In the nature of a substitute.

SA 1908. Mr. KOHL (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill H.R. 2997, 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; as follows:

Strike all after the enacting clause and insert the
following:

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,
$15,219,000.

office of budget and program analysis

For necessary expenses of the Office of Budget and Program
Analysis, $9,436,0000.

office of homeland security

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

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, $63,579,000.

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,
$23,422,000.

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, $274,482,000, to
remain available until expended, of which $168,901,000 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 $92,081,000 for buildings operations
and maintenance expenses: Provided, 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
developmental 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, $88,025,000, 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,
$82,078,000.

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,
$1,181,632,000, of which $35,512,000 shall be for the
purposes, and in the amounts, specified in the table titled
``Congressionally Designated Projects'' in the report 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

[[Page S8575]]

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, $47,027,000, of which $47,027,000 shall
be for the purposes, and in the amounts, specified in the
table titled ``Congressionally Designated Projects'' in the
report 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, $757,821,000, of which $61,406,000 shall
be for the purposes, and in the amounts, specified in the
table titled ``Congressionally Designated Projects'' in the
report 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), $30,000,000; for payments to
eligible institutions (7 U.S.C. 3222), $49,000,000, provided
that each institution receives no less than $1,000,000; for
special grants (7 U.S.C. 450i(c)), $50,456,000; for
competitive grants on improved pest control (7 U.S.C.
450i(c)), $16,423,000; for competitive grants (7 U.S.C.
450(i)(b)), $295,181,000, to remain available until expended;
for the support of animal health and disease programs (7
U.S.C. 3195), $1,000,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $850,000; 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), $2,000,000, 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), $5,000,000, 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)), $981,000, to remain available until expended (7
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $7,737,000; 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, $16,500,000, 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), $800,000; 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), $750,000; for a competitive grants
program for farm business management and benchmarking (7
U.S.C. 5925f), $2,000,000; for a competitive grants program
regarding biobased energy (7 U.S.C. 8114), $1,500,000; and
for necessary expenses of Research and Education Activities,
$25,111,000, 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, $491,292,000, of which
$7,898,000 shall be for the purposes, and in the amounts,
specified in the table titled ``Congressionally Designated
Projects'' in the report 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, $300,000,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$4,000,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$68,139,000; payments for the pest management program under
section 3(d) of the Act, $10,085,000; 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, $2,000,000; payments to upgrade research,
extension, and teaching facilities at institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, $18,540,000,
to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act,
$8,427,000; for youth farm safety education and certification
extension grants, to be awarded competitively under section
3(d) of the Act, $493,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978
(16 U.S.C. 1671 et seq.), $4,128,000; payments for the
federally-recognized Tribes Extension Program under section
3(d) of the Smith-Lever Act, $3,090,000; 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),
$41,354,000, provided that each institution receives no less
than $1,000,000; for grants to youth organizations pursuant
to 7 U.S.C. 7630, $1,767,000; 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, $500,000; and for
necessary expenses of Extension Activities, $16,463,000.

integrated activities

For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$56,864,000, 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),
$41,990,000, 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
$1,842,000 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), $911,394,000,
of which $18,059,000 shall be for the purposes, and in the
amounts, specified in the table titled ``Congressionally
Designated Projects'' in the report 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
$14,607,000 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 $1,000,000 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

[[Page S8576]]

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, $90,848,000: 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 not less than $20,000,000 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, $41,564,000: 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 150 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, $1,892,990,000, of which $1,500,000,000
shall be for unsubsidized guaranteed loans and $392,990,000
shall be for direct loans; operating loans, $1,994,467,000,
of which $1,150,000,000 shall be for unsubsidized guaranteed
loans, $144,467,000 shall be for subsidized guaranteed loans
and $700,000,000 shall be for direct loans; Indian tribe land
acquisition loans, $2,000,000; 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, $21,584,000, of which $5,550,000 shall be for
unsubsidized guaranteed loans, and $16,034,000 shall be for
direct loans; operating loans, $80,402,000, of which
$26,910,000 shall be for unsubsidized guaranteed loans,
$20,312,000 shall be for subsidized guaranteed loans, and
$33,180,000 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

[[Page S8577]]

$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,
$79,425,000: 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, $949,577,000, to remain available
until September 30, 2011, of which up to $50,730,000 may be
used 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-590f); and subtitle H of
title XV of the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), and of which $21,511,000 shall be for the
purposes, and in the amounts, specified in the table titled
``Congressionally Designated Projects'' in the report 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, $24,394,000, to remain
available until expended, of which $16,750,000 shall be for
the purposes, and in the amounts, specified in the table
titled ``Congressionally Designated Projects'' in the report
to accompany this Act: Provided, That not to exceed
$15,000,000 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.

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; $207,237,000:
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: $13,226,501,000 for loans to
section 502 borrowers, of which $1,226,501,000 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, $217,322,000, of which $44,522,000 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 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,
which 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

[[Page S8578]]

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 may
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,
$39,651,000, to remain available until expended: Provided,
That of the funds made available under this heading,
$18,000,000 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
(including the ability to pay administrative costs related to
delivery of the voucher funds): 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, $19,860,000 shall be
available for a demonstration program for the preservation
and revitalization of the section 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
the Secretary may use any unobligated funds appropriated for
the rural housing voucher program in a prior fiscal year to
support information technology activities of the Rural
Housing Service to the extent the Secretary determines that
additional funds are not needed for this fiscal year to
provide vouchers described in this paragraph: 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 notification of the Committees on
Appropriations of both Houses of Congress.

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), $38,727,000, to
remain available until expended.

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, $41,500,000, to remain
available until expended: Provided, 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, $16,968,000, 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 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

[[Page S8579]]

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 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.
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, $43,000,000 shall not be
obligated and $43,000,000 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(i)), $38,854,000, 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 $21,867,000, 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, $22,000,000 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), $68,130,000: 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.

Biorefinery Assistance Program Account

For the cost of guaranteed loans, $17,339,000, as
authorized by section 9003 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107): 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.

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 such loans and
grants shall not be subject to any matching requirements:
Provided further, That not to exceed $19,000,000 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 $5,600,000 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
$14,000,000 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 $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.
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, $531,699,000.
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 $4,965,000 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, $38,495,000, 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, $13,406,000, 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.

[[Page S8580]]

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; $16,799,584,000, to
remain available through September 30, 2011, of which
$10,051,707,000 is hereby appropriated and $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):
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 WIC Program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $7,552,000,000, to remain available through
September 30, 2011: Provided, 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.), $61,351,846,000, 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,
$233,388,000, to remain available through September 30, 2011:
Provided, 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, Public Law 83-480 and the Food for Progress Act
of 1985, $2,812,000, shall 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, as amended), for commodities supplied in connection
with dispositions abroad under title II of said 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
``Foreign Agricultural Service, Salaries and Expenses''.

mc govern-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), $199,500,000, to remain available
until expended: Provided, That of this amount, the Secretary
shall use up to $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 AGENCY 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; $2,995,218,000: 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; and $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: Provided further, That fees derived
from prescription drug, medical device, animal drug, and
animal generic drug 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 none of these funds shall

[[Page S8581]]

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)
$873,104,000 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) not to
exceed $115,882,000 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; (8) not to exceed $168,728,000 shall be for
payments to the General Services Administration for rent; and
(9) $185,793,000 shall be for other activities, including the
Office of the Commissioner; the Office of Scientific and
Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special
Programs; the Office of Operations; and central services for
these offices: Provided further, That funds may be
transferred from one specified activity to another with the
prior notification 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 AGENCY

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 rescission)

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 notification 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 notification 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:
Provided, That 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.  Hereafter, none of the funds appropriated by
this Act or any other 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 unless prior
notification has been transmitted to 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

[[Page S8582]]

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 or the Secretary of Health
and Human Services 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.  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).
(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 until October 1,
2010: Provided further, That the unobligated balances under
section 32 of the Act of August 24, 1935, $52,000,000 are
hereby rescinded.
Sec. 721.  Hereafter, 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. 722.  There is hereby appropriated $2,600,000, to
remain available until expended, for the planning and design
of construction of an agricultural pest facility in the State
of Hawaii.
Sec. 723.  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. 724.  The Rural Utilities Service, Rural Housing
Service, and Rural Business and Cooperative Service shall
permit an applicant to solicit and procure professional
services and have prepared all environmental reviews,
assessments, and impact statements: Provided, That such
professional services will be funded by the applicants and
selected by the agencies from procurement schedules of
contractors determined qualified to perform said services:
Provided further, That the Agencies shall establish the scope
of work and procedures for such services as well as
procedures to assure contractors have no financial or other
conflicts of interest in the outcome of the action and the
documentation meets the needs of the Agencies: Provided
further, That nothing herein shall affect the responsibility
of the Agencies to comply with the National Environmental
Policy Act.
Sec. 725.  Notwithstanding any other provision of law, and
until receipt of the decennial Census for the year 2010, the
Secretary of Agriculture shall consider--
(1) The unincorporated community of Los Osos, in the County
of San Luis Obispo, California, to be a rural area for the
purposes of eligibility for Rural Utilities Service water and
waste disposal loans and grants; and
(2) The unincorporated 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.
Sec. 726.  There is hereby appropriated $3,000,000 for
section 4404 of Public Law 107-171.
Sec. 727.  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); and
(2) $350,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection.
Sec. 728.  Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance--
(1) through the Watershed and Flood Prevention Operations
program for the Pocasset River Floodplain Management Project
in the State of Rhode Island;
(2) through the Watershed and Flood Prevention Operations
program to carry out 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;
(3) through the Watershed and Flood Prevention Operations
program to carry out the Little Otter Creek Watershed project
in Missouri. The sponsoring local organization may obtain
land rights by perpetual easements;
(4) through the Watershed and Flood Prevention Operations
program to carry out the DuPage County Watershed project in
the State of Illinois;
(5) through the Watershed and Flood Prevention Operations
program to carry out the Dunloup Creek Watershed Project in
Fayette and Raleigh Counties, West Virginia;
(6) through the Watershed and Flood Prevention Operations
program to carry out the Dry Creek Watershed project in the
State of California; and
(7) through the Watershed and Flood Prevention Operations
program to carry out the Upper Clark Fork Watershed project
in the State of Montana.
Sec. 729.  Section 17(r)(5) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``ten'' and inserting ``eleven'';
(2) by striking ``eight'' and inserting ``nine''; and
(3) by inserting ``Wisconsin,'' after the first instance of
``States shall be''.
Sec. 730.  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

[[Page S8583]]

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. 731.  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. 732. (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. 733. (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. 734.  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.
Sec. 735.  Notwithstanding section 17(h)(10)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)(A)),
$154,000,000 of funds provided in this Act shall be used for
infrastructure, management information systems and
breastfeeding peer counseling support: Provided, That of the
$154,000,000, 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.
Sec. 736.  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 March 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. 737.  There is hereby appropriated $7,000,000 to carry
out section 4202 of Public Law 110-246.
Sec. 738.  There is hereby appropriated $2,600,000 to carry
out section 1621 of Public Law 110-246.
Sec. 739.  There is hereby appropriated $4,000,000 to carry
out section 1613 of Public Law 110-246.
Sec. 740.  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. 741.  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. 742.  Applicants with very low, low, and moderate
incomes shall be eligible for the program established in
section 791 of Public Law 109-97.
Sec. 743.  The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of reconstituted infant formula specified in 7
C.F.R. 246.10 when issuing infant formula to participants.
Such authorizations shall not otherwise impact the
eligibility of manufacturers to remain eligible under the
Special Supplemental Nutrition Program for Women, Infants and
Children authorized by section 17 of the Child Nutrition Act
of 1966.
Sec. 744.  None of the funds made available by this Act may
be used to establish or implement a rule allowing poultry
products to be imported into the United States from the
People's Republic of China unless the Secretary of
Agriculture formally commits in advance to conduct audits of
inspection systems, on-site reviews of slaughter and
processing facilities, laboratories and other control
operations before any Chinese facilities are certified as
eligible to ship fully cooked poultry products to the United
States, and at least once annually in subsequent years:
Provided, That the Secretary commits in advance to implement
a significantly increased level of port of entry re-
inspection: Provided further, That the Secretary commits in
advance to conduct information sharing with other countries
importing poultry products from China that have conducted
audits and plant inspections.
This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010''.
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