[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