Paperwork Reduction Act'').
    (3) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary of Agriculture shall use the authority 
provided under section 808 of title 5, United States Code.
    Sec. 749. (a) Section 6(e)(1)(B) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking 
``2009'' and inserting ``2010''.
    (b) Section 9(f)(5) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(f)(5)) is amended by striking ``2009'' and 
inserting ``2010''.
    (c)(1) Section 9(h)(3) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking ``2009'' and 
inserting ``2010''.
    (2) Section 9(h)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(h)(4)) is amended by striking ``2009'' and 
inserting ``2010''.
    (d) Section 18(h)(5) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769(h)(5)) is amended by striking ``2009'' and 
inserting ``2010''.
    (e) Section 21(g)(1)(A)(ii) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)(ii)) is amended by 
striking ``and October 1, 2008'' and inserting ``October 1, 2008, and 
October 1, 2009''.
    (f) Section 26(d) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769g(d)) is amended by striking ``2009'' and inserting 
``2010''.
    (g)(1) From the funds made available under paragraph (5), the 
Secretary shall carry out demonstration projects to develop and test 
methods of providing access to food for children in urban and rural 
areas during the summer months when schools are not in regular session 
to--
        (A) reduce or eliminate the food insecurity and hunger of 
    children; and
        (B) improve the nutritional status of children.
    (2) For purposes of this subsection, the term ``children'' means 
low-income children, as specified by the Secretary.
    (3)(A) From the funds made available under paragraph (5), the 
Secretary shall provide for an independent evaluation of the 
demonstration projects carried out under this subsection, which shall 
use rigorous methodologies, including--
        (i) random assignment of children or schools, where 
    practicable; or
        (ii) if random assignment of children or schools is not 
    practicable, quasi-experimental or other methods that are capable 
    of producing scientifically valid information regarding which 
    projects are effective in achieving the purposes described in 
    paragraph (1).
    (B)(i) Not later than December 31, 2010, and each December 31 
thereafter until the completion of the last evaluation conducted under 
subparagraph (A) the Secretary shall submit to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a report that 
includes--
        (I) the status of each demonstration project carried out under 
    this subsection; and
        (II) the results of the evaluations conducted under 
    subparagraph (A) for the previous fiscal year.
    (ii) Not later than 120 days after the completion of the last 
evaluation conducted under subparagraph (A), the Secretary shall submit 
to the Committee on Education and Labor of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the Senate 
a report that includes recommendations on how to improve children's 
access to food during the summer months when school is not in regular 
session.
    (4) The Secretary may use funds made available under paragraph (5) 
to pay--
        (A) participant benefits;
        (B) the added administrative expenses incurred by participating 
    organizations as a result of participating in a project under this 
    subsection;
        (C) costs associated with outreach to potential participants 
    and potential sponsoring organizations; and
        (D) costs associated with soliciting, administering, 
    monitoring, and evaluating each demonstration project carried out 
    under this subsection.
    (5)(A) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this subsection $85,000,000, to remain 
available until expended.
    (B) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this subsection the funds transferred under 
subparagraph (A), without further appropriation.
    (h)(1)(A) From the funds made available under subparagraph (C), the 
Secretary shall provide assistance through grants to State agencies 
administering the National School Lunch Program under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) with the 
lowest rates of children certified for free meals pursuant to 
paragraphs (4) and (5) of section 9(b) of such Act (42 U.S.C. 
1758(b)(4); 1758(b)(5)) for the purpose of improving such rates.
    (B) Under the terms and conditions established by the Secretary, a 
State receiving grant funds under this subsection may use such funds to 
pay costs related to improving the rate of direct certification in such 
State, including the costs related to--
        (i) making technology improvements;
        (ii) providing technical assistance to local educational 
    agencies;
        (iii) implementing a new or revised direct certification system 
    in such State and in the local educational agencies of such State; 
    and
        (iv) using multiple public means tested benefits programs for 
    the purpose of direct certification.
    (C)(i) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this paragraph $22,000,000, to remain 
available until expended.
    (ii) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this paragraph the funds transferred under 
clause (i), without further appropriation.
    (2)(A) From the funds made available under subparagraph (B), the 
Secretary shall provide technical assistance to assist States receiving 
grants under paragraph (1), and other States, as appropriate, in 
improving the rates of direct certification.
    (B)(i) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this paragraph $3,000,000, to remain 
available until expended.
    (ii) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this paragraph the funds transferred under 
clause (i), without further appropriation.
    (i)(1) From the funds made available under paragraph (4), in 
carrying out the special supplemental nutrition program for women, 
infants, and children established by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786 et seq.) (in this subsection referred to as 
the ``program'') during fiscal year 2010, the Secretary shall provide 
performance bonus payments to State agencies that demonstrate--
        (A) the highest proportion of breastfed infants, as compared to 
    other State agencies participating in the program; or
        (B) the greatest improvement in proportion of breastfed 
    infants, as compared to other State agencies participating in the 
    program.
    (2) In providing performance bonus payments to State agencies under 
this subsection, the Secretary shall consider a State agency's 
proportion of participating fully breastfed infants.
    (3) A State agency that receives a performance bonus under 
paragraph (1)--
        (A) shall treat the funds as program income; and
        (B) may transfer the funds to local agencies for use in 
    carrying out the program.
    (4)(A) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this subsection $5,000,000.
    (B) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this subsection the funds transferred under 
subparagraph (A), without further appropriation.
    (j)(1) From the funds made available under paragraph (5), the 
Secretary shall make payments to State educational agencies to award 
grants to eligible school food authorities for the purchase of 
equipment for schools under the jurisdiction of such authorities.
    (2)(A) Payments under paragraph (1) shall be allocated to State 
educational agencies in a manner proportional with each agency's 
administrative expense allocation under section 7(a)(2) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)).
    (B) If a State educational agency does not accept or use the 
amounts made available under its allocation in accordance with this 
subsection, the Secretary shall reallocate such amounts to other State 
educational agencies, as the Secretary determines necessary.
    (3)(A) Not later than 180 days after receiving an allocation under 
this subsection, a State educational agency shall award grants, on a 
competitive basis, to eligible school food authorities.
    (B) For the purposes of this subsection, the term ``eligible school 
food authority'' means a school food authority--
        (i) participating in the National School Lunch Program 
    established under the Richard B. Russell National School Lunch 
    Program (42 U.S. C. 1751 et seq.); and
        (ii) that did not receive a grant for equipment assistance 
    under the grant program carried out pursuant to the heading ``Food 
    and Nutrition Service Child Nutrition Programs'' in title I of 
    division A of the American Recovery and Reinvestment Act of 2009 
    (Public Law 111-5).
    (C) To qualify to receive a grant under this subsection, an 
eligible school food authority shall--
        (i) submit an application to a State educational agency at such 
    time, in such manner, and containing such information as the State 
    educational agency may require; or
        (ii) have submitted an application to receive equipment 
    assistance under the grant program carried out pursuant to the 
    heading ``Food and Nutrition Service Child Nutrition Programs'' in 
    title I of division A of the American Recovery and Reinvestment Act 
    of 2009 (Public law 111-5).
    (D) In awarding grants to eligible school food authorities, a State 
shall give priority to each eligible school food authority whose 
application demonstrates that in providing equipment assistance to 
schools with funds received under this subsection, it will give 
priority to schools where not less than 50 percent of the enrolled 
students are eligible for free or reduced price meals under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
    (E) Under the terms and conditions established by the Secretary, an 
eligible school food authority receiving a grant under this subsection 
shall use such funds to purchase equipment for schools under the 
jurisdiction of the school food authority--
        (i) to improve the quality of school meals, consistent with the 
    goals of the most recent Dietary Guidelines for Americans published 
    under section 301 of the National Nutrition Monitoring and Related 
    Research Act of 1990 (7 U.S.C. 5341);
        (ii) to improve the safety of food served in the school meal 
    programs established under the Richard B. Russell National School 
    Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 
    1966 (42 U.S.C. 1771 et seq.);
        (iii) to improve the overall energy efficiency of school 
    foodservice operations; or
        (iv) for other purposes as established by the Secretary.
    (4) A State educational agency receiving an allocation under this 
subsection may not use more than 5 percent of such allocation for 
administrative costs associated with awarding grants to eligible school 
food authorities in accordance with this subsection.
    (5)(A) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this subsection $25,000,000, to remain 
available until expended.
    (B) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this subsection the funds transferred under 
subparagraph (A), without further appropriation.
    (k)(1) The purpose of this subsection is to provide grants, on a 
competitive basis, to State agencies administering the child and adult 
care food program established under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766) (referred to in this 
section as ``the program'') for the purpose of improving the health and 
nutrition of children in child care settings.
    (2) From the funds made available under paragraph (8), the 
Secretary shall award grants, on a competitive basis, to State agencies 
administering the program for the purpose of promoting health and 
nutrition improvement in child care settings.
    (3) In awarding grants under this subsection, the Secretary shall 
give priority to State agencies administering projects under the 
program that carry out each of the authorized uses of funds described 
in paragraph (7).
    (4) A State receiving a grant under this subsection shall use not 
less than 50 percent of such grant funds to award subgrants to 
institutions for the purpose of conducting the activities described in 
paragraph (6).
    (5) For the purposes of this subsection, the term ``institution'' 
has the meaning given such term in section 17(a)(2) of the Richard B. 
Russell National School Lunch Act (42 U.S.C.1766(a)(2)).
    (6) To be eligible to receive funds under this subsection, a State 
agency shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, which shall include--
        (A) a plan to improve the quality of food provided in--
            (i) child care centers; and
            (ii) family or group day care homes; and
        (B) a description of--
            (i) the procedures by which the State agency will use the 
        grant received under this subsection to award subgrants to 
        institutions; and
            (ii) the criteria that the State agency will use in 
        awarding such subgrants.
    (7) In addition to such other activities as the Secretary 
determines to be appropriate, State agencies and institutions may use 
funds provided under this subsection for activities that--
        (A) promote nutrition and physical activity in child care 
    settings and that reflect the recommendations of--
            (i) the most recent version of the Dietary Guidelines for 
        Americans published under section 301 of the National Nutrition 
        Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); 
        and
            (ii) the most recent scientific knowledge;
        (B) provide technical assistance and training to sponsors and 
    providers of child care centers and family or group day care homes 
    in implementing State or local initiatives designed to improve the 
    health and nutrition of children;
        (C) perform outreach campaigns on the State or local level that 
    are designed to increase access to the program in underserved areas 
    and populations; and
        (D) make innovative use of technology to provide training and 
    education to promote the nutrition, physical activity, and health 
    of children.
    (8)(A) On October 1, 2009, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary to carry out this subsection $8,000,000, to remain 
available until expended.
    (B) The Secretary shall be entitled to receive, shall accept, and 
shall use to carry out this subsection the funds transferred under 
subparagraph (A), without further appropriation.
    (l) For purposes of this section, the term ``Secretary'' means the 
Secretary of Agriculture.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2010''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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