[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 2744

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2006, and for other purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                        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, $934,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $16,462,000.

                      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, $124,580,000 (reduced by 
$40,000,000) (reduced by $2,000,000) (reduced by $855,000) (reduced by 
$21,000,000) 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, $811,000.

                         Office of Civil Rights

    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, $183,133,000, 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, $35,399,000: 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.), $15,644,000, 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, $3,821,000: 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, 
$79,626,000, 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, 
$38,439,000.

  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, 
$75,931,000.

                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, 
$136,241,000, 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, $1,035,475,000: 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 funds may be received from any State, other 
political sub-division, 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, is authorized to 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.
    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, $87,300,000, 
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, 
$661,691,000 (increased by $855,000), as follows: to carry out the 
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), $178,807,000; 
for grants for cooperative forestry research (16 U.S.C. 582a through a-
7), $22,255,000; for payments to the 1890 land-grant colleges, 
including Tuskegee University and West Virginia State University (7 
U.S.C. 3222), $37,704,000, 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)), $92,064,000; for special grants for agricultural 
research on improved pest control (7 U.S.C. 450i(c)), $15,038,000; for 
competitive research grants (7 U.S.C. 450i(b)), $214,634,000; 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), $1,187,000; 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), $1,000,000, to remain available until 
expended; for rangeland research grants (7 U.S.C. 3333), $1,000,000; 
for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), 
$4,500,000, to remain available until expended (7 U.S.C. 2209b); for 
higher education challenge grants (7 U.S.C. 3152(b)(1)), $5,500,000; 
for a higher education multicultural scholars program (7 U.S.C. 
3152(b)(5)), $998,000, to remain available until expended (7 U.S.C. 
2209b); for an education grants program for Hispanic-serving 
Institutions (7 U.S.C. 3241), $5,645,000 (increased by $855,000); 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, $2,997,000; for a secondary agriculture education program and 
2-year post-secondary education (7 U.S.C. 3152(j)), $1,000,000; 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, $2,250,000; for resident instruction 
grants for insular areas under section 1491 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3363), $500,000; and for necessary expenses of Research and 
Education Activities, $39,773,000, of which $2,750,000 for the 
Research, Education, and Economics Information System and $2,173,000 
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, $444,871,000, 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, 
$275,940,000; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $62,409,000; payments for the pest 
management program under section 3(d) of the Act, $10,000,000; 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, $1,000,000; 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, $7,978,000; for youth farm safety 
education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $444,000; 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, 
$1,996,000; 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, $33,868,000, 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; and for necessary expenses of Extension 
Activities, $16,531,000.

                         Integrated Activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $15,513,000, as 
follows: 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, $1,000,000; for grants programs 
authorized under section 2(c)(1)(B) of Public Law 89-106, as amended, 
$1,000,000, to remain available until September 30, 2007 for the 
critical issues program, and $1,513,000 for the regional rural 
development centers program; and $12,000,000 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), 
$5,935,000 (increased by $1,875,000), 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, $823,635,000 (increased by 
$18,885,000), 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 $38,634,000 shall be used for the boll weevil 
eradication program for cost share purposes or for debt retirement for 
active eradication zones; of which $33,340,000 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.
    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, $78,032,000, 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)), 
$1,347,000.

        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, $38,400,000: 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, $590,000.

                   FOOD SAFETY AND INSPECTION SERVICE

                         Salaries and Expenses

    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), $837,264,000, of which no 
less than $756,152,000 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 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, 
$1,023,738,000: 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.

                        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, $1,600,000,000, of which $1,400,000,000 shall be for 
guaranteed loans and $200,000,000 shall be for direct loans; operating 
loans, $2,116,256,000, of which $1,200,000,000 shall be for 
unsubsidized guaranteed loans, $266,256,000 shall be for subsidized 
guaranteed loans and $650,000,000 shall be for direct loans; Indian 
tribe land acquisition loans, $2,020,000; 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, $16,960,000, of which 
$6,720,000 shall be for guaranteed loans, and $10,240,000 shall be for 
direct loans; operating loans, $134,317,000, of which $36,360,000 shall 
be for unsubsidized guaranteed loans, $33,282,000 shall be for 
subsidized guaranteed loans, and $64,675,000 shall be for direct loans; 
and Indian tribe land acquisition loans, $81,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $305,127,000, of which 
$297,127,000 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

                 Administrative and Operating Expenses

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $77,806,000: 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 for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$793,640,000 (reduced by $20,000,000), to remain available until March 
31, 2007, of which not less than $10,457,000 is for snow survey and 
water forecasting, and not less than $10,547,000 is for operation and 
establishment of the plant materials centers, and of which not less 
than $27,312,000 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), $7,026,000.

               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 $25,000,000 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, 
$27,000,000 (increased by $20,000,000), 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), $51,360,000, to remain 
available until expended: Provided, That the Secretary shall enter into 
a cooperative or contribution agreement, within 45 days of enactment of 
this Act, with a national association regarding a Resource Conservation 
and Development program and such agreement shall contain the same 
matching, contribution requirements, and funding level, set forth in a 
similar cooperative or contribution agreement with a national 
association in fiscal year 2002: Provided further, That not to exceed 
$3,411,000 shall be available for national headquarters activities.

                               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, $627,000.

                  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, $657,389,000, to remain available until expended, of which 
$38,006,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $531,162,000 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 $500,000 shall be available 
for the rural utilities program described in section 306(a)(2)(B) of 
such Act, and of which not to exceed $1,000,000 shall be available for 
the rural utilities program described in section 306E of such Act; and 
of which $88,221,000 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, $24,000,000 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 $4,000,000 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, $6,200,000 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; $1,000,000 
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; not to exceed $17,500,000 shall 
be for technical assistance grants for rural water and waste systems 
pursuant to section 306(a)(14) of such Act, unless the Secretary makes 
a determination of extreme need, of which $5,600,000 shall be for Rural 
Community Assistance Programs; and not to exceed $14,000,000 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 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; 
$152,623,000: 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: $4,821,832,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $1,140,799,000 shall be for 
direct loans, and of which $3,681,033,000 shall be for unsubsidized 
guaranteed loans; $35,969,000 for section 504 housing repair loans; 
$100,000,000 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, $170,837,000, of which 
$129,937,000 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, $10,521,000; section 515 
rental housing, $45,880,000; section 538 multi-family housing 
guaranteed loans, $5,420,000; multi-family credit sales of acquired 
property, $681,000; and 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.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $455,242,000, 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, 
$650,026,000; 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, 
$5,900,000 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 $20,000 per project for advances to non-profit 
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.

                  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, 2006, 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, 
$41,000,000, to remain available until expended: Provided, 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, $32,728,000, 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 the Delta Regional Authority (7 U.S.C. 1921 
et seq.): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That of the total amount 
appropriated, $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, $4,719,000 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, $18,877,000 shall not be 
obligated and $18,877,000 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), $24,000,000 (increased by $40,000,000), of which $500,000 shall 
be for cooperative research agreements; 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 $1,000,000 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 not to exceed $15,500,000 (increased by 
$40,000,000), 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, $10,000,000, 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 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, $2,100,000,000; Treasury rate direct electric 
loans, $1,000,000,000; guaranteed under-writing loans pursuant to 
section 313A, $1,000,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$424,000,000; 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, $38,907,000 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''.
    Of the unobligated balances from the Rural Telephone Bank 
Liquidating Account, $2,500,000 shall not be obligated and $2,500,000 
are rescinded.

         Distance Learning, Telemedicine, and Broadband Program

    For the principal amount of direct distance learning and 
telemedicine loans, $50,000,000; and for the principal amount of direct 
broadband telecommunication loans, $463,860,000.
    For the cost of direct loans and grants for telemedicine and 
distance learning services in rural areas, as authorized by 7 U.S.C. 
950aaa et seq., $25,750,000, to remain available until expended, of 
which $750,000 shall be for direct loans: Provided, That the cost of 
direct loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $9,973,000, to remain available until expended: 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, $9,000,000, 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; 
$12,412,027,000, to remain available through September 30, 2007, of 
which $7,224,406,000 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.

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: 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) shall be effective in 2006; 
including $14,000,000 for the purposes specified in section 
17(h)(10)(B)(i): 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 on or after October 1, 2005, or the date of enactment of this act, 
whichever is later, any individual seeking certification or 
recertification for benefits under the income eligibility provisions of 
section 17(d)(2)(iii) of the Child Nutrition Act of 1966 shall meet 
such eligibility requirements only if the income, as determined under 
title XIX of the Social Security Act, of the individual or the family 
of which the individual is a member is less than 250 percent of the 
applicable nonfarm income poverty guideline: 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 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, $178,797,000, 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.

                   Nutrition Programs Administration

    For necessary administrative expenses of the domestic nutrition 
assistance programs funded under this Act, $140,761,000.

                                TITLE V

                      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), $148,224,000: 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.
    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, $1,107,094,000, 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

                      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; $1,837,928,000: 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) 
$444,095,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $519,814,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs; (3) $178,713,000 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) $243,939,000 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, of which $21,974,000 is for White Oak 
Consolidation, 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) $117,060,000 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 of the funds provided herein for other activities, 
$5,853,000 may not be obligated until the Commissioner or Acting 
Commissioner has presented public testimony on the President's 2006 
budget request before the Committee on Appropriations of the House of 
Representatives: 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, 
$5,000,000 to remain available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Future 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.

                     TITLE VII--GENERAL PROVISIONS

                    (including rescission of funds)

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 320 passenger motor vehicles, of which 320 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act 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, up to 
$8,000,000 in the low pathogen avian influenza program for indemnities, 
up to $1,500,000 in the scrapie program for indemnities, up to 
$33,340,000 in animal health monitoring and surveillance for the animal 
identification system, up to $3,009,000 in the emergency management 
systems program for the vaccine bank, 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)); Farm Service Agency, salaries and 
expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program, and up to 
$1,565,000 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. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none 
of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior approval of the 
Committees on Appropriations of both Houses of Congress.
    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. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act 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 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. 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. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. 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 Electrification and 
Telecommunication Loans program account, and the Rural Housing 
Insurance Fund program account.
    Sec. 713. 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. 714. 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. 715. 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. 716. None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 717. 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. 718. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Committees 
        on Appropriations of both Houses of Congress are notified 15 
        days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of 
Congress before implementing a program or activity not carried out 
during the previous fiscal year unless the program or activity is 
funded by this Act or specifically funded by any other Act.
    Sec. 719. 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. 720. 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 2007 appropriations Act.
    Sec. 721. 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. 722. 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. 723. 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. 724. 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 ``$28,498,000''.
    Sec. 725. Of any shipments of commodities made pursuant to section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 
Secretary of Agriculture shall, to the extent practicable, direct that 
tonnage equal in value to not more than $25,000,000 shall be made 
available to foreign countries to assist in mitigating the effects of 
the Human Immunodeficiency Virus and Acquired Immune Deficiency 
Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus 
                or Acquired Immune Deficiency Syndrome in the 
                communities; and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.
    Sec. 726. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to the Kane County, Illinois, Indian Creek Watershed Flood 
Prevention Project, from funds available for the Watershed and Flood 
Prevention Operations program, not to exceed $1,000,000 and Hickory 
Creek Special Drainage District, Bureau County, Illinois, not to exceed 
$50,000.
    Sec. 727. 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. 728. 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 22 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. 729. 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. 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. 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. 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.
    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 154,500 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 $1,012,000,000 (increased by $40,000,000).
    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 2005 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 a Conservation Security Program 
authorized by 16 U.S.C. 3838 et seq., in excess of $258,000,000 
(reduced by $13,000,000).
    Sec. 742. 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 $60,000,000 (reduced by $17,000,000).
    Sec. 743. 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 2503 of Public Law 107-
171 in excess of $83,500,000 (reduced by $10,000,000).
    Sec. 744. With the exception of funds provided in fiscal year 2005, 
none 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. 745. None of the funds appropriated or otherwise made 
available in this Act shall be expended to violate Public Law 105-264.
    Sec. 746. 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. 747. 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. 748. 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.
    Sec. 749. 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. 750. 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. 751. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 in fiscal year 2006 shall 
remain available until expended to cover obligations made in fiscal 
year 2006, and are not available for new obligations.
    Sec. 752. 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 and prior to implementation of 
interim final regulations regarding vendor cost containment in 
accordance with the provisions set forth in section 17(h)(11)(G) of the 
Child Nutrition Act of 1966, 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 or is in accordance 
with the provisions set forth in section 17(h)(11)(E) of the Child 
Nutrition Act of 1966.
    Sec. 753. There is hereby appropriated $1,000,000, to remain 
available until expended, for a grant to the Ohio Livestock Expo Center 
in Springfield, Ohio.
    Sec. 754. 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 an Agricultural Management 
Assistance Program as authorized by section 524 of the Federal Crop 
Insurance Act in excess of $6,000,000 (7 U.S.C. 1524).
    Sec. 755. 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. 756. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
Secretary of Agriculture may sell the US Water Conservation Laboratory, 
Phoenix, Arizona, and credit the net proceeds of such sale as 
offsetting collections to its Agricultural Research Service Buildings 
and Facilities account. Such funds shall be available until September 
30, 2007 to be used to replace these facilities and to improve other 
USDA-owned facilities.
    Sec. 757. 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. 758. None of the funds appropriated or otherwise made 
available by this Act shall be used for the implementation of Country 
of Origin Labeling for meat or meat products.
    Sec. 759. (a) Notwithstanding any other provision of law, and until 
the receipt of the decennial Census in the year 2010, the Secretary of 
Agriculture shall consider--
            (1) the City of Bridgeton, New Jersey, the City of Kinston, 
        North Carolina, and the City of Portsmouth, Ohio as rural areas 
        for the purposes of Rural Housing Service Community Facilities 
        Program loans and grants;
            (2) the Township of Bloomington, Illinois (including 
        individuals and entities with projects within the Township) 
        eligible for Rural Housing Service Community Facilities 
        Programs loans and grants; and
            (3) the City of Lone Grove, Oklahoma (including individuals 
        and entities with projects within the city) eligible for Rural 
        Housing Service Community Facilities Program loans and grants.
    Sec. 760. The Secretary of Agriculture shall use $10,000,000 of the 
funds of the Commodity Credit Corporation, to remain available until 
expended, to compensate commercial citrus and lime growers in the State 
of Florida for tree replacement and for lost production with respect to 
trees removed to control citrus canker, and with respect to certified 
citrus nursery stocks within the citrus canker quarantine areas, as 
determined by the Secretary. For a grower to receive assistance for a 
tree under this section, the tree must have been removed after 
September 30, 2001.
    Sec. 761. The counties of Burlington and Camden, New Jersey 
(including individuals and entities with projects within these 
counties) shall be eligible for loans and grants under the Rural 
Community Advancement Program for fiscal year 2006 to the same extent 
they were eligible for such assistance during the fiscal year 2005 
under section 106 of Chapter 1 of Division B of Public Law 108-324 (188 
Stat. 1236).
    Sec. 762. 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. 763. None of the funds provided by this Act shall be used to 
pay salaries and expenses and other costs associated with implementing 
or administering section 508(e)(3) of the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.) for the 2006 reinsurance year.
    Sec. 764. None of the funds appropriated or otherwise made 
available by this Act for the Food and Drug Administration may be used 
under section 801 of the Federal Food, Drug, and Cosmetic Act to 
prevent an individual not in the business of importing a prescription 
drug within the meaning of section 801(g) of such Act, wholesalers, or 
pharmacists from importing a prescription drug which complies with 
sections 501, 502, and 505.
    Sec. 765. Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency 
to produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
    Sec. 766. In addition to other amounts appropriated or otherwise 
made available by this Act, there is hereby appropriated to the 
Secretary of Agriculture $7,000,000, of which not to exceed 5 percent 
may be available for administrative expenses, to remain available until 
expended, to make specialty crop block grants under section 101 of the 
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7 
U.S.C. 1621 note).
    Sec. 767. It is the sense of Congress that the Secretary of 
Agriculture should use the transfer authority provided by section 442 
of the Plant Protection Act (7 U.S.C. 7772) to implement the strategic 
plan developed by the Animal and Plant Health Inspection Service for 
the eradication of Emerald Ash Borer in the States of Michigan, Ohio, 
and Indiana.
    Sec. 768. None of the funds made available in this Act may be 
used--
            (1) to grant a waiver of a financial conflict of interest 
        requirement pursuant to section 505(n)(4) of the Federal Food, 
        Drug, and Cosmetic Act for any voting member of an advisory 
        committee or panel of the Food and Drug Administration; or
            (2) to make a certification under section 208(b)(3) of 
        title 18, United States Code, for any such voting member.
    Sec. 769. 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. 770. None of the funds made available by this Act to the 
Secretary of Agriculture may be used, after December 31, 2005, to 
purchase chickens, including chicken products, under the Richard B. 
Russell National School Lunch Act or the Child Nutrition Act of 1966, 
unless the Secretary shall take into account whether such purchases are 
in compliance with standards relating to the wholesomeness of food for 
human consumption, pursuant to section 14(d) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1762a(d)).
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2006''.

            Passed the House of Representatives June 8, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 2744

_______________________________________________________________________

                                 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.