[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Enrolled Bill (ENR)]
H.R.2744
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,127,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
$10,539,000.
National Appeals Division
For necessary expenses of the National Appeals Division,
$14,524,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,298,000.
Homeland Security Staff
For necessary expenses of the Homeland Security Staff, $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, $110,072,000, to remain
available until expended, for the capital asset acquisition of shared
information technology systems, including services as authorized by 7
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
these funds shall be consistent with the Department of Agriculture
Service Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief Information
Officer: Provided further, That of the funds provided under this
section, the Secretary shall acquire one meter natural color digital
ortho-imagery of the entire state of Utah.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,874,000: Provided, That hereafter the Chief Financial
Officer shall actively market and expand cross-servicing activities of
the National Finance Center: Provided further, That no funds made
available by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Government Reform of the House of Representatives a report
on the Department's contracting out policies, including agency budgets
for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the Assistant
Secretary for Civil Rights, $821,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $20,109,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $676,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $187,734,000, to remain available until expended, as
follows: for payments to the General Services Administration and the
Department of Homeland Security for building security, $147,734,000,
and for buildings operations and maintenance, $40,000,000: Provided,
That amounts which are made available for space rental and related
costs for the Department of Agriculture in this Act may be transferred
between such appropriations to cover the costs of additional, new, or
replacement space 15 days after notice thereof is transmitted to the
Appropriations Committees of both Houses of Congress.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $12,000,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $23,103,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,821,000: 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,
$80,336,000, 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,
$39,351,000.
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, $75,931,000: Provided, That
none of the funds made available by this Act or any other Act may be
used by the Department of Agriculture to publish, disseminate, or
distribute, internally or externally, Agriculture Information Bulletin
Number 787: Provided further, That of the funds provided to the
Economic Research Service, the Secretary of Agriculture shall use
$350,000 to enter into an agreement for a comprehensive report on the
economic development and current status of the sheep industry in the
United States to be prepared by the National Academy of Sciences.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
$140,700,000, 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, $1,135,004,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That the foregoing limitations shall not apply to the
purchase of land at Florence, South Carolina: Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or
operating any research facility or research project of the Agricultural
Research Service, as authorized by law: Provided further, That the
Secretary, through the Agricultural Research Service, or successor, 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: Provided further, That
the Agricultural Research Service may convey all rights and title of
the United States, to a parcel of land comprising 19 acres, more or
less, located in Section 2, Township 18 North, Range 14 East in
Oktibbeha County, Mississippi, originally conveyed by the Board of
Trustees of the Institution of Higher Learning of the State of
Mississippi, and described in instruments recorded in Deed Book 306 at
pages 553-554, Deed Book 319 at page 219, and Deed Book 33 at page 115,
of the public land records of Oktibbeha County, Mississippi, including
facilities, and fixed equipment, to the Mississippi State University,
Starkville, Mississippi, in their ``as is'' condition, when vacated by
the Agricultural Research Service: Provided further, That 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, $131,195,000,
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,
$676,849,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $178,757,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $22,230,000; for
payments to the 1890 land-grant colleges, including Tuskegee University
and West Virginia State University (7 U.S.C. 3222), $37,591,000, 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)),
$128,223,000; for special grants for agricultural research on improved
pest control (7 U.S.C. 450i(c)), $14,798,000; for competitive research
grants (7 U.S.C. 450i(b)), $183,000,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,057,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$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), $1,039,000, 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)), $3,738,000,
to remain available until expended (7 U.S.C. 2209b); for a veterinary
medicine loan repayment program pursuant to section 1415A of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3101 et seq.), $500,000; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,478,000; 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),
$6,000,000; for noncompetitive grants for the purpose of carrying out
all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to
individual eligible institutions or consortia of eligible institutions
in Alaska and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $3,250,000; 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, $50,471,000,
of which $2,587,000 for the Research, Education, and Economics
Information System and $2,051,000 for the Electronic Grants Information
System, are to remain available until expended: Provided, That 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 further, 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, $455,955,000, 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,
$275,730,000; 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, $62,634,000; payments for the pest
management program under section 3(d) of the Act, $9,960,000; 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, $1,500,000; 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, $7,728,000; 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; for grants to youth organizations pursuant to
section 7630 of title 7, United States Code, $2,000,000; and for
necessary expenses of Extension Activities, $25,390,000.
Integrated Activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $55,792,000, as
follows: for competitive grants programs authorized under section 406
of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7626), $45,792,000, including $12,867,000 for the water
quality program, $14,847,000 for the food safety program, $4,167,000
for the regional pest management centers program, $4,464,000 for the
Food Quality Protection Act risk mitigation program for major food crop
systems, $1,389,000 for the crops affected by Food Quality Protection
Act implementation, $3,106,000 for the methyl bromide transition
program, and $1,874,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $1,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $744,000, to
remain available until September 30, 2007 for the critical issues
program, and $1,334,000 for the regional rural development centers
program; and $10,000,000 for the Food and Agriculture Defense
Initiative authorized under section 1484 of the National Agricultural
Research, Extension, and Teaching Act of 1977, to remain available
until September 30, 2007.
Outreach for Socially Disadvantaged Farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$6,000,000, 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, $815,461,000, of which
$4,140,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions; of which
$39,000,000 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, $75,376,000, 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, including not
less than $20,000,000 for replacement of a system to support commodity
purchases, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2)
transfers otherwise provided in this Act; and (3) not more than
$16,055,000 for formulation and administration of marketing agreements
and orders pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.
Payments to States and Possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$3,847,000, of which not less than $2,500,000 shall be used to make a
grant under this heading.
Grain Inspection, Packers and Stockyards Administration
Salaries and Expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, $38,443,000: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
Limitation on Inspection and Weighing Services Expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $602,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $837,756,000, of which no
less than $753,252,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full
time equivalent positions above the fiscal year 2002 level shall be
employed during fiscal year 2006 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That of the amount available under this heading,
notwithstanding section 704 of this Act $4,000,000, available until
September 30, 2007, shall be obligated to include the Humane Animal
Tracking System as part of the Field Automation and Information
Management System following notification to the Committees on
Appropriations, which shall include a detailed explanation of the
components of such system: Provided further, That of the total amount
made available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $635,000.
Farm Service Agency
Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$1,030,000,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to
and merged with this account: Provided further, That none of the funds
made available by this Act may be used to pay the salaries or expenses
of any officer or employee of the Department of Agriculture to close
any local or county office of the Farm Service Agency unless the
Secretary of Agriculture, not later than 30 days after the date on
which the Secretary proposed the closure, holds a public meeting about
the proposed closure in the county in which the local or county office
is located, and, after the public meeting but not later than 120 days
before the date on which the Secretary approves the closure, notifies
the Committee on Agriculture and the Committee on Appropriations of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry and the Committee on Appropriations of the Senate, and the
members of Congress from the State in which the local or county office
is located of the proposed closure.
State Mediation Grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,250,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $3,750,000, to remain available until
expended.
Dairy Indemnity Program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).
Agricultural Credit Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,608,000,000, of which $1,400,000,000 shall be for
guaranteed loans and $208,000,000 shall be for direct loans; operating
loans, $2,074,632,000, of which $1,150,000,000 shall be for
unsubsidized guaranteed loans, $274,632,000 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, $17,370,000, of which
$6,720,000 shall be for guaranteed loans, and $10,650,000 shall be for
direct loans; operating loans, $133,849,000, of which $34,845,000 shall
be for unsubsidized guaranteed loans, $34,329,000 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, $312,591,000, of which
$304,591,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That the Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $77,048,000: 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,
$839,519,000, to remain available until May 31, 2007, of which not less
than $10,650,000 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 $27,500,000 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), $6,083,000.
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, $75,000,000, 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 $30,000,000 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,
$31,561,000, 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), $51,300,000, 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,
$635,000.
Rural Community Advancement Program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $701,941,000, to remain available until expended, of which
$82,620,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $530,100,000 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 $89,221,000 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, $25,000,000 shall be for loans and grants to benefit Federally
Recognized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act, of
which $4,464,000 shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of the
Consolidated Farm and Rural Development Act, and of which $250,000
shall be available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order to
promote economic development: Provided further, That of the amount
appropriated for rural community programs, $6,350,000 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; $2,000,000
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; $25,000,000 shall be for water
and waste disposal systems for rural and native villages in Alaska
pursuant to section 306D of such Act, with up to 2 percent available to
administer the program and/or improve interagency coordination may be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'', of which $100,000 shall be
provided to develop a regional system for centralized billing,
operation, and management of rural water and sewer utilities through
regional cooperatives, of which 25 percent shall be provided for water
and sewer projects in regional hubs, and the State of Alaska shall
provide a 25 percent cost share, and grantees may use up to 5 percent
of grant funds, not to exceed $35,000 per community, for the completion
of comprehensive community safe water plans; not to exceed $18,250,000
shall be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $5,600,000
shall be for Rural Community Assistance Programs and not less than
$850,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities; and not to exceed $13,750,000 shall be for contracting
with qualified national organizations for a circuit rider program to
provide technical assistance for rural water systems: Provided further,
That of the total amount appropriated, not to exceed $21,367,000 shall
be available through June 30, 2006, for authorized empowerment zones
and enterprise communities and communities designated by the Secretary
of Agriculture as Rural Economic Area Partnership Zones; of which
$1,067,000 shall be for the rural community programs described in
section 381E(d)(1) of such Act, of which $12,000,000 shall be for the
rural utilities programs described in section 381E(d)(2) of such Act,
and of which $8,300,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such Act:
Provided further, That of the amount appropriated for rural community
programs, $18,000,000 shall be to provide grants for facilities in
rural communities with extreme unemployment and severe economic
depression (Public Law 106-387), with 5 percent for administration and
capacity building in the State rural development offices: Provided
further, That of the amount appropriated, $26,000,000 shall be
transferred to and merged with the ``Rural Utilities Service, High
Energy Cost Grants Account'' to provide grants authorized under section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high cost energy grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 901(19)) shall be transferred to and merged with the ``Rural
Utilities Service, High Energy Costs Grants Account''.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$164,625,000: Provided, That of the funds appropriated under this title
for salaries and expenses, $11,147,000, to remain available until
September 30, 2007, shall be used to complete the consolidation of
Rural Development activities in St. Louis, Missouri: Provided further,
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; $35,000,000 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, $10,238,000; repair,
rehabilitation, and new construction of 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: Provided further, That any funds under this paragraph initially
allocated by the Secretary for housing projects in the State of Alaska
that are not obligated by September 30, 2006, shall be carried over
until September 30, 2007, and made available for such housing projects
only in the State of Alaska.
For additional costs to conduct a demonstration program for the
preservation and revitalization of the section 515 multi-family rental
housing properties, $9,000,000: Provided, That funding made available
under this heading shall be used to restructure existing section 515
loans, as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing for
low-income residents including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or reamortizing loan
debt; and other financial assistance including advances and incentives
required by the Secretary.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $454,809,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'', of which not less than $1,000,000
shall be made available for the Secretary to contract with third
parties to acquire the necessary automation and technical services
needed to restructure section 515 mortgages.
Rental Assistance Program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$653,102,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, up
to $8,000,000 shall be available for debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the Act,
and not to exceed $50,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other than
purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements entered into
or renewed during the current fiscal year shall be funded for a four-
year period: Provided further, That any unexpended balances remaining
at the end of such four-year agreements may be transferred and used for
the purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and rental
assistance activities authorized under title V of the Act: Provided
further, That rental assistance that is recovered from projects that
are subject to prepayment shall be deobligated and reallocated for
vouchers and debt forgiveness or payments consistent with the
requirements of this Act for purposes authorized under section 542 and
section 502(c)(5)(D) of the Housing Act of 1949, as amended.
Rural Housing Voucher Program
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, (without regard to section 542(b)),
$16,000,000, to remain available until expended: Provided, That such
vouchers shall be available to any low-income household (including
those not receiving rental assistance) residing in a property financed
with a section 515 loan which has been prepaid after September 30,
2005: Provided further, That the amount of the voucher shall be the
difference between comparable market rent for the section 515 unit and
the tenant paid rent for such unit: Provided further, That funds made
available for such vouchers, shall be subject to the availability of
annual appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable for section 8
housing vouchers administered by the Secretary of the Department of
Housing and Urban Development (including the ability to pay
administrative costs related to delivery of the voucher funds).
Mutual and Self-Help Housing Grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 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,
$43,976,000, to remain available until expended: Provided, That
$2,976,000 shall be made available for loans to private non-profit
organizations, or such non-profit organizations' affiliate loan funds
and State and local housing finance agencies, to carry out a housing
demonstration program to provide revolving loans for the preservation
of low-income multi-family housing projects: Provided further, That
loans under such demonstration program shall have an interest rate of
not more than 1 percent direct loan to the recipient: Provided further,
That the Secretary may defer the interest and principal payment to the
Rural Housing Service for up to 3 years and the term of such loans
shall not exceed 30 years: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2006, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
Farm Labor Program Account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $31,168,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Business--Cooperative Service
Rural Development Loan Fund Program Account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,212,000.
For the cost of direct loans, $14,718,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2006, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2006, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That of
such amount made available, the Secretary may provide up to $1,500,000
for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount appropriated, $887,000
shall be available through June 30, 2006, for the cost of direct loans
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,793,000 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, as authorized by section 313 of the Rural Electrification Act
of 1936, $170,000,000 shall not be obligated and $170,000,000 are
rescinded.
Rural Cooperative Development Grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $29,488,000, of which $500,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,488,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
minority producers and whose governing board and/or membership is
comprised of at least 75 percent minority; and of which $20,500,000, to
remain available until expended, shall be for value-added agricultural
product market development grants, as authorized by section 6401 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
Rural Empowerment Zones and Enterprise Communities Grants
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $11,200,000, to remain
available until expended, for designated rural empowerment zones and
rural enterprise communities, as authorized by the Taxpayer Relief Act
of 1997 and the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277): Provided, That of the
funds appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax Relief
Act (Public Law 106-554).
Renewable Energy Program
For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized by section
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106), $23,000,000 for direct and guaranteed renewable energy loans and
grants: Provided, That the cost of direct loans and loan guarantees,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
Rural Electrification and Telecommunications Loans Program Account
(including transfer of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $100,000,000; municipal rate rural
electric loans, $100,000,000; loans made pursuant to section 306 of
that Act, rural electric, $2,700,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant to
section 313A, $1,500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$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, $38,784,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Rural Telephone Bank Program Account
(including transfer and rescission 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, $25,000,000; and for the principal amount of
broadband telecommunication loans, $500,000,000.
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., $30,375,000, to remain available until expended, of
which $375,000 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: Provided further, That $5,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and
are qualified for Community Service Grants by the Corporation for
Public Broadcasting under section 396(k) of the Communications Act of
1934, including associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $10,750,000, to remain available until September 30, 2007:
Provided, That the interest rate for such loans shall be the cost of
borrowing to the Department of the Treasury for obligations of
comparable maturity: Provided further, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $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;
$12,660,829,000, to remain available through September 30, 2007, of
which $7,473,208,000 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, of which such sums as are necessary to
restore the contingency reserve to $125,000,000 shall be placed in
reserve, to remain available until expended, to be allocated as the
Secretary deems necessary, notwithstanding section 17(i) of such Act,
to support participation should cost or participation exceed budget
estimates: Provided, That of the total amount available, the Secretary
shall obligate not less than $15,000,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in
2006; including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section
17(h)(10)(B)(ii): Provided further, That funds made available for the
purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are
available to meet caseload requirements without the use of the
contingency reserve funds: Provided further, That none of the funds
made available under this heading shall be used for studies and
evaluations: Provided further, That none of the funds in this Act shall
be available to pay administrative expenses of WIC clinics except those
that have an announced policy of prohibiting smoking within the space
used to carry out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act.
Food Stamp Program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $40,711,395,000, of which $3,000,000,000 to remain
available through September 30, 2007, shall be placed in reserve for
use only in such amounts and at such times as may become necessary to
carry out program operations: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That of the funds made available under this heading
and not already appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b)), not less than $3,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison
ranchers: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided further, That
notwithstanding section 5(d) of the Food Stamp Act of 1977, any
additional payment received under chapter 5 of title 37, United States
Code, by a member of the United States Armed Forces deployed to a
designated combat zone shall be excluded from household income for the
duration of the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it was not
received immediately prior to serving in the combat zone.
Commodity Assistance Program
For necessary expenses to carry out disaster assistance and the
commodity supplemental food program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
(in a form determined by the Secretary of Agriculture) for the nuclear
affected islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188); and the
Farmers' Market Nutrition Program, as authorized by section 17(m) of
the Child Nutrition Act of 1966, $179,366,000, 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 Seniors Farmers' Market Nutrition Program, as
authorized by section 4402 of Public Law 107-171, such funds shall
remain available through September 30, 2007: Provided further, That of
the funds made available under section 27(a) of the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000
for costs associated with the distribution of commodities.
Nutrition Programs Administration
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $140,761,000.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
Salaries and Expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $147,901,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
Public Law 480 Title I Direct Credit and Food for Progress Program
Account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985,
including the cost of modifying credit arrangements under said Acts,
$65,040,000, to remain available until expended: Provided, That the
Secretary of Agriculture may implement a commodity monetization program
under existing provisions of the Food for Progress Act of 1985 to
provide no less than $5,000,000 in local-currency funding support for
rural electrification development overseas.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $3,385,000, of which $168,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $3,217,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
Public Law 480 Title I Ocean Freight Differential Grants
(including transfer of funds)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $11,940,000, to remain available until expended: Provided,
That funds made available for the cost of agreements under title I of
the Agricultural Trade Development and Assistance Act of 1954 and for
title I ocean freight differential may be used interchangeably between
the two accounts with prior notice to the Committees on Appropriations
of both Houses of Congress.
Public Law 480 Title II Grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,150,000,000, to remain available until
expended.
Commodity Credit Corporation Export Loans Program Account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$5,279,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $3,440,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $1,839,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
McGovern-Dole International Food for Education and Child Nutrition
Program Grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Salaries and Expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $1,838,567,000: 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)
$443,153,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $520,564,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $178,714,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $99,787,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $245,770,000 shall be for the Center for
Devices and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $41,152,000 shall be for the National
Center for Toxicological Research; (7) $58,515,000 shall be for Rent
and Related activities, 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) $116,059,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Management; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
Buildings and Facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$8,000,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $98,386,000,
including not to exceed $3,000 for official reception and
representation expenses.
Farm Credit Administration
Limitation on Administrative Expenses
Not to exceed $44,250,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers 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. Hereafter, funds appropriated by this or any other
Appropriations Act to the Department of Agriculture (excluding the
Forest Service) shall be available for uniforms or allowances as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Hereafter, funds appropriated by this or any other
Appropriations Act to the Department of Agriculture (excluding the
Forest Service) shall be available for employment pursuant to the
second sentence of section 706(a) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, information technology infrastructure, fruit
fly program, emerging plant pests, boll weevil program, low pathogen
avian influenza program, up to $33,340,000 in animal health monitoring
and surveillance for the animal identification system, up to $1,500,000
in the scrapie program for indemnities, up to $3,000,000 in the
emergency management systems program for the vaccine bank, up to
$1,000,000 for wildlife services methods development, up to $1,000,000
of the wildlife services operations program for aviation safety, and up
to 25 percent of the screwworm program; Food Safety and Inspection
Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
Education, and Economics Information System, and funds for the Native
American Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 705. 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. Hereafter, not to exceed $50,000 in each fiscal year of
the funds appropriated by this or any other Appropriations Act to the
Department of Agriculture (excluding the Forest Service) shall be
available to provide appropriate orientation and language training
pursuant to section 606C of the Act of August 28, 1954 (7 U.S.C.
1766b).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 710. Hereafter, loan levels provided in this or any other
Appropriations Act to the Department of Agriculture shall be considered
estimates, not limitations.
Sec. 711. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to cover obligations
made in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing
Insurance Fund program account.
Sec. 712. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 714. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 715. None of the funds appropriated or otherwise made
available to the Department of Agriculture 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. 716. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects over $25,000
prior to receipt of written approval by the Chief Information Officer.
Sec. 717. (a) 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. 718. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred in prior
fiscal years, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
Sec. 719. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2007 appropriations Act.
Sec. 720. None of the funds made available by this or any other Act
may be used to close or relocate a State Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.
Sec. 721. In addition to amounts otherwise appropriated or made
available by this Act, $2,500,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through
the Congressional Hunger Center.
Sec. 722. Hereafter, notwithstanding section 412 of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of such
Act, may be used to carry out title II of such Act.
Sec. 723. There is hereby appropriated $1,250,000 for a grant to
the National Sheep Industry Improvement Center, to remain available
until expended.
Sec. 724. The Secretary of Agriculture shall--
(1) as soon as practicable after the date of enactment of this
Act, conduct an evaluation of any impacts of the court decision in
Harvey v. Veneman, 396 F.3d 28 (1st Cir. Me. 2005); and
(2) not later than 90 days after the date of enactment of this
Act, submit to Congress a report that--
(A) describes the results of the evaluation conducted under
paragraph (1);
(B) includes a determination by the Secretary on whether
restoring the National Organic Program, as in effect on the day
before the date of the court decision described in paragraph
(1), would adversely affect organic farmers, organic food
processors, and consumers;
(C) analyzes issues regarding the use of synthetic
ingredients in processing and handling;
(D) analyzes the utility of expedited petitions for
commercially unavailable agricultural commodities and products;
and
(E) considers the use of crops and forage from land
included in the organic system plan of dairy farms that are in
the third year of organic management.
Sec. 725. Hereafter, 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--
(1) from funds available for the Watershed and Flood Prevention
Operations program--
(A) to the Kane County, Illinois, Indian Creek Watershed
Flood Prevention Project, in an amount not to exceed
$1,000,000;
(B) for the Muskingam River Watershed, Mohican River,
Jerome and Muddy Fork, Ohio, obstruction removal projects, in
an amount not to exceed $1,800,000;
(C) to the Hickory Creek Special Drainage District, Bureau
County, Illinois, in an amount not to exceed $50,000; and
(D) to the Little Red River Irrigation project, Arkansas,
in an amount not to exceed $210,000;
(2) through the Watershed and Flood Prevention Operations
program for--
(A) the Matanuska River erosion control project in Alaska;
(B) the Little Otter Creek project in Missouri;
(C) the Manoa Watershed project in Hawaii;
(D) the West Tarkio project in Iowa;
(E) the Steeple Run and West Branch DuPage River Watershed
projects in DuPage County, Illinois; and
(F) the Coal Creek project in Utah;
(3) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan Revision
in Missouri, including up to 100 percent of the engineering
assistance and 75 percent cost share for construction cost of site
RW1; and
(4) through funds of the Conservation Operations program
provided for the Utah Conservation Initiative for completion of the
American Fork water quality and habitat restoration project in
Utah.
Sec. 727. Hereafter, none of the funds made available in this Act
may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this or any other appropriation Act.
Sec. 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 made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 731. 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. 732. Hereafter, agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and expenses
of personnel, and for other related expenses, incurred in representing
such agencies and offices in the resolution of complaints by employees
or applicants for employment, and in cases and other matters pending
before the Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
Sec. 733. 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. 734. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to enroll in excess of 150,000 acres in the
calendar year 2006 wetlands reserve program as authorized by 16 U.S.C.
3837.
Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
of $1,017,000,000.
Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $23,000,000 made available by
section 9006(f) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106(f)).
Sec. 737. None of the funds appropriated or otherwise made
available under this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $80,000,000 made available by
section 601(j)(1) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)).
Sec. 738. None of the funds made available in fiscal year 2006 or
preceding fiscal years for programs authorized under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
excess of $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1): Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 739. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $120,000,000 made available by
section 6401(a) of Public Law 107-171.
Sec. 740. Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Conservation Security Program
authorized by 16 U.S.C. 3838 et seq., in excess of $259,000,000.
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 $43,000,000.
Sec. 743. 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. 744. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2503 of Public Law 107-
171 in excess of $73,500,000.
Sec. 745. 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. 746. Hereafter, none of the funds appropriated or otherwise
made available in this Act shall be expended to violate Public Law 105-
264.
Sec. 747. 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. 748. 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. 749. Hereafter, notwithstanding any other provision of law,
the Secretary of Agriculture may use appropriations available to the
Secretary for activities authorized under sections 426-426c of title 7,
United States Code, under this or any other Act, to enter into
cooperative agreements, with a State, political subdivision, or agency
thereof, a public or private agency, organization, or any other person,
to lease aircraft if the Secretary determines that the objectives of
the agreement will: (1) serve a mutual interest of the parties to the
agreement in carrying out the programs administered by the Animal and
Plant Health Inspection Service, Wildlife Services; and (2) all parties
will contribute resources to the accomplishment of these objectives;
award of a cooperative agreement authorized by the Secretary may be
made for an initial term not to exceed 5 years.
Sec. 750. 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. 751. Hereafter, agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to cover the
costs of preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment or
program activities arising within such agencies and offices.
Sec. 752. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in the current fiscal year
shall remain available until expended to cover obligations made in the
current fiscal year, and are not available for new obligations.
Sec. 753. There is hereby appropriated $750,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to
contaminate rural drinking water supplies.
Sec. 754. Notwithstanding any other provision of law--
(1) the City of Palmer, Alaska shall be eligible to receive a
water and waste disposal grant under section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) in
an amount that is equal to not more than 75 percent of the total
cost of providing water and sewer service to the proposed hospital
in the Matanuska-Susitna Borough, Alaska;
(2) or any percentage of cost limitation in current law or
regulations, the construction projects known as the Tri-Valley
Community Center addition in Healy, Alaska; the Cold Climate
Housing Research Center in Fairbanks, Alaska; and the University of
Alaska-Fairbanks Allied Health Learning Center skill labs/
classrooms shall be eligible to receive Community Facilities grants
in amounts that are equal to not more than 75 percent of the total
facility costs: Provided, That for the purposes of this paragraph,
the Cold Climate Housing Research Center is designated an
``essential community facility'' for rural Alaska;
(3) for any fiscal year and hereafter, in the case of a high
cost isolated rural area in Alaska that is not connected to a road
system, the maximum level for the single family housing assistance
shall be 150 percent of the median household income level in the
nonmetropolitan areas of the State and 115 percent of all other
eligible areas of the State; and
(4) any former RUS borrower that has repaid or prepaid an
insured, direct or guaranteed loan under the Rural Electrification
Act, or any not-for-profit utility that is eligible to receive an
insured or direct loan under such Act, shall be eligible for
assistance under Section 313(b)(2)(B) of such Act in the same
manner as a borrower under such Act.
Sec. 755. 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. 756. Hereafter, notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the associated
regulations) governing the Community Facilities Program, the Secretary
may allow all Community Facility Program facility borrowers and
grantees to enter into contracts with not-for-profit third parties for
services consistent with the requirements of the Program, grant, and/or
loan: Provided, That the contracts protect the interests of the
Government regarding cost, liability, maintenance, and administrative
fees.
Sec. 757. 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. 758. Notwithstanding any other provision of law, the Secretary
of Agriculture is authorized to make funding and other assistance
available through the emergency watershed protection program under
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
repair and prevent damage to non-Federal land in watersheds that have
been impaired by fires initiated by the Federal Government and shall
waive cost sharing requirements for the funding and assistance.
Sec. 759. 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. 760. None of the funds provided in this Act may be used for
salaries and expenses to carry out any regulation or rule insofar as it
would make ineligible for enrollment in the conservation reserve
program established under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
land that is planted to hardwood trees as of the date of enactment of
this Act and was enrolled in the conservation reserve program under a
contract that expired prior to calendar year 2002.
Sec. 761. 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. 762. 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. 763. The Secretary of Agriculture may use any unobligated
carryover funds made available for any program administered by the
Rural Utilities Service (not including funds made available under the
heading ``Rural Community Advancement Program'' in any Act of
appropriation) to carry out section 315 of the Rural Electrification
Act of 1936 (7 U.S.C. 940e).
Sec. 764. There is hereby appropriated $650,000, to remain
available until expended, to carry out provisions of section 751 of
division A of Public Law 108-7.
Sec. 765. (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 Township) shall be
eligible for Rural Housing Service Community Facilities Programs
loans and grants;
(3) the City of Lone Grove, Oklahoma (including individuals and
entities with projects within the city) shall be eligible for Rural
Housing Service Community Facilities Program loans and grants;
(4) the City of Butte/Silverbow, Montana, rural areas for
purposes of eligibility for Rural Utilities Service water and waste
water loans and grants and Rural Housing Service Community
Facilities Program loans and grants;
(5) Cleburne County, Arkansas, rural areas for purposes of
eligibility of Rural Utilities Service water and waste water loans
and grants;
(6) the designated Census track areas for the Upper Kanawha
Valley Enterprise Community, West Virginia, rural areas for
purposes of eligibility for rural empowerment zones and enterprise
community programs in the rural development mission area;
(7) the Municipality of Carolina, Puerto Rico, as meeting the
eligibility requirements for Rural Utilities Service water and
waste water loans and grants;
(8) the Municipalities of Vega Baja, Manati, Guayama, Fajardo,
Humacao, and Naguabo, Puerto Rico, (including individuals and
entities with projects within the Municipalities) shall be eligible
for Rural Community Advancement Program loans and grants and
intermediate relending programs;
(9) the City of Hidalgo, Texas as a rural area for the purpose
of the Rural Business-Cooperative Service Rural Business Enterprise
Grant Program;
(10) the City of Elgin, Oklahoma (including individuals and
entities with projects within the city) shall be eligible for Rural
Utilities Service water and waste water loans and grants; and
(11) the City of Lodi, California, the City of Atchison,
Kansas, and the City of Belle Glade, Florida as rural areas for the
purposes of the Rural Utilities Service water and waste water loans
and grants.
Sec. 766. There is hereby appropriated $200,000 for a grant to
Alaska Village Initiatives for the purpose of administering a private
lands wildlife management program in Alaska.
Sec. 767. There is hereby appropriated $2,250,000, to remain
available until expended, for a grant to the Wisconsin Federation of
Cooperatives for pilot Wisconsin-Minnesota health care cooperative
purchasing alliances.
Sec. 768. 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. 769. Hereafter, notwithstanding any other provision of law,
funds made available to States administering the Child and Adult Care
Food Program, for the purpose of conducting audits of participating
institutions, funds identified by the Secretary as having been unused
during the initial fiscal year of availability may be recovered and
reallocated by the Secretary: Provided, That States may use the
reallocated funds until expended for the purpose of conducting audits
of participating institutions.
Sec. 770. The Secretary of Agriculture is authorized and directed
to quitclaim to the City of Elkhart, Kansas, all rights, title and
interests of the United States in that tract of land comprising 151.7
acres, more or less, located in Morton County, Kansas, and more
specifically described in a deed dated March 11, 1958, from the United
States of America to the City of Elkhart, State of Kansas, and filed of
record April 4, 1958 at Book 34 at Page 520 in the office of the
Register of Deeds of Morton County, Kansas.
Sec. 771. There is hereby appropriated $2,500,000 to carry out the
Healthy Forests Reserve Program authorized under Title V of Public Law
108-148 (16 U.S.C. 6571-6578).
Sec. 772. 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. 773. 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. 774. The Rural Electrification Act of 1936 is amended by
inserting after section 315 (7 U.S.C. 940e) the following:
``Sec. 316. Extension of Period of Existing Guarantee. (a) In
General.--Subject to the limitations in this section and the provisions
of the Federal Credit Reform Act of 1990, as amended, a borrower of a
loan made by the Federal Financing Bank and guaranteed under this Act
may request an extension of the final maturity of the outstanding
principal balance of such loan or any loan advance thereunder. If the
Secretary and the Federal Financing Bank approve such an extension,
then the period of the existing guarantee shall also be considered
extended.
``(b) Limitations.--
``(1) Feasibility and security.--Extensions under this section
shall not be made unless the Secretary first finds and certifies
that, after giving effect to the extension, in his judgment the
security for all loans to the borrower made or guaranteed under
this Act is reasonably adequate and that all such loans will be
repaid within the time agreed.
``(2) Extension of useful life or collateral.--Extensions under
this section shall not be granted unless the borrower first submits
with its request either--
``(A) evidence satisfactory to the Secretary that a Federal
or State agency with jurisdiction and expertise has made an
official determination, such as through a licensing proceeding,
extending the useful life of a generating plant or transmission
line pledged as collateral to or beyond the new final maturity
date being requested by the borrower, or
``(B) a certificate from an independent licensed engineer
concluding, on the basis of a thorough engineering analysis
satisfactory to the Secretary, that the useful life of the
generating plant or transmission line pledged as collateral
extends to or beyond the new final maturity date being
requested by the borrower.
``(3) Amount eligible for extension.--Extensions under this
section shall not be granted if the principal balance extended
exceeds the appraised value of the generating plant or transmission
line referred to in subsection paragraph (2).
``(4) Period of extension.--Extensions under this section shall
in no case result in a final maturity greater than 55 years from
the time of original disbursement and shall in no case result in a
final maturity greater than the useful life of the plant.
``(5) Number of extensions.--Extensions under this section
shall not be granted more than once per loan advance.
``(c) Fees.--
``(1) In general.--A borrower that receives an extension under
this section shall pay a fee to the Secretary which shall be
credited to the Rural Electrification and Telecommunications Loans
Program account. Such fees shall remain available without fiscal
year limitation to pay the modification costs for extensions.
``(2) Amount.--The amount of the fee paid shall be equal to the
modification cost, calculated in accordance with section 502 of the
Federal Credit Reform Act of 1990, as amended, of such extension.
``(3) Payment.--The borrower shall pay the fee required under
this section at the time the existing guarantee is extended by
making a payment in the amount of the required fee.''.
Sec. 775. (a) In General.--The Secretary of Health and Human
Services, on behalf of the United States may, whenever the Secretary
deems desirable, relinquish to the State of Arkansas all or part of the
jurisdiction of the United States over the lands and properties
encompassing the Jefferson Labs campus in the State of Arkansas that
are under the supervision or control of the Secretary.
(b) Terms.--Relinquishment of jurisdiction under this section may
be accomplished, under terms and conditions that the Secretary deems
advisable,
(1) by filing with the Governor of the State of Arkansas a
notice of relinquishment to take effect upon acceptance thereof; or
(2) as the laws of such State may otherwise provide.
(c) Definition.--In this section, the term ``Jefferson Labs
campus'' means the lands and properties of the National Center for
Toxicological Research and the Arkansas Regional Laboratory.
Sec. 776. Section 204(b)(3)(A) of the Child Nutrition and WIC
Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note) is
amended by striking ``July 1, 2006'' and inserting ``October 1, 2005''.
Sec. 777. (a) Section 18(f)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended--
(1) by striking ``April 2004'' and inserting ``June 2005''; and
(2) in clause (ii), by striking ``66.67'' and inserting ``75''.
(b) The amendments made by subsection (a) take effect on January 1,
2006.
Sec. 778. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank, except
in the event of liquidation or dissolution of the telephone bank during
fiscal year 2006, pursuant to section 411 of the Rural Electrification
Act of 1936, as amended, or to maintain any account or subaccount
within the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute: Provided,
That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available in this Act may be used to
transfer to the Treasury or to the Federal Financing Bank any
unobligated balance of the Rural Telephone Bank telephone liquidating
account which is in excess of current requirements and such balance
shall receive interest as set forth for financial accounts in section
505(c) of the Federal Credit Reform Act of 1990.
Sec. 779. There is hereby appropriated $6,000,000 to carry out
Section 120 of Public Law 108-265 in Utah, Wisconsin, New Mexico,
Texas, Connecticut, and Idaho.
Sec. 780. Section 508(a)(4)(B) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(4)(B)) is amended by inserting ``or similar
commodities'' after ``the commodity''.
Sec. 781. (a) Notwithstanding subtitles B and C of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.), during
fiscal year 2006, the National Dairy Promotion and Research Board may
obligate and expend funds for any activity to improve the environment
and public health.
(b) The Secretary of Agriculture shall review the impact of any
expenditures under subsection (a) and include the review in the 2007
report of the Secretary to Congress on the dairy promotion program
established under subtitle B of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4501 et seq.).
Sec. 782. The Federal facility located at the South Mississippi
Branch Experiment Station in Poplarville, Mississippi, and known as the
``Southern Horticultural Laboratory'', shall be known and designated as
the ``Thad Cochran Southern Horticultural Laboratory'': Provided, That
any reference in law, map, regulation, document, paper, or other record
of the United States to such Federal facility shall be deemed to be a
reference to the ``Thad Cochran Southern Horticultural Laboratory''.
Sec. 783. As soon as practicable after the Agricultural Research
Service operations at the Western Cotton Research Laboratory located at
4135 East Broadway Road in Phoenix, Arizona, have ceased, the Secretary
of Agriculture shall convey, without consideration, to the Arizona
Cotton Growers Association and Supima all right, title, and interest of
the United States in and to the real property at that location,
including improvements.
Sec. 784. (a) In General.--In carrying out a livestock assistance,
compensation, or feed program, the Secretary of Agriculture shall
include horses and deer within the definition of ``livestock'' covered
by the program.
(b) Conforming Amendments.--
(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.
1471(2)) is amended--
(A) by inserting ``horses, deer,'' after ``bison,''; and
(B) by striking ``equine animals used for food or in the
production of food,''.
(2) Section 806 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-51) is amended by inserting
``(including losses to elk, reindeer, bison, horses, and deer)''
after ``livestock losses''.
(3) Section 10104(a) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 1472(a)) is amended by striking ``and bison''
and inserting ``bison, horses, and deer''.
(4) Section 203(d)(2) of the Agricultural Assistance Act of
2003 (Public Law 108-7; 117 Stat. 541) is amended by striking ``and
bison'' and inserting ``bison, horses, and deer''.
(c) Applicability.--
(1) In general.--This section and the amendments made by this
section apply to losses resulting from a disaster that occurs on or
after July 28, 2005.
(2) Prior losses.--This section and the amendments made by this
section do not apply to losses resulting from a disaster that
occurred before July 28, 2005.
Sec. 785. Amounts made available for the Plant Materials Center in
Fallon, Nevada, under the heading ``Conservation Operations'' under the
heading ``Natural Resources Conservation Service'' of title II of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2823) shall remain available until expended.
Sec. 786. 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. 787. 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 receiving
certification in accordance with the provisions set forth in section
17(h)(11)(E) 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 (WIC)
if it is expected that more than 50 percent of the annual revenue of
the vendor from the sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments, except
that the Secretary may approve the authorization of such a vendor if
the approval is necessary to assure participant access to program
benefits.
Sec. 788. Of the unobligated balances under section 32 of the Act
of August 24, 1935, $37,601,000 are hereby rescinded.
Sec. 789. None of the funds provided in this Act may be obligated
or expended for any activity the purpose of which is to require a
recipient of any grant that was funded in Public Law 102-368 and Public
Law 103-50 for ``Rural Housing for Domestic Farm Labor'' in response to
Hurricane Andrew to pay the United States any portion of any interest
earned with respect to such grants: Provided, That such funds are
expended by the grantee within 18 months of the date of enactment of
this section for the purposes of providing farm labor housing
consistent with the purpose authorized in title V of the Housing Act of
1949, as determined by the Secretary.
Sec. 790. There is hereby appropriated $140,000 to remain available
until expended, for a grant to the University of Nevada at Reno;
$400,000 to remain available until expended for a grant to the Ohio
Center for Farmland Policy Innovation at Ohio State University,
Columbus, Ohio; $200,000 to remain available until expended, for a
grant to Utah State University for a farming and dairy training
initiative; $500,000, to remain available until expended, for a grant
to the Nueces County, Texas Regional Fairground; and $350,000 to
provide administrative support for a world hunger organization:
Provided, That none of the funds may be used for a monetary award to an
individual.
Sec. 791. There is hereby appropriated $1,000,000 to establish a
demonstration intermediate relending program for the construction and
rehabilitation of housing for the Mississippi Band of Choctaw Indians:
Provided, That the interest rate for direct loans shall be 1 percent:
Provided further, That no later than 1 year after the establishment of
this program the Secretary shall provide the Committees on
Appropriations with a report providing information on the program
structure, management, and general demographic information on the loan
recipients.
Sec. 792. Section 285 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638d) is amended by striking ``2006'' and inserting ``2008''.
Sec. 793. None of the funds appropriated or otherwise made
available by this Act shall be used to pay salaries and expenses of
personnel who implement or administer section 508(e)(3) of the Federal
Crop Insurance Act (7 U.S.C. 1508(e)(3)) or any regulation, bulletin,
policy or agency guidance issued pursuant to section 508(e)(3) of such
Act for the 2007 reinsurance year.
Sec. 794. Effective 120 days after the date of enactment of this
Act, 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. 795. (a) Subject to subsection (b), none of the funds made
available in this Act may be used to--
(1) grant a waiver of a financial conflict of interest
requirement pursuant to section 505(n)(4) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(n)(4)) for any voting member
of an advisory committee or panel of the Food and Drug
Administration; or
(2) make a certification under section 208(b)(3) of title 18,
United States Code, for any such voting member.
(b) Subsection (a) shall not apply to a waiver or certification
if--
(1) not later than 15 days prior to a meeting of an advisory
committee or panel to which such waiver or certification applies,
the Secretary of Health and Human Services discloses on the
Internet website of the Food and Drug Administration--
(A) the nature of the conflict of interest at issue; and
(B) the nature and basis of such waiver or certification
(other than information exempted from disclosure under section
552 of title 5, United States Code (popularly known as the
Freedom of Information Act)); or
(2) in the case of a conflict of interest that becomes known to
the Secretary less than 15 days prior to a meeting to which such
waiver or certification applies, the Secretary shall make such
public disclosure as soon as possible thereafter, but in no event
later than the date of such meeting.
(c) None of the funds made available in this Act may be used to
make a new appointment to an advisory committee or panel of the Food
and Drug Administration unless the Commissioner of Food and Drugs
submits a quarterly report to the Inspector General of the Department
of Health and Human Services and the Committees on Appropriations of
the House and Senate on the efforts made to identify qualified persons
for such appointment with minimal or no potential conflicts of
interest.
Sec. 796. Section 274(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1324(a)(1)) is amended by adding at the end the following:
``(C) It is not a violation of clauses (ii) or (iii) of
subparagraph (A), or of clause (iv) of subparagraph (A) except
where a person encourages or induces an alien to come to or
enter the United States, for a religious denomination having a
bona fide nonprofit, religious organization in the United
States, or the agents or officers of such denomination or
organization, to encourage, invite, call, allow, or enable an
alien who is present in the United States to perform the
vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not
compensated as an employee, notwithstanding the provision of
room, board, travel, medical assistance, and other basic living
expenses, provided the minister or missionary has been a member
of the denomination for at least one year.''.
Sec. 797. (a) Section 2111(a)(1) of the Organic Foods Production
Act of 1990 (7 U.S.C. 6510(a)(1)) is amended by inserting ``not
appearing on the National List'' after ``ingredient''.
(b) Section 2118 of the Organic Foods Production Act of 1990 (7
U.S.C. 6517) is amended--
(1) in subsection (c)(1)--
(A) in the paragraph heading, by inserting ``in organic
production and handling operations'' after ``substances'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``or'' at the end; and
(ii) in clause (ii), by striking ``or'' at the end and
inserting ``and''; and
(C) by striking clause (iii); and
(2) in subsection (d), by adding at the end the following:
``(6) Expedited petitions for commercially unavailable organic
agricultural products constituting less than 5 percent of an
organic processed product.--The Secretary may develop emergency
procedures for designating agricultural products that are
commercially unavailable in organic form for placement on the
National List for a period of time not to exceed 12 months.''.
(c) Section 2110(e)(2) of the Organic Foods Production Act of 1990
(7 U.S.C. 6509(e)(2)) is amended--
(1) by striking ``A dairy'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
a dairy''; and
(2) by adding at the end the following:
``(B) Transition guideline.--Crops and forage from land
included in the organic system plan of a dairy farm that is in
the third year of organic management may be consumed by the
dairy animals of the farm during the 12-month period
immediately prior to the sale of organic milk and milk
products.''.
Sec. 798. Amenable Species.--The Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended--
(1) by striking ``cattle, sheep, swine, goats, horses, mules,
and other equines'' each place it appears and inserting ``amenable
species'';
(2) in section 1, by adding at the end the following new
subsection:
``(w) The term `amenable species' means--
``(1) those species subject to the provisions of this Act on
the day before the date of the enactment of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2006; and
``(2) any additional species of livestock that the Secretary
considers appropriate.''; and
(3) in section 19--
(A) by striking ``horses, mules, or other equines'' and
inserting ``species designated by regulations in effect on the
day before the date of the enactment of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2006''; and
(B) by striking ``cattle, sheep, swine, or goats'' and
inserting ``other amenable species''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day after the effective date of section 794 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2006.
Sec. 799. Public Law 109-54, the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006, is amended
as follows:
(1) Under the heading ``National Park Service, Construction''--
(A) by striking ``of which'' after ``$301,291,000, to
remain available until expended,'' and inserting ``and'';
(B) in the sixth proviso, by striking ``hereinafter'' and
inserting ``hereafter'' and, after ``Annex'', inserting the
following: ``and the Blue Ridge Parkway Regional Destination
Visitor Center''; and
(C) in the seventh proviso, by striking ``solicitation and
contract'' and inserting ``solicitations and contracts''.
(2) Under the heading ``National Park Service, Land Acquisition
and State Assistance'' by striking ``$74,824,000'' and inserting
``$64,909,000''.
(3) Under the heading ``Departmental Management, Salaries and
Expenses'' by striking ``$127,183,000'' and inserting
``$117,183,000''.
(4) In title II, under the heading ``Environmental Protection
Agency, State and Tribal Assistance Grants''--
(A) before the period at the end of the first paragraph,
insert ``: Provided further, That of the funds made available
under this heading in division I of Public Law 108-447,
$300,000 is for the Haleyville, Alabama, North Industrial Area
Water Storage Tank project: Provided further, That the
referenced statement of the managers under the heading
``Environmental Protection Agency, State and Tribal Assistance
Grants'' in Public Law 107-73, in reference to item 184, is
deemed to be amended by striking ``$2,000,000'' and inserting
``$29,945'' and by inserting after ``improvements'' the
following: ``, $500,000 to the City of Sheridan for water
system improvements, $500,000 to Meagher County/Martinsdale
Water and Sewer District for Martinsdale Water System
Improvements, and $970,055 to the City of Bozeman for Hyalite
Waterline and Intake''; and
(B) in the second paragraph strike ``original''.
(5) Under the heading ``Forest Service, Land Acquisition'' by
striking ``land that are encumbered'' and all that follows through
``under this section,'' and inserting the following: ``lands that
are encumbered by unpatented claims acquired under this section, or
with previously appropriated funds,''.
(6) At the end of title IV--General Provisions, insert the
following:
``SEC. 440. REDESIGNATION OF WILDERNESS.
``(a) Redesignation.--Section 140(c)(4) of division E of Public Law
108-447 is amended by striking `National'.
``(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the `Gaylord
A. Nelson National Wilderness' shall be deemed to be a reference to the
`Gaylord A. Nelson Wilderness'.''.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.