In the Senate of the United States,

September 22, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2744) entitled ‘‘An Act making appropriations for

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for Ag3 riculture, Rural Development, Food and Drug Administra4 tion, and Related Agencies programs for the fiscal year end5 ing September 30, 2006, and for other purposes, namely:
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HR 2744 EAS

1 TITLE I

2 AGRICULTURAL PROGRAMS

3 PRODUCTION, PROCESSING AND MARKETING

4 OFFICE OF THE SECRETARY

5 For necessary expenses of the Office of the Secretary

6 of Agriculture, $5,127,000: Provided, That not to exceed

7 $11,000 of this amount shall be available for official recep8 tion and representation expenses, not otherwise provided

9 for, as determined by the Secretary.

10 EXECUTIVE OPERATIONS

11 CHIEF ECONOMIST

12 For necessary expenses of the Chief Economist, includ13 ing economic analysis, risk assessment, cost-benefit anal14 ysis, energy and new uses, and the functions of the World

15 Agricultural Outlook Board, as authorized by the Agricul16 tural Marketing Act of 1946 (7 U.S.C. 1622g), $10,539,000.

17 NATIONAL APPEALS DIVISION

18 For necessary expenses of the National Appeals Divi19 sion, $14,524,000.

20 OFFICE OF BUDGET AND PROGRAM ANALYSIS

21 For necessary expenses of the Office of Budget and Pro22 gram Analysis, $8,298,000.

23 HOMELAND SECURITY STAFF

24 For necessary expenses of the Homeland Security

25 Staff, $1,166,000.
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1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief Infor3 mation Officer, $16,726,000.

4 COMMON COMPUTING ENVIRONMENT

5 For necessary expenses to acquire a Common Com6 puting Environment for the Natural Resources Conserva7 tion Service, the Farm and Foreign Agricultural Service,

8 and Rural Development mission areas for information tech9 nology, systems, and services, $118,072,000, to remain

10 available until expended, for the capital asset acquisition

11 of shared information technology systems, including services

12 as authorized by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–

13 28: Provided, That obligation of these funds shall be con14 sistent with the Department of Agriculture Service Center

15 Modernization Plan of the county-based agencies, and shall

16 be with the concurrence of the Department’s Chief Informa17 tion Officer.

18 OFFICE OF THE CHIEF FINANCIAL OFFICER

19 For necessary expenses of the Office of the Chief Finan20 cial Officer, $5,874,000: Provided, That the Chief Financial

21 Officer shall actively market and expand cross-servicing ac22 tivities of the National Finance Center: Provided further,

23 That no funds made available by this appropriation may

24 be obligated for FAIR Act or Circular A–76 activities until

25 the Secretary has submitted to the Committees on Appro-
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HR 2744 EAS

1 priations of both Houses of Congress and the Committee on

2 Government Reform of the House of Representatives a re3 port on the Department’s contracting out policies, including

4 agency budgets for contracting out.

5 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

6 RIGHTS

7 For necessary salaries and expenses of the Office of the

8 Assistant Secretary for Civil Rights, $821,000.

9 OFFICE OF CIVIL RIGHTS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Office of Civil Rights,

12 $20,109,000.

13 OFFICE OF THE ASSISTANT SECRETARY FOR

14 ADMINISTRATION

15 For necessary salaries and expenses of the Office of the

16 Assistant Secretary for Administration, $676,000.

17 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

18 PAYMENTS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For payment of space rental and related costs pursu21 ant to Public Law 92–313, including authorities pursuant

22 to the 1984 delegation of authority from the Administrator

23 of General Services to the Department of Agriculture under

24 40 U.S.C. 486, for programs and activities of the Depart25 ment which are included in this Act, and for alterations
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HR 2744 EAS

1 and other actions needed for the Department and its agen2 cies to consolidate unneeded space into configurations suit3 able for release to the Administrator of General Services,

4 and for the operation, maintenance, improvement, and re5 pair of Agriculture buildings and facilities, and for related

6 costs, $187,734,000, to remain available until expended, as

7 follows: for payments to the General Services Administra8 tion and the Department of Homeland Security for build9 ing security, $147,734,000, and for buildings operations

10 and maintenance, $40,000,000: Provided, That amounts

11 which are made available for space rental and related costs

12 for the Department of Agriculture in this Act may be trans13 ferred between such appropriations to cover the costs of ad14 ditional, new, or replacement space 15 days after notice

15 thereof is transmitted to the Appropriations Committees of

16 both Houses of Congress.

17 HAZARDOUS MATERIALS MANAGEMENT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of the Department of Agri20 culture, to comply with the Comprehensive Environmental

21 Response, Compensation, and Liability Act (42 U.S.C.

22 9601 et seq.) and the Resource Conservation and Recovery

23 Act (42 U.S.C. 6901 et seq.), $12,000,000, to remain avail24 able until expended: Provided, That appropriations and

25 funds available herein to the Department for Hazardous
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HR 2744 EAS

1 Materials Management may be transferred to any agency

2 of the Department for its use in meeting all requirements

3 pursuant to the above Acts on Federal and non-Federal

4 lands.

5 DEPARTMENTAL ADMINISTRATION

6 (INCLUDING TRANSFERS OF FUNDS)

7 For Departmental Administration, $23,103,000, to

8 provide for necessary expenses for management support

9 services to offices of the Department and for general admin10 istration, security, repairs and alterations, and other mis11 cellaneous supplies and expenses not otherwise provided for

12 and necessary for the practical and efficient work of the

13 Department: Provided, That this appropriation shall be re14 imbursed from applicable appropriations in this Act for

15 travel expenses incident to the holding of hearings as re16 quired by 5 U.S.C. 551–558.

17 OFFICE OF THE ASSISTANT SECRETARY FOR

18 CONGRESSIONAL RELATIONS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary salaries and expenses of the Office of the

21 Assistant Secretary for Congressional Relations to carry out

22 the programs funded by this Act, including programs in23 volving intergovernmental affairs and liaison within the ex24 ecutive branch, $3,846,000: Provided, That these funds may

25 be transferred to agencies of the Department of Agriculture
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HR 2744 EAS

1 funded by this Act to maintain personnel at the agency

2 level: Provided further, That no funds made available by

3 this appropriation may be obligated after 30 days from the

4 date of enactment of this Act, unless the Secretary has noti5 fied the Committees on Appropriations of both Houses of

6 Congress on the allocation of these funds by USDA agency:

7 Provided further, That no other funds appropriated to the

8 Department by this Act shall be available to the Depart9 ment for support of activities of congressional relations.

10 OFFICE OF COMMUNICATIONS

11 For necessary expenses to carry out services relating

12 to the coordination of programs involving public affairs,

13 for the dissemination of agricultural information, and the

14 coordination of information, work, and programs author15 ized by Congress in the Department, $9,509,000: Provided,

16 That not to exceed $2,000,000 may be used for farmers’ bul17 letins.

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General, including employment pursuant to the Inspector

21 General Act of 1978, $81,045,000, including such sums as

22 may be necessary for contracting and other arrangements

23 with public agencies and private persons pursuant to sec24 tion 6(a)(9) of the Inspector General Act of 1978, and in25 cluding not to exceed $125,000 for certain confidential oper-
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HR 2744 EAS

1 ational expenses, including the payment of informants, to

2 be expended under the direction of the Inspector General

3 pursuant to Public Law 95–452 and section 1337 of Public

4 Law 97–98.

5 OFFICE OF THE GENERAL COUNSEL

6 For necessary expenses of the Office of the General

7 Counsel, $40,263,000.

8 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

9 EDUCATION AND ECONOMICS

10 For necessary salaries and expenses of the Office of the

11 Under Secretary for Research, Education and Economics

12 to administer the laws enacted by the Congress for the Eco13 nomic Research Service, the National Agricultural Statis14 tics Service, the Agricultural Research Service, and the Co15 operative State Research, Education, and Extension Serv16 ice, $598,000.

17 ECONOMIC RESEARCH SERVICE

18 For necessary expenses of the Economic Research Serv19 ice in conducting economic research and analysis, as au20 thorized by the Agricultural Marketing Act of 1946 (7

21 U.S.C. 1621–1627) and other laws, $78,549,000.

22 NATIONAL AGRICULTURAL STATISTICS SERVICE

23 For necessary expenses of the National Agricultural

24 Statistics Service in conducting statistical reporting and

25 service work, including crop and livestock estimates, statis-
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1 tical coordination and improvements, marketing surveys,

2 and the Census of Agriculture, as authorized by 7 U.S.C.

3 1621–1627 and 2204g, and other laws, $145,159,000, of

4 which up to $29,115,000 shall be available until expended

5 for the Census of Agriculture.

6 AGRICULTURAL RESEARCH SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses to enable the Agricultural Re9 search Service to perform agricultural research and dem10 onstration relating to production, utilization, marketing,

11 and distribution (not otherwise provided for); home econom12 ics or nutrition and consumer use including the acquisition,

13 preservation, and dissemination of agricultural informa14 tion; and for acquisition of lands by donation, exchange,

15 or purchase at a nominal cost not to exceed $100, and for

16 land exchanges where the lands exchanged shall be of equal

17 value or shall be equalized by a payment of money to the

18 grantor which shall not exceed 25 percent of the total value

19 of the land or interests transferred out of Federal ownership,

20 $1,109,981,000: Provided, That appropriations hereunder

21 shall be available for the operation and maintenance of air22 craft and the purchase of not to exceed one for replacement

23 only: Provided further, That appropriations hereunder shall

24 be available pursuant to 7 U.S.C. 2250 for the construction,

25 alteration, and repair of buildings and improvements, but
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HR 2744 EAS

1 unless otherwise provided, the cost of constructing any one

2 building shall not exceed $375,000, except for headhouses

3 or greenhouses which shall each be limited to $1,200,000,

4 and except for 10 buildings to be constructed or improved

5 at a cost not to exceed $750,000 each, and the cost of alter6 ing any one building during the fiscal year shall not exceed

7 10 percent of the current replacement value of the building

8 or $375,000, whichever is greater: Provided further, That

9 the limitations on alterations contained in this Act shall

10 not apply to modernization or replacement of existing fa11 cilities at Beltsville, Maryland: Provided further, That ap12 propriations hereunder shall be available for granting ease13 ments at the Beltsville Agricultural Research Center: Pro14 vided further, That the foregoing limitations shall not apply

15 to replacement of buildings needed to carry out the Act of

16 April 24, 1948 (21 U.S.C. 113a): Provided further, That

17 the foregoing limitations shall not apply to the purchase

18 of land at Florence, South Carolina: Provided further, That

19 funds may be received from any State, other political sub20 division, organization, or individual for the purpose of es21 tablishing or operating any research facility or research

22 project of the Agricultural Research Service, as authorized

23 by law: Provided further, That the Secretary, through the

24 Agricultural Research Service, or successor, may lease ap25 proximately 40 acres of land at the Central Plains Experi-
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HR 2744 EAS

1 ment Station, Nunn, Colorado, to the Board of Governors

2 of the Colorado State University System, for its Shortgrass

3 Steppe Biological Field Station, on such terms and condi4 tions as the Secretary deems in the public interest: Provided

5 further, That the Secretary understands that it is the intent

6 of the University to construct research and educational

7 buildings on the subject acreage and to conduct agricultural

8 research and educational activities in these buildings: Pro9 vided further, That as consideration for a lease, the Sec10 retary may accept the benefits of mutual cooperative re11 search to be conducted by the Colorado State University and

12 the Government at the Shortgrass Steppe Biological Field

13 Station: Provided further, That the term of any lease shall

14 be for no more than 20 years, but a lease may be renewed

15 at the option of the Secretary on such terms and conditions

16 as the Secretary deems in the public interest: Provided fur17 ther, That the Agricultural Research Service may convey

18 all rights and title of the United States, to a parcel of land

19 comprising 19 acres, more or less, located in Section 2,

20 Township 18 North, Range 14 East in Oktibbeha County,

21 Mississippi, originally conveyed by the Board of Trustees

22 of the Institution of Higher Learning of the State of Mis23 sissippi, and described in instruments recorded in Deed

24 Book 306 at pages 553–554, Deed Book 319 at page 219,

25 and Deed Book 33 at page 115, of the public land records
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1 of Oktibbeha County, Mississippi, including facilities, and

2 fixed equipment, to the Mississippi State University,

3 Starkville, Mississippi, in their ‘‘as is’’ condition, when va4 cated by the Agricultural Research Service.

5 None of the funds appropriated under this heading

6 shall be available to carry out research related to the pro7 duction, processing, or marketing of tobacco or tobacco

8 products.

9 BUILDINGS AND FACILITIES

10 For acquisition of land, construction, repair, improve11 ment, extension, alteration, and purchase of fixed equip12 ment or facilities as necessary to carry out the agricultural

13 research programs of the Department of Agriculture, where

14 not otherwise provided, $160,645,000, to remain available

15 until expended.

16 COOPERATIVE STATE RESEARCH, EDUCATION, AND

17 EXTENSION SERVICE

18 RESEARCH AND EDUCATION ACTIVITIES

19 For payments to agricultural experiment stations, for

20 cooperative forestry and other research, for facilities, and

21 for other expenses, $652,231,000, as follows: to carry out

22 the provisions of the Hatch Act of 1887 (7 U.S.C. 361a–

23 i), $178,707,000; for grants for cooperative forestry research

24 (16 U.S.C. 582a through a–7), $22,205,000; for payments

25 to the 1890 land-grant colleges, including Tuskegee Univer26 sity and West Virginia State University (7 U.S.C. 3222),
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HR 2744 EAS

1 $37,477,000, of which $1,507,496 shall be made available

2 only for the purpose of ensuring that each institution shall

3 receive no less than $1,000,000; for special grants for agri4 cultural research (7 U.S.C. 450i(c)), $110,281,000; for spe5 cial grants for agricultural research on improved pest con6 trol (7 U.S.C. 450i(c)), $15,158,000; for competitive re7 search grants (7 U.S.C. 450i(b)), $190,000,000; for the sup8 port of animal health and disease programs (7 U.S.C.

9 3195), $5,057,000; for supplemental and alternative crops

10 and products (7 U.S.C. 3319d), $833,000; for grants for re11 search pursuant to the Critical Agricultural Materials Act

12 (7 U.S.C. 178 et seq.), $1,102,000, to remain available until

13 expended; for the 1994 research grants program for 1994

14 institutions pursuant to section 536 of Public Law 103–

15 382 (7 U.S.C. 301 note), $1,078,000, to remain available

16 until expended; for rangeland research grants (7 U.S.C.

17 3333), $992,000; for higher education graduate fellowship

18 grants (7 U.S.C. 3152(b)(6)), $2,976,000, to remain avail19 able until expended (7 U.S.C. 2209b); for a higher education

20 agrosecurity education program (7 U.S.C. 3351), $750,000,

21 to remain available until expended; for higher education

22 challenge grants (7 U.S.C. 3152(b)(1)), $5,456,000; for a

23 higher education multicultural scholars program (7 U.S.C.

24 3152(b)(5)), $990,000, to remain available until expended

25 (7 U.S.C. 2209b); for an education grants program for His-
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HR 2744 EAS

1 panic-serving Institutions (7 U.S.C. 3241), $5,600,000; for

2 noncompetitive grants for the purpose of carrying out all

3 provisions of 7 U.S.C. 3242 (section 759 of Public Law

4 106–78) to individual eligible institutions or consortia of

5 eligible institutions in Alaska and in Hawaii, with funds

6 awarded equally to each of the States of Alaska and Ha7 waii, $3,472,000; for a secondary agriculture education

8 program and 2-year post-secondary education (7 U.S.C.

9 3152(j)), $992,000; for aquaculture grants (7 U.S.C. 3322),

10 $3,968,000; for sustainable agriculture research and edu11 cation (7 U.S.C. 5811), $12,400,000; for a program of ca12 pacity building grants (7 U.S.C. 3152(b)(4)) to colleges eli13 gible to receive funds under the Act of August 30, 1890 (7

14 U.S.C. 321–326 and 328), including Tuskegee University

15 and West Virginia State University, $12,312,000, to re16 main available until expended (7 U.S.C. 2209b); for pay17 ments to the 1994 Institutions pursuant to section

18 534(a)(1) of Public Law 103–382, $2,232,000; and for nec19 essary expenses of Research and Education Activities,

20 $38,193,000, of which $2,424,000 for the Research, Edu21 cation, and Economics Information System and $1,928,000

22 for the Electronic Grants Information System, are to re23 main available until expended.

24 None of the funds appropriated under this heading

25 shall be available to carry out research related to the pro-
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HR 2744 EAS

1 duction, processing, or marketing of tobacco or tobacco

2 products: Provided, That this paragraph shall not apply

3 to research on the medical, biotechnological, food, and in4 dustrial uses of tobacco.

5 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

6 For the Native American Institutions Endowment

7 Fund authorized by Public Law 103–382 (7 U.S.C. 301

8 note), $12,000,000, to remain available until expended.

9 EXTENSION ACTIVITIES

10 For payments to States, the District of Columbia,

11 Puerto Rico, Guam, the Virgin Islands, Micronesia, North12 ern Marianas, and American Samoa, $453,438,000, as fol13 lows: payments for cooperative extension work under the

14 Smith-Lever Act, to be distributed under sections 3(b) and

15 3(c) of said Act, and under section 208(c) of Public Law

16 93–471, for retirement and employees’ compensation costs

17 for extension agents, $275,520,000; payments for extension

18 work at the 1994 Institutions under the Smith-Lever Act

19 (7 U.S.C. 343(b)(3)), $3,247,000; payments for the nutri20 tion and family education program for low-income areas

21 under section 3(d) of the Act, $62,909,000; payments for

22 the pest management program under section 3(d) of the Act,

23 $9,920,000; payments for the farm safety program under

24 section 3(d) of the Act, $4,563,000; payments for New Tech25 nologies for Ag Extension under Section 3(d) of the Act,

26 $2,000,000; payments to upgrade research, extension, and
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HR 2744 EAS

1 teaching facilities at the 1890 land-grant colleges, including

2 Tuskegee University and West Virginia State University,

3 as authorized by section 1447 of Public Law 95–113 (7

4 U.S.C. 3222b), $16,777,000, to remain available until ex5 pended; payments for youth-at-risk programs under section

6 3(d) of the Smith-Lever Act, $7,478,000; for youth farm

7 safety education and certification extension grants, to be

8 awarded competitively under section 3(d) of the Act,

9 $440,000; payments for carrying out the provisions of the

10 Renewable Resources Extension Act of 1978 (16 U.S.C.

11 1671 et seq.), $4,060,000; payments for Indian reservation

12 agents under section 3(d) of the Smith-Lever Act,

13 $1,760,000; payments for sustainable agriculture programs

14 under section 3(d) of the Act, $4,067,000; payments for

15 rural health and safety education as authorized by section

16 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)),

17 $1,965,000; payments for cooperative extension work by the

18 colleges receiving the benefits of the second Morrill Act (7

19 U.S.C. 321–326 and 328) and Tuskegee University and

20 West Virginia State University, $33,643,000, of which

21 $1,724,884 shall be made available only for the purpose of

22 ensuring that each institution shall receive no less than

23 $1,000,000; for grants to youth organizations pursuant to

24 section 7630 of title 7, United States Code, $2,646,000; and

25 for necessary expenses of Extension Activities, $22,443,000.
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HR 2744 EAS

1 INTEGRATED ACTIVITIES

2 For the integrated research, education, and extension

3 grants programs, including necessary administrative ex4 penses, $55,784,000, as follows: for competitive grants pro5 grams authorized under section 406 of the Agricultural Re6 search, Extension, and Education Reform Act of 1998 (7

7 U.S.C. 7626), $45,784,000, including $12,867,000 for the

8 water quality program, $14,847,000 for the food safety pro9 gram, $4,167,000 for the regional pest management centers

10 program, $4,464,000 for the Food Quality Protection Act

11 risk mitigation program for major food crop systems,

12 $1,389,000 for the crops affected by Food Quality Protection

13 Act implementation, $3,106,000 for the methyl bromide

14 transition program, and $1,874,000 for the organic transi15 tion program; for a competitive international science and

16 education grants program authorized under section 1459A

17 of the National Agricultural Research, Extension, and

18 Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain

19 available until expended, $992,000; for grants programs au20 thorized under section 2(c)(1)(B) of Public Law 89–106, as

21 amended, $744,000, to remain available until September

22 30, 2007 for the critical issues program, and $1,334,000

23 for the regional rural development centers program; and

24 $10,000,000 for the Food and Agriculture Defense Initiative

25 authorized under section 1484 of the National Agricultural
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HR 2744 EAS

1 Research, Extension, and Teaching Act of 1977, to remain

2 available until September 30, 2007.

3 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

4 For grants and contracts pursuant to section 2501 of

5 the Food, Agriculture, Conservation, and Trade Act of 1990

6 (7 U.S.C. 2279), $5,888,000, to remain available until ex7 pended.

8 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

9 REGULATORY PROGRAMS

10 For necessary salaries and expenses of the Office of the

11 Under Secretary for Marketing and Regulatory Programs

12 to administer programs under the laws enacted by the Con13 gress for the Animal and Plant Health Inspection Service;

14 the Agricultural Marketing Service; and the Grain Inspec15 tion, Packers and Stockyards Administration; $724,000.

16 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For expenses, not otherwise provided for, necessary to

20 prevent, control, and eradicate pests and plant and animal

21 diseases; to carry out inspection, quarantine, and regu22 latory activities; and to protect the environment, as author23 ized by law, $807,768,000, of which $4,140,000 shall be

24 available for the control of outbreaks of insects, plant dis25 eases, animal diseases and for control of pest animals and

26 birds to the extent necessary to meet emergency conditions;
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HR 2744 EAS

1 of which $39,900,000 shall be used for the boll weevil eradi2 cation program for cost share purposes or for debt retire3 ment for active eradication zones; of which $32,932,000

4 shall be available for a National Animal Identification pro5 gram: Provided, That no funds shall be used to formulate

6 or administer a brucellosis eradication program for the cur7 rent fiscal year that does not require minimum matching

8 by the States of at least 40 percent: Provided further, That

9 this appropriation shall be available for the operation and

10 maintenance of aircraft and the purchase of not to exceed

11 four, of which two shall be for replacement only: Provided

12 further, That, in addition, in emergencies which threaten

13 any segment of the agricultural production industry of this

14 country, the Secretary may transfer from other appropria15 tions or funds available to the agencies or corporations of

16 the Department such sums as may be deemed necessary, to

17 be available only in such emergencies for the arrest and

18 eradication of contagious or infectious disease or pests of

19 animals, poultry, or plants, and for expenses in accordance

20 with sections 10411 and 10417 of the Animal Health Pro21 tection Act (7 U.S.C. 8310 and 8316) and sections 431 and

22 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772),

23 and any unexpended balances of funds transferred for such

24 emergency purposes in the preceding fiscal year shall be

25 merged with such transferred amounts: Provided further,
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HR 2744 EAS

1 That appropriations hereunder shall be available pursuant

2 to law (7 U.S.C. 2250) for the repair and alteration of

3 leased buildings and improvements, but unless otherwise

4 provided the cost of altering any one building during the

5 fiscal year shall not exceed 10 percent of the current replace6 ment value of the building: Provided further, That none of

7 the funds may be used to demolish or dismantle the Hawaii

8 Fruit Fly Production Facility in Waimanalo, Hawaii.

9 In fiscal year 2006, the agency is authorized to collect

10 fees to cover the total costs of providing technical assistance,

11 goods, or services requested by States, other political sub12 divisions, domestic and international organizations, foreign

13 governments, or individuals, provided that such fees are

14 structured such that any entity’s liability for such fees is

15 reasonably based on the technical assistance, goods, or serv16 ices provided to the entity by the agency, and such fees shall

17 be credited to this account, to remain available until ex18 pended, without further appropriation, for providing such

19 assistance, goods, or services.

20 BUILDINGS AND FACILITIES

21 For plans, construction, repair, preventive mainte22 nance, environmental support, improvement, extension, al23 teration, and purchase of fixed equipment or facilities, as

24 authorized by 7 U.S.C. 2250, and acquisition of land as

25 authorized by 7 U.S.C. 428a, $4,996,000, to remain avail26 able until expended.
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HR 2744 EAS

1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses to carry out services related to

4 consumer protection, agricultural marketing and distribu5 tion, transportation, and regulatory programs, as author6 ized by law, and for administration and coordination of

7 payments to States, $76,643,000, including funds for the

8 wholesale market development program for the design and

9 development of wholesale and farmer market facilities for

10 the major metropolitan areas of the country: Provided, That

11 this appropriation shall be available pursuant to law (7

12 U.S.C. 2250) for the alteration and repair of buildings and

13 improvements, but the cost of altering any one building

14 during the fiscal year shall not exceed 10 percent of the cur15 rent replacement value of the building.

16 Fees may be collected for the cost of standardization

17 activities, as established by regulation pursuant to law (31

18 U.S.C. 9701).

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 Not to exceed $65,667,000 (from fees collected) shall be

21 obligated during the current fiscal year for administrative

22 expenses: Provided, That if crop size is understated and/

23 or other uncontrollable events occur, the agency may exceed

24 this limitation by up to 10 percent with notification to the

25 Committees on Appropriations of both Houses of Congress.
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HR 2744 EAS

1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

2 SUPPLY (SECTION 32)

3 (INCLUDING TRANSFERS OF FUNDS)

4 Funds available under section 32 of the Act of August

5 24, 1935 (7 U.S.C. 612c), shall be used only for commodity

6 program expenses as authorized therein, and other related

7 operating expenses, except for: (1) transfers to the Depart8 ment of Commerce as authorized by the Fish and Wildlife

9 Act of August 8, 1956; (2) transfers otherwise provided in

10 this Act; and (3) not more than $16,055,000 for formulation

11 and administration of marketing agreements and orders

12 pursuant to the Agricultural Marketing Agreement Act of

13 1937 and the Agricultural Act of 1961.

14 PAYMENTS TO STATES AND POSSESSIONS

15 For payments to departments of agriculture, bureaus

16 and departments of markets, and similar agencies for mar17 keting activities under section 204(b) of the Agricultural

18 Marketing Act of 1946 (7 U.S.C. 1623(b)), $3,847,000, of

19 which not less than $2,500,000 shall be used to make a

20 grant under this heading.

21 GRAIN INSPECTION, PACKERS AND STOCKYARDS

22 ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out the provisions of

25 the United States Grain Standards Act, for the administra26 tion of the Packers and Stockyards Act, for certifying proce-
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HR 2744 EAS

1 dures used to protect purchasers of farm products, and the

2 standardization activities related to grain under the Agri3 cultural Marketing Act of 1946, $38,443,000: Provided,

4 That this appropriation shall be available pursuant to law

5 (7 U.S.C. 2250) for the alteration and repair of buildings

6 and improvements, but the cost of altering any one building

7 during the fiscal year shall not exceed 10 percent of the cur8 rent replacement value of the building.

9 LIMITATION ON INSPECTION AND WEIGHING SERVICES

10 EXPENSES

11 Not to exceed $42,463,000 (from fees collected) shall be

12 obligated during the current fiscal year for inspection and

13 weighing services: Provided, That if grain export activities

14 require additional supervision and oversight, or other un15 controllable factors occur, this limitation may be exceeded

16 by up to 10 percent with notification to the Committees

17 on Appropriations of both Houses of Congress.

18 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

19 For necessary salaries and expenses of the Office of the

20 Under Secretary for Food Safety to administer the laws en21 acted by the Congress for the Food Safety and Inspection

22 Service, $602,000.

23 FOOD SAFETY AND INSPECTION SERVICE

24 For necessary expenses to carry out services authorized

25 by the Federal Meat Inspection Act, the Poultry Products

26 Inspection Act, and the Egg Products Inspection Act, in-
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HR 2744 EAS

1 cluding not to exceed $50,000 for representation allowances

2 and for expenses pursuant to section 8 of the Act approved

3 August 3, 1956 (7 U.S.C. 1766), $836,818,000, of which no

4 less than $751,457,000 shall be available for Federal food

5 safety inspection; and in addition, $1,000,000 may be cred6 ited to this account from fees collected for the cost of labora7 tory accreditation as authorized by section 1327 of the

8 Food, Agriculture, Conservation and Trade Act of 1990 (7

9 U.S.C. 138f): Provided, That no fewer than 63 full time

10 equivalent positions above the fiscal year 2002 level shall

11 be employed during fiscal year 2006 for purposes dedicated

12 solely to inspections and enforcement related to the Humane

13 Methods of Slaughter Act: Provided further, That of the

14 amount available under this heading, notwithstanding sec15 tion 704 of this Act $5,000,000, available until September

16 30, 2007, shall be obligated to include the Humane Animal

17 Tracking System as part of the Field Automation and In18 formation Management System following notification to the

19 Committees on Appropriations, which shall include a de20 tailed explanation of the components of such system: Pro21 vided further, That of the total amount made available

22 under this heading, no less than $20,653,000 shall be obli23 gated for regulatory and scientific training: Provided fur24 ther, That this appropriation shall be available pursuant

25 to law (7 U.S.C. 2250) for the alteration and repair of
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HR 2744 EAS

1 buildings and improvements, but the cost of altering any

2 one building during the fiscal year shall not exceed 10 per3 cent of the current replacement value of the building.

4 OFFICE OF THE UNDER SECRETARY FOR FARM AND

5 FOREIGN AGRICULTURAL SERVICES

6 For necessary salaries and expenses of the Office of the

7 Under Secretary for Farm and Foreign Agricultural Serv8 ices to administer the laws enacted by Congress for the

9 Farm Service Agency, the Foreign Agricultural Service, the

10 Risk Management Agency, and the Commodity Credit Cor11 poration, $635,000.

12 FARM SERVICE AGENCY

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses for carrying out the adminis16 tration and implementation of programs administered by

17 the Farm Service Agency, $1,043,555,000: Provided, That

18 the Secretary is authorized to use the services, facilities, and

19 authorities (but not the funds) of the Commodity Credit

20 Corporation to make program payments for all programs

21 administered by the Agency: Provided further, That other

22 funds made available to the Agency for authorized activities

23 may be advanced to and merged with this account.
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HR 2744 EAS

1 STATE MEDIATION GRANTS

2 For grants pursuant to section 502(b) of the Agricul3 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106),

4 $4,250,000.

5 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

6 For necessary expenses to carry out wellhead or

7 groundwater protection activities under section 1240O of

8 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),

9 $4,250,000, to remain available until expended.

10 DAIRY INDEMNITY PROGRAM

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses involved in making indemnity

13 payments to dairy farmers and manufacturers of dairy

14 products under a dairy indemnity program, $100,000, to

15 remain available until expended: Provided, That such pro16 gram is carried out by the Secretary in the same manner

17 as the dairy indemnity program described in the Agri18 culture, Rural Development, Food and Drug Administra19 tion, and Related Agencies Appropriations Act, 2001 (Pub20 lic Law 106–387, 114 Stat. 1549A–12).

21 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

22 ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For gross obligations for the principal amount of di25 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.)

26 and operating (7 U.S.C. 1941 et seq.) loans, Indian tribe
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HR 2744 EAS

1 land acquisition loans (25 U.S.C. 488), and boll weevil

2 loans (7 U.S.C. 1989), to be available from funds in the

3 Agricultural Credit Insurance Fund, as follows: farm own4 ership loans, $1,608,000,000, of which $1,400,000,000 shall

5 be for guaranteed loans and $208,000,000 shall be for direct

6 loans; operating loans, $2,033,000,000, of which

7 $1,100,000,000 shall be for unsubsidized guaranteed loans,

8 $283,000,000 shall be for subsidized guaranteed loans and

9 $650,000,000 shall be for direct loans; Indian tribe land

10 acquisition loans, $2,000,000; and for boll weevil eradi11 cation program loans, $100,000,000: Provided, That the

12 Secretary shall deem the pink bollworm to be a boll weevil

13 for the purpose of boll weevil eradication program loans.

14 For the cost of direct and guaranteed loans, including

15 the cost of modifying loans as defined in section 502 of the

16 Congressional Budget Act of 1974, as follows: farm owner17 ship loans, $17,370,000, of which $6,720,000 shall be for

18 guaranteed loans, and $10,650,000 shall be for direct loans;

19 operating loans, $133,380,000, of which $33,330,000 shall

20 be for unsubsidized guaranteed loans, $35,375,000 shall be

21 for subsidized guaranteed loans, and $64,675,000 shall be

22 for direct loans; and Indian tribe land acquisition loans,

23 $80,000.

24 In addition, for administrative expenses necessary to

25 carry out the direct and guaranteed loan programs,
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HR 2744 EAS

1 $317,137,000, of which $309,137,000 shall be transferred to

2 and merged with the appropriation for ‘‘Farm Service

3 Agency, Salaries and Expenses’’.

4 Funds appropriated by this Act to the Agricultural

5 Credit Insurance Program Account for farm ownership and

6 operating direct loans and guaranteed loans may be trans7 ferred among these programs: Provided, That the Commit8 tees on Appropriations of both Houses of Congress are noti9 fied at least 15 days in advance of any transfer.

10 RISK MANAGEMENT AGENCY

11 For administrative and operating expenses, as author12 ized by section 226A of the Department of Agriculture Reor13 ganization Act of 1994 (7 U.S.C. 6933), $73,448,000: Pro14 vided, That not to exceed $1,000 shall be available for offi15 cial reception and representation expenses, as authorized by

16 7 U.S.C. 1506(i).

17 CORPORATIONS

18 The following corporations and agencies are hereby au19 thorized to make expenditures, within the limits of funds

20 and borrowing authority available to each such corporation

21 or agency and in accord with law, and to make contracts

22 and commitments without regard to fiscal year limitations

23 as provided by section 104 of the Government Corporation

24 Control Act as may be necessary in carrying out the pro-
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HR 2744 EAS

1 grams set forth in the budget for the current fiscal year for

2 such corporation or agency, except as hereinafter provided.

3 FEDERAL CROP INSURANCE CORPORATION FUND

4 For payments as authorized by section 516 of the Fed5 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may

6 be necessary, to remain available until expended.

7 COMMODITY CREDIT CORPORATION FUND

8 REIMBURSEMENT FOR NET REALIZED LOSSES

9 For the current fiscal year, such sums as may be nec10 essary to reimburse the Commodity Credit Corporation for

11 net realized losses sustained, but not previously reimbursed,

12 pursuant to section 2 of the Act of August 17, 1961 (15

13 U.S.C. 713a–11): Provided, That of the funds available to

14 the Commodity Credit Corporation under section 11 of the

15 Commodity Credit Corporation Charter Act (15 U.S.C

16 714i) for the conduct of its business with the Foreign Agri17 cultural Service, up to $5,000,000 may be transferred to

18 and used by the Foreign Agricultural Service for informa19 tion resource management activities of the Foreign Agricul20 tural Service that are not related to Commodity Credit Cor21 poration business.

22 HAZARDOUS WASTE MANAGEMENT

23 (LIMITATION ON EXPENSES)

24 For the current fiscal year, the Commodity Credit Cor25 poration shall not expend more than $5,000,000 for site in26 vestigation and cleanup expenses, and operations and
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HR 2744 EAS

1 maintenance expenses to comply with the requirement of

2 section 107(g) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act (42 U.S.C.

4 9607(g)), and section 6001 of the Resource Conservation

5 and Recovery Act (42 U.S.C. 6961).

6 TITLE II

7 CONSERVATION PROGRAMS

8 OFFICE OF THE UNDER SECRETARY FOR NATURAL

9 RESOURCES AND ENVIRONMENT

10 For necessary salaries and expenses of the Office of the

11 Under Secretary for Natural Resources and Environment

12 to administer the laws enacted by the Congress for the For13 est Service and the Natural Resources Conservation Service,

14 $744,000.

15 NATURAL RESOURCES CONSERVATION SERVICE

16 CONSERVATION OPERATIONS

17 For necessary expenses to carry out the provisions of

18 the Act of April 27, 1935 (16 U.S.C. 590a–f), including

19 preparation of conservation plans and establishment of

20 measures to conserve soil and water (including farm irriga21 tion and land drainage and such special measures for soil

22 and water management as may be necessary to prevent

23 floods and the siltation of reservoirs and to control agricul24 tural related pollutants); operation of conservation plant

25 materials centers; classification and mapping of soil; dis-
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HR 2744 EAS

1 semination of information; acquisition of lands, water, and

2 interests therein for use in the plant materials program by

3 donation, exchange, or purchase at a nominal cost not to

4 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.

5 428a); purchase and erection or alteration or improvement

6 of permanent and temporary buildings; and operation and

7 maintenance of aircraft, $819,561,000, to remain available

8 until expended, of which not less than $11,000,000 is for

9 snow survey and water forecasting, and not less than

10 $11,847,000 is for operation and establishment of the plant

11 materials centers, and of which not less than $28,156,000

12 shall be for the grazing lands conservation initiative: Pro13 vided, That appropriations hereunder shall be available

14 pursuant to 7 U.S.C. 2250 for construction and improve15 ment of buildings and public improvements at plant mate16 rials centers, except that the cost of alterations and im17 provements to other buildings and other public improve18 ments shall not exceed $250,000: Provided further, That

19 when buildings or other structures are erected on non-Fed20 eral land, that the right to use such land is obtained as

21 provided in 7 U.S.C. 2250a: Provided further, That this

22 appropriation shall be available for technical assistance

23 and related expenses to carry out programs authorized by

24 section 202(c) of title II of the Colorado River Basin Salin25 ity Control Act of 1974 (43 U.S.C. 1592(c)): Provided fur-
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HR 2744 EAS

1 ther, That qualified local engineers may be temporarily em2 ployed at per diem rates to perform the technical planning

3 work of the Service.

4 WATERSHED SURVEYS AND PLANNING

5 For necessary expenses to conduct research, investiga6 tion, and surveys of watersheds of rivers and other water7 ways, and for small watershed investigations and planning,

8 in accordance with the Watershed Protection and Flood

9 Prevention Act (16 U.S.C. 1001–1009), $5,141,000.

10 WATERSHED AND FLOOD PREVENTION OPERATIONS

11 For necessary expenses to carry out preventive meas12 ures, including but not limited to research, engineering op13 erations, methods of cultivation, the growing of vegetation,

14 rehabilitation of existing works and changes in use of land,

15 in accordance with the Watershed Protection and Flood

16 Prevention Act (16 U.S.C. 1001–1005 and 1007–1009), the

17 provisions of the Act of April 27, 1935 (16 U.S.C. 590a–

18 f), and in accordance with the provisions of laws relating

19 to the activities of the Department, $60,000,000, to remain

20 available until expended; of which up to $10,000,000 may

21 be available for the watersheds authorized under the Flood

22 Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Pro23 vided, That not to exceed $27,199,000 of this appropriation

24 shall be available for technical assistance: Provided further,

25 That not to exceed $1,000,000 of this appropriation is

26 available to carry out the purposes of the Endangered Spe-
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HR 2744 EAS

1 cies Act of 1973 (Public Law 93–205), including coopera2 tive efforts as contemplated by that Act to relocate endan3 gered or threatened species to other suitable habitats as may

4 be necessary to expedite project construction.

5 WATERSHED REHABILITATION PROGRAM

6 For necessary expenses to carry out rehabilitation of

7 structural measures, in accordance with section 14 of the

8 Watershed Protection and Flood Prevention Act (16 U.S.C.

9 1012), and in accordance with the provisions of laws relat10 ing to the activities of the Department, $27,313,000, to re11 main available until expended.

12 RESOURCE CONSERVATION AND DEVELOPMENT

13 For necessary expenses in planning and carrying out

14 projects for resource conservation and development and for

15 sound land use pursuant to the provisions of sections 31

16 and 32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.

17 1010–1011; 76 Stat. 607); the Act of April 27, 1935 (16

18 U.S.C. 590a–f); and subtitle H of title XV of the Agriculture

19 and Food Act of 1981 (16 U.S.C. 3451–3461), $51,228,000,

20 to remain available until expended.

21 TITLE III

22 RURAL DEVELOPMENT PROGRAMS

23 OFFICE OF THE UNDER SECRETARY FOR RURAL

24 DEVELOPMENT

25 For necessary salaries and expenses of the Office of the

26 Under Secretary for Rural Development to administer pro-
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HR 2744 EAS

1 grams under the laws enacted by the Congress for the Rural

2 Housing Service, the Rural Business-Cooperative Service,

3 and the Rural Utilities Service of the Department of Agri4 culture, $635,000.

5 RURAL COMMUNITY ADVANCEMENT PROGRAM

6 (INCLUDING TRANSFERS OF FUNDS)

7 For the cost of direct loans, loan guarantees, and

8 grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c,

9 1926d, and 1932, except for sections 381E–H and 381N of

10 the Consolidated Farm and Rural Development Act,

11 $705,106,000, to remain available until expended, of which

12 $86,770,000 shall be for rural community programs de13 scribed in section 381E(d)(1) of such Act; of which

14 $528,115,000 shall be for the rural utilities programs de15 scribed in sections 381E(d)(2), 306C(a)(2), and 306D of

16 such Act, of which not to exceed $496,000 shall be available

17 for the rural utilities program described in section

18 306(a)(2)(B) of such Act, and of which not to exceed

19 $992,000 shall be available for the rural utilities program

20 described in section 306E of such Act; and of which

21 $90,221,000 shall be for the rural business and cooperative

22 development programs described in sections 381E(d)(3) and

23 310B(f) of such Act: Provided, That of the total amount

24 appropriated in this account, $26,000,000 shall be for loans

25 and grants to benefit Federally Recognized Native Amer26 ican Tribes, including grants for drinking water and waste
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HR 2744 EAS

1 disposal systems pursuant to section 306C of such Act, of

2 which $4,464,000 shall be available for community facilities

3 grants to tribal colleges, as authorized by section 306(a)(19)

4 of the Consolidated Farm and Rural Development Act, and

5 of which $250,000 shall be available for a grant to a quali6 fied national organization to provide technical assistance

7 for rural transportation in order to promote economic de8 velopment: Provided further, That of the amount appro9 priated for rural community programs, $6,500,000 shall be

10 available for a Rural Community Development Initiative:

11 Provided further, That such funds shall be used solely to

12 develop the capacity and ability of private, nonprofit com13 munity-based housing and community development organi14 zations, low-income rural communities, and Federally Rec15 ognized Native American Tribes to undertake projects to

16 improve housing, community facilities, community and eco17 nomic development projects in rural areas: Provided fur18 ther, That such funds shall be made available to qualified

19 private, nonprofit and public intermediary organizations

20 proposing to carry out a program of financial and technical

21 assistance: Provided further, That such intermediary orga22 nizations shall provide matching funds from other sources,

23 including Federal funds for related activities, in an amount

24 not less than funds provided: Provided further, That of the

25 amount appropriated for the rural business and cooperative
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HR 2744 EAS

1 development programs, not to exceed $500,000 shall be made

2 available for a grant to a qualified national organization

3 to provide technical assistance for rural transportation in

4 order to promote economic development; $140,000 shall be

5 made available to conduct a feasibility study; $3,000,000

6 shall be for grants to the Delta Regional Authority (7

7 U.S.C. 1921 et seq.) for any purpose under this heading:

8 Provided further, That of the amount appropriated for

9 rural utilities programs, not to exceed $25,000,000 shall be

10 for water and waste disposal systems to benefit the Colonias

11 along the United States/Mexico border, including grants

12 pursuant to section 306C of such Act; $26,000,000 shall be

13 for water and waste disposal systems for rural and native

14 villages in Alaska pursuant to section 306D of such Act,

15 with up to 2 percent available to administer the program

16 and/or improve interagency coordination may be trans17 ferred to and merged with the appropriation for ‘‘Rural De18 velopment, Salaries and Expenses’’, of which $100,000 shall

19 be provided to develop a regional system for centralized bill20 ing, operation, and management of rural water and sewer

21 utilities through regional cooperatives, of which 25 percent

22 shall be provided for water and sewer projects in regional

23 hubs, and the State of Alaska shall provide a 25 percent

24 cost share, and grantees may use up to 5 percent of grant

25 funds, not to exceed $35,000 per community, for the comple-
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HR 2744 EAS

1 tion of comprehensive community safe water plans; not to

2 exceed $18,250,000 shall be for technical assistance grants

3 for rural water and waste systems pursuant to section

4 306(a)(14) of such Act, of which $5,600,000 shall be for

5 Rural Community Assistance Programs and not less than

6 $850,000 shall be for a qualified national Native American

7 organization to provide technical assistance for rural water

8 systems for tribal communities; and not to exceed

9 $13,500,000 shall be for contracting with qualified national

10 organizations for a circuit rider program to provide tech11 nical assistance for rural water systems: Provided further,

12 That of the total amount appropriated, not to exceed

13 $21,367,000 shall be available through June 30, 2006, for

14 authorized empowerment zones and enterprise communities

15 and communities designated by the Secretary of Agriculture

16 as Rural Economic Area Partnership Zones; of which

17 $1,067,000 shall be for the rural community programs de18 scribed in section 381E(d)(1) of such Act, of which

19 $12,000,000 shall be for the rural utilities programs de20 scribed in section 381E(d)(2) of such Act, and of which

21 $8,300,000 shall be for the rural business and cooperative

22 development programs described in section 381E(d)(3) of

23 such Act: Provided further, That of the amount appro24 priated for rural community programs, $20,000,000 shall

25 be to provide grants for facilities in rural communities with
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HR 2744 EAS

1 extreme unemployment and severe economic depression

2 (Public Law 106–387), with 5 percent for administration

3 and capacity building in the State rural development of4 fices: Provided further, That of the amount appropriated,

5 $28,000,000 shall be transferred to and merged with the

6 ‘‘Rural Utilities Service, High Energy Cost Grants Ac7 count’’ to provide grants authorized under section 19 of the

8 Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided

9 further, That any prior year balances for high cost energy

10 grants authorized by section 19 of the Rural Electrification

11 Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and

12 merged with the ‘‘Rural Utilities Service, High Energy

13 Costs Grants Account’’.

14 RURAL DEVELOPMENT SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for carrying out the adminis17 tration and implementation of programs in the Rural De18 velopment mission area, including activities with institu19 tions concerning the development and operation of agricul20 tural cooperatives; and for cooperative agreements;

21 $164,773,000: Provided, That notwithstanding any other

22 provision of law, funds appropriated under this section

23 may be used for advertising and promotional activities that

24 support the Rural Development mission area: Provided fur25 ther, That not more than $10,000 may be expended to pro-
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HR 2744 EAS

1 vide modest nonmonetary awards to non-USDA employees:

2 Provided further, That any balances available from prior

3 years for the Rural Utilities Service, Rural Housing Serv4 ice, and the Rural Business-Cooperative Service salaries

5 and expenses accounts shall be transferred to and merged

6 with this appropriation.

7 RURAL HOUSING SERVICE

8 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For gross obligations for the principal amount of di11 rect and guaranteed loans as authorized by title V of the

12 Housing Act of 1949, to be available from funds in the rural

13 housing insurance fund, as follows: $4,927,581,000 for loans

14 to section 502 borrowers, as determined by the Secretary,

15 of which $1,000,000,000 shall be for direct loans, and of

16 which $3,681,033,000 shall be for unsubsidized guaranteed

17 loans; $35,000,000 for section 504 housing repair loans;

18 $90,000,000 for section 515 rental housing; $100,000,000

19 for section 538 guaranteed multi-family housing loans;

20 $5,000,000 for section 524 site loans; $11,500,000 for credit

21 sales of acquired property, of which up to $1,500,000 may

22 be for multi-family credit sales; and $5,048,000 for section

23 523 self-help housing land development loans.

24 For the cost of direct and guaranteed loans, including

25 the cost of modifying loans, as defined in section 502 of

26 the Congressional Budget Act of 1974, as follows: section
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HR 2744 EAS

1 502 loans, $154,800,000, of which $113,900,000 shall be for

2 direct loans, and of which $40,900,000, to remain available

3 until expended, shall be for unsubsidized guaranteed loans;

4 section 504 housing repair loans, $10,238,000; repair, reha5 bilitation, and new construction of section 515 rental hous6 ing, $41,292,000; section 538 multi-family housing guaran7 teed loans, $5,420,000; multi-family credit sales of acquired

8 property, $681,000; section 523 self-help housing and devel9 opment loans, $52,000: Provided, That of the total amount

10 appropriated in this paragraph, $2,500,000 shall be avail11 able through June 30, 2006, for authorized empowerment

12 zones and enterprise communities and communities des13 ignated by the Secretary of Agriculture as Rural Economic

14 Area Partnership Zones: Provided further, That any funds

15 under this paragraph initially allocated by the Secretary

16 for housing projects in the State of Alaska that are not obli17 gated by September 30, 2006, shall be carried over until

18 September 30, 2007, and made available for such housing

19 projects only in the State of Alaska.

20 For additional costs to conduct a demonstration pro21 gram for the preservation and revitalization of the section

22 515 multi-family rental housing properties, $16,500,000, to

23 remain available until expended: Provided, That funding

24 made available under this heading shall be used to restruc25 ture existing section 515 loans, as the Secretary deems ap-
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HR 2744 EAS

1 propriate, expressly for the purposes of ensuring the project

2 has sufficient resources to preserve the project for the pur3 pose of providing safe and affordable housing for low-in4 come residents including reducing or eliminating interest;

5 deferring loan payments, subordinating, reducing or re6 amortizing loan debt; and other financial assistance includ7 ing advances and incentives required by the Secretary.

8 In addition, for administrative expenses necessary to

9 carry out the direct and guaranteed loan programs,

10 $465,886,000, which shall be transferred to and merged

11 with the appropriation for ‘‘Rural Development, Salaries

12 and Expenses’’.

13 RENTAL ASSISTANCE PROGRAM

14 For rental assistance agreements entered into or re15 newed pursuant to the authority under section 521(a)(2)

16 or agreements entered into in lieu of debt forgiveness or

17 payments for eligible households as authorized by section

18 502(c)(5)(D) of the Housing Act of 1949, $653,102,000;

19 and, in addition, such sums as may be necessary, as author20 ized by section 521(c) of the Act, to liquidate debt incurred

21 prior to fiscal year 1992 to carry out the rental assistance

22 program under section 521(a)(2) of the Act: Provided, That

23 of this amount, no less than $8,976,000 shall be available

24 for debt forgiveness or payments for eligible households as

25 authorized by section 502(c)(5)(D) of the Act, and not to

26 exceed $50,000 per project for advances to nonprofit organi-
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HR 2744 EAS

1 zations or public agencies to cover direct costs (other than

2 purchase price) incurred in purchasing projects pursuant

3 to section 502(c)(5)(C) of the Act: Provided further, That

4 agreements entered into or renewed during the current fiscal

5 year shall be funded for a four-year period: Provided fur6 ther, That any unexpended balances remaining at the end

7 of such four-year agreements may be transferred and used

8 for the purposes of any debt reduction; maintenance, repair,

9 or rehabilitation of any existing projects; preservation; and

10 rental assistance activities authorized under title V of the

11 Act: Provided further, That rental assistance that is recov12 ered from projects that are subject to prepayment shall be

13 deobligated and reallocated for vouchers and debt forgive14 ness or payments consistent with the requirements of this

15 Act for purposes authorized under section 542 and section

16 502(c)(5)(D) of the Housing Act of 1949, as amended.

17 RURAL HOUSING VOUCHER PROGRAM

18 For the rural housing voucher program as authorized

19 under section 542 of the Housing Act of 1949, (without re20 gard to section 542(b)), $16,000,000, to remain available

21 until expended: Provided, That such vouchers shall be avail22 able to any low-income household (including those not re23 ceiving rental assistance) residing in a property financed

24 with a section 515 loan which has been prepaid after Sep25 tember 30, 2005: Provided further, That the amount of the

26 voucher shall be the difference between comparable market
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HR 2744 EAS

1 rent for the section 515 unit and the tenant paid rent for

2 such unit: Provided further, That funds made available for

3 such vouchers, shall be subject to the availability of annual

4 appropriations: Provided further, That the Secretary shall,

5 to the maximum extent practicable, administer such vouch6 ers with current regulations and administrative guidance

7 applicable for section 8 housing vouchers administered by

8 the Secretary of the Department of Housing and Urban De9 velopment (including the ability to pay administrative

10 costs related to delivery of the voucher funds).

11 MUTUAL AND SELF-HELP HOUSING GRANTS

12 For grants and contracts pursuant to section

13 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c),

14 $34,000,000, to remain available until expended: Provided,

15 That of the total amount appropriated, $1,000,000 shall be

16 available through June 30, 2005, for authorized empower17 ment zones and enterprise communities and communities

18 designated by the Secretary of Agriculture as Rural Eco19 nomic Area Partnership Zones.

20 RURAL HOUSING ASSISTANCE GRANTS

21 For grants and contracts for very low-income housing

22 repair, supervisory and technical assistance, compensation

23 for construction defects, and rural housing preservation

24 made by the Rural Housing Service, as authorized by 42

25 U.S.C. 1474, 1479(c), 1490e, and 1490m, $43,976,000, to

26 remain available until expended: Provided, That
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HR 2744 EAS

1 $2,976,000 shall be made available for loans to private non2 profit organizations, or such non-profit organizations’ affil3 iate loan funds and State and local housing finance agen4 cies, to carry out a housing demonstration program to pro5 vide revolving loans for the preservation of low-income

6 multi-family housing projects: Provided further, That loans

7 under such demonstration program shall have an interest

8 rate of not more than 1 percent direct loan to the recipient:

9 Provided further, That the Secretary may defer the interest

10 and principal payment to the Rural Housing Service for

11 up to 3 years and the term of such loans shall not exceed

12 30 years: Provided further, That of the total amount appro13 priated, $1,200,000 shall be available through June 30,

14 2006, for authorized empowerment zones and enterprise

15 communities and communities designated by the Secretary

16 of Agriculture as Rural Economic Area Partnership Zones.

17 FARM LABOR PROGRAM ACCOUNT

18 For the cost of direct loans, grants, and contracts, as

19 authorized by 42 U.S.C. 1484 and 1486, $29,607,000, to

20 remain available until expended, for direct farm labor hous21 ing loans and domestic farm labor housing grants and con22 tracts.
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HR 2744 EAS

1 RURAL BUSINESS—COOPERATIVE SERVICE

2 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the principal amount of direct loans, as authorized

5 by the Rural Development Loan Fund (42 U.S.C. 9812(a)),

6 $34,212,000.

7 For the cost of direct loans, $14,718,000, as authorized

8 by the Rural Development Loan Fund (42 U.S.C. 9812(a)),

9 of which $1,724,000 shall be available through June 30,

10 2006, for Federally Recognized Native American Tribes and

11 of which $3,449,000 shall be available through June 30,

12 2006, for Mississippi Delta Region counties (as determined

13 in accordance with Public Law 100–460): Provided, That

14 of such amount made available, the Secretary may provide

15 up to $1,500,000 for the Delta Regional Authority (7 U.S.C.

16 1921 et seq.): Provided further, That such costs, including

17 the cost of modifying such loans, shall be as defined in sec18 tion 502 of the Congressional Budget Act of 1974: Provided

19 further, That of the total amount appropriated, $887,000

20 shall be available through June 30, 2006, for the cost of

21 direct loans for authorized empowerment zones and enter22 prise communities and communities designated by the Sec23 retary of Agriculture as Rural Economic Area Partnership

24 Zones.

25 In addition, for administrative expenses to carry out

26 the direct loan programs, $6,656,000 shall be transferred
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HR 2744 EAS

1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’.

3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

4 ACCOUNT

5 (INCLUDING RESCISSION OF FUNDS)

6 For the principal amount of direct loans, as authorized

7 under section 313 of the Rural Electrification Act, for the

8 purpose of promoting rural economic development and job

9 creation projects, $25,003,000.

10 For the cost of direct loans, including the cost of modi11 fying loans as defined in section 502 of the Congressional

12 Budget Act of 1974, $4,993,000, to remain available until

13 expended.

14 Of the funds derived from interest on the cushion of

15 credit payments in the current fiscal year, as authorized

16 by section 313 of the Rural Electrification Act of 1936,

17 $4,993,000 shall not be obligated and $4,993,000 are re18 scinded.

19 RURAL COOPERATIVE DEVELOPMENT GRANTS

20 For rural cooperative development grants authorized

21 under section 310B(e) of the Consolidated Farm and Rural

22 Development Act (7 U.S.C. 1932), $24,988,000, of which

23 $500,000 shall be for a cooperative research agreement with

24 a qualified academic institution to conduct research on the

25 national economic impact of all types of cooperatives; and

26 of which $2,500,000 shall be for cooperative agreements for
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HR 2744 EAS

1 the appropriate technology transfer for rural areas pro2 gram: Provided, That not to exceed $1,488,000 shall be for

3 cooperatives or associations of cooperatives whose primary

4 focus is to provide assistance to small, minority producers

5 and whose governing board and/or membership is com6 prised of at least 75 percent minority; and of which

7 $15,500,000, to remain available until expended, shall be

8 for value-added agricultural product market development

9 grants, as authorized by section 6401 of the Farm Security

10 and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

11 RURAL EMPOWERMENT ZONES AND ENTERPRISE

12 COMMUNITY GRANTS

13 For grants in connection with second and third rounds

14 of empowerment zones and enterprise communities,

15 $12,400,000, to remain available until expended, for des16 ignated rural empowerment zones and rural enterprise com17 munities, as authorized by the Taxpayer Relief Act of 1997

18 and the Omnibus Consolidated and Emergency Supple19 mental Appropriations Act, 1999 (Public Law 105–277):

20 Provided, That of the funds appropriated, $1,000,000 shall

21 be made available to third round empowerment zones, as

22 authorized by the Community Renewal Tax Relief Act

23 (Public Law 106–554).

24 RENEWABLE ENERGY PROGRAM

25 For the cost of a program of direct loans, loan guaran26 tees, and grants, under the same terms and conditions as
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HR 2744 EAS

1 authorized by section 9006 of the Farm Security and Rural

2 Investment Act of 2002 (7 U.S.C. 8106), $23,000,000 for

3 direct and guaranteed renewable energy loans and grants:

4 Provided, That the cost of direct loans and loan guarantees,

5 including the cost of modifying such loans, shall be as de6 fined in section 502 of the Congressional Budget Act of

7 1974.

8 RURAL UTILITIES SERVICE

9 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

10 LOANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 Insured loans pursuant to the authority of section 305

13 of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall

14 be made as follows: 5 percent rural electrification loans,

15 $100,000,000; municipal rate rural electric loans,

16 $100,000,000; loans made pursuant to section 306 of that

17 Act, rural electric, $2,700,000,000; Treasury rate direct

18 electric loans, $1,000,000,000; guaranteed underwriting

19 loans pursuant to section 313A, $1,500,000,000; 5 percent

20 rural telecommunications loans, $145,000,000; cost of

21 money rural telecommunications loans, $425,000,000; and

22 for loans made pursuant to section 306 of that Act, rural

23 telecommunications loans, $125,000,000.

24 For the cost, as defined in section 502 of the Congres25 sional Budget Act of 1974, including the cost of modifying

26 loans, of direct and guaranteed loans authorized by sections
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HR 2744 EAS

1 305 and 306 of the Rural Electrification Act of 1936 (7

2 U.S.C. 935 and 936), as follows: cost of rural electric loans,

3 $6,160,000, and the cost of telecommunications loans,

4 $212,000: Provided, That notwithstanding section

5 305(d)(2) of the Rural Electrification Act of 1936, borrower

6 interest rates may exceed 7 percent per year.

7 In addition, for administrative expenses necessary to

8 carry out the direct and guaranteed loan programs,

9 $39,933,000 which shall be transferred to and merged with

10 the appropriation for ‘‘Rural Development, Salaries and

11 Expenses’’.

12 RURAL TELEPHONE BANK PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 The Rural Telephone Bank is hereby authorized to

15 make such expenditures, within the limits of funds available

16 to such corporation in accord with law, and to make such

17 contracts and commitments without regard to fiscal year

18 limitations as provided by section 104 of the Government

19 Corporation Control Act, as may be necessary in carrying

20 out its authorized programs.

21 For administrative expenses, including audits, nec22 essary to continue to service existing loans, $2,500,000,

23 which shall be transferred to and merged with the appro24 priation for ‘‘Rural Development, Salaries and Expenses’’.
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HR 2744 EAS

1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

2 PROGRAM

3 For the principal amount of broadband telecommuni4 cation loans, $550,000,000.

5 For grants for telemedicine and distance learning serv6 ices in rural areas, as authorized by 7 U.S.C. 950aaa et

7 seq., $35,000,000, to remain available until expended: Pro8 vided, That $10,000,000 shall be made available to convert

9 analog to digital operation those noncommercial edu10 cational television broadcast stations that serve rural areas

11 and are qualified for Community Service Grants by the

12 Corporation for Public Broadcasting under section 396(k)

13 of the Communications Act of 1934, including associated

14 translators and repeaters, regardless of the location of their

15 main transmitter, studio-to-transmitter links, and equip16 ment to allow local control over digital content and pro17 gramming through the use of high-definition broadcast,

18 multi-casting and datacasting technologies.

19 For the cost of broadband loans, as authorized by 7

20 U.S.C. 901 et seq., $11,825,000, to remain available until

21 September 30, 2007: Provided, That the interest rate for

22 such loans shall be the cost of borrowing to the Department

23 of the Treasury for obligations of comparable maturity:

24 Provided further, That the cost of direct loans shall be as
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HR 2744 EAS

1 defined in section 502 of the Congressional Budget Act of

2 1974.

3 In addition, $10,000,000, to remain available until ex4 pended, for a grant program to finance broadband trans5 mission in rural areas eligible for Distance Learning and

6 Telemedicine Program benefits authorized by 7 U.S.C.

7 950aaa.

8 TITLE IV

9 DOMESTIC FOOD PROGRAMS

10 OFFICE OF THE UNDER SECRETARY FOR FOOD,

11 NUTRITION AND CONSUMER SERVICES

12 For necessary salaries and expenses of the Office of the

13 Under Secretary for Food, Nutrition and Consumer Serv14 ices to administer the laws enacted by the Congress for the

15 Food and Nutrition Service, $599,000.

16 FOOD AND NUTRITION SERVICE

17 CHILD NUTRITION PROGRAMS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses to carry out the National

20 School Lunch Act (42 U.S.C. 1751 et seq.), except section

21 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771

22 et seq.), except sections 17 and 21; $12,422,027,000, to re23 main available through September 30, 2007, of which

24 $7,234,406,000 is hereby appropriated and $5,187,621,000

25 shall be derived by transfer from funds available under sec26 tion 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Pro-
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HR 2744 EAS

1 vided, That none of the funds made available under this

2 heading shall be used for studies and evaluations: Provided

3 further, That up to $5,235,000 shall be available for inde4 pendent verification of school food service claims: Provided

5 further, That not less than $20,025,000 shall be available

6 to implement and administer Team Nutrition programs of

7 the Department of Agriculture.

8 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

9 WOMEN, INFANTS, AND CHILDREN (WIC)

10 For necessary expenses to carry out the special supple11 mental nutrition program as authorized by section 17 of

12 the Child Nutrition Act of 1966 (42 U.S.C. 1786),

13 $5,257,000,000, to remain available through September 30,

14 2007, of which such sums as are necessary to restore the

15 contingency reserve to $125,000,000 shall be placed in re16 serve, to remain available until expended, to be allocated

17 as the Secretary deems necessary, notwithstanding section

18 17(i) of such Act, to support participation should cost or

19 participation exceed budget estimates: Provided, That of the

20 total amount available, the Secretary shall obligate not less

21 than $15,000,000 for a breastfeeding support initiative in

22 addition to the activities specified in section 17(h)(3)(A):

23 Provided further, That only the provisions of section

24 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effec25 tive in 2006; including $14,000,000 for the purposes speci26 fied in section 17(h)(10)(B)(i) and $20,000,000 for the pur-
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HR 2744 EAS

1 poses specified in section 17(h)(10)(B)(ii): Provided further,

2 That none of the funds made available under this heading

3 shall be used for studies and evaluations: Provided further,

4 That none of the funds in this Act shall be available to pay

5 administrative expenses of WIC clinics except those that

6 have an announced policy of prohibiting smoking within

7 the space used to carry out the program: Provided further,

8 That none of the funds provided in this account shall be

9 available for the purchase of infant formula except in ac10 cordance with the cost containment and competitive bidding

11 requirements specified in section 17 of such Act: Provided

12 further, That none of the funds provided shall be available

13 for activities that are not fully reimbursed by other Federal

14 Government departments or agencies unless authorized by

15 section 17 of such Act.

16 FOOD STAMP PROGRAM

17 For necessary expenses to carry out the Food Stamp

18 Act (7 U.S.C. 2011 et seq.), $40,711,395,000, of which

19 $3,000,000,000 to remain available through September 30,

20 2007, shall be placed in reserve for use only in such

21 amounts and at such times as may become necessary to

22 carry out program operations: Provided, That none of the

23 funds made available under this heading shall be used for

24 studies and evaluations: Provided further, That of the funds

25 made available under this heading and not already appro26 priated to the Food Distribution Program on Indian Res-
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HR 2744 EAS

1 ervations (FDPIR) established under section 4(b) of the

2 Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed

3 $4,000,000 shall be used to purchase bison meat for the

4 FDPIR from Native American bison producers as well as

5 from producer-owned cooperatives of bison ranchers: Pro6 vided further, That funds provided herein shall be expended

7 in accordance with section 16 of the Food Stamp Act: Pro8 vided further, That this appropriation shall be subject to

9 any work registration or workfare requirements as may be

10 required by law: Provided further, That funds made avail11 able for Employment and Training under this heading

12 shall remain available until expended, as authorized by sec13 tion 16(h)(1) of the Food Stamp Act: Provided further, That

14 notwithstanding section 5(d) of the Food Stamp Act of

15 1977, any additional payment received under chapter 5 of

16 title 37, United States Code, by a member of the United

17 States Armed Forces deployed to a designated combat zone

18 shall be excluded from household income for the duration

19 of the member’s deployment if the additional pay is the re20 sult of deployment to or while serving in a combat zone,

21 and it was not received immediately prior to serving in

22 the combat zone.

23 COMMODITY ASSISTANCE PROGRAM

24 For necessary expenses to carry out disaster assistance

25 and the Commodity Supplemental Food Program as au26 thorized by section 4(a) of the Agriculture and Consumer
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HR 2744 EAS

1 Protection Act of 1973 (7 U.S.C. 612c note); The Emergency

2 Food Assistance Act of 1983; special assistance (in a form

3 determined by the Secretary of Agriculture) for the nuclear

4 affected islands, as authorized by section 103(f)(2) of the

5 Compact of Free Association Amendments Act of 2003

6 (Public Law 108–188); and the Farmers’ Market Nutrition

7 Program, as authorized by section 17(m) of the Child Nutri8 tion Act of 1966, $179,935,000, to remain available through

9 September 30, 2007: Provided, That none of these funds

10 shall be available to reimburse the Commodity Credit Cor11 poration for commodities donated to the program: Provided

12 further, That notwithstanding any other provision of law,

13 effective with funds made available in fiscal year 2006 to

14 support the Senior Farmers’ Market Nutrition Program, as

15 authorized by section 4402 of Public Law 107–171, such

16 funds shall remain available through September 30, 2007:

17 Provided further, That of the funds made available under

18 section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011

19 et seq.), the Secretary may use up to $10,000,000 for costs

20 associated with the distribution of commodities.

21 NUTRITION PROGRAMS ADMINISTRATION

22 For necessary administrative expenses of the domestic

23 nutrition assistance programs funded under this Act,

24 $140,761,000, of which $5,000,000 shall be available only

25 for simplifying procedures, reducing overhead costs, tight26 ening regulations, improving food stamp benefit delivery,
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HR 2744 EAS

1 and assisting in the prevention, identification, and prosecu2 tion of fraud and other violations of law.

3 TITLE V

4 FOREIGN ASSISTANCE AND RELATED PROGRAMS

5 FOREIGN AGRICULTURAL SERVICE

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Foreign Agricultural

9 Service, including carrying out title VI of the Agricultural

10 Act of 1954 (7 U.S.C. 1761–1768), market development ac11 tivities abroad, and for enabling the Secretary to coordinate

12 and integrate activities of the Department in connection

13 with foreign agricultural work, including not to exceed

14 $158,000 for representation allowances and for expenses

15 pursuant to section 8 of the Act approved August 3, 1956

16 (7 U.S.C. 1766), $147,868,000: Provided, That the Service

17 may utilize advances of funds, or reimburse this appropria18 tion for expenditures made on behalf of Federal agencies,

19 public and private organizations and institutions under

20 agreements executed pursuant to the agricultural food pro21 duction assistance programs (7 U.S.C. 1737) and the for22 eign assistance programs of the United States Agency for

23 International Development.
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HR 2744 EAS

1 PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR

2 PROGRESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the cost, as defined in section 502 of the Congres5 sional Budget Act of 1974, of agreements under the Agricul6 tural Trade Development and Assistance Act of 1954, and

7 the Food for Progress Act of 1985, including the cost of

8 modifying credit arrangements under said Acts,

9 $65,040,000, to remain available until expended: Provided,

10 That the Secretary of Agriculture may implement a com11 modity monetization program under existing provisions of

12 the Food for Progress Act of 1985 to provide no less than

13 $5,000,000 in local-currency funding support for rural elec14 trification development overseas.

15 In addition, for administrative expenses to carry out

16 the credit program of title I, Public Law 83–480, and the

17 Food for Progress Act of 1985, to the extent funds appro18 priated for Public Law 83–480 are utilized, $3,385,000, of

19 which $168,000 may be transferred to and merged with the

20 appropriation for ‘‘Foreign Agricultural Service, Salaries

21 and Expenses’’, and of which $3,217,000 may be transferred

22 to and merged with the appropriation for ‘‘Farm Service

23 Agency, Salaries and Expenses’’.
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HR 2744 EAS

1 PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL

2 GRANTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For ocean freight differential costs for the shipment of

5 agricultural commodities under title I of the Agricultural

6 Trade Development and Assistance Act of 1954 and under

7 the Food for Progress Act of 1985, $11,940,000, to remain

8 available until expended: Provided, That funds made avail9 able for the cost of agreements under title I of the Agricul10 tural Trade Development and Assistance Act of 1954 and

11 for title I ocean freight differential may be used inter12 changeably between the two accounts with prior notice to

13 the Committees on Appropriations of both Houses of Con14 gress.

15 PUBLIC LAW 480 TITLE II GRANTS

16 For expenses during the current fiscal year, not other17 wise recoverable, and unrecovered prior years’ costs, includ18 ing interest thereon, under the Agricultural Trade Develop19 ment and Assistance Act of 1954, for commodities supplied

20 in connection with dispositions abroad under title II of said

21 Act, $1,150,000,000, to remain available until expended.

22 COMMODITY CREDIT CORPORATION EXPORT LOANS

23 PROGRAM ACCOUNT

24 (INCLUDING TRANSFERS OF FUNDS)

25 For administrative expenses to carry out the Com26 modity Credit Corporation’s export guarantee program,
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HR 2744 EAS

1 GSM 102 and GSM 103, $5,279,000; to cover common over2 head expenses as permitted by section 11 of the Commodity

3 Credit Corporation Charter Act and in conformity with the

4 Federal Credit Reform Act of 1990, of which $3,440,000

5 may be transferred to and merged with the appropriation

6 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’,

7 and of which $1,839,000 may be transferred to and merged

8 with the appropriation for ‘‘Farm Service Agency, Salaries

9 and Expenses’’.

10 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

11 AND CHILD NUTRITION PROGRAM GRANTS

12 For necessary expenses to carry out the provisions of

13 section 3107 of the Farm Security and Rural Investment

14 Act of 2002 (7 U.S.C. 1736o–1), $100,000,000, to remain

15 available until expended: Provided, That the Commodity

16 Credit Corporation is authorized to provide the services, fa17 cilities, and authorities for the purpose of implementing

18 such section, subject to reimbursement from amounts pro19 vided herein.
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HR 2744 EAS

1 TITLE VI

2 RELATED AGENCIES AND FOOD AND DRUG

3 ADMINISTRATION

4 DEPARTMENT OF HEALTH AND HUMAN

5 SERVICES

6 FOOD AND DRUG ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Food and Drug Adminis9 tration, including hire and purchase of passenger motor ve10 hicles; for payment of space rental and related costs pursu11 ant to Public Law 92–313 for programs and activities of

12 the Food and Drug Administration which are included in

13 this Act; for rental of special purpose space in the District

14 of Columbia or elsewhere; for miscellaneous and emergency

15 expenses of enforcement activities, authorized and approved

16 by the Secretary and to be accounted for solely on the Sec17 retary’s certificate, not to exceed $25,000; and notwith18 standing section 521 of Public Law 107–188;

19 $1,841,959,000: Provided, That of the amount provided

20 under this heading, $305,332,000 shall be derived from pre21 scription drug user fees authorized by 21 U.S.C. 379h, shall

22 be credited to this account and remain available until ex23 pended, and shall not include any fees pursuant to 21

24 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2007

25 but collected in fiscal year 2006; $40,300,000 shall be de-
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HR 2744 EAS

1 rived from medical device user fees authorized by 21 U.S.C.

2 379j, and shall be credited to this account and remain

3 available until expended; and $11,318,000 shall be derived

4 from animal drug user fees authorized by 21 U.S.C. 379j,

5 and shall be credited to this account and remain available

6 until expended: Provided further, That fees derived from

7 prescription drug, medical device, and animal drug assess8 ments received during fiscal year 2006, including any such

9 fees assessed prior to the current fiscal year but credited

10 during the current year, shall be subject to the fiscal year

11 2006 limitation: Provided further, That none of these funds

12 shall be used to develop, establish, or operate any program

13 of user fees authorized by 31 U.S.C. 9701: Provided further,

14 That of the total amount appropriated: (1) $450,179,000

15 shall be for the Center for Food Safety and Applied Nutri16 tion and related field activities in the Office of Regulatory

17 Affairs; (2) $515,430,000 shall be for the Center for Drug

18 Evaluation and Research and related field activities in the

19 Office of Regulatory Affairs; (3) $178,714,000 shall be for

20 the Center for Biologics Evaluation and Research and for

21 related field activities in the Office of Regulatory Affairs;

22 (4) $99,787,000 shall be for the Center for Veterinary Medi23 cine and for related field activities in the Office of Regu24 latory Affairs; (5) $245,770,000 shall be for the Center for

25 Devices and Radiological Health and for related field ac-
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HR 2744 EAS

1 tivities in the Office of Regulatory Affairs; (6) $41,152,000

2 shall be for the National Center for Toxicological Research;

3 (7) $58,515,000 shall be for Rent and Related activities,

4 other than the amounts paid to the General Services Ad5 ministration for rent; (8) $134,853,000 shall be for pay6 ments to the General Services Administration for rent; and

7 (9) $117,559,000 shall be for other activities, including the

8 Office of the Commissioner; the Office of Management; the

9 Office of External Relations; the Office of Policy and Plan10 ning; and central services for these offices: Provided further,

11 That funds may be transferred from one specified activity

12 to another with the prior approval of the Committees on

13 Appropriations of both Houses of Congress.

14 In addition, mammography user fees authorized by 42

15 U.S.C. 263b may be credited to this account, to remain

16 available until expended.

17 In addition, export certification user fees authorized

18 by 21 U.S.C. 381 may be credited to this account, to remain

19 available until expended.

20 BUILDINGS AND FACILITIES

21 For plans, construction, repair, improvement, exten22 sion, alteration, and purchase of fixed equipment or facili23 ties of or used by the Food and Drug Administration, where

24 not otherwise provided, $7,000,000, to remain available

25 until expended.
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HR 2744 EAS

1 INDEPENDENT AGENCIES

2 COMMODITY FUTURES TRADING COMMISSION

3 For necessary expenses to carry out the provisions of

4 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including

5 the purchase and hire of passenger motor vehicles, and the

6 rental of space (to include multiple year leases) in the Dis7 trict of Columbia and elsewhere, $98,386,000, including not

8 to exceed $3,000 for official reception and representation

9 expenses.

10 FARM CREDIT ADMINISTRATION

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 Not to exceed $44,250,000 (from assessments collected

13 from farm credit institutions and from the Federal Agricul14 tural Mortgage Corporation) shall be obligated during the

15 current fiscal year for administrative expenses as author16 ized under 12 U.S.C. 2249: Provided, That this limitation

17 shall not apply to expenses associated with receiverships:

18 Provided further, That up to an additional 5 percent of

19 the amount of this limitation may be expended for expenses

20 associated with unforeseen termination applications, upon

21 a finding of extraordinary circumstances by the Federal

22 Credit Administration Board.
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HR 2744 EAS

1 TITLE VII

2 GENERAL PROVISIONS

3 SEC. 701. Within the unit limit of cost fixed by law,

4 appropriations and authorizations made for the Depart5 ment of Agriculture for the current fiscal year under this

6 Act shall be available for the purchase, in addition to those

7 specifically provided for, of not to exceed 320 passenger

8 motor vehicles, of which 320 shall be for replacement only,

9 and for the hire of such vehicles.

10 SEC. 702. Hereafter, funds appropriated by this or any

11 other Act to the Department of Agriculture (excluding the

12 Forest Service) shall be available for uniforms or allowances

13 as authorized by law (5 U.S.C. 5901–5902).

14 SEC. 703. Hereafter, funds appropriated by this or any

15 other Act to the Department of Agriculture (excluding the

16 Forest Service) shall be available for employment pursuant

17 to the second sentence of section 706(a) of the Department

18 of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and

19 5 U.S.C. 3109.

20 SEC. 704. New obligational authority provided for the

21 following appropriation items in this Act shall remain

22 available until expended: Animal and Plant Health Inspec23 tion Service, the contingency fund to meet emergency condi24 tions, information technology infrastructure, fruit fly pro25 gram, emerging plant pests, boll weevil program, low patho-
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HR 2744 EAS

1 gen avian influenza program, up to $32,932,000 in animal

2 health monitoring and surveillance for the animal identi3 fication system, up to $2,993,000 in the emergency manage4 ment systems program for the vaccine bank, up to

5 $1,000,000 for wildlife services methods development, up to

6 $1,000,000 of the wildlife services operations program for

7 aviation safety, and up to 25 percent of the screwworm pro8 gram; Food Safety and Inspection Service, field automation

9 and information management project; Cooperative State

10 Research, Education, and Extension Service, funds for com11 petitive research grants (7 U.S.C. 450i(b)), funds for the

12 Research, Education, and Economics Information System,

13 and funds for the Native American Institutions Endowment

14 Fund; Farm Service Agency, salaries and expenses funds

15 made available to county committees; Foreign Agricultural

16 Service, middle-income country training program, and up

17 to $2,000,000 of the Foreign Agricultural Service appro18 priation solely for the purpose of offsetting fluctuations in

19 international currency exchange rates, subject to docu20 mentation by the Foreign Agricultural Service.

21 SEC. 705. Hereafter, the Secretary of Agriculture may

22 transfer unobligated balances of discretionary funds appro23 priated by this or any other Act or other available unobli24 gated discretionary balances of the Department of Agri25 culture to the Working Capital Fund for the acquisition of
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HR 2744 EAS

1 plant and capital equipment necessary for the delivery of

2 financial, administrative, and information technology serv3 ices of primary benefit to the agencies of the Department

4 of Agriculture: Provided, That none of the funds made

5 available by this Act or any other Act shall be transferred

6 to the Working Capital Fund without the prior approval

7 of the agency administrator: Provided further, That none

8 of the funds transferred to the Working Capital Fund pur9 suant to this section shall be available for obligation with10 out the prior approval of the Committees on Appropriations

11 of both Houses of Congress.

12 SEC. 706. No part of any appropriation contained in

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

15 SEC. 707. Hereafter, not to exceed $50,000 of the funds

16 appropriated by this or any other Act to the Department

17 of Agriculture (excluding the Forest Service) shall be avail18 able to provide appropriate orientation and language train19 ing pursuant to section 606C of the Act of August 28, 1954

20 (7 U.S.C. 1766b).

21 SEC. 708. No funds appropriated by this Act may be

22 used to pay negotiated indirect cost rates on cooperative

23 agreements or similar arrangements between the United

24 States Department of Agriculture and nonprofit institu25 tions in excess of 10 percent of the total direct cost of the
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1 agreement when the purpose of such cooperative arrange2 ments is to carry out programs of mutual interest between

3 the two parties. This does not preclude appropriate pay4 ment of indirect costs on grants and contracts with such

5 institutions when such indirect costs are computed on a

6 similar basis for all agencies for which appropriations are

7 provided in this Act.

8 SEC. 709. None of the funds in this Act shall be avail9 able to pay indirect costs charged against competitive agri10 cultural research, education, or extension grant awards

11 issued by the Cooperative State Research, Education, and

12 Extension Service that exceed 20 percent of total Federal

13 funds provided under each award: Provided, That notwith14 standing section 1462 of the National Agricultural Re15 search, Extension, and Teaching Policy Act of 1977 (7

16 U.S.C. 3310), funds provided by this Act for grants award17 ed competitively by the Cooperative State Research, Edu18 cation, and Extension Service shall be available to pay full

19 allowable indirect costs for each grant awarded under sec20 tion 9 of the Small Business Act (15 U.S.C. 638).

21 SEC. 710. Hereafter, loan levels provided in this or any

22 other Act to the Department of Agriculture shall be consid23 ered estimates, not limitations.

24 SEC. 711. Appropriations to the Department of Agri25 culture for the cost of direct and guaranteed loans made
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1 available in the current fiscal year shall remain available

2 until expended to cover obligations made in the current fis3 cal year for the following accounts: the Rural Development

4 Loan Fund program account, the Rural Telephone Bank

5 program account, the Rural Electrification and Tele6 communication Loans program account, and the Rural

7 Housing Insurance Fund program account.

8 SEC. 712. Of the funds made available by this Act, not

9 more than $1,800,000 shall be used to cover necessary ex10 penses of activities related to all advisory committees, pan11 els, commissions, and task forces of the Department of Agri12 culture, except for panels used to comply with negotiated

13 rule makings and panels used to evaluate competitively

14 awarded grants.

15 SEC. 713. None of the funds appropriated by this Act

16 may be used to carry out section 410 of the Federal Meat

17 Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry

18 Products Inspection Act (21 U.S.C. 471).

19 SEC. 714. No employee of the Department of Agri20 culture may be detailed or assigned from an agency or office

21 funded by this Act to any other agency or office of the De22 partment for more than 30 days unless the individual’s em23 ploying agency or office is fully reimbursed by the receiving

24 agency or office for the salary and expenses of the employee

25 for the period of assignment.
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1 SEC. 715. None of the funds appropriated or otherwise

2 made available to the Department of Agriculture shall be

3 used to transmit or otherwise make available to any non4 Department of Agriculture employee questions or responses

5 to questions that are a result of information requested for

6 the appropriations hearing process.

7 SEC. 716. None of the funds made available to the De8 partment of Agriculture by this Act may be used to acquire

9 new information technology systems or significant up10 grades, as determined by the Office of the Chief Information

11 Officer, without the approval of the Chief Information Offi12 cer and the concurrence of the Executive Information Tech13 nology Investment Review Board: Provided, That notwith14 standing any other provision of law, none of the funds ap15 propriated or otherwise made available by this Act may be

16 transferred to the Office of the Chief Information Officer

17 without the prior approval of the Committees on Appro18 priations of both Houses of Congress: Provided further, That

19 none of the funds available to the Department of Agriculture

20 for information technology shall be obligated for projects

21 over $25,000 prior to receipt of written approval by the

22 Chief Information Officer.

23 SEC. 717. (a) Hereafter, none of the funds appro24 priated by this or any other Act to the agencies funded by

25 this Act, or provided from accounts in the Treasury of the
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1 United States derived by the collection of fees available to

2 the agencies funded by this Act, shall be available for obliga3 tion or expenditure through a reprogramming of funds

4 which: (1) creates new programs; (2) eliminates a program,

5 project, or activity; (3) increases funds or personnel by any

6 means for any project or activity for which funds have been

7 denied or restricted; (4) relocates an office or employees; (5)

8 reorganizes offices, programs, or activities; or (6) contracts

9 out or privatizes any functions or activities presently per10 formed by Federal employees; unless the Committees on Ap11 propriations of both Houses of Congress are notified 15 days

12 in advance of such reprogramming of funds.

13 (b) Hereafter, none of the funds appropriated by this

14 or any other Act to the agencies funded by this Act, or pro15 vided from accounts in the Treasury of the United States

16 derived by the collection of fees available to the agencies

17 funded by this Act, shall be available for obligation or ex18 penditure for activities, programs, or projects through a re19 programming of funds in excess of $500,000 or 10 percent,

20 whichever is less, that: (1) augments existing programs,

21 projects, or activities; (2) reduces by 10 percent funding for

22 any existing program, project, or activity, or numbers of

23 personnel by 10 percent as approved by Congress; or (3)

24 results from any general savings from a reduction in per25 sonnel which would result in a change in existing programs,
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1 activities, or projects as approved by Congress; unless the

2 Committees on Appropriations of both Houses of Congress

3 are notified 15 days in advance of such reprogramming of

4 funds.

5 (c) Hereafter, the Secretary of Agriculture, the Sec6 retary of Health and Human Services, or the Chairman

7 of the Commodity Futures Trading Commission shall notify

8 the Committees on Appropriations of both Houses of Con9 gress before implementing a program or activity not carried

10 out during the previous fiscal year unless the program or

11 activity is funded by this Act or specifically funded by any

12 other Act.

13 SEC. 718. With the exception of funds needed to ad14 minister and conduct oversight of grants awarded and obli15 gations incurred in prior fiscal years, none of the funds

16 appropriated or otherwise made available by this or any

17 other Act may be used to pay the salaries and expenses of

18 personnel to carry out the provisions of section 401 of Pub19 lic Law 105–185, the Initiative for Future Agriculture and

20 Food Systems (7 U.S.C. 7621).

21 SEC. 719. None of the funds appropriated by this or

22 any other Act shall be used to pay the salaries and expenses

23 of personnel who prepare or submit appropriations lan24 guage as part of the President’s Budget submission to the

25 Congress of the United States for programs under the juris-
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1 diction of the Appropriations Subcommittees on Agri2 culture, Rural Development, Food and Drug Administra3 tion, and Related Agencies that assumes revenues or reflects

4 a reduction from the previous year due to user fees pro5 posals that have not been enacted into law prior to the sub6 mission of the Budget unless such Budget submission identi7 fies which additional spending reductions should occur in

8 the event the user fees proposals are not enacted prior to

9 the date of the convening of a committee of conference for

10 the fiscal year 2006 appropriations Act.

11 SEC. 720. None of the funds made available by this

12 or any other Act may be used to close or relocate a State

13 Rural Development office unless or until cost effectiveness

14 and enhancement of program delivery have been deter15 mined.

16 SEC. 721. In addition to amounts otherwise appro17 priated or made available by this Act, $2,500,000 is appro18 priated for the purpose of providing Bill Emerson and

19 Mickey Leland Hunger Fellowships, through the Congres20 sional Hunger Center.

21 SEC. 722. Hereafter, notwithstanding section 412 of

22 the Agricultural Trade Development and Assistance Act of

23 1954 (7 U.S.C. 1736f), any balances available to carry out

24 title III of such Act as of the date of enactment of this Act,

25 and any recoveries and reimbursements that become avail-
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1 able to carry out title III of such Act, may be used to carry

2 out title II of such Act.

3 SEC. 723. Section 375(e)(6)(B) of the Consolidated

4 Farm and Rural Development Act (7 U.S.C.

5 2008j(e)(6)(B)) is amended by striking ‘‘$27,998,000’’ and

6 inserting ‘‘$29,998,000’’.

7 SEC. 724. Notwithstanding any other provision of law,

8 and until receipt of the decennial Census in the year 2010,

9 the Secretary of Agriculture shall consider the City of Butte/

10 Silverbow, Montana, Cleburne County, Arkansas, and the

11 designated Census track areas for the Upper Kanawha Val12 ley Enterprise Community, rural areas for purposes of eli13 gibility for rural development programs.

14 SEC. 725. Notwithstanding any other provision of law,

15 the Natural Resources Conservation Service may provide fi16 nancial and technical assistance through the Watershed and

17 Flood Prevention Operations program for the Matanuska

18 River erosion control project in Alaska, Little Otter Creek

19 project in Missouri, the Manoa Watershed project in Ha20 waii, the West Tarkio project in Iowa, the Steeple Run and

21 West Branch DuPage River Watershed projects in DuPage

22 County, Illinois, and the Coal Creek project in Utah.

23 SEC. 726. Hereafter, none of the funds made available

24 in this Act may be transferred to any department, agency,

25 or instrumentality of the United States Government, except
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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this or any other appropriation Act.

3 SEC. 727. Notwithstanding any other provision of law,

4 of the funds made available in this Act for competitive re5 search grants (7 U.S.C. 450i(b)), the Secretary may use up

6 to 20 percent of the amount provided to carry out a com7 petitive grants program under the same terms and condi8 tions as those provided in section 401 of the Agricultural

9 Research, Extension, and Education Reform Act of 1998

10 (7 U.S.C. 7621).

11 SEC. 728. None of the funds appropriated or made

12 available by this or any other Act may be used to pay the

13 salaries and expenses of personnel to carry out section

14 14(h)(1) of the Watershed Protection and Flood Prevention

15 Act (16 U.S.C. 1012(h)(1)).

16 SEC. 729. None of the funds made available to the Food

17 and Drug Administration by this Act shall be used to close

18 or relocate, or to plan to close or relocate, the Food and

19 Drug Administration Division of Pharmaceutical Analysis

20 in St. Louis, Missouri, outside the city or county limits

21 of St. Louis, Missouri.

22 SEC. 730. None of the funds appropriated or made

23 available by this or any other Act may be used to pay the

24 salaries and expenses of personnel to carry out subtitle I
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1 of the Consolidated Farm and Rural Development Act (7

2 U.S.C. 2009dd through dd–7).

3 SEC. 731. Hereafter, agencies and offices of the Depart4 ment of Agriculture may utilize any unobligated salaries

5 and expenses funds to reimburse the Office of the General

6 Counsel for salaries and expenses of personnel, and for other

7 related expenses, incurred in representing such agencies and

8 offices in the resolution of complaints by employees or ap9 plicants for employment, and in cases and other matters

10 pending before the Equal Employment Opportunity Com11 mission, the Federal Labor Relations Authority, or the

12 Merit Systems Protection Board with the prior approval

13 of the Committees on Appropriations of both Houses of Con14 gress.

15 SEC. 732. None of the funds appropriated or made

16 available by this or any other Act may be used to pay the

17 salaries and expenses of personnel to carry out section 6405

18 of Public Law 107–171 (7 U.S.C. 2655).

19 SEC. 733. Hereafter, the Agricultural Marketing Serv20 ice and the Grain Inspection, Packers and Stockyards Ad21 ministration, that have statutory authority to purchase in22 terest bearing investments outside of the Treasury, are not

23 required to establish obligations and outlays for those in24 vestments, provided those investments are insured by the

25 Federal Deposit Insurance Corporation or are collateralized
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1 at the Federal Reserve with securities approved by the Fed2 eral Reserve, operating under the guidelines of the United

3 States Department of the Treasury.

4 SEC. 734. None of the funds appropriated or otherwise

5 made available by this or any other Act shall be used to

6 pay the salaries and expenses of personnel to enroll in excess

7 of 150,000 acres in the calendar year 2006 wetlands reserve

8 program as authorized by 16 U.S.C. 3837.

9 SEC. 735. None of the funds appropriated or otherwise

10 made available by this or any other Act shall be used to

11 pay the salaries and expenses of personnel who carry out

12 an environmental quality incentives program authorized by

13 chapter 4 of subtitle D of title XII of the Food Security

14 Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of

15 $1,017,000,000.

16 SEC. 736. None of the funds appropriated or otherwise

17 made available by this or any other Act shall be used to

18 pay the salaries and expenses of personnel to expend the

19 $23,000,000 made available by section 9006(f) of the Farm

20 Security and Rural Investment Act of 2002 (7 U.S.C.

21 8106(f)).

22 SEC. 737. With the exception of funds provided in fis23 cal year 2003, none of the funds appropriated or otherwise

24 made available by this or any other Act shall be used to

25 pay the salaries and expenses of personnel to expend the
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1 $50,000,000 made available by section 601(j)(1)(A) of the

2 Rural Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)).

3 SEC. 738. None of the funds made available in fiscal

4 year 2006 or preceding fiscal years for programs authorized

5 under the Agricultural Trade Development and Assistance

6 Act of 1954 (7 U.S.C. 1691 et seq.) in excess of $20,000,000

7 shall be used to reimburse the Commodity Credit Corpora8 tion for the release of eligible commodities under section

9 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act

10 (7 U.S.C. 1736f–1): Provided, That any such funds made

11 available to reimburse the Commodity Credit Corporation

12 shall only be used pursuant to section 302(b)(2)(B)(i) of

13 the Bill Emerson Humanitarian Trust Act.

14 SEC. 739. None of the funds appropriated or otherwise

15 made available by this or any other Act shall be used to

16 pay the salaries and expenses of personnel to expend the

17 $120,000,000 made available by section 6401(a) of Public

18 Law 107–171.

19 SEC. 740. Notwithstanding subsections (c) and (e)(2)

20 of section 313A of the Rural Electrification Act (7 U.S.C.

21 940c(c) and (e)(2)) in implementing section 313A of that

22 Act, the Secretary shall, with the consent of the lender,

23 structure the schedule for payment of the annual fee, not

24 to exceed an average of 30 basis points per year for the

25 term of the loan, to ensure that sufficient funds are avail-
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1 able to pay the subsidy costs for note guarantees under that

2 section.

3 SEC. 741. None of the funds appropriated or otherwise

4 made available by this or any other Act shall be used to

5 pay the salaries and expenses of personnel to carry out sec6 tion 2502 of Public Law 107–171 in excess of $47,000,000.

7 SEC. 742. Of the unobligated balances available in the

8 Special Supplemental Nutrition Program for Women, In9 fants, and Children reserve account, $32,000,000 is hereby

10 rescinded.

11 SEC. 743. Not more than $10,000,000 for fiscal year

12 2006 of the funds appropriated or otherwise made available

13 by this or any other Act shall be used to carry out section

14 6029 of Public Law 107–171.

15 SEC. 744. None of the funds appropriated or otherwise

16 made available by this or any other Act shall be used to

17 pay the salaries and expenses of personnel to carry out a

18 ground and surface water conservation program authorized

19 by section 2301 of Public Law 107–171 in excess of

20 $51,000,000.

21 SEC. 745. None of the funds made available by this

22 Act may be used to issue a final rule in furtherance of,

23 or otherwise implement, the proposed rule on cost-sharing

24 for animal and plant health emergency programs of the
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1 Animal and Plant Health Inspection Service published on

2 July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg. 40541).

3 SEC. 746. None of the funds made available in this

4 Act may be used to study, complete a study of, or enter

5 into a contract with a private party to carry out, without

6 specific authorization in a subsequent Act of Congress, a

7 competitive sourcing activity of the Secretary of Agri8 culture, including support personnel of the Department of

9 Agriculture, relating to rural development or farm loan

10 programs or for reimbursement of administrative costs

11 under section 16(a) of the Food Stamp Act of 1977 (7

12 U.S.C. 2025(a)) to a State agency for which more than 10

13 percent of the costs (other than costs for issuance of benefits

14 or nutrition education) are obtained under contract.

15 SEC. 747. Hereafter, notwithstanding any other provi16 sion of law, the Secretary of Agriculture may use appro17 priations available to the Secretary for activities authorized

18 under sections 426–426c of title 7, United States Code,

19 under this or any other Act, to enter into cooperative agree20 ments, with a State, political subdivision, or agency thereof,

21 a public or private agency, organization, or any other per22 son, to lease aircraft if the Secretary determines that the

23 objectives of the agreement will: (1) serve a mutual interest

24 of the parties to the agreement in carrying out the programs

25 administered by the Animal and Plant Health Inspection
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1 Service, Wildlife Services; and (2) all parties will con2 tribute resources to the accomplishment of these objectives;

3 award of a cooperative agreement authorized by the Sec4 retary may be made for an initial term not to exceed 5

5 years.

6 SEC. 748. None of the funds appropriated or otherwise

7 made available by this or any other Act shall be used to

8 pay the salaries and expenses of personnel to carry out sec9 tion 9010 of Public Law 107–171 in excess of $60,000,000.

10 SEC. 749. Hereafter, agencies and offices of the Depart11 ment of Agriculture may utilize any available discretionary

12 funds to cover the costs of preparing, or contracting for the

13 preparation of, final agency decisions regarding complaints

14 of discrimination in employment or program activities

15 arising within such agencies and offices.

16 SEC. 750. Funds made available under section 1240I

17 and section 1241(a) of the Food Security Act of 1985 in

18 the current fiscal year shall remain available until ex19 pended to cover obligations made in the current fiscal year,

20 and are not available for new obligations.

21 SEC. 751. There is hereby appropriated $1,500,000, to

22 remain available until expended, for the Denali Commis23 sion to address deficiencies in solid waste disposal sites

24 which threaten to contaminate rural drinking water sup25 plies.
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1 SEC. 752. Notwithstanding any other provision of

2 law—

3 (1)(A) the Alaska Department of Community

4 and Economic Development shall be eligible to receive

5 a water and waste disposal grant under section

6 306(a) of the Consolidated Farm and Rural Develop7 ment Act (7 U.S.C. 1926(a)) in an amount that is

8 equal to not more than 75 percent of the total cost of

9 providing water and sewer service to the proposed

10 hospital in the Matanuska-Susitna Borough, Alaska;

11 and

12 (B) the Alaska Department of Community and

13 Economic Development shall be allowed to pass the

14 grant funds through to the local government entity

15 that will provide water and sewer service to the hos16 pital;

17 (2) or any percentage of cost limitation in cur18 rent law or regulations, the construction projects

19 known as the Tri-Valley Community Center addition

20 in Healy, Alaska; the Cold Climate Housing Research

21 Center in Fairbanks, Alaska; and the University of

22 Alaska-Fairbanks Allied Health Learning Center skill

23 labs/classrooms shall be eligible to receive Community

24 Facilities grants in amounts that are equal to not

25 more than 75 percent of the total facility costs: Pro-
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1 vided, That for the purposes of this paragraph, the

2 Cold Climate Housing Research Center is designated

3 an ‘‘essential community facility’’ for rural Alaska;

4 (3) for any fiscal year and hereafter, in the case

5 of a high cost isolated rural area in Alaska that is

6 not connected to a road system, the maximum level

7 for the single family housing assistance shall be 150

8 percent of the median household income level in the

9 nonmetropolitan areas of the State and 115 percent

10 of all other eligible areas of the State;

11 (4)(A) the Natural Resources Conservation Serv12 ice shall provide financial and technical assistance

13 through the Watershed and Flood Prevention Oper14 ations program to carry out the East Locust Creek

15 Watershed Plan Revision in Missouri; and

16 (B) the Natural Resources Conservation Service

17 is authorized to provide 100 percent of the engineer18 ing assistance and 75 percent cost share for construc19 tion cost of the project; and

20 (5) any former RUS borrower that has repaid or

21 prepaid an insured, direct or guaranteed loan under

22 the Rural Electrification Act, or any not-for-profit

23 utility that is eligible to receive an insured or direct

24 loan under such Act, shall be eligible for assistance
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1 under Section 313(b)(2)(B) of such Act in the same

2 manner as a borrower under such Act.

3 SEC. 753. Hereafter, notwithstanding the provisions of

4 the Consolidated Farm and Rural Development Act (in5 cluding the associated regulations) governing the Commu6 nity Facilities Program, the Secretary may allow all Com7 munity Facility Program facility borrowers and grantees

8 to enter into contracts with not-for-profit third parties for

9 services consistent with the requirements of the Program,

10 grant, and/or loan: Provided, That the contracts protect the

11 interests of the Government regarding cost, liability, main12 tenance, and administrative fees.

13 SEC. 754. Hereafter, notwithstanding any other provi14 sion of law, the Secretary of Agriculture is authorized to

15 make funding and other assistance available through the

16 emergency watershed protection program under section 403

17 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to

18 repair and prevent damage to non-Federal land in water19 sheds that have been impaired by fires initiated by the Fed20 eral Government and shall waive cost sharing requirements

21 for the funding and assistance.

22 SEC. 755. None of the funds provided in this Act may

23 be used for salaries and expenses to carry out any regula24 tion or rule insofar as it would make ineligible for enroll25 ment in the conservation reserve program established under
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1 subchapter B of chapter 1 of subtitle D of title XII of the

2 Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land

3 that is planted to hardwood trees as of the date of enactment

4 of this Act and was enrolled in the conservation reserve pro5 gram under a contract that expired prior to calendar year

6 2002.

7 SEC. 756. None of the funds made available under this

8 Act shall be available to pay the administrative expenses

9 of a State agency that, after the date of enactment of this

10 Act, authorizes any new for-profit vendor(s) to transact food

11 instruments under the Special Supplemental Nutrition

12 Program for Women, Infants, and Children if it is expected

13 that more than 50 percent of the annual revenue of the ven14 dor from the sale of food items will be derived from the sale

15 of supplemental foods that are obtained with WIC food in16 struments, except that the Secretary may approve the au17 thorization of such a vendor if the approval is necessary

18 to assure participant access to program benefits.

19 SEC. 757. The Secretary of Agriculture may use any

20 unobligated carryover funds made available for any pro21 gram administered by the Rural Utilities Service (not in22 cluding funds made available under the heading ‘‘Rural

23 Community Advancement Program’’ in any Act of appro24 priation) to carry out section 315 of the Rural Electrifica25 tion Act of 1936 (7 U.S.C. 940e).
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1 SEC. 758. There is hereby appropriated $1,000,000, to

2 remain available until expended, to carry out provisions

3 of section 751 of division A of Public Law 108–7.

4 SEC. 759. There is hereby appropriated $500,000 for

5 a grant to Alaska Village Initiatives for the purpose of ad6 ministering a private lands wildlife management program

7 in Alaska.

8 SEC. 760. There is hereby appropriated $2,250,000, to

9 remain available until expended, for a grant to the Wis10 consin Federation of Cooperatives for pilot Wisconsin-Min11 nesota health care cooperative purchasing alliances.

12 SEC. 761. Hereafter, notwithstanding any other provi13 sion of law, effective with funds made available in fiscal

14 year 2004 to States administering the Child and Adult Care

15 Food Program, for the purpose of conducting audits of par16 ticipating institutions, funds identified by the Secretary as

17 having been unused during the initial fiscal year of avail18 ability may be recovered and reallocated by the Secretary:

19 Provided, That States may use the reallocated funds until

20 expended for the purpose of conducting audits of partici21 pating institutions.

22 SEC. 762. The Secretary of Agriculture is authorized

23 and directed to quitclaim to the City of Elkhart, Kansas,

24 all rights, title and interests of the United States in that

25 tract of land comprising 151.7 acres, more or less, located
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1 in Morton County, Kansas, and more specifically described

2 in a deed dated March 11, 1958, from the United States

3 of America to the City of Elkhart, State of Kansas, and

4 filed of record April 4, 1958 at Book 34 at Page 520 in

5 the office of the Register of Deeds of Morton County, Kansas.

6 SEC. 763. There is hereby appropriated $5,000,000 to

7 carry out the Healthy Forests Reserve Program authorized

8 under Title V of Public Law 108–148 (16 U.S.C. 6571–

9 6578).

10 SEC. 764. None of the funds provided in this Act may

11 be used for salaries and expenses to draft or implement any

12 regulation or rule insofar as it would require recertification

13 of rural status for each electric and telecommunications bor14 rower for the Rural Electrification and Telecommunication

15 Loans program.

16 SEC. 765. None of the funds appropriated or otherwise

17 made available by this or any other Act shall be used to

18 pay the salaries and expenses of personnel to carry out a

19 Biomass Research and Development Program in excess of

20 $12,000,000, as authorized by Public Law 106–224 (7

21 U.S.C. 7624 note).

22 SEC. 766. The Rural Electrification Act of 1936 is

23 amended by inserting after section 315 (7 U.S.C. 940e) the

24 following:
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1 ‘‘SEC. 316. EXTENSION OF PERIOD OF EXISTING

2 GUARANTEE.

3 ‘‘(a) IN GENERAL.—Subject to the limitations in this

4 section and the provisions of the Federal Credit Reform Act

5 of 1990, as amended, a borrower of a loan made by the

6 Federal Financing Bank and guaranteed under this Act

7 may request an extension of the final maturity of the out8 standing principal balance of such loan or any loan ad9 vance thereunder. If the Secretary and the Federal Financ10 ing Bank approve such an extension, then the period of the

11 existing guarantee shall also be considered extended.

12 ‘‘(b) LIMITATIONS.—

13 ‘‘(1) FEASIBILITY AND SECURITY.—Extensions

14 under this section shall not be made unless the Sec15 retary first finds and certifies that, after giving effect

16 to the extension, in his judgment the security for all

17 loans to the borrower made or guaranteed under this

18 Act is reasonably adequate and that all such loans

19 will be repaid within the time agreed.

20 ‘‘(2) EXTENSION OF USEFUL LIFE OR COLLAT21 ERAL.—Extensions under this section shall not be

22 granted unless the borrower first submits with its re23 quest either—

24 ‘‘(A) evidence satisfactory to the Secretary

25 that a Federal or State agency with jurisdiction
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1 and expertise has made an official determina2 tion, such as through a licensing proceeding, ex3 tending the useful life of a generating plant or

4 transmission line pledged as collateral to or be5 yond the new final maturity date being requested

6 by the borrower, or

7 ‘‘(B) a certificate from an independent li8 censed engineer concluding, on the basis of a

9 thorough engineering analysis satisfactory to the

10 Secretary, that the useful life of the generating

11 plant or transmission line pledged as collateral

12 extends to or beyond the new final maturity date

13 being requested by the borrower.

14 ‘‘(3) AMOUNT ELIGIBLE FOR EXTENSION.—Ex15 tensions under this section shall not be granted if the

16 principal balance extended exceeds the appraised

17 value of the generating plant or transmission line re18 ferred to in subsection paragraph (2).

19 ‘‘(4) PERIOD OF EXTENSION.—Extensions under

20 this section shall in no case result in a final maturity

21 greater than 55 years from the time of original dis22 bursement and shall in no case result in a final ma23 turity greater than the useful life of the plant.
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1 ‘‘(5) NUMBER OF EXTENSIONS.—Extensions

2 under this section shall not be granted more than once

3 per loan advance.

4 ‘‘(c) FEES.—

5 ‘‘(1) IN GENERAL.—A borrower that receives an

6 extension under this section shall pay a fee to the Sec7 retary which shall be credited to the Rural Elec8 trification and Telecommunications Loans Program

9 account. Such fees shall remain available without fis10 cal year limitation to pay the modification costs for

11 extensions.

12 ‘‘(2) AMOUNT.—The amount of the fee paid shall

13 be equal to the modification cost, calculated in ac14 cordance with section 502 of the Federal Credit Re15 form Act of 1990, as amended, of such extension.

16 ‘‘(3) PAYMENT.—The borrower shall pay the fee

17 required under this section at the time the existing

18 guarantee is extended by making a payment in the

19 amount of the required fee.’’.

20 SEC. 767. Notwithstanding any other provision of law,

21 none of the funds provided for in this or any other Act may

22 be used in this and each fiscal year hereafter for the review,

23 clearance, or approval for sale in the United States of any

24 contact lens unless the manufacturer certifies that it makes

25 any contact lens it produces, markets, distributes, or sells
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1 available in a commercially reasonable and non-discrimi2 natory manner directly to and generally within all alter3 native channels of distribution: Provided, That for the pur4 poses of this section, the term ‘manufacturer’ includes the

5 manufacturer and its parents, subsidiaries, affiliates, suc6 cessors and assigns, and ‘alternative channels of distribu7 tion’ means any mail order company, Internet retailer,

8 pharmacy, buying club, department store, mass merchan9 dise outlet or other appropriate distribution alternative

10 without regard to whether it is associated with a prescriber:

11 Provided further, That nothing in this section shall be inter12 preted as waiving any obligation of a seller under 15 U.S.C.

13 7603: Provided further, That to facilitate compliance with

14 this section, 15 U.S.C. 7605 is amended by inserting after

15 the period: ‘‘A manufacturer shall make any contact lens

16 it produces, markets, distributes or sells available in a com17 mercially reasonable and non-discriminatory manner di18 rectly to and generally within all alternative channels of

19 distribution; provided that, for the purposes of this section,

20 the term ‘alternative channels of distribution’ means any

21 mail order company, Internet retailer, pharmacy, buying

22 club, department store, mass merchandise outlet or other

23 appropriate distribution alternative without regard to

24 whether it is associated with a prescriber; the term ‘manu25 facturer’ includes the manufacturer and its parents, sub-
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1 sidiaries, affiliates, successors and assigns; and any rule

2 prescribed under this section shall take effect not later than

3 60 days after the date of enactment.’’

4 SEC. 768. (a) IN GENERAL.—Hereafter, the Secretary

5 of Health and Human Services, on behalf of the United

6 States may, whenever the Secretary deems desirable, relin7 quish to the State of Arkansas all or part of the jurisdiction

8 of the United States over the lands and properties encom9 passing the Jefferson Labs campus in the State of Arkansas

10 that are under the supervision or control of the Secretary.

11 (b) TERMS.—Relinquishment of jurisdiction under

12 this section may be accomplished, under terms and condi13 tions that the Secretary deems advisable,

14 (1) by filing with the Governor of the State of

15 Arkansas a notice of relinquishment to take effect

16 upon acceptance thereof; or

17 (2) as the laws of such State may otherwise pro18 vide.

19 (c) DEFINITION.—In this section, the term ‘‘Jefferson

20 Labs campus’’ means the lands and properties of the Na21 tional Center for Toxicological Research and the Arkansas

22 Regional Laboratory.

23 SEC. 769. Section 204(b)(3)(A) of the Child Nutrition

24 and WIC Reauthorization Act of 2004 (118 Stat. 781; 42
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1 U.S.C. 1751 note) is amended by striking ‘‘July 1, 2006’’

2 and inserting ‘‘October 1, 2005’’.

3 SEC. 770. (a) Section 18(f)(1)(B) of the Richard B.

4 Russell National School Lunch Act (42 U.S.C.

5 1769(f)(1)(B)) is amended—

6 (1) by striking ‘‘April 2004’’ and inserting

7 ‘‘June 2005’’; and

8 (2) in clause (ii), by striking ‘‘66.67’’ and insert9 ing ‘‘75’’.

10 (b) The amendments made by subsection (a) take effect

11 on January 1, 2006.

12 SEC. 771. There is hereby appropriated $1,250,000 to

13 the National Agricultural Imagery Program to acquire one

14 meter natural color digital ortho-imagery of the entire state

15 of Utah.

16 SEC. 772. Notwithstanding any other provision of law,

17 for eligibility to participate in the Environmental Quality

18 Incentives Program (EQIP), a producer is deemed to have

19 an interest in a farming or ranching operation whether the

20 source of income for that operation is derived from crops

21 or livestock owned by that producer, or owned by another

22 and raised by that producer.

23 SEC. 773. None of the funds in this Act may be used

24 to retire more than 5 percent of the Class A stock of the

25 Rural Telephone Bank, except in the event of liquidation
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1 or dissolution of the telephone bank during fiscal year 2006,

2 pursuant to section 411 of the Rural Electrification Act of

3 1936, as amended, or to maintain any account or sub4 account within the accounting records of the Rural Tele5 phone Bank the creation of which has not specifically been

6 authorized by statute: Provided, That notwithstanding any

7 other provision of law, none of the funds appropriated or

8 otherwise made available in this Act may be used to trans9 fer to the Treasury or to the Federal Financing Bank any

10 unobligated balance of the Rural Telephone Bank telephone

11 liquidating account which is in excess of current require12 ments and such balance shall receive interest as set forth

13 for financial accounts in section 505(c) of the Federal Cred14 it Reform Act of 1990.

15 SEC. 774. There is hereby appropriated $2,000,000 to

16 carry out Section 120 of Public Law 108–265 in Utah and

17 Wisconsin.

18 SEC. 775. There is hereby appropriated $700,000 to

19 provide administrative support for a world food hunger or20 ganization: Provided, That none of the funds may be used

21 for a monetary award to an individual.

22 SEC. 776. Notwithstanding any other provision of law,

23 the Secretary of Agriculture may consider the Municipality

24 of Carolina, Puerto Rico, as meeting the eligibility require-
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1 ments for loans and grants programs in the Rural Develop2 ment mission area.

3 SEC. 777. It is the sense of the Senate that the United

4 States Government should not permit the importation into

5 the United States of beef from Japan until the Government

6 of Japan takes appropriate actions to permit the importa7 tion into Japan of beef from the United States.

8 SEC. 778. None of the funds made available under this

9 Act shall be used by the Secretary of Agriculture for the

10 purpose of developing a final rule relating to the proposed

11 rule entitled ‘‘Importation of Whole Cuts of Boneless Beef

12 from Japan’’, dated August 18, 2005 (70 Fed. Reg. 48494),

13 to allow the importation of beef from Japan, unless the

14 President certifies to Congress that Japan has granted open

15 access to Japanese markets for beef and beef products pro16 duced in the United States.

17 SEC. 779. (a) Section 8c(5) of the Agricultural Adjust18 ment Act (7 U.S.C. 608c(5)), reenacted with amendments

19 by the Agricultural Marketing Agreement Act of 1937, is

20 amended by adding at the end the following:

21 ‘‘(M) MINIMUM MILK PRICES FOR HAN22 DLERS.—

23 ‘‘(i) APPLICATION OF MINIMUM PRICE

24 REQUIREMENTS.—Notwithstanding any

25 other provision of this section, a milk han-
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1 dler described in clause (ii) shall be subject

2 to all of the minimum and uniform price

3 requirements of a Federal milk marketing

4 order issued pursuant to this section appli5 cable to the county in which the plant of the

6 handler is located, at Federal order class

7 prices, if the handler has packaged fluid

8 milk product route dispositions, or sales of

9 packaged fluid milk products to other

10 plants, in a marketing area located in a

11 State that requires handlers to pay min12 imum prices for raw milk purchases.

13 ‘‘(ii) COVERED MILK HANDLERS.—Ex14 cept as provided in clause (iv), clause (i)

15 applies to a handler of Class I milk prod16 ucts (including a producer-handler or pro17 ducer operating as a handler) that—

18 ‘‘(I) operates a plant that is lo19 cated within the boundaries of a Fed20 eral order milk marketing area (as

21 those boundaries are in effect on the

22 date of enactment of this subpara23 graph);

24 ‘‘(II) has packaged fluid milk

25 product route dispositions, or sales of
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1 packaged fluid milk products to other

2 plants, in a milk marketing area lo3 cated in a State that requires handlers

4 to pay minimum prices for raw milk

5 purchases; and

6 ‘‘(III) is not otherwise obligated

7 by a Federal milk marketing order, or

8 a regulated milk pricing plan operated

9 by a State, to pay minimum class

10 prices for the raw milk that is used for

11 the milk dispositions or sales.

12 ‘‘(iii) OBLIGATION TO PAY MINIMUM

13 CLASS PRICES.—For the purpose of clause

14 (ii)(III), the Secretary may not consider a

15 handler of Class I milk products to be obli16 gated by a Federal milk marketing order to

17 pay minimum class prices for raw milk un18 less the handler operates the plant as a fully

19 regulated fluid milk distributing plant

20 under a Federal milk marketing order.

21 ‘‘(iv) CERTAIN HANDLERS EXEMPT22 ED.—Clause (i) does not apply to—

23 ‘‘(I) a handler (otherwise de24 scribed in clause (ii)) that operates a

25 nonpool plant (as defined in section
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1 1000.8(e) of title 7, Code of Federal

2 Regulations (as in effect on the date of

3 enactment of this subparagraph));

4 ‘‘(II) a producer-handler (other5 wise described in clause (ii)) for any

6 month during which the producer-han7 dler has route dispositions, and sales to

8 other plants, of packaged fluid milk

9 products equaling less than 3,000,000

10 pounds of milk; or

11 ‘‘(III) a handler (otherwise de12 scribed in clause (ii)) for any month

13 during which—

14 ‘‘(aa) less than 25 percent of

15 the total quantity of fluid milk

16 products physically received at the

17 plant of the handler (excluding

18 concentrated milk received from

19 another plant by agreement for

20 other than Class I use) is disposed

21 of as route disposition or is trans22 ferred in the form of packaged

23 fluid milk products to other

24 plants; or
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1 ‘‘(bb) less than 25 percent in

2 aggregate of the route disposition

3 or transfers are in a marketing

4 area or areas located in 1 or more

5 States that require handlers to

6 pay minimum prices for raw milk

7 purchases.

8 ‘‘(N) EXEMPTION FOR CERTAIN MILK HAN9 DLERS.—Notwithstanding any other provision of

10 this section, no handler with distribution of

11 Class I milk products in the Arizona-Las Vegas

12 marketing area (Order No. 131) shall be exempt

13 during any month from any minimum milk

14 price requirement established by the Secretary

15 under this subsection if the total distribution of

16 Class I products during the preceding month of

17 any such handler’s own farm production that ex18 ceeds 3,000,000 pounds.’’.

19 (b) Section 8c(11) of the Agricultural Adjustment Act

20 (7 U.S.C. 608c(11)), reenacted with amendments by the Ag21 ricultural Marketing Agreement Act of 1937, is amended—

22 (1) in subparagraph (C), by striking the last

23 sentence; and

24 (2) by adding at the end the following:
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1 ‘‘(D) EXCLUSION OF NEVADA FROM FED2 ERAL MILK MARKETING ORDERS.—In the case of

3 milk and its products, no county or other polit4 ical subdivision located in the State of Nevada

5 shall be within a marketing area covered by any

6 order issued under this section.’’.

7 (c) Notwithstanding any other provision of this section

8 or the amendments made by this section, a milk handler

9 (including a producer-handler or producer operating as a

10 handler) that is subject to regulation under this section or

11 an amendment made by this section shall comply with any

12 requirement under section 1000.27 of title 7, Code of Fed13 eral Regulations (or a successor regulation) relating to re14 sponsibility of handlers for records or facilities.

15 (d)(1) This section and the amendments made by this

16 section take effect on the first day of the first month begin17 ning more than 15 days after the date of enactment of this

18 Act.

19 (2) To accomplish the expedited implementation sched20 ule for the amendment made by subsection (a), effective on

21 the date of enactment of this Act, the Secretary of Agri22 culture shall ensure that the pool distributing plant provi23 sions of each Federal milk marketing order issued under

24 section 8c(5)(B) of the Agricultural Adjustment Act (7

25 U.S.C. 608c(5)(B)), reenacted with amendments by the Ag-
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1 ricultural Marketing Agreement of 1937, provides that a

2 handler described in section 8c(5)(M) of the Agricultural

3 Adjustment Act, reenacted with amendments by the Agricul4 tural Marketing Agreement of 1937 (as added by subsection

5 (a))), will be fully regulated by the order in which the dis6 tributing plant of the handler is located.

7 (3) Implementation of this section and the amend8 ments made by this section shall not be subject to a ref9 erendum under section 8c(19) of the Agricultural Adjust10 ment Act (7 U.S.C. 608c(19)), reenacted with amendments

11 by the Agricultural Marketing Agreement Act of 1937.

12 SEC. 780. (a) Subject to subsection (b), none of the

13 funds made available in this Act may be used to—

14 (1) grant a waiver of a financial conflict of in15 terest requirement pursuant to section 505(n)(4) of

16 the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

17 355(n)(4)) for any voting member of an advisory

18 committee or panel of the Food and Drug Adminis19 tration; or

20 (2) make a certification under section 208(b)(3)

21 of title 18, United States Code, for any such voting

22 member.

23 (b) Subsection (a) shall not apply to a waiver or cer24 tification if—
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1 (1) not later than 15 days prior to a meeting of

2 an advisory committee or panel to which such waiver

3 or certification applies, the Secretary of Health and

4 Human Services discloses on the Internet website of

5 the Food and Drug Administration—

6 (A) the nature of the conflict of interest at

7 issue; and

8 (B) the nature and basis of such waiver or

9 certification (other than information exempted

10 from disclosure under section 552 of title 5,

11 United States Code (popularly known as the

12 Freedom of Information Act)); or

13 (2) in the case of a conflict of interest that be14 comes known to the Secretary less than 15 days prior

15 to a meeting to which such waiver or certification ap16 plies, the Secretary shall make such public disclosure

17 as soon as possible thereafter, but in no event later

18 than the date of such meeting.

19 (c) None of the funds made available in this Act may

20 be used to make a new appointment to an advisory com21 mittee or panel of the Food and Drug Administration un22 less the Commissioner of Food and Drugs submits a con23 fidential report to the Inspector General of the Department

24 of Health and Human Services of the efforts made to iden-
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1 tify qualified persons for such appointment with minimal

2 or no potential conflicts of interest.

3 SEC. 781. (a) Hereafter, none of the funds made avail4 able by this Act or any other Act may be used to publish,

5 disseminate, or distribute Agriculture Information Bulletin

6 Number 787.

7 (b) Of the funds provided to the Economic Research

8 Service, the Secretary of Agriculture shall enter into an

9 agreement with the National Academy of Sciences to con10 duct a comprehensive report on the economic development

11 and current status of the sheep industry in the United

12 States.

13 SEC. 782. The Secretary of Agriculture may establish

14 a demonstration intermediate relending program for the

15 construction and rehabilitation of housing for the Mis16 sissippi Band of Choctaw Indians: Provided, That the in17 terest rate for direct loans shall be 1 percent: Provided fur18 ther, That no later than one year after the establishment

19 of this program the Secretary shall provide the Committees

20 on Appropriations with a report providing information on

21 the program structure, management, and general demo22 graphic information on the loan recipients.

23 SEC. 783. None of the funds made available by this

24 Act may be used to provide funding to a research facility

25 that purchases animals from a dealer that holds a Class
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1 B license under the Animal Welfare Act (7 U.S.C. 2131 et

2 seq.).

3 SEC. 784. None of the funds made available by this

4 Act may be used to approve for human consumption under

5 the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) any

6 cattle, sheep, swine, or goats, or horses, mules, or other

7 equines that are unable to stand or walk unassisted at a

8 slaughtering, packing, meat-canning, rendering, or similar

9 establishment subject to inspection at the point of examina10 tion and inspection under section 3(a) of that Act (21

11 U.S.C. 603(a)).

12 SEC. 785. None of the funds made available by this

13 or any other Act may be used to close or relocate a county

14 or local Farm Service Agency office unless or until the Sec15 retary of Agriculture has determined the cost effectiveness

16 and enhancement of program delivery of the closure or relo17 cation, and report to the House and Senate Committees on

18 Agriculture and Appropriations.

19 SEC. 786. None of the funds made available in this

20 Act may be used to pay the salaries or expenses of personnel

21 to inspect horses under section 3 of the Federal Meat Inspec22 tion Act (21 U.S.C. 603) or under the guidelines issued

23 under section 903 the Federal Agriculture Improvement and

24 Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104–

25 127).
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1 SEC. 787. Section 508(a)(4)(B) of the Federal Crop In2 surance Act (7 U.S.C. 1508(a)(4)(B)) is amended by insert3 ing ‘‘or similar commodities’’ after ‘‘the commodity’’.

4 SEC. 788. 90 days before initiating any structural

5 change in a mission area of the Department, the Secretary

6 of Agriculture shall provide notice of the change to the Com7 mittees on Appropriations of the Senate and the House of

8 Representatives.

9 SEC. 789. (a) Notwithstanding subtitles B and C of

10 the Dairy Production Stabilization Act of 1983 (7 U.S.C.

11 4501 et seq.), during fiscal year 2006, the National Dairy

12 Promotion and Research Board may obligate and expend

13 funds for any activity to improve the environment and pub14 lic health.

15 (b) The Secretary of Agriculture shall review the im16 pact of any expenditures under subsection (a) and include

17 the review in the 2007 report of the Secretary to Congress

18 on the dairy promotion program established under subtitle

19 B of the Dairy Production Stabilization Act of 1983 (7

20 U.S.C. 4501 et seq.).

21 SEC. 790. Section 274(a)(1) of the Immigration and

22 Nationality Act (8 U.S.C. 1324(a)(1)) is amended by add23 ing at the end the following: ‘‘(C) It is not a violation of

24 clauses (ii) or (iii) of subparagraph (A), or of clause (iv)

25 of subparagraph (A) except where a person encourages or
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1 induces an alien to come to or enter the United States, for

2 a religious denomination having a bona fide nonprofit, reli3 gious organization in the United States, or the agents or

4 officers of such denomination or organization, to encourage,

5 invite, call, allow, or enable an alien who is present in the

6 United States to perform the vocation of a minister or mis7 sionary for the denomination or organization in the United

8 States as a volunteer who is not compensated as an em9 ployee, notwithstanding the provision of room, board, trav10 el, medical assistance, and other basic living expenses, pro11 vided the minister or missionary has been a member of the

12 denomination for at least one year.’’

13 SEC. 791. The Federal facility located at the South

14 Mississippi Branch Experiment Station in Poplarville,

15 Mississippi, and known as the ‘‘Southern Horticultural

16 Laboratory’’, shall be known and designated as the ‘‘Thad

17 Cochran Southern Horticultural Laboratory’’: Provided,

18 That any reference in law, map, regulation, document,

19 paper, or other record of the United States to such Federal

20 facility shall be deemed to be a reference to the ‘‘Thad Coch21 ran Southern Horticultural Laboratory’’.

22 SEC. 792. As soon as practicable after the Agricultural

23 Research Service operations at the Western Cotton Research

24 Laboratory located at 4135 East Broadway Road in Phoe25 nix, Arizona, have ceased, the Secretary of Agriculture may
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1 convey, without consideration, to the Arizona Cotton Grow2 ers Association and Supima all right, title, and interest of

3 the United States in and to the real property at that loca4 tion, including improvements.

5 SEC. 793. The Secretary of Agriculture shall—

6 (1) as soon as practicable after the date of enact7 ment of this Act, conduct an evaluation of any im8 pacts of the court decision in Harvey v. Veneman,

9 396 F.3d 28 (1st Cir. Me. 2005); and

10 (2) not later than 90 days after the date of en11 actment of this Act, submit to Congress a report

12 that—

13 (A) describes the results of the evaluation

14 conducted under paragraph (1);

15 (B) includes a determination by the Sec16 retary on whether restoring the National Organic

17 Program, as in effect on the day before the date

18 of the court decision described in paragraph (1),

19 would adversely affect organic farmers, organic

20 food processors, and consumers;

21 (C) analyzes issues regarding the use of syn22 thetic ingredients in processing and handling;

23 (D) analyzes the utility of expedited peti24 tions for commercially unavailable agricultural

25 commodities and products; and
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1 (E) considers the use of crops and forage

2 from land included in the organic system plan

3 of dairy farms that are in the third year of or4 ganic management.

5 SEC. 794. (a) Not later than 90 days after the date

6 of enactment of this Act, the Administrator of the Animal

7 and Plant Health Inspection Service (referred to in this sec8 tion as the ‘‘Administrator’’) shall publish in the Federal

9 Register uniform methods and rules for addressing chronic

10 wasting disease.

11 (b) If the Administrator does not publish the uniform

12 methods and rules by the deadline specified in subsection

13 (a), not later than 30 days after the deadline and every

14 30 days thereafter until the uniform methods and rules are

15 published in accordance with that subsection, the Adminis16 trator shall submit to Congress a report that—

17 (1) describes the status of the uniform methods

18 and rules; and

19 (2) provides an estimated completion date for the

20 uniform methods and rules.

21 SEC. 795. (a) In carrying out a livestock assistance,

22 compensation, or feed program, the Secretary of Agriculture

23 shall include horses within the definition of ‘‘livestock’’ cov24 ered by the program.
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1 (b)(1) Section 602(2) of the Agricultural Act of 1949

2 (7 U.S.C. 1471(2)) is amended—

3 (A) by inserting ‘‘horses’’, after ‘‘bison’’; and

4 (B) by striking ‘‘equine animals used for food or

5 in the production of food,’’.

6 (2) Section 806 of the Agriculture, Rural Development,

7 Food and Drug Administration, and Related Agencies Ap8 propriations Act, 2001 (Public Law 106–387; 114 Stat.

9 1549A–51) is amended by inserting ‘‘(including losses to

10 elk, reindeer, bison, and horses)’’ after ‘‘livestock losses’’.

11 (3) Section 10104(a) of the Farm Security and Rural

12 Investment Act of 2002 (7 U.S.C. 1472(a)) is amended by

13 striking ‘‘and bison’’ and inserting ‘‘bison, and horses’’.

14 (4) Section 203(d)(2) of the Agricultural Assistance

15 Act of 2003 (Public Law 108–7; 117 Stat. 541) is amended

16 by striking ‘‘and bison’’ and inserting ‘‘bison, and horses’’.

17 (c)(1) This section and the amendments made by this

18 section apply to losses resulting from a disaster that occurs

19 on or after July 28, 2005.

20 (2) This section and the amendments made by this sec21 tion do not apply to losses resulting from a disaster that

22 occurred before July 28, 2005.

23 SEC. 796. With respect to the sale of the Thermo

24 Pressed Laminates building in Klamath Falls, Oregon, the

25 Secretary of Agriculture may allow the Klamath County
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1 Economic Development Corporation to establish a revolving

2 economic development loan fund with the funds that other3 wise would be required to be repaid to the Secretary in ac4 cordance with the rural business enterprise grant under sec5 tion 310B(c)(1)(B) of the Consolidated Farm and Rural

6 Development Act (7 U.S.C. 1932(c)).

7 SEC. 797. SENSE OF THE SENATE.—(a) FINDINGS.—

8 The Senate finds the following:

9 (1) In a time of national catastrophe, it is the

10 responsibility of Congress and the Executive Branch

11 to take quick and decisive action to help those in

12 need.

13 (2) The size, scope, and complexity of Hurricane

14 Katrina are unprecedented, and the emergency re15 sponse and long-term recovery efforts will be extensive

16 and require significant resources.

17 (3) It is the responsibility of Congress and the

18 Executive Branch to ensure the financial stability of

19 the nation by being good stewards of Americans’

20 hard-earned tax dollars.

21 (b) SENSE OF THE SENATE.—It is the sense of the Sen22 ate that any funding directive contained in this Act, or its

23 accompanying report, that is not specifically authorized in

24 any Federal law as of the date of enactment of this section,

25 or Act or resolution passed by the Senate during the 1st
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1 Session of the 109th Congress prior to such date, or pro2 posed in pursuance to an estimate submitted in accordance

3 with law, that is for the benefit of an identifiable program,

4 project, activity, entity, or jurisdiction and is not directly

5 related to the impact of Hurricane Katrina, may be redi6 rected to recovery efforts if the appropriate head of an agen7 cy or department determines, after consultation with appro8 priate Congressional Committees, that the funding directive

9 is not of national significance or is not in the public inter10 est.

11 SEC. 798. (a) The Senate finds the following:

12 (1) Research and development have been critical

13 components of the prosperity of the United States.

14 (2) The United States is entering an increas15 ingly competitive world in the 21st century.

16 (3) The National Academy of Sciences has found

17 that public agricultural research and development ex18 penditures in the United States were the lowest of

19 any developed country in the world.

20 (4) The Nation needs to ensure that public

21 spending for agricultural research is commensurate

22 with the importance of agriculture to the long-term

23 economic health of the Nation.
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1 (5) Research and development is critical to en2 suring that American agriculture remains strong and

3 vital in the coming decades.

4 (b) It is the sense of the Senate that, in order for the

5 United States to remain competitive, the President and the

6 Department of Agriculture should increase public sector

7 funding of agricultural research and development.

8 SEC. 799. It is the sense of the Senate that—

9 (1) the Senate—

10 (A) encourages expanded efforts to alleviate

11 hunger throughout developing countries; and

12 (B) pledges to continue to support inter13 national hunger relief efforts;

14 (2) the United States Government should use fi15 nancial and diplomatic resources to work with other

16 donors to ensure that food aid programs receive all

17 necessary funding and supplies; and

18 (3) food aid should be provided in conjunction

19 with measures to alleviate hunger, malnutrition, and

20 poverty.

21 SEC. 800. Amounts made available for the Plant Mate22 rials Center in Fallon, Nevada, under the heading ‘‘CON23 SERVATION OPERATIONS’’ under the heading ‘‘NATURAL RE24 SOURCES CONSERVATION SERVICE’’ of title II of the Agri25 culture, Rural Development, Food and Drug Administra-
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1 tion, and Related Agencies Appropriations Act, 2005 (Pub2 lic Law 108–447; 118 Stat. 2823) shall remain available

3 until expended.

4 SEC. 801. Not later than 90 days after the date of en5 actment of this Act, the Secretary of Agriculture, in co6 operation with the Secretary of Energy, shall provide to the

7 Committee on Appropriations of the Senate and the Com8 mittee on Appropriations of the House of Representatives

9 a report that describes the impact of increased prices of gas,

10 natural gas, and diesel on agricultural producers, ranchers,

11 and rural communities.

12 SEC. 802. The Secretary of Agriculture (referred to in

13 this section as the ‘‘Secretary’’) shall prepare a report for

14 submission by the President to Congress, along with the fis15 cal year 2007 budget request under section 1105 of title 31,

16 United States Code, that—

17 (1) identifies measures to address bark beetle in18 festation and the impacts of bark beetle infestation as

19 the first priority for assistance under the Healthy

20 Forests Restoration Act of 2003 (16 U.S.C. 6501 et

21 seq.);

22 (2) describes activities that will be conducted by

23 the Secretary to address bark beetle infestations and

24 the impacts of bark beetle infestations;
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1 (3) describes the financial and technical re2 sources that will be dedicated by the Secretary to

3 measures to address bark beetle infestations and the

4 impacts of the infestations; and

5 (4) describes the manner in which the Secretary

6 will coordinate with the Secretary of the Interior and

7 State and local governments in conducting the activi8 ties under paragraph (2).

9 SEC. 803. Any limitation, directive, or earmarking

10 contained in either the House of Representatives or Senate

11 report accompanying H.R. 2744 shall also be included in

12 the conference report or joint statement accompanying H.R.

13 2744 in order to be considered as having been approved by

14 both Houses of Congress.

15 SEC. 804. (a) Congress makes the following findings:

16 (1) Consumers need clear and consistent infor17 mation about the risks associated with exposure to the

18 sun, and the protection offered by over-the-counter

19 sunscreen products.

20 (2) The Food and Drug Administration (referred

21 to in this section as the ‘‘FDA’’) began developing a

22 monograph for over-the-counter sunscreen products in

23 1978.

24 (3) In 2002, after 23 years, the FDA issued the

25 final monograph for such sunscreen products.
†

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1 (4) One of the most critical aspects of sunscreen

2 is how to measure protection against UVA rays,

3 which cause skin cancer.

4 (5) The final sunscreen monograph failed to ad5 dress this critical aspect and, accordingly, the mono6 graph was stayed shortly after being issued until

7 issuance of a comprehensive monograph.

8 (6) Skin cancer rates continue to rise, especially

9 in younger adults and women.

10 (7) Pursuant to section 751 of the Federal Food,

11 Drug, and Cosmetic Act (21 U.S.C. 379r), a Federal

12 rule on sunscreen labeling would preempt any related

13 State labeling requirements.

14 (8) The absence of a Federal rule could lead to

15 a patchwork of State labeling requirements that

16 would be confusing to consumers and unnecessarily

17 burdensome to manufacturers.

18 (b) It is the sense of Congress that the FDA should,

19 not later than one year after the date of enactment of this

20 Act, issue a comprehensive final monograph for over-the21 counter sunscreen products, including UVA and UVB label22 ing requirements, in order to provide consumers with all

23 the necessary information regarding the dangers of skin

24 cancer and the importance of wearing sunscreen.
†

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1 This Act may be cited as the ‘‘Agriculture, Rural De2 velopment, Food and Drug Administration, and Related

3 Agencies Appropriations Act, 2006’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2744

AMENDMENT