[Congressional Record Volume 151, Number 116 (Thursday, September 15, 2005)]
[Senate]
[Pages S10080-S10103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2006
Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 2744, the Agriculture
appropriations bill. I further ask that the committee-reported
substitute be agreed to as the original text for purposes of further
amendment and that no points of order be waived by virtue of this
agreement.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2744) 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. The Senate proceeded to
consider the bill which had been reported from the Committee
on Appropriations, with an amendment.
(Strike the part shown in black brackets and insert the part shown in
italic.)
H.R. 2744
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2006, and for other purposes, namely:
[TITLE I
[AGRICULTURAL PROGRAMS
[Office of the Secretary
[For necessary expenses of the Office of the Secretary of
Agriculture, $5,127,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
[Executive Operations
[chief economist
[For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $10,539,000.
[National Appeals Division
[For necessary expenses of the National Appeals Division,
$14,524,000.
[Office of Budget and Program Analysis
[For necessary expenses of the Office of Budget and Program
Analysis, $8,298,000.
[Homeland Security Staff
[For necessary expenses of the Homeland Security Staff,
$934,000.
[Office of the Chief Information Officer
[For necessary expenses of the Office of the Chief
Information Officer, $16,462,000.
[Common Computing Environment
[For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service,
the Farm and Foreign Agricultural Service, and Rural
Development mission areas for information technology,
systems, and services,
[[Page S10081]]
$124,580,000 (reduced by $40,000,000) (reduced by $2,000,000)
(reduced by $855,000) (reduced by $21,000,000) to remain
available until expended, for the capital asset acquisition
of shared information technology systems, including services
as authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 1421-28:
Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center
Modernization Plan of the county-based agencies, and shall be
with the concurrence of the Department's Chief Information
Officer.
[Office of the Chief Financial Officer
[For necessary expenses of the Office of the Chief
Financial Officer, $5,874,000: Provided, That the Chief
Financial Officer shall actively market and expand cross-
servicing activities of the National Finance Center: Provided
further, That no funds made available by this appropriation
may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on
Appropriations of both Houses of Congress and the Committee
on Government Reform of the House of Representatives a report
on the Department's contracting out policies, including
agency budgets for contracting out.
[Office of the Assistant Secretary for Civil Rights
[For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $811,000.
[Office of Civil Rights
[For necessary expenses of the Office of Civil Rights,
$20,109,000.
[Office of the Assistant Secretary for Administration
[For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $676,000.
[Agriculture Buildings and Facilities and Rental Payments
[(including transfers of funds)
[For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $183,133,000, to
remain available until expended, as follows: for payments to
the General Services Administration and the Department of
Homeland Security for building security, $147,734,000, and
for buildings operations and maintenance, $35,399,000:
Provided, That amounts which are made available for space
rental and related costs for the Department of Agriculture in
this Act may be transferred between such appropriations to
cover the costs of additional, new, or replacement space 15
days after notice thereof is transmitted to the
Appropriations Committees of both Houses of Congress.
[Hazardous Materials Management
[(INCLUDING TRANSFERS OF FUNDS)
[For necessary expenses of the Department of Agriculture,
to comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,644,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
[Departmental Administration
[(INCLUDING TRANSFERS OF FUNDS)
[For Departmental Administration, $23,103,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558.
[Office of the Assistant Secretary for
Congressional Relations
[(INCLUDING TRANSFERS OF FUNDS)
[For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,821,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department
by this Act shall be available to the Department for support
of activities of congressional relations.
[Office of Communications
[For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for
the dissemination of agricultural information, and the
coordination of information, work, and programs authorized by
Congress in the Department, $9,509,000: Provided, That not to
exceed $2,000,000 may be used for farmers' bulletins.
[Office of the Inspector General
[For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector
General Act of 1978, $79,626,000, including such sums as may
be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978, and including
not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.
[Office of the General Counsel
[For necessary expenses of the Office of the General
Counsel, $38,439,000.
[Office of the Under Secretary for Research, Education and Economics
[For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics
Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service,
$598,000.
[Economic Research Service
[For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627)
and other laws, $75,931,000.
[National Agricultural Statistics Service
[For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C.
1621-1627 and 2204g, and other laws, $136,241,000, of which
up to $29,115,000 shall be available until expended for the
Census of Agriculture.
[AGRICULTURAL RESEARCH SERVICE
[Salaries and Expenses
[For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,035,475,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political sub-
division, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized
by law: Provided further, That the Secretary, through the
Agricultural Research Service, or successor, is authorized to
lease approximately 40 acres of land at the Central Plains
Experiment Station, Nunn, Colorado, to the Board of Governors
of the Colorado State University System, for its Shortgrass
Steppe Biological Field Station, on such terms and conditions
as the Secretary deems in the public interest: Provided
further, That the Secretary understands that it is the intent
of the University to construct research and educational
buildings on the subject acreage and to conduct agricultural
research and educational activities in these buildings:
Provided further, That as consideration for a lease, the
Secretary may accept the benefits of mutual cooperative
research
[[Page S10082]]
to be conducted by the Colorado State University and the
Government at the Shortgrass Steppe Biological Field Station:
Provided further, That the term of any lease shall be for no
more than 20 years, but a lease may be renewed at the option
of the Secretary on such terms and conditions as the
Secretary deems in the public interest.
[None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products.
[Buildings and Facilities
[For acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $87,300,000, to
remain available until expended.
[Cooperative State Research, Education, and Extension Service
[Research and Education Activities
[For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $661,691,000 (increased by $855,000), as
follows: to carry out the provisions of the Hatch Act of 1887
(7 U.S.C. 361a-i), $178,807,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $22,255,000;
for payments to the 1890 land-grant colleges, including
Tuskegee University and West Virginia State University (7
U.S.C. 3222), $37,704,000, of which $1,507,496 shall be made
available only for the purpose of ensuring that each
institution shall receive no less than $1,000,000; for
special grants for agricultural research (7 U.S.C. 450i(c)),
$92,064,000; for special grants for agricultural research on
improved pest control (7 U.S.C. 450i(c)), $15,038,000; for
competitive research grants (7 U.S.C. 450i(b)), $214,634,000;
for the support of animal health and disease programs (7
U.S.C. 3195), $5,057,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $1,187,000; for grants
for research pursuant to the Critical Agricultural Materials
Act (7 U.S.C. 178 et seq.), $1,102,000, to remain available
until expended; for the 1994 research grants program for 1994
institutions pursuant to section 536 of Public Law 103-382 (7
U.S.C. 301 note), $1,000,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333),
$1,000,000; for higher education graduate fellowship grants
(7 U.S.C. 3152(b)(6)), $4,500,000, to remain available until
expended (7 U.S.C. 2209b); for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,500,000; for a higher
education multicultural scholars program (7 U.S.C.
3152(b)(5)), $998,000, to remain available until expended (7
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $5,645,000 (increased
by $855,000); for noncompetitive grants for the purpose of
carrying out all provisions of 7 U.S.C. 3242 (section 759 of
Public Law 106-78) to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii,
with funds awarded equally to each of the States of Alaska
and Hawaii, $2,997,000; for a secondary agriculture education
program and 2-year post-secondary education (7 U.S.C.
3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
$3,968,000; for sustainable agriculture research and
education (7 U.S.C. 5811), $12,400,000; for a program of
capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7
U.S.C. 321-326 and 328), including Tuskegee University and
West Virginia State University, $12,312,000, to remain
available until expended (7 U.S.C. 2209b); for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103-382, $2,250,000; for resident instruction grants for
insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3363), $500,000; and for necessary expenses of
Research and Education Activities, $39,773,000, of which
$2,750,000 for the Research, Education, and Economics
Information System and $2,173,000 for the Electronic Grants
Information System, are to remain available until expended.
[None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.
[Native American Institutions Endowment Fund
[For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$12,000,000, to remain available until expended.
[Extension Activities
[For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern
Marianas, and American Samoa, $444,871,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $275,940,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$62,409,000; payments for the pest management program under
section 3(d) of the Act, $10,000,000; payments for the farm
safety program under section 3(d) of the Act, $4,563,000;
payments for New Technologies for Ag Extension under section
3(d) of the Act, $1,000,000; payments to upgrade research,
extension, and teaching facilities at the 1890 land-grant
colleges, including Tuskegee University and West Virginia
State University, as authorized by section 1447 of Public Law
95-113 (7 U.S.C. 3222b), $16,777,000, to remain available
until expended; payments for youth-at-risk programs under
section 3(d) of the Smith-Lever Act, $7,978,000; for youth
farm safety education and certification extension grants, to
be awarded competitively under section 3(d) of the Act,
$444,000; payments for carrying out the provisions of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et
seq.), $4,060,000; payments for Indian reservation agents
under section 3(d) of the Smith-Lever Act, $1,996,000;
payments for sustainable agriculture programs under section
3(d) of the Act, $4,067,000; payments for rural health and
safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $1,965,000; payments for
cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328)
and Tuskegee University and West Virginia State University,
$33,868,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall
receive no less than $1,000,000; and for necessary expenses
of Extension Activities, $16,531,000.
[Integrated Activities
[For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$15,513,000, as follows: for a competitive international
science and education grants program authorized under section
1459A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $1,000,000; for grants programs
authorized under section 2(c)(1)(B) of Public Law 89-106, as
amended, $1,000,000, to remain available until September 30,
2007 for the critical issues program, and $1,513,000 for the
regional rural development centers program; and $12,000,000
for the Food and Agriculture Defense Initiative authorized
under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available
until September 30, 2007.
[Outreach for Socially Disadvantaged Farmers
[For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $5,935,000 (increased by $1,875,000), to remain
available until expended.
[Office of the Under Secretary for Marketing and Regulatory Programs
[For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress
for the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $724,000.
[ANIMAL AND PLANT HEALTH INSPECTION SERVICE
[Salaries and Expenses
[(INCLUDING TRANSFERS OF FUNDS)
[For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $823,635,000 (increased by $18,885,000), of which
$4,140,000 shall be available for the control of outbreaks of
insects, plant diseases, animal diseases and for control of
pest animals and birds to the extent necessary to meet
emergency conditions; of which $38,634,000 shall be used for
the boll weevil eradication program for cost share purposes
or for debt retirement for active eradication zones; of which
$33,340,000 shall be available for a National Animal
Identification program: Provided, That no funds shall be used
to formulate or administer a brucellosis eradication program
for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed four, of which two shall be for replacement only:
Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry
of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal
[[Page S10083]]
year shall not exceed 10 percent of the current replacement
value of the building.
[In fiscal year 2006, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
[Buildings and Facilities
[For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $4,996,000, to remain available until expended.
[AGRICULTURAL MARKETING SERVICE
[Marketing Services
[For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, $78,032,000, including funds for the wholesale market
development program for the design and development of
wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
[Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
[LIMITATION ON ADMINISTRATIVE EXPENSES
[Not to exceed $65,667,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
[Funds for Strengthening Markets, Income, and Supply (Section 32)
[(INCLUDING TRANSFERS OF FUNDS)
[Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $16,055,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.
[Payments to States and Possessions
[For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,347,000.
[GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
[Salaries and Expenses
[For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, $38,400,000: Provided,
That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
[Limitation on Inspection and Weighing Services Expenses
[Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
[Office of the Under Secretary for Food Safety
[For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws
enacted by the Congress for the Food Safety and Inspection
Service, $590,000.
[FOOD SAFETY AND INSPECTION SERVICE
[Salaries and Expenses
[For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $837,264,000, of which no
less than $756,152,000 shall be available for Federal food
safety inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of
laboratory accreditation as authorized by section 1327 of the
Food, Agriculture, Conservation and Trade Act of 1990 (7
U.S.C. 138f): Provided, That of the total amount made
available under this heading, no less than $20,653,000 shall
be obligated for regulatory and scientific training: Provided
further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
[Office of the Under Secretary for Farm and Foreign Agricultural
Services
[For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $635,000.
[FARM SERVICE AGENCY
[Salaries and Expenses
[(INCLUDING TRANSFERS OF FUNDS)
[For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service Agency, $1,023,738,000: Provided, That the Secretary
is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other
funds made available to the Agency for authorized activities
may be advanced to and merged with this account.
[State Mediation Grants
[For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,250,000.
[Dairy Indemnity Program
[(INCLUDING TRANSFER OF FUNDS)
[For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain
available until expended: Provided, That such program is
carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
[Agricultural Credit Insurance Fund Program Account
[(INCLUDING TRANSFERS OF FUNDS)
[For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,600,000,000, of which $1,400,000,000 shall be for
guaranteed loans and $200,000,000 shall be for direct loans;
operating loans, $2,116,256,000, of which $1,200,000,000
shall be for unsubsidized guaranteed loans, $266,256,000
shall be for subsidized guaranteed loans and $650,000,000
shall be for direct loans; Indian tribe land acquisition
loans, $2,020,000; and for boll weevil eradication program
loans, $100,000,000: Provided, That the Secretary shall deem
the pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
[For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $16,960,000, of which $6,720,000 shall be for
guaranteed loans, and $10,240,000 shall be for direct loans;
operating loans, $134,317,000, of which $36,360,000 shall be
for unsubsidized guaranteed loans, $33,282,000 shall be for
subsidized guaranteed loans, and $64,675,000 shall be for
direct loans; and Indian tribe land acquisition loans,
$81,000.
[In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs,
$305,127,000, of which $297,127,000 shall be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
[Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on
Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.
[RISK MANAGEMENT AGENCY
[Administrative and Operating Expenses
[For administrative and operating expenses, as authorized
by section 226A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6933), $77,806,000:
Provided, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
[Corporations
[The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out
[[Page S10084]]
the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter
provided.
[Federal Crop Insurance Corporation Fund
[For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
[Commodity Credit Corporation Fund
[REIMBURSEMENT FOR NET REALIZED LOSSES
[For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
[HAZARDOUS WASTE MANAGEMENT
[(LIMITATION ON EXPENSES)
[For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
[TITLE II
[CONSERVATION PROGRAMS
[Office of the Under Secretary for Natural Resources and Environment
[For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$744,000.
[NATURAL RESOURCES CONSERVATION SERVICE
[Conservation Operations
[For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $793,640,000 (reduced by
$20,000,000), to remain available until March 31, 2007, of
which not less than $10,457,000 is for snow survey and water
forecasting, and not less than $10,547,000 is for operation
and establishment of the plant materials centers, and of
which not less than $27,312,000 shall be for the grazing
lands conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the
technical planning work of the Service.
[Watershed Surveys and Planning
[For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1009), $7,026,000.
[Watershed and Flood Prevention Operations
[For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $60,000,000, to remain
available until expended; of which up to $10,000,000 may be
available for the watersheds authorized under the Flood
Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided,
That not to exceed $25,000,000 of this appropriation shall be
available for technical assistance: Provided further, That
not to exceed $1,000,000 of this appropriation is available
to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as
contemplated by that Act to relocate endangered or threatened
species to other suitable habitats as may be necessary to
expedite project construction.
[Watershed Rehabilitation Program
[For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $27,000,000 (increased
by $20,000,000), to remain available until expended.
[Resource Conservation and Development
[For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and
32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011;
76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f);
and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $51,360,000, to remain available
until expended: Provided, That the Secretary shall enter into
a cooperative or contribution agreement, within 45 days of
enactment of this Act, with a national association regarding
a Resource Conservation and Development program and such
agreement shall contain the same matching, contribution
requirements, and funding level, set forth in a similar
cooperative or contribution agreement with a national
association in fiscal year 2002: Provided further, That not
to exceed $3,411,000 shall be available for national
headquarters activities.
[TITLE III
[RURAL DEVELOPMENT PROGRAMS
[Office of the Under Secretary for Rural Development
[For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service of the Department of Agriculture,
$627,000.
[Rural Community Advancement Program
[(including transfers of funds)
[For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and
1932, except for sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act, $657,389,000, to remain
available until expended, of which $38,006,000 shall be for
rural community programs described in section 381E(d)(1) of
such Act; of which $531,162,000 shall be for the rural
utilities programs described in sections 381E(d)(2),
306C(a)(2), and 306D of such Act, of which not to exceed
$500,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which
not to exceed $1,000,000 shall be available for the rural
utilities program described in section 306E of such Act; and
of which $88,221,000 shall be for the rural business and
cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act: Provided, That of the
total amount appropriated in this account, $24,000,000 shall
be for loans and grants to benefit Federally Recognized
Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such
Act, of which $4,000,000 shall be available for community
facilities grants to tribal colleges, as authorized by
section 306(a)(19) of the Consolidated Farm and Rural
Development Act, and of which $250,000 shall be available for
a grant to a qualified national organization to provide
technical assistance for rural transportation in order to
promote economic development: Provided further, That of the
amount appropriated for rural community programs, $6,200,000
shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than
funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development; $1,000,000 shall be
for grants to the Delta Regional Authority (7 U.S.C. 1921 et
seq.) for any purpose under this heading: Provided further,
That of the amount appropriated for rural utilities programs,
not to exceed $25,000,000 shall be for water and waste
disposal systems to benefit the Colonias along
[[Page S10085]]
the United States/Mexico border, including grants pursuant to
section 306C of such Act; not to exceed $17,500,000 shall be
for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless
the Secretary makes a determination of extreme need, of which
$5,600,000 shall be for Rural Community Assistance Programs;
and not to exceed $14,000,000 shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not
to exceed $21,367,000 shall be available through June 30,
2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones; of
which $1,067,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which
$12,000,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act, and of which
$8,300,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such
Act: Provided further, That any prior year balances for high
cost energy grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the ``Rural Utilities Service,
High Energy Costs Grants Account''.
[RURAL DEVELOPMENT
[Salaries and Expenses
[(including transfers of funds)
[For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $152,623,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional activities that support the Rural
Development mission area: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
[RURAL HOUSING SERVICE
[Rural Housing Insurance Fund Program Account
[(including transfers of funds)
[For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $4,821,832,000 for loans to
section 502 borrowers, as determined by the Secretary, of
which $1,140,799,000 shall be for direct loans, and of which
$3,681,033,000 shall be for unsubsidized guaranteed loans;
$35,969,000 for section 504 housing repair loans;
$100,000,000 for section 515 rental housing; $100,000,000 for
section 538 guaranteed multi-family housing loans; $5,000,000
for section 524 site loans; $11,500,000 for credit sales of
acquired property, of which up to $1,500,000 may be for
multi-family credit sales; and $5,048,000 for section 523
self-help housing land development loans.
[For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $170,837,000, of which $129,937,000 shall be for
direct loans, and of which $40,900,000, to remain available
until expended, shall be for unsubsidized guaranteed loans;
section 504 housing repair loans, $10,521,000; section 515
rental housing, $45,880,000; section 538 multi-family housing
guaranteed loans, $5,420,000; multi-family credit sales of
acquired property, $681,000; and section 523 self-help
housing and development loans, $52,000: Provided, That of the
total amount appropriated in this paragraph, $2,500,000 shall
be available through June 30, 2006, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
[In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs,
$455,242,000, which shall be transferred to and merged with
the appropriation for ``Rural Development, Salaries and
Expenses''.
[Rental Assistance Program
[For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $650,026,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, $5,900,000 shall be available for debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Act, and not to exceed $20,000
per project for advances to non-profit organizations or
public agencies to cover direct costs (other than purchase
price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during the current fiscal year shall
be funded for a four-year period: Provided further, That any
unexpended balances remaining at the end of such four-year
agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of
any existing projects; preservation; and rental assistance
activities authorized under title V of the Act.
[Mutual and Self-Help Housing Grants
[For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through
June 30, 2006, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones.
[Rural Housing Assistance Grants
[For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $41,000,000, to remain
available until expended: Provided, That of the total amount
appropriated, $1,200,000 shall be available through June 30,
2006, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
[Farm Labor Program Account
[For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $32,728,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
[RURAL BUSINESS-COOPERATIVE SERVICE
[Rural Development Loan Fund Program Account
[(INCLUDING TRANSFER OF FUNDS)
[For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$34,212,000.
[For the cost of direct loans, $14,718,000, as authorized
by the Rural Development Loan Fund (42 U.S.C. 9812(a)), of
which $1,724,000 shall be available through June 30, 2006,
for Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2006, for the
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total
amount appropriated, $887,000 shall be available through June
30, 2006, for the cost of direct loans for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
[In addition, for administrative expenses to carry out the
direct loan programs, $4,719,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
[Rural Economic Development Loans Program Account
[(Including Rescission of funds)
[For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $25,003,000.
[For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, $4,993,000, to remain
available until expended.
[Of the funds derived from interest on the cushion of
credit payments in the current fiscal year, as authorized by
section 313 of the Rural Electrification Act of 1936,
$18,877,000 shall not be obligated and $18,877,000 are
rescinded.
[Rural Cooperative Development Grants
[For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $24,000,000 (increased by
$40,000,000), of which $500,000 shall be for cooperative
research agreements; and of which $2,500,000 shall be for
cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to
exceed $1,000,000 shall be for cooperatives or associations
of cooperatives whose primary focus is to provide assistance
to small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority; and
of which not to exceed $15,500,000 (increased by
$40,000,000), to remain available until expended, shall be
for value-added agricultural product market development
grants, as authorized by section 6401 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
[Rural Empowerment Zones and Enterprise
[Community Grants
[For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $10,000,000, to
remain available until expended, for designated rural
empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-
[[Page S10086]]
277): Provided, That of the funds appropriated, $1,000,000
shall be made available to third round empowerment zones, as
authorized by the Community Renewal Tax Relief Act (Public
Law 106-554).
[Renewable Energy Program
[For the cost of a program of direct loans, loan
guarantees, and grants, under the same terms and conditions
as authorized by section 9006 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8106), $23,000,000 for
direct and guaranteed renewable energy loans and grants:
Provided, That the cost of direct loans and loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
[Rural Electrification and Telecommunications Loans Program Account
[(INCLUDING TRANSFER OF FUNDS)
[Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$100,000,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,100,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed under-writing loans
pursuant to section 313A, $1,000,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $424,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $125,000,000.
[For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $6,160,000, and the cost of telecommunications loans,
$212,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
[In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs,
$38,907,000 which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
[Rural Telephone Bank Program Account
[(including transfer of funds)
[The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs.
[For administrative expenses, including audits, necessary
to continue to service existing loans, $2,500,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
[Of the unobligated balances from the Rural Telephone Bank
Liquidating Account, $2,500,000 shall not be obligated and
$2,500,000 are rescinded.
[Distance Learning, Telemedicine, and Broadband Program
[For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount
of direct broadband telecommunication loans, $463,860,000.
[For the cost of direct loans and grants for telemedicine
and distance learning services in rural areas, as authorized
by 7 U.S.C. 950aaa et seq., $25,750,000, to remain available
until expended, of which $750,000 shall be for direct loans:
Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
[For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $9,973,000, to remain available until expended:
Provided, That the interest rate for such loans shall be the
cost of borrowing to the Department of the Treasury for
obligations of comparable maturity: Provided further, That
the cost of direct loans shall be as defined in section 502
of the Congressional Budget Act of 1974.
[In addition, $9,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
[TITLE IV
[DOMESTIC FOOD PROGRAMS
[Office of the Under Secretary for Food, Nutrition and Consumer
Services
[For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $599,000.
[FOOD AND NUTRITION SERVICE
[Child Nutrition Programs
[(including transfers of funds)
[For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $12,412,027,000, to remain
available through September 30, 2007, of which $7,224,406,000
is hereby appropriated and $5,187,621,000 shall be derived by
transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the
funds made available under this heading shall be used for
studies and evaluations: Provided further, That up to
$5,235,000 shall be available for independent verification of
school food service claims.
[Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)
[For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$5,257,000,000, to remain available through September 30,
2007: Provided, That of the total amount available, the
Secretary shall obligate not less than $15,000,000 for a
breastfeeding support initiative in addition to the
activities specified in section 17(h)(3)(A): Provided
further, That only the provisions of section 17(h)(10)(B)(i)
shall be effective in 2006; including $14,000,000 for the
purposes specified in section 17(h)(10)(B)(i): Provided
further, That none of the funds made available under this
heading shall be used for studies and evaluations: Provided
further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting
smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That on or after October 1, 2005,
or the date of enactment of this act, whichever is later, any
individual seeking certification or recertification for
benefits under the income eligibility provisions of section
17(d)(2)(iii) of the Child Nutrition Act of 1966 shall meet
such eligibility requirements only if the income, as
determined under title XIX of the Social Security Act, of the
individual or the family of which the individual is a member
is less than 250 percent of the applicable nonfarm income
poverty guideline: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.
[Food Stamp Program
[For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $40,711,395,000, of which
$3,000,000,000 to remain available through September 30,
2007, shall be placed in reserve for use only in such amounts
and at such times as may become necessary to carry out
program operations: Provided, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That funds provided herein
shall be expended in accordance with section 16 of the Food
Stamp Act: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as
may be required by law: Provided further, That funds made
available for Employment and Training under this heading
shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act: Provided further,
That notwithstanding section 5(d) of the Food Stamp Act of
1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United
States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of
the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it
was not received immediately prior to serving in the combat
zone.
[Commodity Assistance Program
[For necessary expenses to carry out disaster assistance
and the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance (in a form determined by the
Secretary of Agriculture) for the nuclear affected islands,
as authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$178,797,000, to remain available through September 30, 2007:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2006 to support the
Senior Farmers' Market Nutrition Program, as authorized by
section 4402 of Public Law 107-171, such funds shall remain
available through September 30, 2007.
[Nutrition Programs Administration
[For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$140,761,000.
[TITLE V
[FOREIGN AGRICULTURAL SERVICE
[Salaries and Expenses
[(INCLUDING TRANSFERS OF FUNDS)
[For necessary expenses of the Foreign Agricultural
Service, including carrying out title VI of the Agricultural
Act of 1954 (7 U.S.C. 1761-1768), market development
activities abroad, and for enabling the Secretary to
coordinate and integrate activities of the Department in
connection with foreign agricultural work, including not to
exceed $158,000 for representation allowances and for
[[Page S10087]]
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $148,224,000: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development.
[Public Law 480 Title I Direct Credit and Food for Progress Program
Account
[(INCLUDING TRANSFERS OF FUNDS)
[For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954,
and the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $65,040,000,
to remain available until expended.
[In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food
for Progress Act of 1985, to the extent funds appropriated
for Public Law 83-480 are utilized, $3,385,000, of which
$168,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $3,217,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
[Public Law 480 Title I Ocean Freight Differential Grants
[(INCLUDING TRANSFER OF FUNDS)
[For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the
Food for Progress Act of 1985, $11,940,000, to remain
available until expended: Provided, That funds made available
for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I
ocean freight differential may be used interchangeably
between the two accounts with prior notice to the Committees
on Appropriations of both Houses of Congress.
[Public Law 480 Title II Grants
[For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $1,107,094,000, to remain available until expended.
[Commodity Credit Corporation Export Loans Program Account
[(INCLUDING TRANSFERS OF FUNDS)
[For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $5,279,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,440,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $1,839,000 may
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
[McGovern-Dole International Food for Education and Child Nutrition
Program Grants
[For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $100,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.
[TITLE VI
[FOOD AND DRUG ADMINISTRATION
[Salaries and Expenses
[For necessary expenses of the Food and Drug
Administration, including hire and purchase of passenger
motor vehicles; for payment of space rental and related costs
pursuant to Public Law 92-313 for programs and activities of
the Food and Drug Administration which are included in this
Act; for rental of special purpose space in the District of
Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved
by the Secretary and to be accounted for solely on the
Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188;
$1,837,928,000: Provided, That of the amount provided under
this heading, $305,332,000 shall be derived from prescription
drug user fees authorized by 21 U.S.C. 379h, shall be
credited to this account and remain available until expended,
and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2007 but
collected in fiscal year 2006; $40,300,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j,
and shall be credited to this account and remain available
until expended; and $11,318,000 shall be derived from animal
drug user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug,
medical device, and animal drug assessments received during
fiscal year 2006, including any such fees assessed prior to
the current fiscal year but credited during the current year,
shall be subject to the fiscal year 2006 limitation: Provided
further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by
31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $444,095,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$519,814,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $178,713,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$99,787,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $243,939,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $41,152,000 shall be
for the National Center for Toxicological Research; (7)
$58,515,000 shall be for Rent and Related activities, of
which $21,974,000 is for White Oak Consolidation, other than
the amounts paid to the General Services Administration for
rent; (8) $134,853,000 shall be for payments to the General
Services Administration for rent; and (9) $117,060,000 shall
be for other activities, including the Office of the
Commissioner; the Office of Management; the Office of
External Relations; the Office of Policy and Planning; and
central services for these offices: Provided further, That of
the funds provided herein for other activities, $5,853,000
may not be obligated until the Commissioner or Acting
Commissioner has presented public testimony on the
President's 2006 budget request before the Committee on
Appropriations of the House of Representatives: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
[In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available
until expended.
[In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
[Buildings and Facilities
[For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $5,000,000 to remain available until
expended.
[INDEPENDENT AGENCIES
[Commodity Future Trading Commission
[For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $98,386,000, including not to exceed
$3,000 for official reception and representation expenses.
[FARM CREDIT ADMINISTRATION
[Limitation on Administrative Expenses
[Not to exceed $44,250,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.
[TITLE VII--GENERAL PROVISIONS
[(INCLUDING RESCISSION OF FUNDS)
[Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 320 passenger
motor vehicles, of which 320 shall be for replacement only,
and for the hire of such vehicles.
[Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
[Sec. 703. Funds appropriated by this Act shall be
available for employment pursuant to the second sentence of
section 706(a) of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.
[Sec. 704. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, up to $8,000,000
in the low pathogen avian influenza program for indemnities,
up to $1,500,000 in the scrapie program for indemnities, up
to $33,340,000 in animal health monitoring and surveillance
for the animal identification system, up to $3,009,000 in the
emergency management systems program for the vaccine bank, up
to $1,000,000 of the wildlife services operations program for
aviation safety, and up to 25 percent of the screwworm
program; Food Safety and Inspection Service, field automation
and information management project; Cooperative State
Research, Education, and Extension
[[Page S10088]]
Service, funds for competitive research grants (7 U.S.C.
450i(b)); Farm Service Agency, salaries and expenses funds
made available to county committees; Foreign Agricultural
Service, middle-income country training program, and up to
$1,565,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service.
[Sec. 705. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without the prior
approval of the Committees on Appropriations of both Houses
of Congress.
[Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall
be available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28,
1954 (7 U.S.C. 1766b).
[Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
[Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such
space will be jointly occupied.
[Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive
agricultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 20 percent of total Federal
funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education,
and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section
9 of the Small Business Act (15 U.S.C. 638).
[Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
[Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication
Loans program account, and the Rural Housing Insurance Fund
program account.
[Sec. 713. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
[Sec. 714. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat
Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry
Products Inspection Act (21 U.S.C. 471).
[Sec. 715. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment.
[Sec. 716. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
[Sec. 717. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without the prior
approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That none of the funds
available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior
to receipt of written approval by the Chief Information
Officer.
[Sec. 718. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which--
[(1) creates new programs;
[(2) eliminates a program, project, or activity;
[(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
[(4) relocates an office or employees;
[(5) reorganizes offices, programs, or activities; or
[(6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless
the Committees on Appropriations of both Houses of Congress
are notified 15 days in advance of such reprogramming of
funds.
[(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, which-ever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Committees on Appropriations
of both Houses of Congress are notified 15 days in advance of
such reprogramming of funds.
[(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing
a program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
[Sec. 719. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds
appropriated or otherwise made available by this or any other
Act may be used to pay the salaries and expenses of personnel
to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems
(7 U.S.C. 7621).
[Sec. 720. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2007
appropriations Act.
[Sec. 721. None of the funds made available by this or any
other Act may be used to close or relocate a State Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
[Sec. 722. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for
the purpose of providing Bill Emerson and Mickey Leland
Hunger Fellowships, through the Congressional Hunger Center.
[Sec. 723. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such
Act as of the date of enactment of this Act, and any
recoveries and reimbursements that become available to carry
out title III of such Act, may be used to carry out title II
of such Act.
[Sec. 724. Section 375(e)(6)(B) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is
amended by striking ``$27,998,000'' and inserting
``$28,498,000''.
[[Page S10089]]
[Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
[(1) agricultural commodities to--
[(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities; and
[(B) households in the communities, particularly
individuals caring for orphaned children; and
[(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities,
particularly individuals caring for orphaned children.
[Sec. 726. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance to the Kane County,
Illinois, Indian Creek Watershed Flood Prevention Project,
from funds available for the Watershed and Flood Prevention
Operations program, not to exceed $1,000,000 and Hickory
Creek Special Drainage District, Bureau County, Illinois, not
to exceed $50,000.
[Sec. 727. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this or
any other appropriation Act.
[Sec. 728. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 22
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
[Sec. 729. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
[Sec. 730. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
[Sec. 731. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices
in the resolution of complaints by employees or applicants
for employment, and in cases and other matters pending before
the Equal Employment Opportunity Commission, the Federal
Labor Relations Authority, or the Merit Systems Protection
Board with the prior approval of the Committees on
Appropriations of both Houses of Congress.
[Sec. 732. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107-171 (7 U.S.C. 2655).
[Sec. 733. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
[Sec. 734. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of
154,500 acres in the calendar year 2006 wetlands reserve
program as authorized by 16 U.S.C. 3837.
[Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel who carry out an
environmental quality incentives program authorized by
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) in excess of
$1,012,000,000 (increased by $40,000,000).
[Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $23,000,000
made available by section 9006(f) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
[Sec. 737. With the exception of funds provided in fiscal
year 2003, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $50,000,000
made available by section 601(j)(1)(A) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)).
[Sec. 738. None of the funds made available in fiscal year
2005 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be
used to reimburse the Commodity Credit Corporation for the
release of eligible commodities under section 302(f)(2)(A) of
the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):
Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to
section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian
Trust Act.
[Sec. 739. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $120,000,000
made available by section 6401(a) of Public Law 107-171.
[Sec. 740. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that Act,
the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not to
exceed an average of 30 basis points per year for the term of
the loan, to ensure that sufficient funds are available to
pay the subsidy costs for note guarantees under that section.
[Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a
Conservation Security Program authorized by 16 U.S.C. 3838 et
seq., in excess of $258,000,000 (reduced by $13,000,000).
[Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2502
of Public Law 107-171 in excess of $60,000,000 (reduced by
$17,000,000).
[Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2503
of Public Law 107-171 in excess of $83,500,000 (reduced by
$10,000,000).
[Sec. 744. With the exception of funds provided in fiscal
year 2005, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to carry out
section 6029 of Public Law 107-171.
[Sec. 745. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law
105-264.
[Sec. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a ground and
surface water conservation program authorized by section 2301
of Public Law 107-171 in excess of $51,000,000.
[Sec. 747. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant
Health Inspection Service published on July 8, 2003 (Docket
No. 02-062-1; 68 Fed. Reg. 40541).
[Sec. 748. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a
contract with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating
to rural development or farm loan programs.
[Sec. 749. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 9010
of Public Law 107-171 in excess of $60,000,000.
[Sec. 750. Agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to
cover the costs of preparing, or contracting for the
preparation of, final agency decisions regarding complaints
of discrimination in employment or program activities arising
within such agencies and offices.
[Sec. 751. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in fiscal
year 2006 shall remain available until expended to cover
obligations made in fiscal year 2006, and are not available
for new obligations.
[Sec. 752. None of the funds made available under this Act
shall be available to pay the administrative expenses of a
State agency that, after the date of enactment of this Act
and prior to implementation of interim final regulations
regarding vendor cost containment in accordance with the
provisions set forth in section 17(h)(11)(G) of the Child
Nutrition Act of 1966, authorizes any new for-profit
vendor(s) to transact food instruments under the Special
Supplemental Nutrition Program for Women, Infants, and
Children if it is expected that more than 50 percent of the
annual revenue of the vendor from the sale of food items will
be derived from the sale of supplemental foods that are
obtained with WIC food instruments, except that the Secretary
may approve the authorization of such a vendor if the
approval is necessary to assure participant access to program
benefits or is in accordance with the provisions set forth in
section 17(h)(11)(E) of the Child Nutrition Act of 1966.
[Sec. 753. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Ohio
Livestock Expo Center in Springfield, Ohio.
[Sec. 754. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out an
Agricultural Management Assistance Program as authorized by
section 524 of the Federal Crop Insurance Act in excess of
$6,000,000 (7 U.S.C. 1524).
[Sec. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a Biomass
Research and Development Program in excess of $12,000,000, as
authorized by Public Law 106-224 (7 U.S.C. 7624 note).
[Sec. 756. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Secretary of Agriculture
[[Page S10090]]
may sell the US Water Conservation Laboratory, Phoenix,
Arizona, and credit the net proceeds of such sale as
offsetting collections to its Agricultural Research Service
Buildings and Facilities account. Such funds shall be
available until September 30, 2007 to be used to replace
these facilities and to improve other USDA-owned facilities.
[Sec. 757. None of the funds provided in this Act may be
used for salaries and expenses to draft or implement any
regulation or rule insofar as it would require
recertification of rural status for each electric and
telecommunications borrower for the Rural Electrification and
Telecommunication Loans program.
[Sec. 758. None of the funds appropriated or otherwise made
available by this Act shall be used for the implementation of
Country of Origin Labeling for meat or meat products.
[Sec. 759. (a) Notwithstanding any other provision of law,
and until the receipt of the decennial Census in the year
2010, the Secretary of Agriculture shall consider--
[(1) the City of Bridgeton, New Jersey, the City of
Kinston, North Carolina, and the City of Portsmouth, Ohio as
rural areas for the purposes of Rural Housing Service
Community Facilities Program loans and grants;
[(2) the Township of Bloomington, Illinois (including
individuals and entities with projects within the Township)
eligible for Rural Housing Service Community Facilities
Programs loans and grants; and
[(3) the City of Lone Grove, Oklahoma (including
individuals and entities with projects within the city)
eligible for Rural Housing Service Community Facilities
Program loans and grants.
[Sec. 760. The Secretary of Agriculture shall use
$10,000,000 of the funds of the Commodity Credit Corporation,
to remain available until expended, to compensate commercial
citrus and lime growers in the State of Florida for tree
replacement and for lost production with respect to trees
removed to control citrus canker, and with respect to
certified citrus nursery stocks within the citrus canker
quarantine areas, as determined by the Secretary. For a
grower to receive assistance for a tree under this section,
the tree must have been removed after September 30, 2001.
[Sec. 761. The counties of Burlington and Camden, New
Jersey (including individuals and entities with projects
within these counties) shall be eligible for loans and grants
under the Rural Community Advancement Program for fiscal year
2006 to the same extent they were eligible for such
assistance during the fiscal year 2005 under section 106 of
Chapter 1 of Division B of Public Law 108-324 (188 Stat.
1236).
[Sec. 762. Of the unobligated balances available in the
Special Supplemental Nutrition Program for Women, Infants,
and Children reserve account, $32,000,000 is hereby
rescinded.
[Sec. 763. None of the funds provided by this Act shall be
used to pay salaries and expenses and other costs associated
with implementing or administering section 508(e)(3) of the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
2006 reinsurance year.
[Sec. 764. None of the funds appropriated or otherwise made
available by this Act for the Food and Drug Administration
may be used under section 801 of the Federal Food, Drug, and
Cosmetic Act to prevent an individual not in the business of
importing a prescription drug within the meaning of section
801(g) of such Act, wholesalers, or pharmacists from
importing a prescription drug which complies with sections
501, 502, and 505.
[Sec. 765. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
[Sec. 766. In addition to other amounts appropriated or
otherwise made available by this Act, there is hereby
appropriated to the Secretary of Agriculture $7,000,000, of
which not to exceed 5 percent may be available for
administrative expenses, to remain available until expended,
to make specialty crop block grants under section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 7 U.S.C. 1621 note).
[Sec. 767. It is the sense of Congress that the Secretary
of Agriculture should use the transfer authority provided by
section 442 of the Plant Protection Act (7 U.S.C. 7772) to
implement the strategic plan developed by the Animal and
Plant Health Inspection Service for the eradication of
Emerald Ash Borer in the States of Michigan, Ohio, and
Indiana.
[Sec. 768. None of the funds made available in this Act may
be used--
[(1) to grant a waiver of a financial conflict of interest
requirement pursuant to section 505(n)(4) of the Federal
Food, Drug, and Cosmetic Act for any voting member of an
advisory committee or panel of the Food and Drug
Administration; or
[(2) to make a certification under section 208(b)(3) of
title 18, United States Code, for any such voting member.
[Sec. 769. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel to
inspect horses under section 3 of the Federal Meat Inspection
Act (21 U.S.C. 603) or under the guidelines issued under
section 903 the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 1901 note; Public Law 104-127).
[Sec. 770. None of the funds made available by this Act to
the Secretary of Agriculture may be used, after December 31,
2005, to purchase chickens, including chicken products, under
the Richard B. Russell National School Lunch Act or the Child
Nutrition Act of 1966, unless the Secretary shall take into
account whether such purchases are in compliance with
standards relating to the wholesomeness of food for human
consumption, pursuant to section 14(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1762a(d)).
[This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2006''.]
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
[[Page S10091]]
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
[[Page S10092]]
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.
[[Page S10093]]
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
[[Page S10094]]
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,
[[Page S10095]]
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
[[Page S10096]]
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
[[Page S10097]]
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''.
Mc Govern-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
[[Page S10098]]
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
[[Page S10099]]
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.
[[Page S10100]]
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''.
The PRESIDING OFFICER. The Senator from Utah.
Mr. BENNETT. Mr. President, I ask unanimous consent that all after
the enacting clause be stricken; that the text of H.R. 2744, Calendar
No. 141, the Senate committee-reported bill, be inserted in lieu
thereof, considered as original text for the purpose of further
amendments, and that no points of order be waived by reason of this
agreement.
The PRESIDING OFFICER. That order has been entered.
Mr. BENNETT. Mr. President, I am pleased to bring before the Senate
for myself and the ranking member of the subcommittee, Senator Kohl,
the fiscal year 2006 appropriations bill for Agriculture, Rural
Development and related agencies. This bill contains the funding for
the Department of Agriculture, the Food and Drug Administration, and
the Commodity Futures Trading Commission. It also sets a limitation on
the funding for the Farm Credit Administration, although no
appropriated funds are provided for that agency.
The bill is at our 302(B) budget authority allocation of $17.348
billion, and it is within our outlay allocation of $18.816 billion. It
is the product of more than 7 months' examination of the
administration's budget proposal and
[[Page S10101]]
many requests from Senators and other stakeholders. It was approved
unanimously by the subcommittee and the full committee and is the
product of a completely bipartisan effort with contributions from
Senators on both sides of the aisle.
Since I have been the chairman of this subcommittee, I have had the
pleasure of working with Senator Kohl and his excellent staff and have
learned a great deal from that experience. For the record, I thank them
for the excellent and professional way in which they have helped us
craft this bill. This is truly a bipartisan effort. There has been a
minimum of difficulty and bickering. This is a tribute to Senator Kohl
and the staff he has assembled on his side, as well as the staff that
made themselves available to me. I express my gratitude to him and to
all of the staffers involved; also, the members of the subcommittee and
the full committee who have cooperated with us in producing the
unanimous report at both levels.
We commonly refer to this as simply the ``Ag appropriations bill,''
but it has a much wider impact on American citizens than just
agriculture. The largest portion of the funding in this bill, whether
discretionary or mandatory, goes to nutrition and feeding programs for
mothers and children both in low-income groups and in senior citizens.
We often think of the Agriculture appropriations bill entirely in terms
of farmers, so I wish to make the point that this bill funds the
feeding and nutrition program for those I have described.
It is also a consumer protection bill for food, drugs, and medical
devices. It is an export promotion bill for our farmers and food
manufacturers. It is a conservation and natural resources bill, and it
is a bill to promote the economic development of rural America.
The budget authority allocation is $516 million more than last year's
level, which sounds good if one is looking for more spending. Last
year, we had a $406 million one-time saving that is not available this
year. So when one nets those two numbers out, this bill is virtually
identical to the previous allocation.
Also, we should note that the administration budget proposes $177
million in user fees contingent on authorization, which was sent to the
authorizing committee only 3 weeks ago and has not been considered. So
those user fees also reduce the total amount of the bill. That is why I
say in general terms, this bill is level funding of the previous year.
I should point out that the previous year was below the year before
that. So at least as far as this subcommittee of the Appropriations
Committee is concerned, we are not expanding the Federal budget or
adding to the deficit by increasing every year. We are either going
down or, at best, holding steady.
We do thank Chairman Cochran for the allocation that gives us the
$516 million more than that I talked about. Because of the other
factors I have described, it is absolutely essential to keep us
effectively holding steady.
At this time when we are concerned about homeland security, I will
outline the homeland security increases that are in this bill. There is
$10 million for the National Agricultural Pest Information Systems;
provides $166.5 million for food defense activities at FDA. This is an
increase of $16.6 million over fiscal year 2005. In addition, the
committee continues to fund FDA counterterrorism activities related to
medical product countermeasures at $57.2 million.
We provide $13 million for the Food Emergency Response Network in
USDA and FDA to integrate the Nation's food testing laboratories for
the detection of threat agents in food at the local, State, and Federal
levels. We fund the completion of the National Animal Disease Center.
Those are the increases in the funding levels for terrorism.
Food safety, we have an increase of $36.2 million, and this includes
full funding for food inspection, BSE surveillance--BSE is the more
appropriate name for what the press calls mad cow disease--as well as
humane slaughter. As far as animal health programs are concerned, we
provide full funding for BSE surveillance and an increase for the
detection of low pathogenic avian influenza.
In the area of the research and education program, there is $1.167
billion to support research, education, and extension activities at
America's land grant colleges and universities. We have learned that is
the backbone of research in agriculture, and that is why we continue to
fund that particular area. We also fund 1890 institutions--those are
the historically Black land grant colleges--as well as tribal colleges
and schools of forestry.
There is approximately $1.1 billion for the Agricultural Research
Service, adding money for research in animal diseases, human nutrition,
and food safety. Then there is $59 million to complete funding for the
National Animal Disease Center located in Ames, IA. This is a project
that we have been involved in for some years, and with this
appropriation it will finally be completed.
For the farm assistance programs, there is $3.7 billion for farm
loans; conservation programs, $963 million for conservation and
watershed activities; and in the area of rural development, we have
$454 million for water and waste water grants; $5 billion for low-
income housing; over $1 billion in loans and grants for small rural
businesses; $6.2 billion for rural electrification and
telecommunications loans; and $550 million for broadband loans.
In the area of domestic food programs, WIC funding, Women and Infant
Children, $5.257 billion; and for food stamps, $40.7 billion. These are
very large numbers. This is the area I spoke of earlier where the bulk
of the appropriations go, and for those who are concerned about these
areas of nutrition for people in need, both funding levels provided
will meet the expected caseload.
Foreign assistance, we have $147.868 million; PL-480 title II funds,
$1.150 billion; and the McGovern-Dole program, $100 million.
Now let us turn for just a moment to the Food and Drug
Administration: FDA, $1.841 billion; the medical device review is
getting $7.8 million above fiscal year 2005; counterterrorism food
safety, $16.6 million above fiscal year 2005; and drug safety, $5
million above fiscal year 2005.
With respect to the limitations on mandatory programs where we have
looked for savings, we have two goals: one, to do no serious harm and,
No. 2, in whatever limitations are there, that they be fair. We believe
we have met both of those goals.
This was the work of the subcommittee and the full committee in the
normal course of events, and then, of course, Katrina came along. So I
think it is appropriate that we make some comments about what may or
may not be in this bill with respect to the hurricane disaster in the
southern part of the United States.
This bill does not have provisions directly tied to that disaster,
having been written before the disaster came along, but it does provide
much of the resources USDA will need to help the victims of that
disaster, resources that were built into the normal course of events.
There is money for food stamps, WIC, and food safety, as I have
described. There is conservation recovery and rural housing, as I have
described. Many of the people who were hurt, particularly I believe in
Mississippi, are going to be facing rural housing challenges. USDA can
continue its very commendable efforts to assist those in need with the
existing authorities as it has with the funds provided in this bill.
The States affected by Hurricane Katrina are all major beneficiaries
of these programs. For that reason, I urge my colleagues to help us get
this bill passed by the Senate as soon as possible. We should not deal
with all of Katrina with supplemental funds when there are funds in the
pipeline in the normal fashion that can be of assistance.
We have had a number of requests from Senators on both sides of the
aisle regarding matters that came up after this bill was passed by the
Appropriations Committee back in June. I and my staff and Senator Kohl
and his staff are working on a managers' amendment to address these
requests, and I will be offering that amendment later during the
consideration of this bill.
I appreciate the attention of the Senate to this outline of where we
are.
Amendment No. 1726
I send an amendment to the desk on behalf of myself and Senator Kohl.
[[Page S10102]]
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Utah [Mr. Bennett], for himself and Mr.
Kohl, proposes an amendment numbered 1726.
Mr. BENNETT. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 154, line 20, after ``Iowa,'', insert the
following:
``the Steeple Run and West Branch DuPage River Watershed
projects in DuPage County, Illinois,''
On page 167, line 22, strike ``(a)'' through and including
``required fee.'' on page 170, line 11, and insert the
following:
``The Rural Electrification Act of 1936 is amended by
inserting after section 315 (7 U.S.C. 940e) the following:
``SEC. 316. EXTENSION OF PERIOD OF EXISTING GUARANTEE.
``(a) In General.--Subject to the limitations in this
section and the provisions of the Federal Credit Reform Act
of 1990, as amended, a borrower of a loan made by the Federal
Financing Bank and guaranteed under this Act may request an
extension of the final maturity of the outstanding principal
balance of such loan or any loan advance thereunder. If the
Secretary and the Federal Financing Bank approve such an
extension, then the period of the existing guarantee shall
also be considered extended.
``(b) Limitations.--
``(1) Feasibility and Security.--Extensions under this
section shall not be made unless the Secretary first finds
and certifies that, after giving effect to the extension, in
his judgment the security for all loans to the borrower made
or guaranteed under this Act is reasonably adequate and that
all such loans will be repaid within the time agreed.
``(2) Extension of Useful Life 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 paragraph (2).
``(4) Period of Extension.--Extensions under this section
shall in no case result in a final maturity greater than 55
years from the time of original disbursement and shall in no
case result in a final maturity greater than the useful life
of the plant.
``(5) Number of Extensions.--Extensions under this section
shall not be granted more than once per loan advance.
``(c) Fees.--
``(1) In General.--A borrower that receives an extension
under this section shall pay a fee to the Secretary which
shall be credited to the Rural Electrification and
Telecommunications Loans Program account. Such fees shall
remain available without fiscal year limitation to pay the
modification costs for extensions.
``(2) Amount.--The amount of the fee paid shall be equal to
the modification cost, calculated in accordance with section
502 of the Federal Credit Reform Act of 1990, as amended, of
such extension.
``(3) Payment.--The borrower shall pay the fee required
under this section at the time the existing guarantee is
extended by making a payment in the amount of the required
fee.''.
Mr. BENNETT. I am happy to yield to my ranking member, good friend,
and full partner, Senator Kohl.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. KOHL. Mr. President, I rise today in support of the fiscal year
2006 appropriations bill for Agriculture, Rural Development, and
Related Agencies. This year, the Agriculture Subcommittee received a
budget allocation of $17.3 billion, the first budget increase in
several years. Along with our increased allocation, however, came
increased spending requirements and critical priorities that, in the
end, left us with essentially the same funding level as last year.
Thanks in no small part to the hard work of Senator Bennett and his
staff, I believe we have put together a bill that all Senators should
be able to support without hesitation.
Before I discuss the bill at hand, however, I believe we would be
remiss to not express our deepest sympathies to all of those affected
by Hurricane Katrina. It seems almost unfair to plan for a year ahead,
knowing there are people still trying to figure out their next hours
and days. We are aware that so much remains to be done to help these
people, and while we do not include funding for specific items related
to that disaster in this bill, we are working with USDA to ensure that
immediate help in the form of food and housing is being provided, and
will work to make sure that when a disaster supplemental is passed, all
possible help that can be provided by the USDA and FDA will most
certainly be included.
In the bill at hand, however, here are a few of the highlights.
With the recent discovery--the first of its kinds--of BSE resulting
from a cow born in the United States, it is important to note that this
bill fully funds the President's request for all mad cow disease
prevention and detection activities within the Animal and Plant Health
Inspection Service, the Food Safety and Inspection Service, and the
Food and Drug Administration. This will allow USDA and FDA to continue
enhanced inspections of cattle, and to work to ensure the continued
prevention of BSE in this country.
Not to diminish the other important work of keeping our food and drug
supply safe done by those agencies, I would like to point out that the
Food Safety and Inspection Service received an increase of nearly $20
million above last year's level, which will provide for 7,690 food
safety inspectors. The Food and Drug Administration received an
increase of nearly $35 million, including nearly $17 million for
counterterrorism activities, nearly $8 million for increased medical
device review, and $5 million for increased drug safety activities.
The importance of the conservation and watershed programs cannot be
overstated, especially in light of recent events. This bill provides
$963 million for the Natural Resources Conservation Service; $820
million for conservation operations, $5 million for watershed surveys
and planning; $60 million for watershed and flood prevention programs;
$27 million for the watershed rehabilitation program, and $51 million
for resource conservation and development.
In rural development, the bill provides adequate funding for programs
to meet priority needs for rural communities including business
development, water and waste assistance, affordable rural housing,
electric, telephone and broadband connections, and essential community
facilities. The bill also provides a safety net to preserve rural
multi-family housing and prevent low-income rural residents from being
displaced from Government financed rental housing projects due to
recent market and legal developments.
For the WIC Program, the bill provides $5.25 billion, an increase of
nearly $22 million from last year's level. Although this amount is less
than what the administration originally requested, changes in
participation and food cost estimates allowed these savings, and the
amount provided ensures full access to this program using the most up-
to-date estimates. This funding level is supported by the
administration, as well as noted hunger advocacy groups, all of whom
have worked with the committee in determining the proper and adequate
WIC funding level. This amount includes a contingency reserve of $125
million, $20 million for improved computer systems, and $15 million for
breastfeeding support activities. Further, we did not include the
President's proposals to limit Medicaid eligibility restrictions, nor
lower the cap on nutrition services administrative funding. All other
nutrition programs were funded at or above the President's request
level, including $40.7 billion for food stamps, $12.4 billion for child
nutrition programs, nearly $109 million for the Commodity Supplemental
Food Program, and $140,000,000 for The Emergency Food Assistance
Program.
This bill also does not neglect our responsibilities to help other
countries. The Foreign Agricultural Service received an increase of $11
million this year. The PL-480 program, which supplies U.S. commodities
to fight hunger in other countries, is funded at $1.15 billion, and the
committee did not accept the administration's proposal to shift some of
these funds to USAID.
[[Page S10103]]
The McGovern-Dole program, which provides food for impoverished
schoolchildren in other countries, receives $100 million.
Overall, as I have previously stated, we were able to do everything
that everyone wanted us to do. However, I think that Senator Bennett
has done a good job in making sure that this bill addresses the most
important needs that we have. I would like to thank him again, as well
as Jon Ziolkowski, Fitz Elder, Hunter Moorhead, Dianne Preece, and
Stacy McBride on his staff for their hard work and dedication. They
exhibited professionalism and a strong work ethic throughout this
entire process, and worked seamlessly with my staff, for which I am
also thankful.
I strongly support this bill, and I encourage all Senators to vote in
favor of it.
I look forward to debating and passing this bill on the Senate floor
and moving one step further toward providing USDA and FDA funds for
fiscal year 2006 in the regular order. I encourage all Senators with
amendments to this bill to file them early and to work with Senator
Bennett and myself and our staffs to deal with any and all amendments
that come up.
I yield the floor.
Mr. BENNETT. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BENNETT. Mr. President, I ask further proceedings under the
quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________