[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Reported in Senate (RS)]
Calendar No. 141
109th CONGRESS
1st Session
H.R. 2744
[Report No. 109-92]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2005
Received; read twice and referred to the Committee on Appropriations
June 27, 2005
Reported by Mr. Bennett, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
Rule___________________________________________________________________
AN ACT
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs 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,
<DELETED>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:</DELETED>
<DELETED>TITLE I</DELETED>
<DELETED>AGRICULTURAL PROGRAMS</DELETED>
<DELETED>Office of the Secretary</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Executive Operations</DELETED>
<DELETED>chief economist</DELETED>
<DELETED> 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.</DELETED>
<DELETED>National Appeals Division</DELETED>
<DELETED> For necessary expenses of the National Appeals Division,
$14,524,000.</DELETED>
<DELETED>Office of Budget and Program Analysis</DELETED>
<DELETED> For necessary expenses of the Office of Budget and Program
Analysis, $8,298,000.</DELETED>
<DELETED>Homeland Security Staff</DELETED>
<DELETED> For necessary expenses of the Homeland Security Staff,
$934,000.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Information Officer, $16,462,000.</DELETED>
<DELETED>Common Computing Environment</DELETED>
<DELETED> For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the Farm
and Foreign Agricultural Service, and Rural Development mission areas
for information technology, systems, and services, $124,580,000
(reduced by $40,000,000) (reduced by $2,000,000) (reduced by $855,000)
(reduced by $21,000,000) to remain available until expended, for the
capital asset acquisition of shared information technology systems,
including services as authorized by 7 U.S.C. 6915-16 and 40 U.S.C.
1421-28: Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center Modernization Plan of
the county-based agencies, and shall be with the concurrence of the
Department's Chief Information Officer.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Financial Officer, $5,874,000: Provided, That the Chief Financial
Officer shall actively market and expand cross-servicing activities of
the National Finance Center: Provided further, That no funds made
available by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Government Reform of the House of Representatives a report
on the Department's contracting out policies, including agency budgets
for contracting out.</DELETED>
<DELETED>Office of the Assistant Secretary for Civil Rights</DELETED>
<DELETED> For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $811,000.</DELETED>
<DELETED>Office of Civil Rights</DELETED>
<DELETED> For necessary expenses of the Office of Civil Rights,
$20,109,000.</DELETED>
<DELETED>Office of the Assistant Secretary for Administration</DELETED>
<DELETED> For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $676,000.</DELETED>
<DELETED>Agriculture Buildings and Facilities and Rental
Payments</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services to
the Department of Agriculture under 40 U.S.C. 486, for programs and
activities of the Department which are included in this Act, and for
alterations and other actions needed for the Department and its
agencies to consolidate unneeded space into configurations suitable for
release to the Administrator of General Services, and for the
operation, maintenance, improvement, and repair of Agriculture
buildings and facilities, and for related costs, $183,133,000, to
remain available until expended, as follows: for payments to the
General Services Administration and the Department of Homeland Security
for building security, $147,734,000, and for buildings operations and
maintenance, $35,399,000: Provided, That amounts which are made
available for space rental and related costs for the Department of
Agriculture in this Act may be transferred between such appropriations
to cover the costs of additional, new, or replacement space 15 days
after notice thereof is transmitted to the Appropriations Committees of
both Houses of Congress.</DELETED>
<DELETED>Hazardous Materials Management</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses of the Department of Agriculture,
to comply with the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.) and the Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $15,644,000, to
remain available until expended: Provided, That appropriations and
funds available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department for its
use in meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Assistant Secretary for</DELETED>
<DELETED>Congressional Relations</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of Communications</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector General Act of
1978, $79,626,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.</DELETED>
<DELETED>Office of the General Counsel</DELETED>
<DELETED> For necessary expenses of the Office of the General
Counsel, $38,439,000.</DELETED>
<DELETED>Office of the Under Secretary for Research, Education and
Economics</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Economic Research Service</DELETED>
<DELETED> For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$75,931,000.</DELETED>
<DELETED>National Agricultural Statistics Service</DELETED>
<DELETED> For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and service
work, including crop and livestock estimates, statistical coordination
and improvements, marketing surveys, and the Census of Agriculture, as
authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws,
$136,241,000, of which up to $29,115,000 shall be available until
expended for the Census of Agriculture.</DELETED>
<DELETED>AGRICULTURAL RESEARCH SERVICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,035,475,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State, other
political sub-division, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law: Provided
further, That the Secretary, through the Agricultural Research Service,
or successor, is authorized to lease approximately 40 acres of land at
the Central Plains Experiment Station, Nunn, Colorado, to the Board of
Governors of the Colorado State University System, for its Shortgrass
Steppe Biological Field Station, on such terms and conditions as the
Secretary deems in the public interest: Provided further, That the
Secretary understands that it is the intent of the University to
construct research and educational buildings on the subject acreage and
to conduct agricultural research and educational activities in these
buildings: Provided further, That as consideration for a lease, the
Secretary may accept the benefits of mutual cooperative research to be
conducted by the Colorado State University and the Government at the
Shortgrass Steppe Biological Field Station: Provided further, That the
term of any lease shall be for no more than 20 years, but a lease may
be renewed at the option of the Secretary on such terms and conditions
as the Secretary deems in the public interest.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Buildings and Facilities</DELETED>
<DELETED> For acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research programs
of the Department of Agriculture, where not otherwise provided,
$87,300,000, to remain available until expended.</DELETED>
<DELETED>Cooperative State Research, Education, and Extension
Service</DELETED>
<DELETED>Research and Education Activities</DELETED>
<DELETED> For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and for other
expenses, $661,691,000 (increased by $855,000), as follows: to carry
out the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$178,807,000; for grants for cooperative forestry research (16 U.S.C.
582a through a-7), $22,255,000; for payments to the 1890 land-grant
colleges, including Tuskegee University and West Virginia State
University (7 U.S.C. 3222), $37,704,000, of which $1,507,496 shall be
made available only for the purpose of ensuring that each institution
shall receive no less than $1,000,000; for special grants for
agricultural research (7 U.S.C. 450i(c)), $92,064,000; for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)), $15,038,000; for competitive research grants (7 U.S.C.
450i(b)), $214,634,000; for the support of animal health and disease
programs (7 U.S.C. 3195), $5,057,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $1,187,000; for grants for
research pursuant to the Critical Agricultural Materials Act (7 U.S.C.
178 et seq.), $1,102,000, to remain available until expended; for the
1994 research grants program for 1994 institutions pursuant to section
536 of Public Law 103-382 (7 U.S.C. 301 note), $1,000,000, to remain
available until expended; for rangeland research grants (7 U.S.C.
3333), $1,000,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $4,500,000, to remain available until expended (7
U.S.C. 2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $5,500,000; for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), $998,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $5,645,000 (increased by
$855,000); for noncompetitive grants for the purpose of carrying out
all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to
individual eligible institutions or consortia of eligible institutions
in Alaska and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $2,997,000; for a secondary agriculture
education program and 2-year post-secondary education (7 U.S.C.
3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
$3,968,000; for sustainable agriculture research and education (7
U.S.C. 5811), $12,400,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University and West Virginia State University, $12,312,000, to remain
available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382,
$2,250,000; for resident instruction grants for insular areas under
section 1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for
necessary expenses of Research and Education Activities, $39,773,000,
of which $2,750,000 for the Research, Education, and Economics
Information System and $2,173,000 for the Electronic Grants Information
System, are to remain available until expended.</DELETED>
<DELETED> None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products: Provided, That this
paragraph shall not apply to research on the medical, biotechnological,
food, and industrial uses of tobacco.</DELETED>
<DELETED>Native American Institutions Endowment Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Extension Activities</DELETED>
<DELETED> For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa, $444,871,000, as follows: payments for cooperative
extension work under the Smith-Lever Act, to be distributed under
sections 3(b) and 3(c) of said Act, and under section 208(c) of Public
Law 93-471, for retirement and employees' compensation costs for
extension agents, $275,940,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $62,409,000; payments
for the pest management program under section 3(d) of the Act,
$10,000,000; payments for the farm safety program under section 3(d) of
the Act, $4,563,000; payments for New Technologies for Ag Extension
under section 3(d) of the Act, $1,000,000; payments to upgrade
research, extension, and teaching facilities at the 1890 land-grant
colleges, including Tuskegee University and West Virginia State
University, as authorized by section 1447 of Public Law 95-113 (7
U.S.C. 3222b), $16,777,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $7,978,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $444,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), $4,060,000; payments for Indian reservation agents under
section 3(d) of the Smith-Lever Act, $1,996,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,067,000; payments for rural health and safety education as
authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
$1,965,000; payments for cooperative extension work by the colleges
receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and
328) and Tuskegee University and West Virginia State University,
$33,868,000, of which $1,724,884 shall be made available only for the
purpose of ensuring that each institution shall receive no less than
$1,000,000; and for necessary expenses of Extension Activities,
$16,531,000.</DELETED>
<DELETED>Integrated Activities</DELETED>
<DELETED> For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$15,513,000, as follows: for a competitive international science and
education grants program authorized under section 1459A of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3292b), to remain available until expended, $1,000,000; for
grants programs authorized under section 2(c)(1)(B) of Public Law 89-
106, as amended, $1,000,000, to remain available until September 30,
2007 for the critical issues program, and $1,513,000 for the regional
rural development centers program; and $12,000,000 for the Food and
Agriculture Defense Initiative authorized under section 1484 of the
National Agricultural Research, Extension, and Teaching Act of 1977, to
remain available until September 30, 2007.</DELETED>
<DELETED>Outreach for Socially Disadvantaged Farmers</DELETED>
<DELETED> For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$5,935,000 (increased by $1,875,000), to remain available until
expended.</DELETED>
<DELETED>Office of the Under Secretary for Marketing and Regulatory
Programs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>ANIMAL AND PLANT HEALTH INSPECTION SERVICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $823,635,000 (increased
by $18,885,000), of which $4,140,000 shall be available for the control
of outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds to the extent necessary to meet
emergency conditions; of which $38,634,000 shall be used for the boll
weevil eradication program for cost share purposes or for debt
retirement for active eradication zones; of which $33,340,000 shall be
available for a National Animal Identification program: Provided, That
no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed four, of
which two shall be for replacement only: Provided further, That, in
addition, in emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may transfer from
other appropriations or funds available to the agencies or corporations
of the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Buildings and Facilities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>AGRICULTURAL MARKETING SERVICE</DELETED>
<DELETED>Marketing Services</DELETED>
<DELETED> For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law, and for
administration and coordination of payments to States, $78,032,000,
including funds for the wholesale market development program for the
design and development of wholesale and farmer market facilities for
the major metropolitan areas of the country: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.</DELETED>
<DELETED> Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31 U.S.C.
9701).</DELETED>
<DELETED>limitation on administrative expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Funds for Strengthening Markets, Income, and Supply (Section
32)</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program expenses
as authorized therein, and other related operating expenses, except
for: (1) transfers to the Department of Commerce as authorized by the
Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise
provided in this Act; and (3) not more than $16,055,000 for formulation
and administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.</DELETED>
<DELETED>Payments to States and Possessions</DELETED>
<DELETED> For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities
under section 204(b) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1623(b)), $1,347,000.</DELETED>
<DELETED>GRAIN INSPECTION, PACKERS AND STOCKYARDS
ADMINISTRATION</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of the
Packers and Stockyards Act, for certifying procedures used to protect
purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, $38,400,000:
Provided, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.</DELETED>
<DELETED>Limitation on Inspection and Weighing Services
Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Under Secretary for Food Safety</DELETED>
<DELETED> For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service,
$590,000.</DELETED>
<DELETED>FOOD SAFETY AND INSPECTION SERVICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection Act,
and the Egg Products Inspection Act, including not to exceed $50,000
for representation allowances and for expenses pursuant to section 8 of
the Act approved August 3, 1956 (7 U.S.C. 1766), $837,264,000, of which
no less than $756,152,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That of the total amount
made available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.</DELETED>
<DELETED>Office of the Under Secretary for Farm and Foreign
Agricultural Services</DELETED>
<DELETED> 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.</DELETED>
<DELETED>FARM SERVICE AGENCY</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service Agency,
$1,023,738,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to
and merged with this account.</DELETED>
<DELETED>State Mediation Grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Dairy Indemnity Program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Agricultural Credit Insurance Fund Program Account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,600,000,000, of which $1,400,000,000 shall be for
guaranteed loans and $200,000,000 shall be for direct loans; operating
loans, $2,116,256,000, of which $1,200,000,000 shall be for
unsubsidized guaranteed loans, $266,256,000 shall be for subsidized
guaranteed loans and $650,000,000 shall be for direct loans; Indian
tribe land acquisition loans, $2,020,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.</DELETED>
<DELETED> For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, as follows: farm ownership loans, $16,960,000, of
which $6,720,000 shall be for guaranteed loans, and $10,240,000 shall
be for direct loans; operating loans, $134,317,000, of which
$36,360,000 shall be for unsubsidized guaranteed loans, $33,282,000
shall be for subsidized guaranteed loans, and $64,675,000 shall be for
direct loans; and Indian tribe land acquisition loans,
$81,000.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $305,127,000, of
which $297,127,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>RISK MANAGEMENT AGENCY</DELETED>
<DELETED>Administrative and Operating Expenses</DELETED>
<DELETED> For administrative and operating expenses, as authorized
by section 226A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6933), $77,806,000: Provided, That not to exceed $1,000
shall be available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).</DELETED>
<DELETED>Corporations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Crop Insurance Corporation Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Commodity Credit Corporation Fund</DELETED>
<DELETED>reimbursement for net realized losses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>hazardous waste management</DELETED>
<DELETED>(limitation on expenses)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>CONSERVATION PROGRAMS</DELETED>
<DELETED>Office of the Under Secretary for Natural Resources and
Environment</DELETED>
<DELETED> 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.</DELETED>
<DELETED>NATURAL RESOURCES CONSERVATION SERVICE</DELETED>
<DELETED>Conservation Operations</DELETED>
<DELETED> For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$793,640,000 (reduced by $20,000,000), to remain available until March
31, 2007, of which not less than $10,457,000 is for snow survey and
water forecasting, and not less than $10,547,000 is for operation and
establishment of the plant materials centers, and of which not less
than $27,312,000 shall be for the grazing lands conservation
initiative: Provided, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for construction and improvement of buildings
and public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided further, That
when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further,
That qualified local engineers may be temporarily employed at per diem
rates to perform the technical planning work of the Service.</DELETED>
<DELETED>Watershed Surveys and Planning</DELETED>
<DELETED> For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009),
$7,026,000.</DELETED>
<DELETED>Watershed and Flood Prevention Operations</DELETED>
<DELETED> For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations, methods
of cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $60,000,000, to remain available until
expended; of which up to $10,000,000 may be available for the
watersheds authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a): Provided, That not to exceed $25,000,000 of this
appropriation shall be available for technical assistance: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project
construction.</DELETED>
<DELETED>Watershed Rehabilitation Program</DELETED>
<DELETED> For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012), and in accordance
with the provisions of laws relating to the activities of the
Department, $27,000,000 (increased by $20,000,000), to remain available
until expended.</DELETED>
<DELETED>Resource Conservation and Development</DELETED>
<DELETED> For necessary expenses in planning and carrying out
projects for resource conservation and development and for sound land
use pursuant to the provisions of sections 31 and 32 of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of
April 27, 1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the
Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), $51,360,000, to
remain available until expended: Provided, That the Secretary shall
enter into a cooperative or contribution agreement, within 45 days of
enactment of this Act, with a national association regarding a Resource
Conservation and Development program and such agreement shall contain
the same matching, contribution requirements, and funding level, set
forth in a similar cooperative or contribution agreement with a
national association in fiscal year 2002: Provided further, That not to
exceed $3,411,000 shall be available for national headquarters
activities.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>RURAL DEVELOPMENT PROGRAMS</DELETED>
<DELETED>Office of the Under Secretary for Rural Development</DELETED>
<DELETED> For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs under the
laws enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $627,000.</DELETED>
<DELETED>Rural Community Advancement Program</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except
for sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act, $657,389,000, to remain available until expended, of
which $38,006,000 shall be for rural community programs described in
section 381E(d)(1) of such Act; of which $531,162,000 shall be for the
rural utilities programs described in sections 381E(d)(2), 306C(a)(2),
and 306D of such Act, of which not to exceed $500,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $1,000,000 shall
be available for the rural utilities program described in section 306E
of such Act; and of which $88,221,000 shall be for the rural business
and cooperative development programs described in sections 381E(d)(3)
and 310B(f) of such Act: Provided, That of the total amount
appropriated in this account, $24,000,000 shall be for loans and grants
to benefit Federally Recognized Native American Tribes, including
grants for drinking water and waste disposal systems pursuant to
section 306C of such Act, of which $4,000,000 shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of the Consolidated Farm and Rural Development Act,
and of which $250,000 shall be available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That of the amount appropriated for rural community programs,
$6,200,000 shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used solely to
develop the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes to
undertake projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided further,
That such funds shall be made available to qualified private, nonprofit
and public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development;
$1,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 1921 et seq.) for any purpose under this heading: Provided
further, That of the amount appropriated for rural utilities programs,
not to exceed $25,000,000 shall be for water and waste disposal systems
to benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to exceed
$17,500,000 shall be for technical assistance grants for rural water
and waste systems pursuant to section 306(a)(14) of such Act, unless
the Secretary makes a determination of extreme need, of which
$5,600,000 shall be for Rural Community Assistance Programs; and not to
exceed $14,000,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $21,367,000 shall be available
through June 30, 2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones; of which $1,067,000 shall be
for the rural community programs described in section 381E(d)(1) of
such Act, of which $12,000,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which
$8,300,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided further,
That any prior year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19))
shall be transferred to and merged with the ``Rural Utilities Service,
High Energy Costs Grants Account''.</DELETED>
<DELETED>RURAL DEVELOPMENT</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$152,623,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees: Provided
further, That any balances available from prior years for the Rural
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this appropriation.</DELETED>
<DELETED>RURAL HOUSING SERVICE</DELETED>
<DELETED>Rural Housing Insurance Fund Program Account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance fund,
as follows: $4,821,832,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $1,140,799,000 shall be for
direct loans, and of which $3,681,033,000 shall be for unsubsidized
guaranteed loans; $35,969,000 for section 504 housing repair loans;
$100,000,000 for section 515 rental housing; $100,000,000 for section
538 guaranteed multi-family housing loans; $5,000,000 for section 524
site loans; $11,500,000 for credit sales of acquired property, of which
up to $1,500,000 may be for multi-family credit sales; and $5,048,000
for section 523 self-help housing land development loans.</DELETED>
<DELETED> For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, as follows: section 502 loans, $170,837,000, of
which $129,937,000 shall be for direct loans, and of which $40,900,000,
to remain available until expended, shall be for unsubsidized
guaranteed loans; section 504 housing repair loans, $10,521,000;
section 515 rental housing, $45,880,000; section 538 multi-family
housing guaranteed loans, $5,420,000; multi-family credit sales of
acquired property, $681,000; and section 523 self-help housing and
development loans, $52,000: Provided, That of the total amount
appropriated in this paragraph, $2,500,000 shall be available through
June 30, 2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $455,242,000, which
shall be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.</DELETED>
<DELETED>Rental Assistance Program</DELETED>
<DELETED> For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements entered
into in lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$650,026,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount,
$5,900,000 shall be available for debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the Act,
and not to exceed $20,000 per project for advances to non-profit
organizations or public agencies to cover direct costs (other than
purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements entered into
or renewed during the current fiscal year shall be funded for a four-
year period: Provided further, That any unexpended balances remaining
at the end of such four-year agreements may be transferred and used for
the purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and rental
assistance activities authorized under title V of the Act.</DELETED>
<DELETED>Mutual and Self-Help Housing Grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Rural Housing Assistance Grants</DELETED>
<DELETED> For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation for
construction defects, and rural housing preservation made by the Rural
Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and
1490m, $41,000,000, to remain available until expended: Provided, That
of the total amount appropriated, $1,200,000 shall be available through
June 30, 2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.</DELETED>
<DELETED>Farm Labor Program Account</DELETED>
<DELETED> For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $32,728,000, to remain available
until expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts.</DELETED>
<DELETED>RURAL BUSINESS-COOPERATIVE SERVICE</DELETED>
<DELETED>Rural Development Loan Fund Program Account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$34,212,000.</DELETED>
<DELETED> For the cost of direct loans, $14,718,000, as authorized
by the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2006, for Federally
Recognized Native American Tribes and of which $3,449,000 shall be
available through June 30, 2006, for the Delta Regional Authority (7
U.S.C. 1921 et seq.): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That of the total
amount appropriated, $887,000 shall be available through June 30, 2006,
for the cost of direct loans for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct loan programs, $4,719,000 shall be transferred to and merged
with the appropriation for ``Rural Development, Salaries and
Expenses''.</DELETED>
<DELETED>Rural Economic Development Loans Program Account</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Of the funds derived from interest on the cushion of
credit payments in the current fiscal year, as authorized by section
313 of the Rural Electrification Act of 1936, $18,877,000 shall not be
obligated and $18,877,000 are rescinded.</DELETED>
<DELETED>Rural Cooperative Development Grants</DELETED>
<DELETED> For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932), $24,000,000 (increased by $40,000,000), of which $500,000
shall be for cooperative research agreements; and of which $2,500,000
shall be for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,000,000 shall be for cooperatives or associations of cooperatives
whose primary focus is to provide assistance to small, minority
producers and whose governing board and/or membership is comprised of
at least 75 percent minority; and of which not to exceed $15,500,000
(increased by $40,000,000), to remain available until expended, shall
be for value-added agricultural product market development grants, as
authorized by section 6401 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 1621 note).</DELETED>
<DELETED>Rural Empowerment Zones and Enterprise</DELETED>
<DELETED>Community Grants</DELETED>
<DELETED> For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $10,000,000, to remain
available until expended, for designated rural empowerment zones and
rural enterprise communities, as authorized by the Taxpayer Relief Act
of 1997 and the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277): Provided, That of the
funds appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax Relief
Act (Public Law 106-554).</DELETED>
<DELETED>Renewable Energy Program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Rural Electrification and Telecommunications</DELETED>
<DELETED>Loans Program Account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as
follows: 5 percent rural electrification loans, $100,000,000; municipal
rate rural electric loans, $100,000,000; loans made pursuant to section
306 of that Act, rural electric, $2,100,000,000; Treasury rate direct
electric loans, $1,000,000,000; guaranteed under-writing loans pursuant
to section 313A, $1,000,000,000; 5 percent rural telecommunications
loans, $145,000,000; cost of money rural telecommunications loans,
$424,000,000; and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $125,000,000.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $38,907,000 which
shall be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.</DELETED>
<DELETED>Rural Telephone Bank Program Account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> Of the unobligated balances from the Rural Telephone Bank
Liquidating Account, $2,500,000 shall not be obligated and $2,500,000
are rescinded.</DELETED>
<DELETED>Distance Learning, Telemedicine, and Broadband
Program</DELETED>
<DELETED> For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount of direct
broadband telecommunication loans, $463,860,000.</DELETED>
<DELETED> For the cost of direct loans and grants for telemedicine
and distance learning services in rural areas, as authorized by 7
U.S.C. 950aaa et seq., $25,750,000, to remain available until expended,
of which $750,000 shall be for direct loans: Provided, That the cost of
direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.</DELETED>
<DELETED> For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $9,973,000, to remain available until expended: Provided,
That the interest rate for such loans shall be the cost of borrowing to
the Department of the Treasury for obligations of comparable maturity:
Provided further, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>DOMESTIC FOOD PROGRAMS</DELETED>
<DELETED>Office of the Under Secretary for Food, Nutrition and Consumer
Services</DELETED>
<DELETED> 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.</DELETED>
<DELETED>FOOD AND NUTRITION SERVICE</DELETED>
<DELETED>Child Nutrition Programs</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and
21; $12,412,027,000, to remain available through September 30, 2007, of
which $7,224,406,000 is hereby appropriated and $5,187,621,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $5,235,000 shall be available for
independent verification of school food service claims.</DELETED>
<DELETED>Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)</DELETED>
<DELETED> For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain
available through September 30, 2007: Provided, That of the total
amount available, the Secretary shall obligate not less than
$15,000,000 for a breastfeeding support initiative in addition to the
activities specified in section 17(h)(3)(A): Provided further, That
only the provisions of section 17(h)(10)(B)(i) shall be effective in
2006; including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i): Provided further, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That none of the funds in this Act shall be available
to pay administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That on or after October 1, 2005, or the date of enactment of this act,
whichever is later, any individual seeking certification or
recertification for benefits under the income eligibility provisions of
section 17(d)(2)(iii) of the Child Nutrition Act of 1966 shall meet
such eligibility requirements only if the income, as determined under
title XIX of the Social Security Act, of the individual or the family
of which the individual is a member is less than 250 percent of the
applicable nonfarm income poverty guideline: Provided further, That
none of the funds provided shall be available for activities that are
not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.</DELETED>
<DELETED>Food Stamp Program</DELETED>
<DELETED> For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $40,711,395,000, of which $3,000,000,000 to
remain available through September 30, 2007, shall be placed in reserve
for use only in such amounts and at such times as may become necessary
to carry out program operations: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided further,
That this appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided further, That
funds made available for Employment and Training under this heading
shall remain available until expended, as authorized by section
16(h)(1) of the Food Stamp Act: Provided further, That notwithstanding
section 5(d) of the Food Stamp Act of 1977, any additional payment
received under chapter 5 of title 37, United States Code, by a member
of the United States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of the
member's deployment if the additional pay is the result of deployment
to or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone.</DELETED>
<DELETED>Commodity Assistance Program</DELETED>
<DELETED> For necessary expenses to carry out disaster assistance
and the commodity supplemental food program as authorized by section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note); the Emergency Food Assistance Act of 1983; special
assistance (in a form determined by the Secretary of Agriculture) for
the nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $178,797,000, to
remain available through September 30, 2007: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2006 to support the Senior Farmers'
Market Nutrition Program, as authorized by section 4402 of Public Law
107-171, such funds shall remain available through September 30,
2007.</DELETED>
<DELETED>Nutrition Programs Administration</DELETED>
<DELETED> For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$140,761,000.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>FOREIGN AGRICULTURAL SERVICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses of the Foreign Agricultural
Service, including carrying out title VI of the Agricultural Act of
1954 (7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities of
the Department in connection with foreign agricultural work, including
not to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $148,224,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.</DELETED>
<DELETED>Public Law 480 Title I Direct Credit and Food for Progress
Program Account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>Public Law 480 Title I Ocean Freight Differential
Grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Public Law 480 Title II Grants</DELETED>
<DELETED> For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,107,094,000, to remain available until
expended.</DELETED>
<DELETED>Commodity Credit Corporation Export Loans Program
Account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>McGovern-Dole International Food for Education and Child
Nutrition Program Grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE VI</DELETED>
<DELETED>FOOD AND DRUG ADMINISTRATION</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> For necessary expenses of the Food and Drug
Administration, including hire and purchase of passenger motor
vehicles; for payment of space rental and related costs pursuant to
Public Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of special
purpose space in the District of Columbia or elsewhere; for
miscellaneous and emergency expenses of enforcement activities,
authorized and approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188; $1,837,928,000:
Provided, That of the amount provided under this heading, $305,332,000
shall be derived from prescription drug user fees authorized by 21
U.S.C. 379h, shall be credited to this account and remain available
until expended, and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2007 but collected in
fiscal year 2006; $40,300,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; and $11,318,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, and animal drug assessments received during fiscal year 2006,
including any such fees assessed prior to the current fiscal year but
credited during the current year, shall be subject to the fiscal year
2006 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $444,095,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $519,814,000 shall be for the Center for
Drug Evaluation and Research and related field activities in the Office
of Regulatory Affairs; (3) $178,713,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $99,787,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $243,939,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $41,152,000 shall be for the
National Center for Toxicological Research; (7) $58,515,000 shall be
for Rent and Related activities, of which $21,974,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (8) $134,853,000 shall be for payments to the
General Services Administration for rent; and (9) $117,060,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Management; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices: Provided
further, That of the funds provided herein for other activities,
$5,853,000 may not be obligated until the Commissioner or Acting
Commissioner has presented public testimony on the President's 2006
budget request before the Committee on Appropriations of the House of
Representatives: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.</DELETED>
<DELETED> In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.</DELETED>
<DELETED> In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain available
until expended.</DELETED>
<DELETED>Buildings and Facilities</DELETED>
<DELETED> For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$5,000,000 to remain available until expended.</DELETED>
<DELETED>INDEPENDENT AGENCIES</DELETED>
<DELETED>Commodity Future Trading Commission</DELETED>
<DELETED> 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.</DELETED>
<DELETED>FARM CREDIT ADMINISTRATION</DELETED>
<DELETED>Limitation on Administrative Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE VII--GENERAL PROVISIONS</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).</DELETED>
<DELETED> Sec. 703. Funds appropriated by this Act shall be
available for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2225) and 5 U.S.C. 3109.</DELETED>
<DELETED> Sec. 704. New obligational authority provided for the
following appropriation items in this Act shall remain available until
expended: Animal and Plant Health Inspection Service, the contingency
fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, up to $8,000,000 in the low pathogen avian influenza program
for indemnities, up to $1,500,000 in the scrapie program for
indemnities, up to $33,340,000 in animal health monitoring and
surveillance for the animal identification system, up to $3,009,000 in
the emergency management systems program for the vaccine bank, up to
$1,000,000 of the wildlife services operations program for aviation
safety, and up to 25 percent of the screwworm program; Food Safety and
Inspection Service, field automation and information management
project; Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)); Farm Service
Agency, salaries and expenses funds made available to county
committees; Foreign Agricultural Service, middle-income country
training program, and up to $1,565,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall be
available to provide appropriate orientation and language training
pursuant to section 606C of the Act of August 28, 1954 (7 U.S.C.
1766b).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly
occupied.</DELETED>
<DELETED> Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service that
exceed 20 percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small Business Act
(15 U.S.C. 638).</DELETED>
<DELETED> Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered estimates, not
limitations.</DELETED>
<DELETED> Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to cover
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.</DELETED>
<DELETED> Sec. 713. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.</DELETED>
<DELETED> Sec. 714. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat Inspection Act (21
U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21
U.S.C. 471).</DELETED>
<DELETED> Sec. 715. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this Act to
any other agency or office of the Department for more than 30 days
unless the individual's employing agency or office is fully reimbursed
by the receiving agency or office for the salary and expenses of the
employee for the period of assignment.</DELETED>
<DELETED> Sec. 716. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make available to
any non-Department of Agriculture or non-Department of Health and Human
Services employee questions or responses to questions that are a result
of information requested for the appropriations hearing
process.</DELETED>
<DELETED> Sec. 717. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire new
information technology systems or significant upgrades, as determined
by the Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred
to the Office of the Chief Information Officer without the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects over $25,000 prior to receipt of written approval by the
Chief Information Officer.</DELETED>
<DELETED> Sec. 718. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds which--</DELETED>
<DELETED> (1) creates new programs;</DELETED>
<DELETED> (2) eliminates a program, project, or
activity;</DELETED>
<DELETED> (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or
restricted;</DELETED>
<DELETED> (4) relocates an office or employees;</DELETED>
<DELETED> (5) reorganizes offices, programs, or activities;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 719. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations incurred in
prior fiscal years, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).</DELETED>
<DELETED> Sec. 720. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President's Budget submission to the Congress of the United States for
programs under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2007
appropriations Act.</DELETED>
<DELETED> Sec. 721. None of the funds made available by this or any
other Act may be used to close or relocate a State Rural Development
office unless or until cost effectiveness and enhancement of program
delivery have been determined.</DELETED>
<DELETED> Sec. 722. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for the purpose
of providing Bill Emerson and Mickey Leland Hunger Fellowships, through
the Congressional Hunger Center.</DELETED>
<DELETED> Sec. 723. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f), any
balances available to carry out title III of such Act as of the date of
enactment of this Act, and any recoveries and reimbursements that
become available to carry out title III of such Act, may be used to
carry out title II of such Act.</DELETED>
<DELETED> Sec. 724. Section 375(e)(6)(B) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$27,998,000'' and inserting ``$28,498,000''.</DELETED>
<DELETED> Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
Secretary of Agriculture shall, to the extent practicable, direct that
tonnage equal in value to not more than $25,000,000 shall be made
available to foreign countries to assist in mitigating the effects of
the Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--</DELETED>
<DELETED> (1) agricultural commodities to--</DELETED>
<DELETED> (A) individuals with Human
Immunodeficiency Virus or Acquired Immune Deficiency
Syndrome in the communities; and</DELETED>
<DELETED> (B) households in the communities,
particularly individuals caring for orphaned children;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 726. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to the Kane County, Illinois, Indian Creek
Watershed Flood Prevention Project, from funds available for the
Watershed and Flood Prevention Operations program, not to exceed
$1,000,000 and Hickory Creek Special Drainage District, Bureau County,
Illinois, not to exceed $50,000.</DELETED>
<DELETED> Sec. 727. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this or any other appropriation
Act.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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)).</DELETED>
<DELETED> Sec. 730. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and expenses
of personnel to carry out subtitle I of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009dd through dd-7).</DELETED>
<DELETED> Sec. 731. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and expenses
of personnel, and for other related expenses, incurred in representing
such agencies and offices in the resolution of complaints by employees
or applicants for employment, and in cases and other matters pending
before the Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with the
prior approval of the Committees on Appropriations of both Houses of
Congress.</DELETED>
<DELETED> Sec. 732. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and expenses
of personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
2655).</DELETED>
<DELETED> Sec. 733. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary
may use up to $10,000,000 for costs associated with the distribution of
commodities.</DELETED>
<DELETED> Sec. 734. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to enroll in excess of 154,500 acres in the
calendar year 2006 wetlands reserve program as authorized by 16 U.S.C.
3837.</DELETED>
<DELETED> Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
of $1,012,000,000 (increased by $40,000,000).</DELETED>
<DELETED> 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)).</DELETED>
<DELETED> Sec. 737. With the exception of funds provided in fiscal
year 2003, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to expend the $50,000,000 made available by section
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)(A)).</DELETED>
<DELETED> Sec. 738. None of the funds made available in fiscal year
2005 or preceding fiscal years for programs authorized under the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.) in excess of $20,000,000 shall be used to reimburse the
Commodity Credit Corporation for the release of eligible commodities
under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act
(7 U.S.C. 1736f-1): Provided, That any such funds made available to
reimburse the Commodity Credit Corporation shall only be used pursuant
to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust
Act.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Conservation Security Program
authorized by 16 U.S.C. 3838 et seq., in excess of $258,000,000
(reduced by $13,000,000).</DELETED>
<DELETED> Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2502 of Public Law 107-
171 in excess of $60,000,000 (reduced by $17,000,000).</DELETED>
<DELETED> Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2503 of Public Law 107-
171 in excess of $83,500,000 (reduced by $10,000,000).</DELETED>
<DELETED> Sec. 744. With the exception of funds provided in fiscal
year 2005, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to carry out section 6029 of
Public Law 107-171.</DELETED>
<DELETED> Sec. 745. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law 105-
264.</DELETED>
<DELETED> Sec. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a ground and surface water
conservation program authorized by section 2301 of Public Law 107-171
in excess of $51,000,000.</DELETED>
<DELETED> Sec. 747. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and plant
health emergency programs of the Animal and Plant Health Inspection
Service published on July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg.
40541).</DELETED>
<DELETED> Sec. 748. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract with a
private party to carry out, without specific authorization in a
subsequent Act of Congress, a competitive sourcing activity of the
Secretary of Agriculture, including support personnel of the Department
of Agriculture, relating to rural development or farm loan
programs.</DELETED>
<DELETED> Sec. 749. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 9010 of Public Law 107-
171 in excess of $60,000,000.</DELETED>
<DELETED> Sec. 750. Agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to cover the
costs of preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment or
program activities arising within such agencies and offices.</DELETED>
<DELETED> Sec. 751. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in fiscal year 2006
shall remain available until expended to cover obligations made in
fiscal year 2006, and are not available for new obligations.</DELETED>
<DELETED> Sec. 752. None of the funds made available under this Act
shall be available to pay the administrative expenses of a State agency
that, after the date of enactment of this Act and prior to
implementation of interim final regulations regarding vendor cost
containment in accordance with the provisions set forth in section
17(h)(11)(G) of the Child Nutrition Act of 1966, authorizes any new
for-profit vendor(s) to transact food instruments under the Special
Supplemental Nutrition Program for Women, Infants, and Children if it
is expected that more than 50 percent of the annual revenue of the
vendor from the sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments, except
that the Secretary may approve the authorization of such a vendor if
the approval is necessary to assure participant access to program
benefits or is in accordance with the provisions set forth in section
17(h)(11)(E) of the Child Nutrition Act of 1966.</DELETED>
<DELETED> Sec. 753. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Ohio Livestock Expo
Center in Springfield, Ohio.</DELETED>
<DELETED> Sec. 754. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out an Agricultural Management
Assistance Program as authorized by section 524 of the Federal Crop
Insurance Act in excess of $6,000,000 (7 U.S.C. 1524).</DELETED>
<DELETED> Sec. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Biomass Research and
Development Program in excess of $12,000,000, as authorized by Public
Law 106-224 (7 U.S.C. 7624 note).</DELETED>
<DELETED> Sec. 756. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Secretary of Agriculture may sell the US Water Conservation Laboratory,
Phoenix, Arizona, and credit the net proceeds of such sale as
offsetting collections to its Agricultural Research Service Buildings
and Facilities account. Such funds shall be available until September
30, 2007 to be used to replace these facilities and to improve other
USDA-owned facilities.</DELETED>
<DELETED> Sec. 757. None of the funds provided in this Act may be
used for salaries and expenses to draft or implement any regulation or
rule insofar as it would require recertification of rural status for
each electric and telecommunications borrower for the Rural
Electrification and Telecommunication Loans program.</DELETED>
<DELETED> Sec. 758. None of the funds appropriated or otherwise made
available by this Act shall be used for the implementation of Country
of Origin Labeling for meat or meat products.</DELETED>
<DELETED> Sec. 759. (a) Notwithstanding any other provision of law,
and until the receipt of the decennial Census in the year 2010, the
Secretary of Agriculture shall consider--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the Township of Bloomington, Illinois
(including individuals and entities with projects within the
Township) eligible for Rural Housing Service Community
Facilities Programs loans and grants; and</DELETED>
<DELETED> (3) the City of Lone Grove, Oklahoma (including
individuals and entities with projects within the city)
eligible for Rural Housing Service Community Facilities Program
loans and grants.</DELETED>
<DELETED> Sec. 760. The Secretary of Agriculture shall use
$10,000,000 of the funds of the Commodity Credit Corporation, to remain
available until expended, to compensate commercial citrus and lime
growers in the State of Florida for tree replacement and for lost
production with respect to trees removed to control citrus canker, and
with respect to certified citrus nursery stocks within the citrus
canker quarantine areas, as determined by the Secretary. For a grower
to receive assistance for a tree under this section, the tree must have
been removed after September 30, 2001.</DELETED>
<DELETED> Sec. 761. The counties of Burlington and Camden, New
Jersey (including individuals and entities with projects within these
counties) shall be eligible for loans and grants under the Rural
Community Advancement Program for fiscal year 2006 to the same extent
they were eligible for such assistance during the fiscal year 2005
under section 106 of Chapter 1 of Division B of Public Law 108-324 (188
Stat. 1236).</DELETED>
<DELETED> Sec. 762. Of the unobligated balances available in the
Special Supplemental Nutrition Program for Women, Infants, and Children
reserve account, $32,000,000 is hereby rescinded.</DELETED>
<DELETED> Sec. 763. None of the funds provided by this Act shall be
used to pay salaries and expenses and other costs associated with
implementing or administering section 508(e)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) for the 2006 reinsurance
year.</DELETED>
<DELETED> Sec. 764. None of the funds appropriated or otherwise made
available by this Act for the Food and Drug Administration may be used
under section 801 of the Federal Food, Drug, and Cosmetic Act to
prevent an individual not in the business of importing a prescription
drug within the meaning of section 801(g) of such Act, wholesalers, or
pharmacists from importing a prescription drug which complies with
sections 501, 502, and 505.</DELETED>
<DELETED> Sec. 765. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.</DELETED>
<DELETED> Sec. 766. In addition to other amounts appropriated or
otherwise made available by this Act, there is hereby appropriated to
the Secretary of Agriculture $7,000,000, of which not to exceed 5
percent may be available for administrative expenses, to remain
available until expended, to make specialty crop block grants under
section 101 of the Specialty Crops Competitiveness Act of 2004 (Public
Law 108-465; 7 U.S.C. 1621 note).</DELETED>
<DELETED> Sec. 767. It is the sense of Congress that the Secretary
of Agriculture should use the transfer authority provided by section
442 of the Plant Protection Act (7 U.S.C. 7772) to implement the
strategic plan developed by the Animal and Plant Health Inspection
Service for the eradication of Emerald Ash Borer in the States of
Michigan, Ohio, and Indiana.</DELETED>
<DELETED> Sec. 768. None of the funds made available in this Act may
be used--</DELETED>
<DELETED> (1) to grant a waiver of a financial conflict of
interest requirement pursuant to section 505(n)(4) of the
Federal Food, Drug, and Cosmetic Act for any voting member of
an advisory committee or panel of the Food and Drug
Administration; or</DELETED>
<DELETED> (2) to make a certification under section
208(b)(3) of title 18, United States Code, for any such voting
member.</DELETED>
<DELETED> Sec. 769. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel to inspect horses
under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603) or
under the guidelines issued under section 903 the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-
127).</DELETED>
<DELETED> Sec. 770. None of the funds made available by this Act to
the Secretary of Agriculture may be used, after December 31, 2005, to
purchase chickens, including chicken products, under the Richard B.
Russell National School Lunch Act or the Child Nutrition Act of 1966,
unless the Secretary shall take into account whether such purchases are
in compliance with standards relating to the wholesomeness of food for
human consumption, pursuant to section 14(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1762a(d)).</DELETED>
<DELETED> This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2006''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2006, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,127,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
$10,539,000.
national appeals division
For necessary expenses of the National Appeals Division,
$14,524,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,298,000.
homeland security staff
For necessary expenses of the Homeland Security Staff, $1,166,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $16,726,000.
Common Computing Environment
For necessary expenses to acquire a Common Computing Environment
for the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service, and Rural Development mission areas for
information technology, systems, and services, $128,072,000, to remain
available until expended, for the capital asset acquisition of shared
information technology systems, including services as authorized by 7
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
these funds shall be consistent with the Department of Agriculture
Service Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief Information
Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,874,000: Provided, That the Chief Financial Officer shall
actively market and expand cross-servicing activities of the National
Finance Center: Provided further, That no funds made available by this
appropriation may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on Appropriations
of both Houses of Congress and the Committee on Government Reform of
the House of Representatives a report on the Department's contracting
out policies, including agency budgets for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the Assistant
Secretary for Civil Rights, $821,000.
Office of Civil Rights
(including transfers of funds)
For necessary expenses of the Office of Civil Rights, $20,109,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $676,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $187,734,000, to remain available until expended, as
follows: for payments to the General Services Administration and the
Department of Homeland Security for building security, $147,734,000,
and for buildings operations and maintenance, $40,000,000: Provided,
That amounts which are made available for space rental and related
costs for the Department of Agriculture in this Act may be transferred
between such appropriations to cover the costs of additional, new, or
replacement space 15 days after notice thereof is transmitted to the
Appropriations Committees of both Houses of Congress.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $12,000,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $23,103,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,846,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may be
obligated after 30 days from the date of enactment of this Act, unless
the Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA agency:
Provided further, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of activities
of congressional relations.
Office of Communications
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $9,509,000: Provided, That not to exceed $2,000,000 may be
used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$81,045,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$40,263,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$598,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$78,549,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture, as
authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws,
$145,159,000, of which up to $29,115,000 shall be available until
expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,109,981,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That the foregoing limitations shall not apply to the
purchase of land at Florence, South Carolina: Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or
operating any research facility or research project of the Agricultural
Research Service, as authorized by law.
None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $160,645,000,
to remain available until expended.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$652,231,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $178,707,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $22,205,000; for
payments to the 1890 land-grant colleges, including Tuskegee University
and West Virginia State University (7 U.S.C. 3222), $37,477,000, of
which $1,507,496 shall be made available only for the purpose of
ensuring that each institution shall receive no less than $1,000,000;
for special grants for agricultural research (7 U.S.C. 450i(c)),
$110,281,000; for special grants for agricultural research on improved
pest control (7 U.S.C. 450i(c)), $15,158,000; for competitive research
grants (7 U.S.C. 450i(b)), $190,000,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,057,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$833,000; for grants for research pursuant to the Critical Agricultural
Materials Act (7 U.S.C. 178 et seq.), $1,102,000, to remain available
until expended; for the 1994 research grants program for 1994
institutions pursuant to section 536 of Public Law 103-382 (7 U.S.C.
301 note), $1,078,000, to remain available until expended; for
rangeland research grants (7 U.S.C. 3333), $992,000; for higher
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,976,000,
to remain available until expended (7 U.S.C. 2209b); for a higher
education agrosecurity education program (7 U.S.C. 3351), $750,000, to
remain available until expended; for higher education challenge grants
(7 U.S.C. 3152(b)(1)), $5,456,000; for a higher education multicultural
scholars program (7 U.S.C. 3152(b)(5)), $990,000, to remain available
until expended (7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $5,600,000; for
noncompetitive grants for the purpose of carrying out all provisions of
7 U.S.C. 3242 (section 759 of Public Law 106-78) to individual eligible
institutions or consortia of eligible institutions in Alaska and in
Hawaii, with funds awarded equally to each of the States of Alaska and
Hawaii, $3,472,000; for a secondary agriculture education program and
2-year post-secondary education (7 U.S.C. 3152(j)), $992,000; for
aquaculture grants (7 U.S.C. 3322), $3,968,000; for sustainable
agriculture research and education (7 U.S.C. 5811), $12,400,000; for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University and West Virginia State
University, $12,312,000, to remain available until expended (7 U.S.C.
2209b); for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $2,232,000; and for necessary expenses
of Research and Education Activities, $38,193,000, of which $2,424,000
for the Research, Education, and Economics Information System and
$1,928,000 for the Electronic Grants Information System, are to remain
available until expended.
None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products: Provided, That this
paragraph shall not apply to research on the medical, biotechnological,
food, and industrial uses of tobacco.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $12,000,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American
Samoa, $453,438,000, as follows: payments for cooperative extension
work under the Smith-Lever Act, to be distributed under sections 3(b)
and 3(c) of said Act, and under section 208(c) of Public Law 93-471,
for retirement and employees' compensation costs for extension agents,
$275,520,000; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,247,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $62,909,000; payments for the pest
management program under section 3(d) of the Act, $9,920,000; payments
for the farm safety program under section 3(d) of the Act, $4,563,000;
payments for New Technologies for Ag Extension under Section 3(d) of
the Act, $2,000,000; payments to upgrade research, extension, and
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State University, as authorized by section
1447 of Public Law 95-113 (7 U.S.C. 3222b), $16,777,000, to remain
available until expended; payments for youth-at-risk programs under
section 3(d) of the Smith-Lever Act, $7,478,000; for youth farm safety
education and certification extension grants, to be awarded
competitively under section 3(d) of the Act, $440,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,060,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,760,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,067,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-419 (7
U.S.C. 2662(i)), $1,965,000; payments for cooperative extension work by
the colleges receiving the benefits of the second Morrill Act (7 U.S.C.
321-326 and 328) and Tuskegee University and West Virginia State
University, $33,643,000, of which $1,724,884 shall be made available
only for the purpose of ensuring that each institution shall receive no
less than $1,000,000; for grants to youth organizations pursuant to
section 7630 of title 7, United States Code, $2,646,000; and for
necessary expenses of Extension Activities, $22,443,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $55,784,000, as
follows: for competitive grants programs authorized under section 406
of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7626), $45,784,000, including $12,867,000 for the water
quality program, $14,847,000 for the food safety program, $4,167,000
for the regional pest management centers program, $4,464,000 for the
Food Quality Protection Act risk mitigation program for major food crop
systems, $1,389,000 for the crops affected by Food Quality Protection
Act implementation, $3,106,000 for the methyl bromide transition
program, and $1,874,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $992,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $744,000, to
remain available until September 30, 2007 for the critical issues
program, and $1,334,000 for the regional rural development centers
program; and $10,000,000 for the Food and Agriculture Defense
Initiative authorized under section 1484 of the National Agricultural
Research, Extension, and Teaching Act of 1977, to remain available
until September 30, 2007.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$5,888,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $724,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry
out inspection, quarantine, and regulatory activities; and to protect
the environment, as authorized by law, $807,768,000, of which
$4,140,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions; of which
$39,900,000 shall be used for the boll weevil eradication program for
cost share purposes or for debt retirement for active eradication
zones; of which $32,932,000 shall be available for a National Animal
Identification program: Provided, That no funds shall be used to
formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed four, of which two shall be
for replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of
the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2006, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States, $76,643,000, including funds
for the wholesale market development program for the design and
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $65,667,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $16,055,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$3,847,000, of which not less than $2,500,000 shall be used to make a
grant under this heading.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, $38,443,000: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $602,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $836,818,000, of which no
less than $751,457,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full
time equivalent positions above the fiscal year 2002 level shall be
employed during fiscal year 2006 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That of the amount available under this heading,
notwithstanding section 704 of this Act $5,000,000, available until
September 30, 2007, shall be obligated to include the Humane Animal
Tracking System as part of the Field Automation and Information
Management System following notification to the Committees on
Appropriations, which shall include a detailed explanation of the
components of such system: Provided further, That of the total amount
made available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $635,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$1,043,555,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to
and merged with this account.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,250,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $4,250,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,608,000,000, of which $1,400,000,000 shall be for
guaranteed loans and $208,000,000 shall be for direct loans; operating
loans, $2,033,000,000, of which $1,100,000,000 shall be for
unsubsidized guaranteed loans, $283,000,000 shall be for subsidized
guaranteed loans and $650,000,000 shall be for direct loans; Indian
tribe land acquisition loans, $2,000,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $17,370,000, of which
$6,720,000 shall be for guaranteed loans, and $10,650,000 shall be for
direct loans; operating loans, $133,380,000, of which $33,330,000 shall
be for unsubsidized guaranteed loans, $35,375,000 shall be for
subsidized guaranteed loans, and $64,675,000 shall be for direct loans;
and Indian tribe land acquisition loans, $80,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,137,000, of which
$309,137,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That the Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $73,448,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $744,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses to carry out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$819,561,000, to remain available until expended, of which not less
than $11,000,000 is for snow survey and water forecasting, and not less
than $11,847,000 is for operation and establishment of the plant
materials centers, and of which not less than $28,156,000 shall be for
the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That qualified local engineers may
be temporarily employed at per diem rates to perform the technical
planning work of the Service.
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $5,141,000.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $60,000,000, to remain available until
expended; of which up to $10,000,000 may be available for the
watersheds authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a): Provided, That not to exceed $27,199,000 of this
appropriation shall be available for technical assistance: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$27,313,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
and Food Act of 1981 (16 U.S.C. 3451-3461), $51,228,000, to remain
available until expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $635,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $705,106,000, to remain available until expended, of which
$86,770,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $528,115,000 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act, of which not to exceed $496,000 shall be available
for the rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $992,000 shall be available for
the rural utilities program described in section 306E of such Act; and
of which $90,221,000 shall be for the rural business and cooperative
development programs described in sections 381E(d)(3) and 310B(f) of
such Act: Provided, That of the total amount appropriated in this
account, $26,000,000 shall be for loans and grants to benefit Federally
Recognized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act, of
which $4,464,000 shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of the
Consolidated Farm and Rural Development Act, and of which $250,000
shall be available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order to
promote economic development: Provided further, That of the amount
appropriated for rural community programs, $6,500,000 shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to improve
housing, community facilities, community and economic development
projects in rural areas: Provided further, That such funds shall be
made available to qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount not less
than funds provided: Provided further, That of the amount appropriated
for the rural business and cooperative development programs, not to
exceed $500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development; $140,000 shall
be made available to conduct a feasibility study; $3,000,000 shall be
for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for
any purpose under this heading: Provided further, That of the amount
appropriated for rural utilities programs, not to exceed $25,000,000
shall be for water and waste disposal systems to benefit the Colonias
along the United States/Mexico border, including grants pursuant to
section 306C of such Act; $26,000,000 shall be for water and waste
disposal systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 2 percent available to administer
the program and/or improve interagency coordination may be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses'', of which $100,000 shall be provided to develop a
regional system for centralized billing, operation, and management of
rural water and sewer utilities through regional cooperatives, of which
25 percent shall be provided for water and sewer projects in regional
hubs, and the State of Alaska shall provide a 25 percent cost share,
and grantees may use up to 5 percent of grant funds, not to exceed
$35,000 per community, for the completion of comprehensive community
safe water plans; not to exceed $18,250,000 shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, of which $5,600,000 shall be for Rural
Community Assistance Programs and not less than $850,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities; and not to
exceed $13,500,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $21,367,000 shall be available
through June 30, 2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones; of which $1,067,000 shall be
for the rural community programs described in section 381E(d)(1) of
such Act, of which $12,000,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which
$8,300,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided further,
That of the amount appropriated for rural community programs,
$20,000,000 shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic depression
(Public Law 106-387), with 5 percent for administration and capacity
building in the State rural development offices: Provided further, That
of the amount appropriated, $28,000,000 shall be transferred to and
merged with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any
prior year balances for high cost energy grants authorized by section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the ``Rural Utilities Service, High
Energy Costs Grants Account''.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$164,773,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees: Provided
further, That any balances available from prior years for the Rural
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $4,927,581,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $1,000,000,000 shall be for
direct loans, and of which $3,681,033,000 shall be for unsubsidized
guaranteed loans; $35,000,000 for section 504 housing repair loans;
$90,000,000 for section 515 rental housing; $100,000,000 for section
538 guaranteed multi-family housing loans; $5,000,000 for section 524
site loans; $11,500,000 for credit sales of acquired property, of which
up to $1,500,000 may be for multi-family credit sales; and $5,048,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $154,800,000, of which
$113,900,000 shall be for direct loans, and of which $40,900,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $10,238,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$41,292,000; section 538 multi-family housing guaranteed loans,
$5,420,000; multi-family credit sales of acquired property, $681,000;
section 523 self-help housing and development loans, $52,000: Provided,
That of the total amount appropriated in this paragraph, $2,500,000
shall be available through June 30, 2006, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones:
Provided further, That any funds under this paragraph initially
allocated by the Secretary for housing projects in the State of Alaska
that are not obligated by September 30, 2006, shall be carried over
until September 30, 2007, and made available for such housing projects
only in the State of Alaska.
For additional costs to conduct a demonstration program for the
preservation and revitalization of the section 515 multi-family rental
housing properties, $16,500,000, to remain available until expended:
Provided, That funding made available under this heading shall be used
to restructure existing section 515 loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose of
providing safe and affordable housing for low-income residents
including reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances and incentives required by the Secretary.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $465,886,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$653,102,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, no
less than $8,976,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $50,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to
section 502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during the current fiscal year shall be funded
for a four-year period: Provided further, That any unexpended balances
remaining at the end of such four-year agreements may be transferred
and used for the purposes of any debt reduction; maintenance, repair,
or rehabilitation of any existing projects; preservation; and rental
assistance activities authorized under title V of the Act: Provided
further, That rental assistance that is recovered from projects that
are subject to prepayment shall be deobligated and reallocated for
vouchers and debt forgiveness or payments consistent with the
requirements of this Act for purposes authorized under section 542 and
section 502(c)(5)(D) of the Housing Act of 1949, as amended.
rural housing voucher program
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, (without regard to section 542(b)),
$16,000,000, to remain available until expended: Provided, That such
vouchers shall be available to any low-income household (including
those not receiving rental assistance) residing in a property financed
with a section 515 loan which has been prepaid after September 30,
2005: Provided further, That the amount of the voucher shall be the
difference between comparable market rent for the section 515 unit and
the tenant paid rent for such unit: Provided further, That funds made
available for such vouchers, shall be subject to the availability of
annual appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable for section 8
housing vouchers administered by the Secretary of the Department of
Housing and Urban Development (including the ability to pay
administrative costs related to delivery of the voucher funds).
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2005, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
rural housing assistance grants
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$43,976,000, to remain available until expended: Provided, That
$2,976,000 shall be made available for loans to private non-profit
organizations, or such non-profit organizations' affiliate loan funds
and State and local housing finance agencies, to carry out a housing
demonstration program to provide revolving loans for the preservation
of low-income multi-family housing projects: Provided further, That
loans under such demonstration program shall have an interest rate of
not more than 1 percent direct loan to the recipient: Provided further,
That the Secretary may defer the interest and principal payment to the
Rural Housing Service for up to 3 years and the term of such loans
shall not exceed 30 years: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2006, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $29,607,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Business--Cooperative Service
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,212,000.
For the cost of direct loans, $14,718,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2006, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2006, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That of
such amount made available, the Secretary may provide up to $1,500,000
for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount appropriated, $887,000
shall be available through June 30, 2006, for the cost of direct loans
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $6,656,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$25,003,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$4,993,000, to remain available until expended.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section 313 of
the Rural Electrification Act of 1936, $4,993,000 shall not be
obligated and $4,993,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $24,988,000, of which $500,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,488,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
minority producers and whose governing board and/or membership is
comprised of at least 75 percent minority; and of which $15,500,000, to
remain available until expended, shall be for value-added agricultural
product market development grants, as authorized by section 6401 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
rural empowerment zones and enterprise community grants
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $12,400,000, to remain
available until expended, for designated rural empowerment zones and
rural enterprise communities, as authorized by the Taxpayer Relief Act
of 1997 and the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277): Provided, That of the
funds appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax Relief
Act (Public Law 106-554).
renewable energy program
For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized by section
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106), $23,000,000 for direct and guaranteed renewable energy loans and
grants: Provided, That the cost of direct loans and loan guarantees,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfer of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $100,000,000; municipal rate rural
electric loans, $100,000,000; loans made pursuant to section 306 of
that Act, rural electric, $2,700,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant to
section 313A, $1,500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$425,000,000; and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $125,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
rural electric loans, $6,160,000, and the cost of telecommunications
loans, $212,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates may
exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $39,933,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs.
For administrative expenses, including audits, necessary to
continue to service existing loans, $2,500,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$550,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain
available until expended: Provided, That $10,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and
are qualified for Community Service Grants by the Corporation for
Public Broadcasting under section 396(k) of the Communications Act of
1934, including associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $11,825,000, to remain available until September 30, 2007:
Provided, That the interest rate for such loans shall be the cost of
borrowing to the Department of the Treasury for obligations of
comparable maturity: Provided further, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $10,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$599,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$12,412,027,000, to remain available through September 30, 2007, of
which $7,224,406,000 is hereby appropriated and $5,187,621,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $5,235,000 shall be available for
independent verification of school food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain available
through September 30, 2007, of which such sums as are necessary to
restore the contingency reserve to $125,000,000 shall be placed in
reserve, to remain available until expended, to be allocated as the
Secretary deems necessary, notwithstanding section 17(i) of such Act,
to support participation should cost or participation exceed budget
estimates: Provided, That of the total amount available, the Secretary
shall obligate not less than $15,000,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in
2006; including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section
17(h)(10)(B)(ii): Provided further, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That none of the funds in this Act shall be available
to pay administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $40,711,395,000, of which $3,000,000,000 to remain
available through September 30, 2007, shall be placed in reserve for
use only in such amounts and at such times as may become necessary to
carry out program operations: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That of the funds made available under this heading
and not already appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison
ranchers: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided further, That
notwithstanding section 5(d) of the Food Stamp Act of 1977, any
additional payment received under chapter 5 of title 37, United States
Code, by a member of the United States Armed Forces deployed to a
designated combat zone shall be excluded from household income for the
duration of the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it was not
received immediately prior to serving in the combat zone.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); The Emergency Food Assistance Act of 1983; special assistance
(in a form determined by the Secretary of Agriculture) for the nuclear
affected islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188); and the
Farmers' Market Nutrition Program, as authorized by section 17(m) of
the Child Nutrition Act of 1966, $179,935,000, to remain available
through September 30, 2007: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding any
other provision of law, effective with funds made available in fiscal
year 2006 to support the Senior Farmers' Market Nutrition Program, as
authorized by section 4402 of Public Law 107-171, such funds shall
remain available through September 30, 2007: Provided further, That of
the funds made available under section 27(a) of the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000
for costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $140,761,000, of which
$5,000,000 shall be available only for simplifying procedures, reducing
overhead costs, tightening regulations, improving food stamp benefit
delivery, and assisting in the prevention, identification, and
prosecution of fraud and other violations of law.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $147,868,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
public law 480 title i direct credit and food for progress program
account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985,
including the cost of modifying credit arrangements under said Acts,
$65,040,000, to remain available until expended: Provided, That the
Secretary of Agriculture may implement a commodity monetization program
under existing provisions of the Food for Progress Act of 1985 to
provide no less than $5,000,000 in local-currency funding support for
rural electrification development overseas.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $3,385,000, of which $168,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $3,217,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
public law 480 title i ocean freight differential grants
(including transfer of funds)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $11,940,000, to remain available until expended: Provided,
That funds made available for the cost of agreements under title I of
the Agricultural Trade Development and Assistance Act of 1954 and for
title I ocean freight differential may be used interchangeably between
the two accounts with prior notice to the Committees on Appropriations
of both Houses of Congress.
public law 480 title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,150,000,000, to remain available until
expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$5,279,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $3,440,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $1,839,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $1,841,959,000: Provided, That of the amount
provided under this heading, $305,332,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, shall be
credited to this account and remain available until expended, and shall
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
assessed for fiscal year 2007 but collected in fiscal year 2006;
$40,300,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; and $11,318,000 shall be derived from animal
drug user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended: Provided further,
That fees derived from prescription drug, medical device, and animal
drug assessments received during fiscal year 2006, including any such
fees assessed prior to the current fiscal year but credited during the
current year, shall be subject to the fiscal year 2006 limitation:
Provided further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated: (1)
$450,179,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $515,430,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $178,714,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $99,787,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $245,770,000 shall be for the Center for
Devices and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $41,152,000 shall be for the National
Center for Toxicological Research; (7) $58,515,000 shall be for Rent
and Related activities, other than the amounts paid to the General
Services Administration for rent; (8) $134,853,000 shall be for
payments to the General Services Administration for rent; and (9)
$117,559,000 shall be for other activities, including the Office of the
Commissioner; the Office of Management; the Office of External
Relations; the Office of Policy and Planning; and central services for
these offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$7,000,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $98,386,000,
including not to exceed $3,000 for official reception and
representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $44,250,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That up to an additional 5 percent of
the amount of this limitation may be expended for expenses associated
with unforeseen termination applications, upon a finding of
extraordinary circumstances by the Federal Credit Administration Board.
TITLE VII
GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 320 passenger motor vehicles, of which 320 shall
be for replacement only, and for the hire of such vehicles.
Sec. 702. Hereafter, funds appropriated by this or any other Act to
the Department of Agriculture (excluding the Forest Service) shall be
available for uniforms or allowances as authorized by law (5 U.S.C.
5901-5902).
Sec. 703. Hereafter, funds appropriated by this or any other Act to
the Department of Agriculture (excluding the Forest Service) shall be
available for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2225) and 5 U.S.C. 3109.
Sec. 704. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, information technology infrastructure, fruit
fly program, emerging plant pests, boll weevil program, low pathogen
avian influenza program, up to $32,932,000 in animal health monitoring
and surveillance for the animal identification system, up to $2,993,000
in the emergency management systems program for the vaccine bank, up to
$1,000,000 for wildlife services methods development, up to $1,000,000
of the wildlife services operations program for aviation safety, and up
to 25 percent of the screwworm program; Food Safety and Inspection
Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
Education, and Economics Information System, and funds for the Native
American Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 705. Hereafter, the Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by this or any
other Act or other available unobligated discretionary balances of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That none
of the funds transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without the prior approval of
the Committees on Appropriations of both Houses of Congress.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.-
Sec. 707. Hereafter, not to exceed $50,000 of the funds
appropriated by this or any other Act to the Department of Agriculture
(excluding the Forest Service) shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 710. Hereafter, loan levels provided in this or any other Act
to the Department of Agriculture shall be considered estimates, not
limitations.
Sec. 711. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to cover obligations
made in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Telephone Bank program
account, the Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
Sec. 712. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 714. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 715. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 716. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects over $25,000
prior to receipt of written approval by the Chief Information Officer.
Sec. 717. (a) Hereafter, none of the funds appropriated by this or
any other Act to the agencies funded by this Act, or provided from
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices,
programs, or activities; or (6) contracts out or privatizes any
functions or activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) Hereafter, none of the funds appropriated by this or any other
Act to the agencies funded by this Act, or provided from accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by
Congress; or (3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Committees
on Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(c) Hereafter, the Secretary of Agriculture, the Secretary of
Health and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on Appropriations of
both Houses of Congress before implementing a program or activity not
carried out during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any other Act.
Sec. 718. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred in prior
fiscal years, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
Sec. 719. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2006 appropriations Act.
Sec. 720. None of the funds made available by this or any other Act
may be used to close or relocate a State Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.
Sec. 721. In addition to amounts otherwise appropriated or made
available by this Act, $2,500,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through
the Congressional Hunger Center.
Sec. 722. Hereafter, notwithstanding section 412 of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of such
Act, may be used to carry out title II of such Act.
Sec. 723. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$27,998,000'' and inserting ``$29,998,000''.
Sec. 724. Notwithstanding any other provision of law, and until
receipt of the decennial Census in the year 2010, the Secretary of
Agriculture shall consider the City of Butte/Silverbow, Montana and the
designated Census track areas for the Upper Kanawha Valley Enterprise
Community, rural areas for purposes of eligibility for rural
development programs.
Sec. 725. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide financial and technical
assistance through the Watershed and Flood Prevention Operations
program for the Matanuska River erosion control project in Alaska,
Little Otter Creek project in Missouri, the Manoa Watershed project in
Hawaii, the West Tarkio project in Iowa, and the Coal Creek project in
Utah.
Sec. 726. Hereafter, none of the funds made available in this Act
may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this or any other appropriation Act.
Sec. 727. Notwithstanding any other provision of law, of the funds
made available in this Act for competitive research grants (7 U.S.C.
450i(b)), the Secretary may use up to 20 percent of the amount provided
to carry out a competitive grants program under the same terms and
conditions as those provided in section 401 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 728. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 729. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 730. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out subtitle I of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009dd through dd-7).
Sec. 731. Hereafter, agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and expenses
of personnel, and for other related expenses, incurred in representing
such agencies and offices in the resolution of complaints by employees
or applicants for employment, and in cases and other matters pending
before the Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
Sec. 732. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
2655).
Sec. 733. Hereafter, the Agricultural Marketing Service and the
Grain Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments outside of
the Treasury, are not required to establish obligations and outlays for
those investments, provided those investments are insured by the
Federal Deposit Insurance Corporation or are collateralized at the
Federal Reserve with securities approved by the Federal Reserve,
operating under the guidelines of the United States Department of the
Treasury.
Sec. 734. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to enroll in excess of 150,000 acres in the
calendar year 2006 wetlands reserve program as authorized by 16 U.S.C.
3837.
Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
of $1,017,000,000.
Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $23,000,000 made available by
section 9006(f) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106(f)).
Sec. 737. With the exception of funds provided in fiscal year 2003,
none of the funds appropriated or otherwise made available by this or
any other Act shall be used to pay the salaries and expenses of
personnel to expend the $50,000,000 made available by section
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)(A)).
Sec. 738. None of the funds made available in fiscal year 2006 or
preceding fiscal years for programs authorized under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
excess of $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1): Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 739. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $120,000,000 made available by
section 6401(a) of Public Law 107-171.
Sec. 740. Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2502 of Public Law 107-
171 in excess of $47,000,000.
Sec. 742. Of the unobligated balances available in the Special
Supplemental Nutrition Program for Women, Infants, and Children reserve
account, $32,000,000 is hereby rescinded.
Sec. 743. Not more than $10,000,000 for fiscal year 2006 of the
funds appropriated or otherwise made available by this or any other Act
shall be used to carry out section 6029 of Public Law 107-171.
Sec. 744. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a ground and surface water
conservation program authorized by section 2301 of Public Law 107-171
in excess of $51,000,000.
Sec. 745. None of the funds made available by this Act may be used
to issue a final rule in furtherance of, or otherwise implement, the
proposed rule on cost-sharing for animal and plant health emergency
programs of the Animal and Plant Health Inspection Service published on
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 746. None of the funds made available in this Act may be used
to study, complete a study of, or enter into a contract with a private
party to carry out, without specific authorization in a subsequent Act
of Congress, a competitive sourcing activity of the Secretary of
Agriculture, including support personnel of the Department of
Agriculture, relating to rural development or farm loan programs.
Sec. 747. Hereafter, notwithstanding any other provision of law,
the Secretary of Agriculture may use appropriations available to the
Secretary for activities authorized under sections 426-426c of title 7,
United States Code, under this or any other Act, to enter into
cooperative agreements, with a State, political subdivision, or agency
thereof, a public or private agency, organization, or any other person,
to lease aircraft if the Secretary determines that the objectives of
the agreement will: (1) serve a mutual interest of the parties to the
agreement in carrying out the programs administered by the Animal and
Plant Health Inspection Service, Wildlife Services; and (2) all parties
will contribute resources to the accomplishment of these objectives;
award of a cooperative agreement authorized by the Secretary may be
made for an initial term not to exceed 5 years.
Sec. 748. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 9010 of Public Law 107-
171 in excess of $60,000,000.
Sec. 749. Hereafter, agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to cover the
costs of preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment or
program activities arising within such agencies and offices.
Sec. 750. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in the current fiscal year
shall remain available until expended to cover obligations made in the
current fiscal year, and are not available for new obligations.
Sec. 751. There is hereby appropriated $1,500,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to
contaminate rural drinking water supplies.
Sec. 752. Notwithstanding any other provision of law--
(1)(A) the Alaska Department of Community and Economic
Development shall be eligible to receive a water and waste
disposal grant under section 306(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) in an amount that
is equal to not more than 75 percent of the total cost of
providing water and sewer service to the proposed hospital in
the Matanuska-Susitna Borough, Alaska; and
(B) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds through to
the local government entity that will provide water and sewer
service to the hospital;
(2) or any percentage of cost limitation in current law or
regulations, the construction projects known as the Tri-Valley
Community Center addition in Healy, Alaska; the Cold Climate
Housing Research Center in Fairbanks, Alaska; and the
University of Alaska-Fairbanks Allied Health Learning Center
skill labs/classrooms shall be eligible to receive Community
Facilities grants in amounts that are equal to not more than 75
percent of the total facility costs: Provided, That for the
purposes of this paragraph, the Cold Climate Housing Research
Center is designated an ``essential community facility'' for
rural Alaska;
(3) for any fiscal year and hereafter, in the case of a
high cost isolated rural area in Alaska that is not connected
to a road system, the maximum level for the single family
housing assistance shall be 150 percent of the median household
income level in the nonmetropolitan areas of the State and 115
percent of all other eligible areas of the State;
(4)(A) the Natural Resources Conservation Service shall
provide financial and technical assistance through the
Watershed and Flood Prevention Operations program to carry out
the East Locust Creek Watershed Plan Revision in Missouri; and
(B) the Natural Resources Conservation Service is
authorized to provide 100 percent of the engineering assistance
and 75 percent cost share for construction cost of the project;
and
(5) any former RUS borrower that has repaid or prepaid an
insured, direct or guaranteed loan under the Rural
Electrification Act, or any not-for-profit utility that is
eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under Section 313(b)(2)(B) of
such Act in the same manner as a borrower under such Act.
Sec. 753. Hereafter, notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the associated
regulations) governing the Community Facilities Program, the Secretary
may allow all Community Facility Program facility borrowers and
grantees to enter into contracts with not-for-profit third parties for
services consistent with the requirements of the Program, grant, and/or
loan: Provided, That the contracts protect the interests of the
Government regarding cost, liability, maintenance, and administrative
fees.
Sec. 754. Hereafter, notwithstanding any other provision of law,
the Secretary of Agriculture is authorized to make funding and other
assistance available through the emergency watershed protection program
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) to repair and prevent damage to non-Federal land in watersheds
that have been impaired by fires initiated by the Federal Government
and shall waive cost sharing requirements for the funding and
assistance.
Sec. 755. None of the funds provided in this Act may be used for
salaries and expenses to carry out any regulation or rule insofar as it
would make ineligible for enrollment in the conservation reserve
program established under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
land that is planted to hardwood trees as of the date of enactment of
this Act and was enrolled in the conservation reserve program under a
contract that expired prior to calendar year 2002.
Sec. 756. None of the funds made available under this Act shall be
available to pay the administrative expenses of a State agency that,
after the date of enactment of this Act, authorizes any new for-profit
vendor(s) to transact food instruments under the Special Supplemental
Nutrition Program for Women, Infants, and Children if it is expected
that more than 50 percent of the annual revenue of the vendor from the
sale of food items will be derived from the sale of supplemental foods
that are obtained with WIC food instruments, except that the Secretary
may approve the authorization of such a vendor if the approval is
necessary to assure participant access to program benefits.
Sec. 757. The Secretary of Agriculture may use any unobligated
carryover funds made available for any program administered by the
Rural Utilities Service (not including funds made available under the
heading ``Rural Community Advancement Program'' in any Act of
appropriation) to carry out section 315 of the Rural Electrification
Act of 1936 (7 U.S.C. 940e).
Sec. 758. There is hereby appropriated $1,000,000, to remain
available until expended, to carry out provisions of section 751 of
division A of Public Law 108-7.
Sec. 759. There is hereby appropriated $500,000 for a grant to
Alaska Village Initiatives for the purpose of administering a private
lands wildlife management program in Alaska.
Sec. 760. There is hereby appropriated $2,250,000, to remain
available until expended, for a grant to the Wisconsin Federation of
Cooperatives for pilot Wisconsin-Minnesota health care cooperative
purchasing alliances.
Sec. 761. Hereafter, notwithstanding any other provision of law,
effective with funds made available in fiscal year 2004 to States
administering the Child and Adult Care Food Program, for the purpose of
conducting audits of participating institutions, funds identified by
the Secretary as having been unused during the initial fiscal year of
availability may be recovered and reallocated by the Secretary:
Provided, That States may use the reallocated funds until expended for
the purpose of conducting audits of participating institutions.
Sec. 762. The Secretary of Agriculture is authorized and directed
to quitclaim to the City of Elkhart, Kansas, all rights, title and
interests of the United States in that tract of land comprising 151.7
acres, more or less, located in Morton County, Kansas, and more
specifically described in a deed dated March 11, 1958, from the United
States of America to the City of Elkhart, State of Kansas, and filed of
record April 4, 1958 at Book 34 at Page 520 in the office of the
Register of Deeds of Morton County, Kansas.
Sec. 763. There is hereby appropriated $5,000,000 to carry out the
Healthy Forests Reserve Program authorized under Title V of Public Law
108-148 (16 U.S.C. 6571-6578).
Sec. 764. None of the funds provided in this Act may be used for
salaries and expenses to draft or implement any regulation or rule
insofar as it would require recertification of rural status for each
electric and telecommunications borrower for the Rural Electrification
and Telecommunication Loans program.
Sec. 765. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Biomass Research and
Development Program in excess of $12,000,000, as authorized by Public
Law 106-224 (7 U.S.C. 7624 note).
Sec. 766. (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 of 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 (2).
(4) Period of extension.--Extensions under this section
shall in no case result in a final maturity greater than 55
years from the time of original disbursement and shall in no
case result in a final maturity greater than the useful life of
the plant.
(5) Number of extensions.--Extensions under this section
shall not be granted more than once per loan advance.
(c) Fees.--
(1) In general.--A borrower that receives an extension
under this section shall pay a fee to the Secretary which shall
be credited to the Rural Electrification and Telecommunications
Loans Program account. Such fees shall remain available without
fiscal year limitation to pay the modification costs for
extensions.
(2) Amount.--The amount of the fee paid shall be equal to
the modification cost, calculated in accordance with section
502 of the Federal Credit Reform Act of 1990, as amended, of
such extension.
(3) Payment.--The borrower shall pay the fee required under
this section at the time the existing guarantee is extended by
making a payment in the amount of the required fee.
Sec. 767. Notwithstanding any other provision of law, to provide
for consistent regulation of consumer contact lenses, no funds
appropriated in this or any other Act may be used in this and each
fiscal year hereafter for the approval for sale in the United States of
any contact lens produced by a manufacturer unless that manufacturer
certifies that it does not discriminate in the distribution of, or
restrict consumer access to, any contact lenses it produces, markets,
distributes, or sells, and makes any such lenses available in a
commercially reasonable and non-discriminatory manner directly to and
generally within all alternative channels of distribution: Provided,
That for the purposes of this section, the term ``alternative channels
of distribution'' means any mail order company, Internet retailer,
pharmacy, buying club, department store, mass merchandise outlet or
other distribution alternative without regard to whether it is
associated with a prescriber, and the term ``manufacturer'' means the
manufacturer and its parents, subsidiaries, affiliates, successors and
assigns.
Sec. 768. (a) In General.--Hereafter, the Secretary of Health and
Human Services, on behalf of the United States may, whenever the
Secretary deems desirable, relinquish to the State of Arkansas all or
part of the jurisdiction of the United States over the lands and
properties encompassing the Jefferson Labs campus in the State of
Arkansas that are under the supervision or control of the Secretary.
(b) Terms.--Relinquishment of jurisdiction under this section may
be accomplished, under terms and conditions that the Secretary deems
advisable,
(1) by filing with the Governor of the State of Arkansas a
notice of relinquishment to take effect upon acceptance
thereof; or
(2) as the laws of such State may otherwise provide.
(c) Definition.--In this section, the term ``Jefferson Labs
campus'' means the lands and properties of the National Center for
Toxicological Research and the Arkansas Regional Laboratory.
Sec. 769. Section 204(b)(3)(A) of the Child Nutrition and WIC
Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note) is
amended by striking ``July 1, 2006'' and inserting ``October 1, 2005''.
Sec. 770. (a) Section 18(f)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended--
(1) by striking ``April 2004'' and inserting ``June 2005'';
and
(2) in clause (ii), by striking ``66.67'' and inserting
``75''.
(b) The amendments made by subsection (a) take effect on January 1,
2006.
Sec. 771. There is hereby appropriated $1,250,000 to the National
Agricultural Imagery Program to acquire one meter natural color digital
ortho-imagery of the entire state of Utah.
Sec. 772. Notwithstanding any other provision of law, for
eligibility to participate in the Environmental Quality Incentives
Program (EQIP), a producer is deemed to have an interest in a farming
or ranching operation whether the source of income for that operation
is derived from crops or livestock owned by that producer, or owned by
another and raised by that producer.
Sec. 773. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank, except
in the event of liquidation or dissolution of the telephone bank during
fiscal year 2006, pursuant to section 411 of the Rural Electrification
Act of 1936, as amended, or to maintain any account or subaccount
within the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute: Provided,
That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available in this Act may be used to
transfer to the Treasury or to the Federal Financing Bank any
unobligated balance of the Rural Telephone Bank telephone liquidating
account which is in excess of current requirements and such balance
shall receive interest as set forth for financial accounts in section
505(c) of the Federal Credit Reform Act of 1990.
Sec. 774. There is hereby appropriated $2,000,000 to carry out
Section 120 of Public Law 108-265 in Utah and Wisconsin.
Sec. 775. There is hereby appropriated $700,000 to provide
administrative support for a world food hunger organization: Provided,
That none of the funds may be used for a monetary award to an
individual.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2006''.
Calendar No. 141
109th CONGRESS
1st Session
H.R. 2744
[Report No. 109-92]
_______________________________________________________________________
AN ACT
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2006, and for other purposes.
_______________________________________________________________________
June 9, 2005
Received; read twice and referred to the Committee on Appropriations
June 27, 2005
Reported with an amendment