[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 22, 2005.
      Resolved, That the bill from the House of Representatives (H.R. 
2744) entitled ``An Act making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, 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, 2006, 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, $5,127,000: 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.

                          Executive Operations

                            chief economist

    For necessary expenses of the Chief Economist, including economic 
analysis, risk assessment, cost-benefit analysis, energy and new uses, 
and the functions of the World Agricultural Outlook Board, as 
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), 
$10,539,000.

                       national appeals division

    For necessary expenses of the National Appeals Division, 
$14,524,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $8,298,000.

                        homeland security staff

    For necessary expenses of the Homeland Security Staff, $1,166,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $16,726,000.

                      Common Computing Environment

    For necessary expenses to acquire a Common Computing Environment 
for the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service, and Rural Development mission areas for 
information technology, systems, and services, $118,072,000, to remain 
available until expended, for the capital asset acquisition of shared 
information technology systems, including services as authorized by 7 
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of 
these funds shall be consistent with the Department of Agriculture 
Service Center Modernization Plan of the county-based agencies, and 
shall be with the concurrence of the Department's Chief Information 
Officer.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,874,000: Provided, That the Chief Financial Officer shall 
actively market and expand cross-servicing activities of the National 
Finance Center: Provided further, 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 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 salaries and expenses of the Office of the Assistant 
Secretary for Civil Rights, $821,000.

                         Office of Civil Rights

                     (including transfers of funds)

    For necessary expenses of the Office of Civil Rights, $20,109,000.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration, $676,000.

        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, $187,734,000, to remain available until expended, as 
follows: for payments to the General Services Administration and the 
Department of Homeland Security for building security, $147,734,000, 
and for buildings operations and maintenance, $40,000,000: Provided, 
That amounts which are made available for space rental and related 
costs for the Department of Agriculture in this Act may be transferred 
between such appropriations to cover the costs of additional, new, or 
replacement space 15 days after notice thereof is transmitted to the 
Appropriations Committees of both Houses of Congress.

                     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.), $12,000,000, 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, $23,103,000, 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.

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary salaries and 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, $3,846,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, That no funds made available by this appropriation may be 
obligated after 30 days from the date of enactment of this Act, unless 
the Secretary has notified the Committees on Appropriations of both 
Houses of Congress on the allocation of these funds by USDA agency: 
Provided further, That no other funds appropriated to the Department by 
this Act shall be available to the Department for support of activities 
of congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the 
dissemination of agricultural information, and the coordination of 
information, work, and programs authorized by Congress in the 
Department, $9,509,000: Provided, That not to exceed $2,000,000 may be 
used for farmers' bulletins.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$81,045,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$40,263,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$598,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$78,549,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and 
improvements, marketing surveys, and the Census of Agriculture, as 
authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws, 
$145,159,000, of which up to $29,115,000 shall be available until 
expended for the Census of Agriculture.

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; 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, $1,109,981,000: 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 the foregoing limitations shall not apply to the 
purchase of land at Florence, South Carolina: 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: Provided further, That the 
Secretary, through the Agricultural Research Service, or successor, may 
lease approximately 40 acres of land at the Central Plains Experiment 
Station, Nunn, Colorado, to the Board of Governors of the Colorado 
State University System, for its Shortgrass Steppe Biological Field 
Station, on such terms and conditions as the Secretary deems in the 
public interest: Provided further, That the Secretary understands that 
it is the intent of the University to construct research and 
educational buildings on the subject acreage and to conduct 
agricultural research and educational activities in these buildings: 
Provided further, That as consideration for a lease, the Secretary may 
accept the benefits of mutual cooperative research to be conducted by 
the Colorado State University and the Government at the Shortgrass 
Steppe Biological Field Station: Provided further, That the term of any 
lease shall be for no more than 20 years, but a lease may be renewed at 
the option of the Secretary on such terms and conditions as the 
Secretary deems in the public interest: Provided further, That the 
Agricultural Research Service may convey all rights and title of the 
United States, to a parcel of land comprising 19 acres, more or less, 
located in Section 2, Township 18 North, Range 14 East in Oktibbeha 
County, Mississippi, originally conveyed by the Board of Trustees of 
the Institution of Higher Learning of the State of Mississippi, and 
described in instruments recorded in Deed Book 306 at pages 553-554, 
Deed Book 319 at page 219, and Deed Book 33 at page 115, of the public 
land records of Oktibbeha County, Mississippi, including facilities, 
and fixed equipment, to the Mississippi State University, Starkville, 
Mississippi, in their ``as is'' condition, when vacated by the 
Agricultural Research Service.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, processing, 
or marketing of tobacco or tobacco products.

                        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, $160,645,000, 
to remain available until expended.

      Cooperative State Research, Education, and Extension Service

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$652,231,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $178,707,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $22,205,000; for 
payments to the 1890 land-grant colleges, including Tuskegee University 
and West Virginia State University (7 U.S.C. 3222), $37,477,000, of 
which $1,507,496 shall be made available only for the purpose of 
ensuring that each institution shall receive no less than $1,000,000; 
for special grants for agricultural research (7 U.S.C. 450i(c)), 
$110,281,000; for special grants for agricultural research on improved 
pest control (7 U.S.C. 450i(c)), $15,158,000; for competitive research 
grants (7 U.S.C. 450i(b)), $190,000,000; for the support of animal 
health and disease programs (7 U.S.C. 3195), $5,057,000; for 
supplemental and alternative crops and products (7 U.S.C. 3319d), 
$833,000; for grants for research pursuant to the Critical Agricultural 
Materials Act (7 U.S.C. 178 et seq.), $1,102,000, to remain available 
until expended; for the 1994 research grants program for 1994 
institutions pursuant to section 536 of Public Law 103-382 (7 U.S.C. 
301 note), $1,078,000, to remain available until expended; for 
rangeland research grants (7 U.S.C. 3333), $992,000; for higher 
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,976,000, 
to remain available until expended (7 U.S.C. 2209b); for a higher 
education agrosecurity education program (7 U.S.C. 3351), $750,000, to 
remain available until expended; for higher education challenge grants 
(7 U.S.C. 3152(b)(1)), $5,456,000; for a higher education multicultural 
scholars program (7 U.S.C. 3152(b)(5)), $990,000, to remain available 
until expended (7 U.S.C. 2209b); for an education grants program for 
Hispanic-serving Institutions (7 U.S.C. 3241), $5,600,000; for 
noncompetitive grants for the purpose of carrying out all provisions of 
7 U.S.C. 3242 (section 759 of Public Law 106-78) 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, $3,472,000; for a secondary agriculture education program and 
2-year post-secondary education (7 U.S.C. 3152(j)), $992,000; for 
aquaculture grants (7 U.S.C. 3322), $3,968,000; for sustainable 
agriculture research and education (7 U.S.C. 5811), $12,400,000; for a 
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges 
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 
321-326 and 328), including Tuskegee University and West Virginia State 
University, $12,312,000, 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, $2,232,000; and for necessary expenses 
of Research and Education Activities, $38,193,000, of which $2,424,000 
for the Research, Education, and Economics Information System and 
$1,928,000 for the Electronic Grants Information System, are to remain 
available until expended.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, processing, 
or marketing of tobacco or tobacco products: Provided, That this 
paragraph shall not apply to research on the medical, biotechnological, 
food, and industrial uses of tobacco.

              native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $12,000,000, to remain 
available until expended.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American 
Samoa, $453,438,000, 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, 
$275,520,000; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,247,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $62,909,000; payments for the pest 
management program under section 3(d) of the Act, $9,920,000; payments 
for the farm safety program under section 3(d) of the Act, $4,563,000; 
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 the 1890 land-grant colleges, including Tuskegee 
University and West Virginia State University, as authorized by section 
1447 of Public Law 95-113 (7 U.S.C. 3222b), $16,777,000, to remain 
available until expended; payments for youth-at-risk programs under 
section 3(d) of the Smith-Lever Act, $7,478,000; for youth farm safety 
education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $440,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $4,060,000; payments for Indian 
reservation agents under section 3(d) of the Smith-Lever Act, 
$1,760,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,067,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $1,965,000; payments for cooperative extension work by 
the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 
321-326 and 328) and Tuskegee University and West Virginia State 
University, $33,643,000, of which $1,724,884 shall be made available 
only for the purpose of ensuring that each institution shall receive no 
less than $1,000,000; for grants to youth organizations pursuant to 
section 7630 of title 7, United States Code, $2,646,000; and for 
necessary expenses of Extension Activities, $22,443,000.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $55,784,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $45,784,000, including $12,867,000 for the water 
quality program, $14,847,000 for the food safety program, $4,167,000 
for the regional pest management centers program, $4,464,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,389,000 for the crops affected by Food Quality Protection 
Act implementation, $3,106,000 for the methyl bromide transition 
program, and $1,874,000 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, $992,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $744,000, to 
remain available until September 30, 2007 for the critical issues 
program, and $1,334,000 for the regional rural development centers 
program; and $10,000,000 for the Food and Agriculture Defense 
Initiative authorized under section 1484 of the National Agricultural 
Research, Extension, and Teaching Act of 1977, to remain available 
until September 30, 2007.

              outreach for socially disadvantaged farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$5,888,000, to remain available until expended.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration; $724,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry 
out inspection, quarantine, and regulatory activities; and to protect 
the environment, as authorized by law, $807,768,000, of which 
$4,140,000 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 
$39,900,000 shall be used for the boll weevil eradication program for 
cost share purposes or for debt retirement for active eradication 
zones; of which $32,932,000 shall be available for a National Animal 
Identification program: Provided, 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 none of the funds may be used to demolish or 
dismantle the Hawaii Fruit Fly Production Facility in Waimanalo, 
Hawaii.
    In fiscal year 2006, 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, $4,996,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, 
and regulatory programs, as authorized by law, and for administration 
and coordination of payments to States, $76,643,000, including funds 
for the wholesale market development program for the design and 
development of wholesale and farmer market facilities for the major 
metropolitan areas of the country: 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 $65,667,000 (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, 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 $16,055,000 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)), 
$3,847,000, of which not less than $2,500,000 shall be used to make a 
grant under this heading.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain 
under the Agricultural Marketing Act of 1946, $38,443,000: 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 salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the 
Congress for the Food Safety and Inspection Service, $602,000.

                   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), $836,818,000, of which no 
less than $751,457,000 shall be available for Federal food safety 
inspection; 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 no fewer than 63 full 
time equivalent positions above the fiscal year 2002 level shall be 
employed during fiscal year 2006 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, 
notwithstanding section 704 of this Act $5,000,000, available until 
September 30, 2007, shall be obligated to include the Humane Animal 
Tracking System as part of the Field Automation and Information 
Management System following notification to the Committees on 
Appropriations, which shall include a detailed explanation of the 
components of such system: Provided further, That of the total amount 
made available under this heading, no less than $20,653,000 shall be 
obligated for regulatory and scientific training: 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 salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $635,000.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$1,043,555,000: 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.

                         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), $4,250,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $4,250,000, 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, $100,000, 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), and boll weevil loans (7 U.S.C. 1989), to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,608,000,000, of which $1,400,000,000 shall be for 
guaranteed loans and $208,000,000 shall be for direct loans; operating 
loans, $2,033,000,000, of which $1,100,000,000 shall be for 
unsubsidized guaranteed loans, $283,000,000 shall be for subsidized 
guaranteed loans and $650,000,000 shall be for direct loans; Indian 
tribe land acquisition loans, $2,000,000; 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, $17,370,000, of which 
$6,720,000 shall be for guaranteed loans, and $10,650,000 shall be for 
direct loans; operating loans, $133,380,000, of which $33,330,000 shall 
be for unsubsidized guaranteed loans, $35,375,000 shall be for 
subsidized guaranteed loans, and $64,675,000 shall be for direct loans; 
and Indian tribe land acquisition loans, $80,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $317,137,000, of which 
$309,137,000 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 and operating 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 administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $73,448,000: Provided, 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

    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 salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural 
Resources Conservation Service, $744,000.

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses to carry 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, 
$819,561,000, to remain available until expended, of which not less 
than $11,000,000 is for snow survey and water forecasting, and not less 
than $11,847,000 is for operation and establishment of the plant 
materials centers, and of which not less than $28,156,000 shall be for 
the grazing lands conservation initiative: 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 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: Provided further, That 
this appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 202(c) of 
title II of the Colorado River Basin Salinity Control Act of 1974 (43 
U.S.C. 1592(c)): Provided further, That qualified local engineers may 
be temporarily employed at per diem rates to perform the technical 
planning work of the Service.

                     watershed surveys and planning

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $5,141,000.

               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, $60,000,000, to remain available until 
expended; of which up to $10,000,000 may be available for the 
watersheds authorized under the Flood Control Act (33 U.S.C. 701 and 16 
U.S.C. 1006a): Provided, That not to exceed $27,199,000 of this 
appropriation shall be available for technical assistance: Provided 
further, That not to exceed $1,000,000 of this appropriation is 
available to carry out the purposes of the Endangered Species Act of 
1973 (Public Law 93-205), including cooperative efforts as contemplated 
by that Act to relocate endangered or threatened species to other 
suitable habitats as may be necessary to expedite project construction.

                    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, 
$27,313,000, to remain available until expended.

                 resource conservation and development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant 
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture 
and Food Act of 1981 (16 U.S.C. 3451-3461), $51,228,000, to remain 
available until expended.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
Department of Agriculture, $635,000.

                  rural community advancement program

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act, $705,106,000, to remain available until expended, of which 
$86,770,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $528,115,000 shall be for the rural 
utilities programs described in sections 381E(d)(2), 306C(a)(2), and 
306D of such Act, of which not to exceed $496,000 shall be available 
for the rural utilities program described in section 306(a)(2)(B) of 
such Act, and of which not to exceed $992,000 shall be available for 
the rural utilities program described in section 306E of such Act; and 
of which $90,221,000 shall be for the rural business and cooperative 
development programs described in sections 381E(d)(3) and 310B(f) of 
such Act: Provided, That of the total amount appropriated in this 
account, $26,000,000 shall be for loans and grants to benefit Federally 
Recognized Native American Tribes, including grants for drinking water 
and waste disposal systems pursuant to section 306C of such Act, of 
which $4,464,000 shall be available for community facilities grants to 
tribal colleges, as authorized by section 306(a)(19) of the 
Consolidated Farm and Rural Development Act, and of which $250,000 
shall be available for a grant to a qualified national organization to 
provide technical assistance for rural transportation in order to 
promote economic development: Provided further, That of the amount 
appropriated for rural community programs, $6,500,000 shall be 
available for a Rural Community Development Initiative: Provided 
further, That such funds shall be used solely to develop the capacity 
and ability of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and Federally 
Recognized Native American Tribes to undertake projects to improve 
housing, community facilities, community and economic development 
projects in rural areas: Provided further, That such funds shall be 
made available to qualified private, nonprofit and public intermediary 
organizations proposing to carry out a program of financial and 
technical assistance: Provided further, That such intermediary 
organizations shall provide matching funds from other sources, 
including Federal funds for related activities, in an amount not less 
than funds provided: Provided further, That of the amount appropriated 
for the rural business and cooperative development programs, 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; $140,000 shall 
be made available to conduct a feasibility study; $3,000,000 shall be 
for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for 
any purpose under this heading: Provided further, That of the amount 
appropriated for rural utilities programs, not to exceed $25,000,000 
shall be for water and waste disposal systems to benefit the Colonias 
along the United States/Mexico border, including grants pursuant to 
section 306C of such Act; $26,000,000 shall be for water and waste 
disposal systems for rural and native villages in Alaska pursuant to 
section 306D of such Act, with up to 2 percent available to administer 
the program and/or improve interagency coordination may be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses'', of which $100,000 shall be provided to develop a 
regional system for centralized billing, operation, and management of 
rural water and sewer utilities through regional cooperatives, of which 
25 percent shall be provided for water and sewer projects in regional 
hubs, and the State of Alaska shall provide a 25 percent cost share, 
and grantees may use up to 5 percent of grant funds, not to exceed 
$35,000 per community, for the completion of comprehensive community 
safe water plans; not to exceed $18,250,000 shall be for technical 
assistance grants for rural water and waste systems pursuant to section 
306(a)(14) of such Act, of which $5,600,000 shall be for Rural 
Community Assistance Programs and not less than $850,000 shall be for a 
qualified national Native American organization to provide technical 
assistance for rural water systems for tribal communities; and not to 
exceed $13,500,000 shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That of the total 
amount appropriated, not to exceed $21,367,000 shall be available 
through June 30, 2006, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones; of which $1,067,000 shall be 
for the rural community programs described in section 381E(d)(1) of 
such Act, of which $12,000,000 shall be for the rural utilities 
programs described in section 381E(d)(2) of such Act, and of which 
$8,300,000 shall be for the rural business and cooperative development 
programs described in section 381E(d)(3) of such Act: Provided further, 
That of the amount appropriated for rural community programs, 
$20,000,000 shall be to provide grants for facilities in rural 
communities with extreme unemployment and severe economic depression 
(Public Law 106-387), with 5 percent for administration and capacity 
building in the State rural development offices: Provided further, That 
of the amount appropriated, $28,000,000 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. 901(19)) shall be 
transferred to and merged with the ``Rural Utilities Service, High 
Energy Costs Grants Account''.

                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; 
$164,773,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area: Provided further, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $4,927,581,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $1,000,000,000 shall be for 
direct loans, and of which $3,681,033,000 shall be for unsubsidized 
guaranteed loans; $35,000,000 for section 504 housing repair loans; 
$90,000,000 for section 515 rental housing; $100,000,000 for section 
538 guaranteed multi-family housing loans; $5,000,000 for section 524 
site loans; $11,500,000 for credit sales of acquired property, of which 
up to $1,500,000 may be for multi-family credit sales; and $5,048,000 
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, $154,800,000, of which 
$113,900,000 shall be for direct loans, and of which $40,900,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $10,238,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$41,292,000; section 538 multi-family housing guaranteed loans, 
$5,420,000; multi-family credit sales of acquired property, $681,000; 
section 523 self-help housing and development loans, $52,000: Provided, 
That of the total amount appropriated in this paragraph, $2,500,000 
shall be available through June 30, 2006, for authorized empowerment 
zones and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones: 
Provided further, That any funds under this paragraph initially 
allocated by the Secretary for housing projects in the State of Alaska 
that are not obligated by September 30, 2006, shall be carried over 
until September 30, 2007, and made available for such housing projects 
only in the State of Alaska.
    For additional costs to conduct a demonstration program for the 
preservation and revitalization of the section 515 multi-family rental 
housing properties, $16,500,000, to remain available until expended: 
Provided, That funding made available under this heading shall be used 
to restructure existing section 515 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 
including reducing or eliminating interest; deferring loan payments, 
subordinating, reducing or reamortizing loan debt; and other financial 
assistance including advances and incentives required by the Secretary.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $465,886,000, 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, 
$653,102,000; 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, no 
less than $8,976,000 shall be available for debt forgiveness or 
payments for eligible households as authorized by section 502(c)(5)(D) 
of the Act, and not to exceed $50,000 per project for advances to 
nonprofit organizations or public agencies to cover direct costs (other 
than purchase price) incurred in purchasing projects pursuant to 
section 502(c)(5)(C) of the Act: Provided further, That agreements 
entered into or renewed during the current fiscal year shall be funded 
for a four-year period: Provided further, That any unexpended balances 
remaining at the end of such four-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 that is recovered from projects that 
are subject to prepayment shall be deobligated and reallocated for 
vouchers and debt forgiveness or payments consistent with the 
requirements of this Act for purposes authorized under section 542 and 
section 502(c)(5)(D) of the Housing Act of 1949, as amended.

                     rural housing voucher program

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, (without regard to section 542(b)), 
$16,000,000, to remain available until expended: Provided, That such 
vouchers shall be available 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 the 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 for 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).

                  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), $34,000,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2005, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.

                    rural housing assistance grants

    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, 
$43,976,000, to remain available until expended: Provided, That 
$2,976,000 shall be made available for loans to private non-profit 
organizations, or such non-profit 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 total amount 
appropriated, $1,200,000 shall be available through June 30, 2006, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $29,607,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                  Rural Business--Cooperative Service

              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)), $34,212,000.
    For the cost of direct loans, $14,718,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2006, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2006, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): Provided, That of 
such amount made available, the Secretary may provide up to $1,500,000 
for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided 
further, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That of the total amount appropriated, $887,000 
shall be available through June 30, 2006, for the cost of direct loans 
for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $6,656,000 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, 
$25,003,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$4,993,000, to remain available until expended.
    Of the funds derived from interest on the cushion of credit 
payments in the current fiscal year, as authorized by section 313 of 
the Rural Electrification Act of 1936, $4,993,000 shall not be 
obligated and $4,993,000 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), $24,988,000, of which $500,000 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 $2,500,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $1,488,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
minority producers and whose governing board and/or membership is 
comprised of at least 75 percent minority; and of which $15,500,000, to 
remain available until expended, shall be for value-added agricultural 
product market development grants, as authorized by section 6401 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

        rural empowerment zones and enterprise community grants

    For grants in connection with second and third rounds of 
empowerment zones and enterprise communities, $12,400,000, to remain 
available until expended, for designated rural empowerment zones and 
rural enterprise communities, as authorized by the Taxpayer Relief Act 
of 1997 and the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (Public Law 105-277): Provided, That of the 
funds appropriated, $1,000,000 shall be made available to third round 
empowerment zones, as authorized by the Community Renewal Tax Relief 
Act (Public Law 106-554).

                        renewable energy program

    For the cost of a program of direct loans, loan guarantees, and 
grants, under the same terms and conditions as authorized by section 
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8106), $23,000,000 for direct and guaranteed renewable energy loans and 
grants: Provided, That the cost of direct loans and loan guarantees, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974.

                        Rural Utilities Service

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $100,000,000; municipal rate rural 
electric loans, $100,000,000; loans made pursuant to section 306 of 
that Act, rural electric, $2,700,000,000; Treasury rate direct electric 
loans, $1,000,000,000; guaranteed underwriting loans pursuant to 
section 313A, $1,500,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$425,000,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $125,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural electric loans, $6,160,000, and the cost of telecommunications 
loans, $212,000: Provided, That notwithstanding section 305(d)(2) of 
the Rural Electrification Act of 1936, borrower interest rates may 
exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $39,933,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                  rural telephone bank program account

                     (including transfer of funds)

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corporation 
in accord with law, and to make such 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 
its authorized programs.
    For administrative expenses, including audits, necessary to 
continue to service existing loans, $2,500,000, 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, 
$550,000,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain 
available until expended: Provided, That $10,000,000 shall be made 
available to convert analog to digital operation 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 7 U.S.C. 901 et 
seq., $11,825,000, to remain available until September 30, 2007: 
Provided, That the interest rate for such loans shall be the cost of 
borrowing to the Department of the Treasury for obligations of 
comparable maturity: Provided further, That the cost of direct loans 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, $10,000,000, 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 salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$599,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the 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; 
$12,422,027,000, to remain available through September 30, 2007, of 
which $7,234,406,000 is hereby appropriated and $5,187,621,000 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 none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That up to $5,235,000 shall be available for 
independent verification of school food service claims: Provided 
further, That not less than $20,025,000 shall be available to implement 
and administer Team Nutrition programs of the Department of 
Agriculture.

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain available 
through September 30, 2007, of which such sums as are necessary to 
restore the contingency reserve to $125,000,000 shall be placed in 
reserve, to remain available until expended, to be allocated as the 
Secretary deems necessary, notwithstanding section 17(i) of such Act, 
to support participation should cost or participation exceed budget 
estimates: Provided, That of the total amount available, the Secretary 
shall obligate not less than $15,000,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That only the provisions of section 
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 
2006; including $14,000,000 for the purposes specified in section 
17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section 
17(h)(10)(B)(ii): Provided further, That none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That none of the funds in this Act shall be available 
to pay administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, 
That none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act.

                           food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $40,711,395,000, of which $3,000,000,000 to remain 
available through September 30, 2007, 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 none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That of the funds made available under this heading 
and not already appropriated to the Food Distribution Program on Indian 
Reservations (FDPIR) established under section 4(b) of the Food Stamp 
Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used 
to purchase bison meat for the FDPIR from Native American bison 
producers as well as from producer-owned cooperatives of bison 
ranchers: Provided further, That funds provided herein shall be 
expended in accordance with section 16 of the Food Stamp Act: 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, as authorized 
by section 16(h)(1) of the Food Stamp Act: Provided further, That 
notwithstanding section 5(d) of the Food Stamp Act of 1977, any 
additional payment received under chapter 5 of title 37, United States 
Code, by a member of the United States Armed Forces deployed to a 
designated combat zone shall be excluded from household income for the 
duration of the member's deployment if the additional pay is the result 
of deployment to or while serving in a combat zone, and it was not 
received immediately prior to serving in the combat zone.

                      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 
(in a form determined by the Secretary of Agriculture) 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, $179,935,000, to remain available 
through September 30, 2007: 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 2006 to support the Senior Farmers' Market Nutrition Program, as 
authorized by section 4402 of Public Law 107-171, such funds shall 
remain available through September 30, 2007: Provided further, That of 
the funds made available under section 27(a) of the Food Stamp Act of 
1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000 
for costs associated with the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the domestic nutrition 
assistance programs funded under this Act, $140,761,000, of which 
$5,000,000 shall be available only for simplifying procedures, reducing 
overhead costs, tightening regulations, improving food stamp benefit 
delivery, and assisting in the prevention, identification, and 
prosecution of fraud and other violations of law.

                                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 carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1768), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, 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), $147,868,000: 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.

  public law 480 title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, 
including the cost of modifying credit arrangements under said Acts, 
$65,040,000, to remain available until expended: Provided, That the 
Secretary of Agriculture may implement a commodity monetization program 
under existing provisions of the Food for Progress Act of 1985 to 
provide no less than $5,000,000 in local-currency funding support for 
rural electrification development overseas.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $3,385,000, of which $168,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $3,217,000 may be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
and Expenses''.

        public law 480 title i ocean freight differential grants

                     (including transfer of funds)

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and under the Food for Progress 
Act of 1985, $11,940,000, to remain available until expended: 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.

                     public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, for commodities supplied in connection with dispositions abroad 
under title II of said Act, $1,150,000,000, 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, 
$5,279,000; 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 $3,440,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $1,839,000 
may be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

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

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $1,841,959,000: Provided, That of the amount 
provided under this heading, $305,332,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h, shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2007 but collected in fiscal year 2006; 
$40,300,000 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; and $11,318,000 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: Provided further, 
That fees derived from prescription drug, medical device, and animal 
drug assessments received during fiscal year 2006, including any such 
fees assessed prior to the current fiscal year but credited during the 
current year, shall be subject to the fiscal year 2006 limitation: 
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) 
$450,179,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $515,430,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs; (3) $178,714,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the Office 
of Regulatory Affairs; (4) $99,787,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $245,770,000 shall be for the Center for 
Devices and Radiological Health and for related field activities in the 
Office of Regulatory Affairs; (6) $41,152,000 shall be for the National 
Center for Toxicological Research; (7) $58,515,000 shall be for Rent 
and Related activities, other than the amounts paid to the General 
Services Administration for rent; (8) $134,853,000 shall be for 
payments to the General Services Administration for rent; and (9) 
$117,559,000 shall be for other activities, including the Office of the 
Commissioner; the Office of Management; the Office of External 
Relations; the Office of Policy and Planning; and central services for 
these offices: Provided further, That funds may be transferred from one 
specified activity to another with the prior approval of the Committees 
on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 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, 
$7,000,000, to remain available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $98,386,000, 
including not to exceed $3,000 for official reception and 
representation expenses.

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $44,250,000 (from assessments collected from farm 
credit institutions and from 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: Provided further, That up to an additional 5 percent of 
the amount of this limitation may be expended for expenses associated 
with unforeseen termination applications, upon a finding of 
extraordinary circumstances by the Federal Credit Administration Board.

                               TITLE VII

                           GENERAL PROVISIONS

    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 320 passenger motor vehicles, of which 320 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702. Hereafter, funds appropriated by this or any other Act to 
the Department of Agriculture (excluding the Forest Service) shall be 
available for uniforms or allowances as authorized by law (5 U.S.C. 
5901-5902).
    Sec. 703. Hereafter, funds appropriated by this or any other Act to 
the Department of Agriculture (excluding the Forest Service) shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 
2225) and 5 U.S.C. 3109.
    Sec. 704. New obligational authority provided for the following 
appropriation items in this Act shall remain available until expended: 
Animal and Plant Health Inspection Service, the contingency fund to 
meet emergency conditions, information technology infrastructure, fruit 
fly program, emerging plant pests, boll weevil program, low pathogen 
avian influenza program, up to $32,932,000 in animal health monitoring 
and surveillance for the animal identification system, up to $2,993,000 
in the emergency management systems program for the vaccine bank, 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; Food Safety and Inspection 
Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education, and Economics Information System, and funds for the Native 
American Institutions Endowment Fund; Farm Service Agency, salaries and 
expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program, 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.
    Sec. 705. Hereafter, the Secretary of Agriculture may transfer 
unobligated balances of discretionary funds appropriated by this or any 
other Act or other available unobligated discretionary balances of the 
Department of Agriculture to the Working Capital Fund for the 
acquisition of plant and capital equipment necessary for the delivery 
of financial, administrative, and information technology services of 
primary benefit to the agencies of the Department of Agriculture: 
Provided, That none of the funds made available by this Act or any 
other Act shall be transferred to the Working Capital Fund without the 
prior approval of the agency administrator: Provided further, That none 
of the funds transferred to the Working Capital Fund pursuant to this 
section shall be available for obligation without the prior approval of 
the Committees on Appropriations of both Houses of Congress.
    Sec. 706. 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. 707. Hereafter, not to exceed $50,000 of the funds 
appropriated by this or any other Act to the Department of Agriculture 
(excluding the Forest Service) shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the 
Cooperative State Research, Education, and Extension Service shall be 
available to pay full allowable indirect costs for each grant awarded 
under section 9 of the Small Business Act (15 U.S.C. 638).
    Sec. 710. Hereafter, loan levels provided in this or any other Act 
to the Department of Agriculture shall be considered estimates, not 
limitations.
    Sec. 711. 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 cover obligations 
made in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Telephone Bank program 
account, the Rural Electrification and Telecommunication Loans program 
account, and the Rural Housing Insurance Fund program account.
    Sec. 712. 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. 713. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 714. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this 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. 715. None of the funds appropriated or otherwise made 
available to the Department of Agriculture shall be used to transmit or 
otherwise make available to any non-Department of Agriculture employee 
questions or responses to questions that are a result of information 
requested for the appropriations hearing process.
    Sec. 716. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without the prior approval of the Committees 
on Appropriations of both Houses of Congress: Provided further, That 
none of the funds available to the Department of Agriculture for 
information technology shall be obligated for projects over $25,000 
prior to receipt of written approval by the Chief Information Officer.
    Sec. 717. (a) Hereafter, none of the funds appropriated by this or 
any other Act to the agencies funded by this Act, or provided from 
accounts in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming of 
funds which: (1) creates new programs; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any means for 
any project or activity for which funds have been denied or restricted; 
(4) relocates an office or employees; (5) reorganizes offices, 
programs, or activities; or (6) contracts out or privatizes any 
functions or activities presently performed by Federal employees; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (b) Hereafter, none of the funds appropriated by this or any other 
Act to the agencies funded by this Act, or provided from 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, whichever 
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) Hereafter, the Secretary of Agriculture, the Secretary of 
Health and Human Services, or the Chairman of the Commodity Futures 
Trading Commission shall notify the Committees on Appropriations of 
both Houses of Congress before implementing a program or activity not 
carried out during the previous fiscal year unless the program or 
activity is funded by this Act or specifically funded by any other Act.
    Sec. 718. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred in prior 
fiscal years, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out the provisions of section 401 of 
Public Law 105-185, the Initiative for Future Agriculture and Food 
Systems (7 U.S.C. 7621).
    Sec. 719. 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 2006 appropriations Act.
    Sec. 720. None of the funds made available by this or any other Act 
may be used to close or relocate a State Rural Development office 
unless or until cost effectiveness and enhancement of program delivery 
have been determined.
    Sec. 721. In addition to amounts otherwise appropriated or made 
available by this Act, $2,500,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, through 
the Congressional Hunger Center.
    Sec. 722. Hereafter, notwithstanding section 412 of the 
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 
1736f), any balances available to carry out title III of such Act as of 
the date of enactment of this Act, and any recoveries and 
reimbursements that become available to carry out title III of such 
Act, may be used to carry out title II of such Act.
    Sec. 723. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$27,998,000'' and inserting ``$29,998,000''.
    Sec. 724. Notwithstanding any other provision of law, and until 
receipt of the decennial Census in the year 2010, the Secretary of 
Agriculture shall consider the City of Butte/Silverbow, Montana, 
Cleburne County, Arkansas, and the designated Census track areas for 
the Upper Kanawha Valley Enterprise Community, rural areas for purposes 
of eligibility for rural development programs.
    Sec. 725. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance through the Watershed and Flood Prevention Operations 
program for the Matanuska River erosion control project in Alaska, 
Little Otter Creek project in Missouri, the Manoa Watershed project in 
Hawaii, the West Tarkio project in Iowa, the Steeple Run and West 
Branch DuPage River Watershed projects in DuPage County, Illinois, and 
the Coal Creek project in Utah.
    Sec. 726. Hereafter, none of the funds made available in this Act 
may be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this or any other appropriation Act.
    Sec. 727. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 20 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
    Sec. 728. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 14(h)(1) of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 729. 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. 730. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out subtitle I of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009dd through dd-7).
    Sec. 731. Hereafter, agencies and offices of the Department of 
Agriculture may utilize any unobligated salaries and expenses funds to 
reimburse the Office of the General Counsel for salaries and expenses 
of personnel, and for other related expenses, incurred in representing 
such agencies and offices in the resolution of complaints by employees 
or applicants for employment, and in cases and other matters pending 
before the Equal Employment Opportunity Commission, the Federal Labor 
Relations Authority, or the Merit Systems Protection Board with the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.
    Sec. 732. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C. 
2655).
    Sec. 733. Hereafter, the Agricultural Marketing Service and the 
Grain Inspection, Packers and Stockyards Administration, that have 
statutory authority to purchase interest bearing investments outside of 
the Treasury, are not required to establish obligations and outlays for 
those investments, provided those investments are insured by the 
Federal Deposit Insurance Corporation or are collateralized at the 
Federal Reserve with securities approved by the Federal Reserve, 
operating under the guidelines of the United States Department of the 
Treasury.
    Sec. 734. 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 enroll in excess of 150,000 acres in the 
calendar year 2006 wetlands reserve program as authorized by 16 U.S.C. 
3837.
    Sec. 735. 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 who carry out an environmental quality 
incentives program authorized by chapter 4 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess 
of $1,017,000,000.
    Sec. 736. 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 expend the $23,000,000 made available by 
section 9006(f) of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 8106(f)).
    Sec. 737. With the exception of funds provided in fiscal year 2003, 
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 expend the $50,000,000 made available by section 
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C. 
950bb(j)(1)(A)).
    Sec. 738. None of the funds made available in fiscal year 2006 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (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. 739. 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 expend the $120,000,000 made available by 
section 6401(a) of Public Law 107-171.
    Sec. 740. Notwithstanding subsections (c) and (e)(2) of section 
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in 
implementing section 313A of that Act, the Secretary shall, with the 
consent of the lender, structure the schedule for payment of the annual 
fee, not to exceed an average of 30 basis points per year for the term 
of the loan, to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.
    Sec. 741. 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 section 2502 of Public Law 107-
171 in excess of $47,000,000.
    Sec. 742. Of the unobligated balances available in the Special 
Supplemental Nutrition Program for Women, Infants, and Children reserve 
account, $32,000,000 is hereby rescinded.
    Sec. 743. Not more than $10,000,000 for fiscal year 2006 of the 
funds appropriated or otherwise made available by this or any other Act 
shall be used to carry out section 6029 of Public Law 107-171.
    Sec. 744. 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 a ground and surface water 
conservation program authorized by section 2301 of Public Law 107-171 
in excess of $51,000,000.
    Sec. 745. None of the funds made available by this Act may be used 
to issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 746. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs or for 
reimbursement of administrative costs under section 16(a) of the Food 
Stamp Act of 1977 (7 U.S.C. 2025(a)) to a State agency for which more 
than 10 percent of the costs (other than costs for issuance of benefits 
or nutrition education) are obtained under contract.
    Sec. 747. Hereafter, notwithstanding any other provision of law, 
the Secretary of Agriculture may use appropriations available to the 
Secretary for activities authorized under sections 426-426c of title 7, 
United States Code, under this or any other Act, to enter into 
cooperative agreements, with a State, political subdivision, or agency 
thereof, a public or private agency, organization, or any other person, 
to lease aircraft if the Secretary determines that the objectives of 
the agreement will: (1) serve a mutual interest of the parties to the 
agreement in carrying out the programs administered by the Animal and 
Plant Health Inspection Service, Wildlife Services; and (2) all parties 
will contribute resources to the accomplishment of these objectives; 
award of a cooperative agreement authorized by the Secretary may be 
made for an initial term not to exceed 5 years.
    Sec. 748. 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 section 9010 of Public Law 107-
171 in excess of $60,000,000.
    Sec. 749. Hereafter, agencies and offices of the Department of 
Agriculture may utilize any available discretionary funds to cover the 
costs of preparing, or contracting for the preparation of, final agency 
decisions regarding complaints of discrimination in employment or 
program activities arising within such agencies and offices.
    Sec. 750. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 in the current fiscal year 
shall remain available until expended to cover obligations made in the 
current fiscal year, and are not available for new obligations.
    Sec. 751. There is hereby appropriated $1,500,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to 
contaminate rural drinking water supplies.
    Sec. 752. Notwithstanding any other provision of law--
            (1)(A) the Alaska Department of Community and Economic 
        Development shall be eligible to receive a water and waste 
        disposal grant under section 306(a) of the Consolidated Farm 
        and Rural Development Act (7 U.S.C. 1926(a)) in an amount that 
        is equal to not more than 75 percent of the total cost of 
        providing water and sewer service to the proposed hospital in 
        the Matanuska-Susitna Borough, Alaska; and
            (B) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds through to 
        the local government entity that will provide water and sewer 
        service to the hospital;
            (2) or any percentage of cost limitation in current law or 
        regulations, the construction projects known as the Tri-Valley 
        Community Center addition in Healy, Alaska; the Cold Climate 
        Housing Research Center in Fairbanks, Alaska; and the 
        University of Alaska-Fairbanks Allied Health Learning Center 
        skill labs/classrooms shall be eligible to receive Community 
        Facilities grants in amounts that are equal to not more than 75 
        percent of the total facility costs: Provided, That for the 
        purposes of this paragraph, the Cold Climate Housing Research 
        Center is designated an ``essential community facility'' for 
        rural Alaska;
            (3) for any fiscal year and hereafter, in the case of a 
        high cost isolated rural area in Alaska that is not connected 
        to a road system, the maximum level for the single family 
        housing assistance shall be 150 percent of the median household 
        income level in the nonmetropolitan areas of the State and 115 
        percent of all other eligible areas of the State;
            (4)(A) the Natural Resources Conservation Service shall 
        provide financial and technical assistance through the 
        Watershed and Flood Prevention Operations program to carry out 
        the East Locust Creek Watershed Plan Revision in Missouri; and
            (B) the Natural Resources Conservation Service is 
        authorized to provide 100 percent of the engineering assistance 
        and 75 percent cost share for construction cost of the project; 
        and
            (5) 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. 753. Hereafter, notwithstanding the provisions of the 
Consolidated Farm and Rural Development Act (including the associated 
regulations) governing the Community Facilities Program, the Secretary 
may allow all Community Facility Program facility borrowers and 
grantees to enter into contracts with not-for-profit third parties for 
services consistent with the requirements of the Program, grant, and/or 
loan: Provided, That the contracts protect the interests of the 
Government regarding cost, liability, maintenance, and administrative 
fees.
    Sec. 754. Hereafter, notwithstanding any other provision of law, 
the Secretary of Agriculture is authorized to make funding and other 
assistance available through the emergency watershed protection program 
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203) to repair and prevent damage to non-Federal land in watersheds 
that have been impaired by fires initiated by the Federal Government 
and shall waive cost sharing requirements for the funding and 
assistance.
    Sec. 755. None of the funds provided in this Act may be used for 
salaries and expenses to carry out any regulation or rule insofar as it 
would make ineligible for enrollment in the conservation reserve 
program established under subchapter B of chapter 1 of subtitle D of 
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) 
land that is planted to hardwood trees as of the date of enactment of 
this Act and was enrolled in the conservation reserve program under a 
contract that expired prior to calendar year 2002.
    Sec. 756. None of the funds made available under this Act shall be 
available to pay the administrative expenses of a State agency that, 
after the date of enactment of this Act, authorizes any new for-profit 
vendor(s) to transact food instruments under the Special Supplemental 
Nutrition Program for Women, Infants, and Children if it is expected 
that more than 50 percent of the annual revenue of the vendor from the 
sale of food items will be derived from the sale of supplemental foods 
that are obtained with WIC food instruments, except that the Secretary 
may approve the authorization of such a vendor if the approval is 
necessary to assure participant access to program benefits.
    Sec. 757. The Secretary of Agriculture may use any unobligated 
carryover funds made available for any program administered by the 
Rural Utilities Service (not including funds made available under the 
heading ``Rural Community Advancement Program'' in any Act of 
appropriation) to carry out section 315 of the Rural Electrification 
Act of 1936 (7 U.S.C. 940e).
    Sec. 758. There is hereby appropriated $1,000,000, to remain 
available until expended, to carry out provisions of section 751 of 
division A of Public Law 108-7.
    Sec. 759. There is hereby appropriated $500,000 for a grant to 
Alaska Village Initiatives for the purpose of administering a private 
lands wildlife management program in Alaska.
    Sec. 760. There is hereby appropriated $2,250,000, to remain 
available until expended, for a grant to the Wisconsin Federation of 
Cooperatives for pilot Wisconsin-Minnesota health care cooperative 
purchasing alliances.
    Sec. 761. Hereafter, notwithstanding any other provision of law, 
effective with funds made available in fiscal year 2004 to States 
administering the Child and Adult Care Food Program, for the purpose of 
conducting audits of participating institutions, funds identified by 
the Secretary as having been unused during the initial fiscal year of 
availability may be recovered and reallocated by the Secretary: 
Provided, That States may use the reallocated funds until expended for 
the purpose of conducting audits of participating institutions.
    Sec. 762. The Secretary of Agriculture is authorized and directed 
to quitclaim to the City of Elkhart, Kansas, all rights, title and 
interests of the United States in that tract of land comprising 151.7 
acres, more or less, located in Morton County, Kansas, and more 
specifically described in a deed dated March 11, 1958, from the United 
States of America to the City of Elkhart, State of Kansas, and filed of 
record April 4, 1958 at Book 34 at Page 520 in the office of the 
Register of Deeds of Morton County, Kansas.
    Sec. 763. There is hereby appropriated $5,000,000 to carry out the 
Healthy Forests Reserve Program authorized under Title V of Public Law 
108-148 (16 U.S.C. 6571-6578).
    Sec. 764. None of the funds provided in this Act may be used for 
salaries and expenses to draft or implement any regulation or rule 
insofar as it would require recertification of rural status for each 
electric and telecommunications borrower for the Rural Electrification 
and Telecommunication Loans program.
    Sec. 765. 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 a Biomass Research and 
Development Program in excess of $12,000,000, as authorized by Public 
Law 106-224 (7 U.S.C. 7624 note).
    Sec. 766. The Rural Electrification Act of 1936 is amended by 
inserting after section 315 (7 U.S.C. 940e) the following:
    ``Sec. 316. Extension of Period of Existing Guarantee.
    ``(a) In General.--Subject to the limitations in this section and 
the provisions of the Federal Credit Reform Act of 1990, as amended, a 
borrower of a loan made by the Federal Financing Bank and guaranteed 
under this Act may request an extension of the final maturity of the 
outstanding principal balance of such loan or any loan advance 
thereunder. If the Secretary and the Federal Financing Bank approve 
such an extension, then the period of the existing guarantee shall also 
be considered extended.
    ``(b) Limitations.--
            ``(1) Feasibility and security.--Extensions under this 
        section shall not be made unless the Secretary first finds and 
        certifies that, after giving effect to the extension, in his 
        judgment the security for all loans to the borrower made or 
        guaranteed under this Act is reasonably adequate and that all 
        such loans will be repaid within the time agreed. 
            ``(2) Extension of useful life or collateral.--Extensions 
        under this section shall not be granted unless the borrower 
        first submits with its request either--
                    ``(A) evidence satisfactory to the Secretary that a 
                Federal or State agency with jurisdiction and expertise 
                has made an official determination, such as through a 
                licensing proceeding, extending the useful life of a 
                generating plant or transmission line pledged as 
                collateral to or beyond the new final maturity date 
                being requested by the borrower, or
                    ``(B) a certificate from an independent licensed 
                engineer concluding, on the basis of a thorough 
                engineering analysis satisfactory to the Secretary, 
                that the useful life of the generating plant or 
                transmission line pledged as collateral extends to or 
                beyond the new final maturity date being requested by 
                the borrower.
            ``(3) Amount eligible for extension.--Extensions under this 
        section shall not be granted if the principal balance extended 
        exceeds the appraised value of the generating plant or 
        transmission line referred to in subsection paragraph (2).
            ``(4) Period of extension.--Extensions under this section 
        shall in no case result in a final maturity greater than 55 
        years from the time of original disbursement and shall in no 
        case result in a final maturity greater than the useful life of 
        the plant.
            ``(5) Number of extensions.--Extensions under this section 
        shall not be granted more than once per loan advance.
    ``(c) Fees.--
            ``(1) In general.--A borrower that receives an extension 
        under this section shall pay a fee to the Secretary which shall 
        be credited to the Rural Electrification and Telecommunications 
        Loans Program account. Such fees shall remain available without 
        fiscal year limitation to pay the modification costs for 
        extensions.
            ``(2) Amount.--The amount of the fee paid shall be equal to 
        the modification cost, calculated in accordance with section 
        502 of the Federal Credit Reform Act of 1990, as amended, of 
        such extension.
            ``(3) Payment.--The borrower shall pay the fee required 
        under this section at the time the existing guarantee is 
        extended by making a payment in the amount of the required 
        fee.''.
    Sec. 767. Notwithstanding any other provision of law, none of the 
funds provided for in this or any other Act may be used in this and 
each fiscal year hereafter for the review, clearance, or approval for 
sale in the United States of any contact lens unless the manufacturer 
certifies that it makes any contact lens it produces, markets, 
distributes, or sells available in a commercially reasonable and non-
discriminatory manner directly to and generally within all alternative 
channels of distribution: Provided, That for the purposes of this 
section, the term `manufacturer' includes the manufacturer and its 
parents, subsidiaries, affiliates, successors and assigns, and 
`alternative channels of distribution' means any mail order company, 
Internet retailer, pharmacy, buying club, department store, mass 
merchandise outlet or other appropriate distribution alternative 
without regard to whether it is associated with a prescriber: Provided 
further, That nothing in this section shall be interpreted as waiving 
any obligation of a seller under 15 U.S.C. 7603: Provided further, That 
to facilitate compliance with this section, 15 U.S.C. 7605 is amended 
by inserting after the period: ``A manufacturer shall make any contact 
lens it produces, markets, distributes or sells available in a 
commercially reasonable and non-discriminatory manner directly to and 
generally within all alternative channels of distribution; provided 
that, for the purposes of this section, the term `alternative channels 
of distribution' means any mail order company, Internet retailer, 
pharmacy, buying club, department store, mass merchandise outlet or 
other appropriate distribution alternative without regard to whether it 
is associated with a prescriber; the term `manufacturer' includes the 
manufacturer and its parents, subsidiaries, affiliates, successors and 
assigns; and any rule prescribed under this section shall take effect 
not later than 60 days after the date of enactment.''
    Sec. 768. (a) In General.--Hereafter, the Secretary of Health and 
Human Services, on behalf of the United States may, whenever the 
Secretary deems desirable, relinquish to the State of Arkansas all or 
part of the jurisdiction of the United States over the lands and 
properties encompassing the Jefferson Labs campus in the State of 
Arkansas that are under the supervision or control of the Secretary.
    (b) Terms.--Relinquishment of jurisdiction under this section may 
be accomplished, under terms and conditions that the Secretary deems 
advisable,
            (1) by filing with the Governor of the State of Arkansas a 
        notice of relinquishment to take effect upon acceptance 
        thereof; or
            (2) as the laws of such State may otherwise provide.
    (c) Definition.--In this section, the term ``Jefferson Labs 
campus'' means the lands and properties of the National Center for 
Toxicological Research and the Arkansas Regional Laboratory.
    Sec. 769. Section 204(b)(3)(A) of the Child Nutrition and WIC 
Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note) is 
amended by striking ``July 1, 2006'' and inserting ``October 1, 2005''.
    Sec. 770. (a) Section 18(f)(1)(B) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended--
            (1) by striking ``April 2004'' and inserting ``June 2005''; 
        and
            (2) in clause (ii), by striking ``66.67'' and inserting 
        ``75''.
    (b) The amendments made by subsection (a) take effect on January 1, 
2006.
    Sec. 771. There is hereby appropriated $1,250,000 to the National 
Agricultural Imagery Program to acquire one meter natural color digital 
ortho-imagery of the entire state of Utah.
    Sec. 772. Notwithstanding any other provision of law, for 
eligibility to participate in the Environmental Quality Incentives 
Program (EQIP), a producer is deemed to have an interest in a farming 
or ranching operation whether the source of income for that operation 
is derived from crops or livestock owned by that producer, or owned by 
another and raised by that producer.
    Sec. 773. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank, except 
in the event of liquidation or dissolution of the telephone bank during 
fiscal year 2006, pursuant to section 411 of the Rural Electrification 
Act of 1936, as amended, or to maintain any account or subaccount 
within the accounting records of the Rural Telephone Bank the creation 
of which has not specifically been authorized by statute: Provided, 
That notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available in this Act may be used to 
transfer to the Treasury or to the Federal Financing Bank any 
unobligated balance of the Rural Telephone Bank telephone liquidating 
account which is in excess of current requirements and such balance 
shall receive interest as set forth for financial accounts in section 
505(c) of the Federal Credit Reform Act of 1990.
    Sec. 774. There is hereby appropriated $2,000,000 to carry out 
Section 120 of Public Law 108-265 in Utah and Wisconsin.
    Sec. 775. There is hereby appropriated $700,000 to provide 
administrative support for a world food hunger organization: Provided, 
That none of the funds may be used for a monetary award to an 
individual.
    Sec. 776. Notwithstanding any other provision of law, the Secretary 
of Agriculture may consider the Municipality of Carolina, Puerto Rico, 
as meeting the eligibility requirements for loans and grants programs 
in the Rural Development mission area.
    Sec. 777. It is the sense of the Senate that the United States 
Government should not permit the importation into the United States of 
beef from Japan until the Government of Japan takes appropriate actions 
to permit the importation into Japan of beef from the United States.
    Sec. 778. None of the funds made available under this Act shall be 
used by the Secretary of Agriculture for the purpose of developing a 
final rule relating to the proposed rule entitled ``Importation of 
Whole Cuts of Boneless Beef from Japan'', dated August 18, 2005 (70 
Fed. Reg. 48494), to allow the importation of beef from Japan, unless 
the President certifies to Congress that Japan has granted open access 
to Japanese markets for beef and beef products produced in the United 
States.
    Sec. 779. (a) Section 8c(5) of the Agricultural Adjustment Act (7 
U.S.C. 608c(5)), reenacted with amendments by the Agricultural 
Marketing Agreement Act of 1937, is amended by adding at the end the 
following:
                    ``(M) Minimum milk prices for handlers.--
                            ``(i) Application of minimum price 
                        requirements.--Notwithstanding any other 
                        provision of this section, a milk handler 
                        described in clause (ii) shall be subject to 
                        all of the minimum and uniform price 
                        requirements of a Federal milk marketing order 
                        issued pursuant to this section applicable to 
                        the county in which the plant of the handler is 
                        located, at Federal order class prices, if the 
                        handler has packaged fluid milk product route 
                        dispositions, or sales of packaged fluid milk 
                        products to other plants, in a marketing area 
                        located in a State that requires handlers to 
                        pay minimum prices for raw milk purchases.
                            ``(ii) Covered milk handlers.--Except as 
                        provided in clause (iv), clause (i) applies to 
                        a handler of Class I milk products (including a 
                        producer-handler or producer operating as a 
                        handler) that--
                                    ``(I) operates a plant that is 
                                located within the boundaries of a 
                                Federal order milk marketing area (as 
                                those boundaries are in effect on the 
                                date of enactment of this 
                                subparagraph);
                                    ``(II) has packaged fluid milk 
                                product route dispositions, or sales of 
                                packaged fluid milk products to other 
                                plants, in a milk marketing area 
                                located in a State that requires 
                                handlers to pay minimum prices for raw 
                                milk purchases; and
                                    ``(III) is not otherwise obligated 
                                by a Federal milk marketing order, or a 
                                regulated milk pricing plan operated by 
                                a State, to pay minimum class prices 
                                for the raw milk that is used for the 
                                milk dispositions or sales.
                            ``(iii) Obligation to pay minimum class 
                        prices.--For the purpose of clause (ii)(III), 
                        the Secretary may not consider a handler of 
                        Class I milk products to be obligated by a 
                        Federal milk marketing order to pay minimum 
                        class prices for raw milk unless the handler 
                        operates the plant as a fully regulated fluid 
                        milk distributing plant under a Federal milk 
                        marketing order.
                            ``(iv) Certain handlers exempted.--Clause 
                        (i) does not apply to--
                                    ``(I) a handler (otherwise 
                                described in clause (ii)) that operates 
                                a nonpool plant (as defined in section 
                                1000.8(e) of title 7, Code of Federal 
                                Regulations (as in effect on the date 
                                of enactment of this subparagraph));
                                    ``(II) a producer-handler 
                                (otherwise described in clause (ii)) 
                                for any month during which the 
                                producer-handler has route 
                                dispositions, and sales to other 
                                plants, of packaged fluid milk products 
                                equaling less than 3,000,000 pounds of 
                                milk; or
                                    ``(III) a handler (otherwise 
                                described in clause (ii)) for any month 
                                during which--
                                            ``(aa) less than 25 percent 
                                        of the total quantity of fluid 
                                        milk products physically 
                                        received at the plant of the 
                                        handler (excluding concentrated 
                                        milk received from another 
                                        plant by agreement for other 
                                        than Class I use) is disposed 
                                        of as route disposition or is 
                                        transferred in the form of 
                                        packaged fluid milk products to 
                                        other plants; or
                                            ``(bb) less than 25 percent 
                                        in aggregate of the route 
                                        disposition or transfers are in 
                                        a marketing area or areas 
                                        located in 1 or more States 
                                        that require handlers to pay 
                                        minimum prices for raw milk 
                                        purchases.
                    ``(N) Exemption for certain milk handlers.--
                Notwithstanding any other provision of this section, no 
                handler with distribution of Class I milk products in 
                the Arizona-Las Vegas marketing area (Order No. 131) 
                shall be exempt during any month from any minimum milk 
                price requirement established by the Secretary under 
                this subsection if the total distribution of Class I 
                products during the preceding month of any such 
                handler's own farm production that exceeds 3,000,000 
                pounds.''.
    (b) Section 8c(11) of the Agricultural Adjustment Act (7 U.S.C. 
608c(11)), reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, is amended--
            (1) in subparagraph (C), by striking the last sentence; and
            (2) by adding at the end the following:
                    ``(D) Exclusion of nevada from federal milk 
                marketing orders.--In the case of milk and its 
                products, no county or other political subdivision 
                located in the State of Nevada shall be within a 
                marketing area covered by any order issued under this 
                section.''.
    (c) Notwithstanding any other provision of this section or the 
amendments made by this section, a milk handler (including a producer-
handler or producer operating as a handler) that is subject to 
regulation under this section or an amendment made by this section 
shall comply with any requirement under section 1000.27 of title 7, 
Code of Federal Regulations (or a successor regulation) relating to 
responsibility of handlers for records or facilities.
    (d)(1) This section and the amendments made by this section take 
effect on the first day of the first month beginning more than 15 days 
after the date of enactment of this Act.
    (2) To accomplish the expedited implementation schedule for the 
amendment made by subsection (a), effective on the date of enactment of 
this Act, the Secretary of Agriculture shall ensure that the pool 
distributing plant provisions of each Federal milk marketing order 
issued under section 8c(5)(B) of the Agricultural Adjustment Act (7 
U.S.C. 608c(5)(B)), reenacted with amendments by the Agricultural 
Marketing Agreement of 1937, provides that a handler described in 
section 8c(5)(M) of the Agricultural Adjustment Act, reenacted with 
amendments by the Agricultural Marketing Agreement of 1937 (as added by 
subsection (a))), will be fully regulated by the order in which the 
distributing plant of the handler is located.
    (3) Implementation of this section and the amendments made by this 
section shall not be subject to a referendum under section 8c(19) of 
the Agricultural Adjustment Act (7 U.S.C. 608c(19)), reenacted with 
amendments by the Agricultural Marketing Agreement Act of 1937.
    Sec. 780. (a) Subject to subsection (b), none of the funds made 
available in this Act may be used to--
            (1) grant a waiver of a financial conflict of interest 
        requirement pursuant to section 505(n)(4) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 355(n)(4)) for any voting 
        member of an advisory committee or panel of the Food and Drug 
        Administration; or
            (2) make a certification under section 208(b)(3) of title 
        18, United States Code, for any such voting member.
    (b) Subsection (a) shall not apply to a waiver or certification 
if--
            (1) not later than 15 days prior to a meeting of an 
        advisory committee or panel to which such waiver or 
        certification applies, the Secretary of Health and Human 
        Services discloses on the Internet website of the Food and Drug 
        Administration--
                    (A) the nature of the conflict of interest at 
                issue; and
                    (B) the nature and basis of such waiver or 
                certification (other than information exempted from 
                disclosure under section 552 of title 5, United States 
                Code (popularly known as the Freedom of Information 
                Act)); or
            (2) in the case of a conflict of interest that becomes 
        known to the Secretary less than 15 days prior to a meeting to 
        which such waiver or certification applies, the Secretary shall 
        make such public disclosure as soon as possible thereafter, but 
        in no event later than the date of such meeting.
    (c) None of the funds made available in this Act may be used to 
make a new appointment to an advisory committee or panel of the Food 
and Drug Administration unless the Commissioner of Food and Drugs 
submits a confidential report to the Inspector General of the 
Department of Health and Human Services of the efforts made to identify 
qualified persons for such appointment with minimal or no potential 
conflicts of interest.
    Sec. 781. (a) Hereafter, none of the funds made available by this 
Act or any other Act may be used to publish, disseminate, or distribute 
Agriculture Information Bulletin Number 787.
    (b) Of the funds provided to the Economic Research Service, the 
Secretary of Agriculture shall enter into an agreement with the 
National Academy of Sciences to conduct a comprehensive report on the 
economic development and current status of the sheep industry in the 
United States.
    Sec. 782. The Secretary of Agriculture may establish a 
demonstration intermediate relending program for the construction and 
rehabilitation of housing for the Mississippi Band of Choctaw Indians: 
Provided, That the interest rate for direct loans shall be 1 percent: 
Provided further, That no later than one year after the establishment 
of this program the Secretary shall provide the Committees on 
Appropriations with a report providing information on the program 
structure, management, and general demographic information on the loan 
recipients.
    Sec. 783. None of the funds made available by this Act may be used 
to provide funding to a research facility that purchases animals from a 
dealer that holds a Class B license under the Animal Welfare Act (7 
U.S.C. 2131 et seq.).
    Sec. 784. None of the funds made available by this Act may be used 
to approve for human consumption under the Federal Meat Inspection Act 
(21 U.S.C. 601 et seq.) any cattle, sheep, swine, or goats, or horses, 
mules, or other equines that are unable to stand or walk unassisted at 
a slaughtering, packing, meat-canning, rendering, or similar 
establishment subject to inspection at the point of examination and 
inspection under section 3(a) of that Act (21 U.S.C. 603(a)).
    Sec. 785. None of the funds made available by this or any other Act 
may be used to close or relocate a county or local Farm Service Agency 
office unless or until the Secretary of Agriculture has determined the 
cost effectiveness and enhancement of program delivery of the closure 
or relocation, and report to the House and Senate Committees on 
Agriculture and Appropriations.
    Sec. 786. None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to inspect horses under 
section 3 of the Federal Meat Inspection Act (21 U.S.C. 603) or under 
the guidelines issued under section 903 the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-
127).
    Sec. 787. Section 508(a)(4)(B) of the Federal Crop Insurance Act (7 
U.S.C. 1508(a)(4)(B)) is amended by inserting ``or similar 
commodities'' after ``the commodity''.
    Sec. 788. 90 days before initiating any structural change in a 
mission area of the Department, the Secretary of Agriculture shall 
provide notice of the change to the Committees on Appropriations of the 
Senate and the House of Representatives.
    Sec. 789. (a) Notwithstanding subtitles B and C of the Dairy 
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.), during 
fiscal year 2006, the National Dairy Promotion and Research Board may 
obligate and expend funds for any activity to improve the environment 
and public health.
    (b) The Secretary of Agriculture shall review the impact of any 
expenditures under subsection (a) and include the review in the 2007 
report of the Secretary to Congress on the dairy promotion program 
established under subtitle B of the Dairy Production Stabilization Act 
of 1983 (7 U.S.C. 4501 et seq.).
    Sec. 790. Section 274(a)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1324(a)(1)) is amended by adding at the end the following: 
``(C) It is not a violation of clauses (ii) or (iii) of subparagraph 
(A), or of clause (iv) of subparagraph (A) except where a person 
encourages or induces an alien to come to or enter the United States, 
for a religious denomination having a bona fide nonprofit, religious 
organization in the United States, or the agents or officers of such 
denomination or organization, to encourage, invite, call, allow, or 
enable an alien who is present in the United States to perform the 
vocation of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is not compensated 
as an employee, notwithstanding the provision of room, board, travel, 
medical assistance, and other basic living expenses, provided the 
minister or missionary has been a member of the denomination for at 
least one year.''
    Sec. 791. The Federal facility located at the South Mississippi 
Branch Experiment Station in Poplarville, Mississippi, and known as the 
``Southern Horticultural Laboratory'', shall be known and designated as 
the ``Thad Cochran Southern Horticultural Laboratory'': Provided, That 
any reference in law, map, regulation, document, paper, or other record 
of the United States to such Federal facility shall be deemed to be a 
reference to the ``Thad Cochran Southern Horticultural Laboratory''.
    Sec. 792. As soon as practicable after the Agricultural Research 
Service operations at the Western Cotton Research Laboratory located at 
4135 East Broadway Road in Phoenix, Arizona, have ceased, the Secretary 
of Agriculture may convey, without consideration, to the Arizona Cotton 
Growers Association and Supima all right, title, and interest of the 
United States in and to the real property at that location, including 
improvements.
    Sec. 793. The Secretary of Agriculture shall--
            (1) as soon as practicable after the date of enactment of 
        this Act, conduct an evaluation of any impacts of the court 
        decision in Harvey v. Veneman, 396 F.3d 28 (1st Cir. Me. 2005); 
        and
            (2) not later than 90 days after the date of enactment of 
        this Act, submit to Congress a report that--
                    (A) describes the results of the evaluation 
                conducted under paragraph (1);
                    (B) includes a determination by the Secretary on 
                whether restoring the National Organic Program, as in 
                effect on the day before the date of the court decision 
                described in paragraph (1), would adversely affect 
                organic farmers, organic food processors, and 
                consumers;
                    (C) analyzes issues regarding the use of synthetic 
                ingredients in processing and handling;
                    (D) analyzes the utility of expedited petitions for 
                commercially unavailable agricultural commodities and 
                products; and
                    (E) considers the use of crops and forage from land 
                included in the organic system plan of dairy farms that 
                are in the third year of organic management.
    Sec. 794. (a) Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Animal and Plant Health Inspection 
Service (referred to in this section as the ``Administrator'') shall 
publish in the Federal Register uniform methods and rules for 
addressing chronic wasting disease.
    (b) If the Administrator does not publish the uniform methods and 
rules by the deadline specified in subsection (a), not later than 30 
days after the deadline and every 30 days thereafter until the uniform 
methods and rules are published in accordance with that subsection, the 
Administrator shall submit to Congress a report that--
            (1) describes the status of the uniform methods and rules; 
        and
            (2) provides an estimated completion date for the uniform 
        methods and rules.
    Sec. 795. (a) In carrying out a livestock assistance, compensation, 
or feed program, the Secretary of Agriculture shall include horses 
within the definition of ``livestock'' covered by the program.
    (b)(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 
1471(2)) is amended--
            (A) by inserting ``horses'', after ``bison''; and
            (B) by striking ``equine animals used for food or in the 
        production of food,''.
    (2) Section 806 of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2001 
(Public Law 106-387; 114 Stat. 1549A-51) is amended by inserting 
``(including losses to elk, reindeer, bison, and horses)'' after 
``livestock losses''.
    (3) Section 10104(a) of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 1472(a)) is amended by striking ``and bison'' and 
inserting ``bison, and horses''.
    (4) Section 203(d)(2) of the Agricultural Assistance Act of 2003 
(Public Law 108-7; 117 Stat. 541) is amended by striking ``and bison'' 
and inserting ``bison, and horses''.
    (c)(1) This section and the amendments made by this section apply 
to losses resulting from a disaster that occurs on or after July 28, 
2005.
    (2) This section and the amendments made by this section do not 
apply to losses resulting from a disaster that occurred before July 28, 
2005.
    Sec. 796. With respect to the sale of the Thermo Pressed Laminates 
building in Klamath Falls, Oregon, the Secretary of Agriculture may 
allow the Klamath County Economic Development Corporation to establish 
a revolving economic development loan fund with the funds that 
otherwise would be required to be repaid to the Secretary in accordance 
with the rural business enterprise grant under section 310B(c)(1)(B) of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)).
    Sec. 797. Sense of the Senate.--(a) Findings.--The Senate finds the 
following:
            (1) In a time of national catastrophe, it is the 
        responsibility of Congress and the Executive Branch to take 
        quick and decisive action to help those in need.
            (2) The size, scope, and complexity of Hurricane Katrina 
        are unprecedented, and the emergency response and long-term 
        recovery efforts will be extensive and require significant 
        resources.
            (3) It is the responsibility of Congress and the Executive 
        Branch to ensure the financial stability of the nation by being 
        good stewards of Americans' hard-earned tax dollars.
    (b) Sense of the Senate.--It is the sense of the Senate that any 
funding directive contained in this Act, or its accompanying report, 
that is not specifically authorized in any Federal law as of the date 
of enactment of this section, or Act or resolution passed by the Senate 
during the 1st Session of the 109th Congress prior to such date, or 
proposed in pursuance to an estimate submitted in accordance with law, 
that is for the benefit of an identifiable program, project, activity, 
entity, or jurisdiction and is not directly related to the impact of 
Hurricane Katrina, may be redirected to recovery efforts if the 
appropriate head of an agency or department determines, after 
consultation with appropriate Congressional Committees, that the 
funding directive is not of national significance or is not in the 
public interest.
    Sec. 798. (a) The Senate finds the following:
            (1) Research and development have been critical components 
        of the prosperity of the United States.
            (2) The United States is entering an increasingly 
        competitive world in the 21st century.
            (3) The National Academy of Sciences has found that public 
        agricultural research and development expenditures in the 
        United States were the lowest of any developed country in the 
        world.
            (4) The Nation needs to ensure that public spending for 
        agricultural research is commensurate with the importance of 
        agriculture to the long-term economic health of the Nation.
            (5) Research and development is critical to ensuring that 
        American agriculture remains strong and vital in the coming 
        decades.
    (b) It is the sense of the Senate that, in order for the United 
States to remain competitive, the President and the Department of 
Agriculture should increase public sector funding of agricultural 
research and development.
    Sec. 799. It is the sense of the Senate that--
            (1) the Senate--
                    (A) encourages expanded efforts to alleviate hunger 
                throughout developing countries; and
                    (B) pledges to continue to support international 
                hunger relief efforts;
            (2) the United States Government should use financial and 
        diplomatic resources to work with other donors to ensure that 
        food aid programs receive all necessary funding and supplies; 
        and
            (3) food aid should be provided in conjunction with 
        measures to alleviate hunger, malnutrition, and poverty.
    Sec. 800. Amounts made available for the Plant Materials Center in 
Fallon, Nevada, under the heading ``conservation operations'' under the 
heading ``natural resources conservation service'' of title II of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2823) shall remain available until expended.
    Sec. 801. Not later than 90 days after the date of enactment of 
this Act, the Secretary of Agriculture, in cooperation with the 
Secretary of Energy, shall provide to the Committee on Appropriations 
of the Senate and the Committee on Appropriations of the House of 
Representatives a report that describes the impact of increased prices 
of gas, natural gas, and diesel on agricultural producers, ranchers, 
and rural communities.
    Sec. 802. The Secretary of Agriculture (referred to in this section 
as the ``Secretary'') shall prepare a report for submission by the 
President to Congress, along with the fiscal year 2007 budget request 
under section 1105 of title 31, United States Code, that--
            (1) identifies measures to address bark beetle infestation 
        and the impacts of bark beetle infestation as the first 
        priority for assistance under the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6501 et seq.);
            (2) describes activities that will be conducted by the 
        Secretary to address bark beetle infestations and the impacts 
        of bark beetle infestations;
            (3) describes the financial and technical resources that 
        will be dedicated by the Secretary to measures to address bark 
        beetle infestations and the impacts of the infestations; and
            (4) describes the manner in which the Secretary will 
        coordinate with the Secretary of the Interior and State and 
        local governments in conducting the activities under paragraph 
        (2).
    Sec. 803. Any limitation, directive, or earmarking contained in 
either the House of Representatives or Senate report accompanying H.R. 
2744 shall also be included in the conference report or joint statement 
accompanying H.R. 2744 in order to be considered as having been 
approved by both Houses of Congress.
    Sec. 804. (a) Congress makes the following findings:
            (1) Consumers need clear and consistent information about 
        the risks associated with exposure to the sun, and the 
        protection offered by over-the-counter sunscreen products.
            (2) The Food and Drug Administration (referred to in this 
        section as the ``FDA'') began developing a monograph for over-
        the-counter sunscreen products in 1978.
            (3) In 2002, after 23 years, the FDA issued the final 
        monograph for such sunscreen products.
            (4) One of the most critical aspects of sunscreen is how to 
        measure protection against UVA rays, which cause skin cancer.
            (5) The final sunscreen monograph failed to address this 
        critical aspect and, accordingly, the monograph was stayed 
        shortly after being issued until issuance of a comprehensive 
        monograph.
            (6) Skin cancer rates continue to rise, especially in 
        younger adults and women.
            (7) Pursuant to section 751 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 379r), a Federal rule on sunscreen 
        labeling would preempt any related State labeling requirements.
            (8) The absence of a Federal rule could lead to a patchwork 
        of State labeling requirements that would be confusing to 
        consumers and unnecessarily burdensome to manufacturers.
    (b) It is the sense of Congress that the FDA should, not later than 
one year after the date of enactment of this Act, issue a comprehensive 
final monograph for over-the-counter sunscreen products, including UVA 
and UVB labeling requirements, in order to provide consumers with all 
the necessary information regarding the dangers of skin cancer and the 
importance of wearing sunscreen.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2744

_______________________________________________________________________

                               AMENDMENT