[Congressional Record Volume 155, Number 121 (Wednesday, August 5, 2009)]
[Senate]
[Pages S8877-S8887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2010

  On Tuesday, August 4, 2009, the Senate passed H.R. 2997, as amended, 
as follows:

                               H.R. 2997

       Resolved, That the bill from the House of Representatives 
     (H.R. 2997) entitled ``An Act making appropriations for 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies programs for the fiscal year ending 
     September 30, 2010, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     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

[[Page S8878]]

     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: Provided, That of 
     the amount made available for the Office of Inspector General 
     to conduct investigations such sums as are necessary shall be 
     made available for the inspection of the national organic 
     program established under the Organic Foods Production Act of 
     1990 (7 U.S.C. 6501 et seq.).

                     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 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

[[Page S8879]]

     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 
     $7,300,000 shall be for a National Animal Identification 
     program and may only be used for ongoing activities and 
     purposes (as of the date of enactment of this Act) relating 
     to proposed rulemaking for that program under subchapter II 
     of chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act''); 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 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: Provided further, 
     That of the amount available under this heading, at least 
     $17,764,000 shall be used for the tuberculosis program 
     (including at least $3,000,000 for tuberculosis indemnity and 
     depopulation).
       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, 
     $1,603,777,000: 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.

[[Page S8880]]

               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 $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.

[[Page S8881]]

                         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 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

[[Page S8882]]

     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 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.

[[Page S8883]]

       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.

                                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; $16,801,584,000, to 
     remain available through September 30, 2011, of which 
     $2,000,000 may be used to carry out the school community 
     garden pilot program established under section 18(g)(3) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769(g)(3)) and shall be derived by transfer of the amount 
     made available under the heading ``Animal and Plant Health 
     Inspection Service'' of title I for ``salaries and expenses'' 
     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; $3,230,218,000: 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

[[Page S8884]]

     to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 
     2011 but collected in fiscal year 2010; $57,014,000 shall be 
     derived from medical device user fees authorized by 21 U.S.C. 
     379j, and shall be credited to this account and remain 
     available until expended; $17,280,000 shall be derived from 
     animal drug user fees authorized by 21 U.S.C. 379j, and shall 
     be credited to this account and remain available until 
     expended; $5,106,000 shall be derived from animal generic 
     drug user fees authorized by 21 U.S.C. 379f, and shall be 
     credited to this account and shall remain available until 
     expended; and $235,000,000 shall be derived from tobacco 
     product user fees authorized by the Family Smoking Prevention 
     and Tobacco Control Act (Public Law 111-31) and shall be 
     credited to this account and remain available until expended: 
     Provided further, That fees derived from prescription drug, 
     medical device, animal drug, animal generic drug, and tobacco 
     product assessments for fiscal year 2010 received during 
     fiscal year 2010, including any such fees assessed prior to 
     fiscal year 2010 but credited for fiscal year 2010, shall be 
     subject to the fiscal year 2010 limitations: Provided 
     further, That none of these funds shall be used to develop, 
     establish, or operate any program of user fees authorized by 
     31 U.S.C. 9701: Provided further, That of the total amount 
     appropriated: (1) $782,915,000 shall be for the Center for 
     Food Safety and Applied Nutrition and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $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) 
     $216,523,000 shall be for the Center for Tobacco Products and 
     for related field activities in the Office of Regulatory 
     Affairs; (8) not to exceed $117,225,000 shall be for Rent and 
     Related activities, of which $41,496,000 is for White Oak 
     Consolidation, other than the amounts paid to the General 
     Services Administration for rent; (9) not to exceed 
     $171,526,000 shall be for payments to the General Services 
     Administration for rent; and (10) $200,129,000 shall be for 
     other activities, including the Office of the Commissioner; 
     the Office of 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 the Commissioner, through the Center for Food Safety and 
     Applied Nutrition, may conduct a study and, not later than 
     one year after the date of enactment of this Act, submit a 
     report to Congress on the psychological, physiological, and 
     neurological similarities between addiction to certain types 
     of food and addiction to classic drugs of abuse: 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--

[[Page S8885]]

       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations of both Houses of Congress are 
     notified 15 days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, which-ever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committees on Appropriations 
     of both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (c) The Secretary of Agriculture 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''.

[[Page S8886]]

       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 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: Provided further, That this 
     section shall be applied in a manner consistent with United 
     States obligations under international trade agreements.
       Sec. 745. (a) The Commissioner of Food and Drugs may 
     establish within the Food and Drug Administration a review 
     group which shall recommend to the Commissioner of Food and 
     Drugs appropriate preclinical, trial design, and regulatory 
     paradigms and optimal solutions for the prevention, 
     diagnosis, and treatment of rare diseases: Provided, That the 
     Commissioner of Food and Drugs shall appoint 8 individuals 
     employed by the Food and Drug Administration to serve on the 
     review group: Provided further, That members of the review 
     group shall have specific expertise relating to the 
     development of articles for use in the prevention, diagnosis, 
     or treatment of rare diseases, including specific expertise 
     in developing or carrying out clinical trials.
       (b) The Commissioner of Food and Drugs may establish within 
     the Food and Drug Administration a review group which shall 
     recommend to the Commissioner of Food and Drugs appropriate 
     preclinical, trial design, and regulatory paradigms and 
     optimal solutions for the prevention, diagnosis, and 
     treatment of neglected diseases of the developing world: 
     Provided, That the Commissioner of Food and Drugs shall 
     appoint 8 individuals employed by the Food and Drug 
     Administration to serve on the review group: Provided 
     further, That members of the review group shall have specific 
     expertise relating to the development of articles for use in 
     the prevention, diagnosis, or treatment of neglected diseases 
     of the developing world, including specific expertise in 
     developing or carrying out clinical trials: Provided further, 
     That for the purposes of this section the term ``neglected 
     disease of the developing world'' means a tropical disease, 
     as defined in section 524(a)(3) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 360n(a)(3)).
       (c) The Commissioner of Food and Drugs shall--
       (1) submit, not later than 1 year after the date of the 
     establishment of review groups under subsections (a) and (b), 
     a report to Congress that describes both the findings and 
     recommendations made by the review groups under subsections 
     (a) and (b);

[[Page S8887]]

       (2) issue, not later than 180 days after submission of the 
     report to Congress under paragraph (1), guidance based on 
     such recommendations for articles for use in the prevention, 
     diagnosis, and treatment of rare diseases and for such uses 
     in neglected diseases of the developing world; and
       (3) develop, not later than 180 days after submission of 
     the report to Congress under paragraph (1), internal review 
     standards based on such recommendations for articles for use 
     in the prevention, diagnosis, and treatment of rare diseases 
     and for such uses in neglected diseases of the developing 
     world.
       Sec. 746.  Not later than 60 days after the date of 
     enactment of this Act, the Administrator of the Foreign 
     Agricultural Service shall submit to Congress a report that 
     describes the status of the reorganization of the Foreign 
     Agricultural Service and any future plans of the 
     Administrator to modify office structures to meet existing, 
     emerging, and new priorities.
       Sec. 747.  None of the funds made available by this Act may 
     be used to pay the salaries and expenses of any employee of 
     the Department of Agriculture to assess any agency any 
     greenbook charge or to use any funds acquired through an 
     assessment of greenbook charges made prior to the date of 
     enactment of this Act.
       Sec. 748.  The Commissioner of Food and Drugs, in 
     consultation with the Administrator of the National Oceanic 
     and Atmospheric Administration, shall conduct a study and, 
     not later than 240 days after the date of enactment of this 
     Act, submit a report to Congress on the technical challenges 
     associated with inspecting imported seafood. The study and 
     report shall--
       (1) provide information on the status of seafood 
     importation, including--
       (A) the volume of seafood imported into the United States 
     annually, by product and country of origin;
       (B) the number of physical inspections of imported seafood 
     products conducted annually, by product and country of 
     origin; and
       (C) a listing of the United States ports of entry for 
     seafood imports by volume;
       (2) provide information on imported seafood products, by 
     product and country of origin, that do not meet standards as 
     set forth in the applicable food importation law, including 
     the reason for which each such product does not meet such 
     standards;
       (3) identify the fish, crayfish, shellfish, and other sea 
     species most susceptible to violations of the applicable food 
     importation law;
       (4) identify the aquaculture and mariculture practices that 
     are of greatest concern to human health; and
       (5) suggest methods for improving import inspection 
     policies and procedures to protect consumers in the United 
     States.
       Sec. 749. (a) In General.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States, shall report to the Committees on 
     Appropriations of the House of Representatives and of the 
     Senate on developing the tourism potential of rural 
     communities.
       (b) Content of the Report.--The report required by 
     subsection (a) shall--
       (1) identify existing Federal programs that provide 
     assistance to rural small businesses in developing tourism 
     marketing and promotion plans relating to tourism in rural 
     areas;
       (2) identify existing Federal programs that assist rural 
     small business concerns in obtaining capital for starting or 
     expanding businesses primarily serving tourists; and
       (3) include recommendations, if any, for improving existing 
     programs or creating new Federal programs that may benefit 
     tourism in rural communities.
       Sec. 750.  Notwithstanding any other provision of law and 
     until the receipt of the decennial census in the year 2010, 
     the Secretary of Agriculture may fund community facility and 
     water and waste disposal projects of communities and 
     municipal districts and areas in Connecticut, Massachusetts, 
     and Rhode Island that filed applications for the projects 
     with the appropriate rural development field office of the 
     Department of Agriculture prior to August 1, 2009, and were 
     determined by the field office to be eligible for funding.
       Sec. 751. (a) The Senate finds that--
       (1) sudden loss in late 2008 of export-market based demand 
     equivalent to about 3 percent of domestic milk production has 
     thrown the U.S. dairy industry into a critical supply-demand 
     imbalance;
       (2) an abrupt decline in U.S. exports was fueled by the 
     onset of the global economic crisis combined with resurgence 
     of milk supplies in Oceania;
       (3) the U.S. average all-milk price reported by the 
     National Agriculture Statistics Service from January through 
     May of 2009, has averaged $4.80 per hundredweight below the 
     cost of production;
       (4) approximately $3,900,000,000 in dairy producer equity 
     has been lost since January;
       (5) anecdotal evidence suggests that U.S. dairy producers 
     are losing upwards of $100 per cow per month;
       (6) the Food, Conservation, and Energy Act of 2008 extended 
     the counter-cyclical Milk Income Loss Contract (MILC) support 
     program and instituted a `feed cost adjuster' to augment that 
     support;
       (7) the Secretary of Agriculture in March transferred 
     approximately 200,000,000 pounds of nonfat dry milk to USDA's 
     Food and Nutrition Service in a move designed to remove 
     inventory from the market and support low-income families;
       (8) the Secretary on March 22nd reactivated USDA's Dairy 
     Export Incentive Program (DEIP) to help U.S. producers meet 
     prevailing world prices and develop international markets;
       (9) the Secretary announced on July 31, 2009 a temporary 
     increase in the amount paid for dairy products through the 
     Dairy Product Price Support Program (DPPSP), an adjustment 
     that is projected to increase dairy farmers' revenue by 
     $243,000,000; and
       (10) U.S. dairy producers face unprecedented challenges 
     that threaten the stability of the industry, the nation's 
     milk production infrastructure, and thousands of rural 
     communities.
       (b) The Senate states that the Secretary of Agriculture and 
     the President's Office of Management and Budget should 
     continue to closely monitor the U.S. dairy sector and use all 
     available discretionary authority to ensure its long-term 
     health and sustainability.
       Sec. 752. (a) The Commissioner of Food and Drugs, in 
     consultation with the Secretary of Agriculture, may conduct a 
     study on the labeling of personal care products regulated by 
     the Food and Drug Administration for which organic content 
     claims are made. Any such study shall include--
       (1) a survey of personal care products for which the word 
     ``organic'' appears on the label; and
       (2) a determination, based on statistical sampling of the 
     products identified under paragraph (1), of the accuracy of 
     such claims.
       (b) If the Commissioner of Food and Drugs conducts a study 
     described in subsection (a), such Commissioner shall--
       (1) not later than 270 days after the date of enactment of 
     this Act, submit to the Committees on Agriculture, Nutrition, 
     and Forestry, Appropriations, and Health, Education, Labor, 
     and Pensions in the Senate and the Committees on Agriculture, 
     Appropriations, and Energy and Commerce in the House of 
     Representatives a report on the findings of the study under 
     subsection (a); and
       (2) provide such Committees with any recommendations on the 
     need to establish labeling standards for personal care 
     products for which organic content claims are made, including 
     whether the Food and Drug Administration should have pre-
     market approval authority for personal care product labeling.
       Sec. 753. (a) The Senate finds that--
       (1) agriculture is a national security concern;
       (2) the United States suffers from periodic disasters which 
     affects the food and fiber supply of the United States;
       (3) the Food, Conservation, and Energy Act of 2008 (7 
     U.S.C. 8701 et seq.) established 5 permanent disaster 
     programs to deliver timely and immediate assistance to 
     agricultural producers recovering from losses;
       (4) as of the date of enactment of this Act, of those 5 
     disaster programs--
       (A) none are available, finalized, and implemented to 
     deliver urgently needed assistance for 2009 producer losses; 
     and
       (B) only 1 is being implemented for 2008 losses;
       (5) according to the Drought Monitor, the State of Texas is 
     suffering from extreme and exceptional drought conditions, 
     the highest level of severity; and
       (6) the Secretary of Agriculture has previously authorized 
     various forms of disaster assistance by providing funding 
     under section 32 of the Act of August 24, 1935 (7 U.S.C. 
     612c), and through the Commodity Credit Corporation.
       (b) It is the sense of the Senate that the Secretary of 
     Agriculture should use all of the discretionary authority 
     available to the Secretary to make available immediate relief 
     and assistance for agricultural producers suffering losses as 
     a result of the 2009 droughts.
       Sec. 754. (a) The Senate finds that--
       (1) with livestock producers facing losses from harsh 
     weather in 2008 and continuing to face disasters in 2009, 
     Congress wanted to assist livestock producers in recovering 
     losses more quickly and efficiently than previous ad hoc 
     disaster assistance programs;
       (2) on June 18, 2008, Congress established the livestock 
     indemnity program under section 531(c) of the Federal Crop 
     Insurance Act (7 U.S.C. 1531(c)) and section 901(c) of the 
     Trade Act of 1974 (19 U.S.C. 2497(c)) as a permanent disaster 
     assistance program to provide livestock producers with 
     payments of 75 percent of the fair market value for livestock 
     losses as a result of adverse weather such as floods, 
     blizzards, and extreme heat;
       (3) on July 13, 2009, the Secretary of Agriculture 
     promulgated rules for the livestock indemnity program that 
     separated non adult beef animals into weight ranges of ``less 
     than 400 pounds'' and ``400 pounds and more''; and
       (4) the ``400 pounds and more'' range would fall well short 
     of covering 75 percent market value payment for livestock in 
     these higher ranges that are close to market weight.
       (b) It is the sense of the Senate that the Secretary of 
     Agriculture--
       (1) should strive to establish a methodology to calculate 
     more specific payments to offset the cost of loss for each 
     animal as was intended by Congress for calendar years 2008 
     through 2011; and
       (2) should work with groups representing affected livestock 
     producers to come up with this more precise methodology.
       This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2010''.

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