II 

Calendar No. 282 

110TH CONGRESS 

1ST SESSION S. 1859 

[Report No. 110–134] 

Making appropriations for Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies programs for the fiscal year ending 

September 30, 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2007 

Mr. KOHL, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies 

programs for the fiscal year ending September 30, 2008, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies programs for the fiscal year 


hmoore on PROD1PC76 with BILLS
2 

S 1859 PCS 

1 ending September 30, 2008, and for other purposes, 

2 namely: 

3 TITLE I 

4 AGRICULTURAL PROGRAMS 

5 PRODUCTION, PROCESSING AND MARKETING

6 OFFICE OF THE SECRETARY

7 For necessary expenses of the Office of the Secretary 

8 of Agriculture, $5,309,000: Provided, That not to exceed 

9 $11,000 of this amount shall be available for official recep10 tion and representation expenses, not otherwise provided 

11 for, as determined by the Secretary. 

12 EXECUTIVE OPERATIONS

13 OFFICE OF THE CHIEF ECONOMIST

14 For necessary expenses of the Office of the Chief 

15 Economist, $10,847,000. 

16 NATIONAL APPEALS DIVISION

17 For necessary expenses of the National Appeals Divi18 sion, $15,056,000. 

19 OFFICE OF BUDGET AND PROGRAM ANALYSIS

20 For necessary expenses of the Office of Budget and 

21 Program Analysis, $9,035,000. 

22 HOMELAND SECURITY STAFF

23 For necessary expenses of the Homeland Security 

24 Staff, $2,252,000. 


hmoore on PROD1PC76 with BILLS
3 

S 1859 PCS 

1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief In3 formation Officer, $16,723,000. 

4 OFFICE OF THE CHIEF FINANCIAL OFFICER

5 For necessary expenses of the Office of the Chief Fi6 nancial Officer, $6,076,000: Provided, That no funds 

7 made available by this appropriation may be obligated for 

8 FAIR Act or Circular A–76 activities until the Secretary 

9 has submitted to the Committees on Appropriations of 

10 both Houses of Congress a report on the Department’s 

11 contracting out policies, including agency budgets for con12 tracting out. 

13 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

14 RIGHTS

15 For necessary expenses of the Office of the Assistant 

16 Secretary for Civil Rights, $861,000. 

17 OFFICE OF CIVIL RIGHTS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of the Office of Civil Rights, 

20 $20,706,000. 

21 OFFICE OF THE ASSISTANT SECRETARY FOR

22 ADMINISTRATION

23 For necessary expenses of the Office of the Assistant 

24 Secretary for Administration, $709,000. 


hmoore on PROD1PC76 with BILLS
4 

S 1859 PCS 

1 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

2 PAYMENTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For payment of space rental and related costs pursu5 ant to Public Law 92–313, including authorities pursuant 

6 to the 1984 delegation of authority from the Adminis7 trator of General Services to the Department of Agri8 culture under 40 U.S.C. 486, for programs and activities 

9 of the Department which are included in this Act, and for 

10 alterations and other actions needed for the Department 

11 and its agencies to consolidate unneeded space into con12 figurations suitable for release to the Administrator of 

13 General Services, and for the operation, maintenance, im14 provement, and repair of Agriculture buildings and facili15 ties, and for related costs, $199,016,000, to remain avail16 able until expended, of which $156,590,000 shall be avail17 able for payments to the General Services Administration 

18 for rent and the Department of Homeland Security for 

19 building security: Provided, That amounts which are made 

20 available for space rental and related costs for the Depart21 ment of Agriculture in this Act may be transferred be22 tween such appropriations to cover the costs of additional, 

23 new, or replacement space 15 days after notice thereof is 

24 transmitted to the Appropriations Committees of both 

25 Houses of Congress. 


hmoore on PROD1PC76 with BILLS
5 

S 1859 PCS 

1 HAZARDOUS MATERIALS MANAGEMENT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of the Department of Agri4 culture, to comply with the Comprehensive Environmental 

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

6 9601 et seq.) and the Resource Conservation and Recovery 

7 Act (42 U.S.C. 6901 et seq.), $5,200,000, to remain avail8 able until expended: Provided, That appropriations and 

9 funds available herein to the Department for Hazardous 

10 Materials Management may be transferred to any agency 

11 of the Department for its use in meeting all requirements 

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

13 lands. 

14 DEPARTMENTAL ADMINISTRATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For Departmental Administration, $23,913,000, to 

17 provide for necessary expenses for management support 

18 services to offices of the Department and for general ad19 ministration, security, repairs and alterations, and other 

20 miscellaneous supplies and expenses not otherwise pro21 vided for and necessary for the practical and efficient work 

22 of the Department: Provided, That this appropriation shall 

23 be reimbursed from applicable appropriations in this Act 

24 for travel expenses incident to the holding of hearings as 

25 required by 5 U.S.C. 551–558. 


hmoore on PROD1PC76 with BILLS
6 

S 1859 PCS 

1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 CONGRESSIONAL RELATIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Office of the Assistant 

5 Secretary for Congressional Relations, $3,936,000: Pro6 vided, That these funds may be transferred to agencies 

7 of the Department of Agriculture funded by this Act to 

8 maintain personnel at the agency level: Provided further, 

9 That no funds made available by this appropriation may 

10 be obligated after 30 days from the date of enactment of 

11 this Act, unless the Secretary has notified the Committees 

12 on Appropriations of both Houses of Congress on the allo13 cation of these funds by USDA agency: Provided further, 

14 That no other funds appropriated to the Department by 

15 this Act shall be available to the Department for support 

16 of activities of congressional relations. 

17 OFFICE OF COMMUNICATIONS

18 For necessary expenses of the Office of Communica19 tions, $9,720,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General, including employment pursuant to the Inspector 

23 General Act of 1978, $81,627,000, including such sums 

24 as may be necessary for contracting and other arrange25 ments with public agencies and private persons pursuant 


hmoore on PROD1PC76 with BILLS
7 

S 1859 PCS 

1 to section 6(a)(9) of the Inspector General Act of 1978, 

2 and including not to exceed $125,000 for certain confiden3 tial operational expenses, including the payment of inform4 ants, to be expended under the direction of the Inspector 

5 General pursuant to Public Law 95–452 and section 1337 

6 of Public Law 97–98. 

7 OFFICE OF THE GENERAL COUNSEL

8 For necessary expenses of the Office of the General 

9 Counsel, $40,764,000. 

10 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

11 EDUCATION AND ECONOMICS

12 For necessary expenses of the Office of the Under 

13 Secretary for Research, Education and Economics, 

14 $626,000. 

15 ECONOMIC RESEARCH SERVICE

16 For necessary expenses of the Economic Research 

17 Service, $76,532,000. 

18 NATIONAL AGRICULTURAL STATISTICS SERVICE

19 For necessary expenses of the National Agricultural 

20 Statistics Service, $167,699,000, of which up to 

21 $54,325,000 shall be available until expended for the Cen22 sus of Agriculture. 


hmoore on PROD1PC76 with BILLS
8 

S 1859 PCS 

1 AGRICULTURAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Agricultural Research 

4 Service; and for acquisition of lands by donation, ex5 change, or purchase at a nominal cost not to exceed $100, 

6 and for land exchanges where the lands exchanged shall 

7 be of equal value or shall be equalized by a payment of 

8 money to the grantor which shall not exceed 25 percent 

9 of the total value of the land or interests transferred out 

10 of Federal ownership, $1,154,174,000: Provided, That ap11 propriations hereunder shall be available for the operation 

12 and maintenance of aircraft and the purchase of not to 

13 exceed one for replacement only: Provided further, That 

14 appropriations hereunder shall be available pursuant to 7 

15 U.S.C. 2250 for the construction, alteration, and repair 

16 of buildings and improvements, but unless otherwise pro17 vided, the cost of constructing any one building shall not 

18 exceed $375,000, except for headhouses or greenhouses 

19 which shall each be limited to $1,200,000, and except for 

20 10 buildings to be constructed or improved at a cost not 

21 to exceed $750,000 each, and the cost of altering any one 

22 building during the fiscal year shall not exceed 10 percent 

23 of the current replacement value of the building or 

24 $375,000, whichever is greater: Provided further, That the 

25 limitations on alterations contained in this Act shall not 


hmoore on PROD1PC76 with BILLS
9 

S 1859 PCS 

1 apply to modernization or replacement of existing facilities 

2 at Beltsville, Maryland: Provided further, That appropria3 tions hereunder shall be available for granting easements 

4 at the Beltsville Agricultural Research Center: Provided 

5 further, That the foregoing limitations shall not apply to 

6 replacement of buildings needed to carry out the Act of 

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

8 funds may be received from any State, other political sub9 division, organization, or individual for the purpose of es10 tablishing or operating any research facility or research 

11 project of the Agricultural Research Service, as authorized 

12 by law: Provided further, That hereafter none of the funds 

13 appropriated under this heading shall be available to carry 

14 out research related to the production, processing, or mar15 keting of tobacco or tobacco products. 

16 BUILDINGS AND FACILITIES

17 For acquisition of land, construction, repair, improve18 ment, extension, alteration, and purchase of fixed equip19 ment or facilities as necessary to carry out the agricultural 

20 research programs of the Department of Agriculture, 

21 where not otherwise provided, $40,100,000, to remain 

22 available until expended. 


hmoore on PROD1PC76 with BILLS
10 

S 1859 PCS 

1 COOPERATIVE STATE RESEARCH, EDUCATION, AND

2 EXTENSION SERVICE

3 RESEARCH AND EDUCATION ACTIVITIES

4 For payments to agricultural experiment stations, for 

5 cooperative forestry and other research, for facilities, and 

6 for other expenses, $700,849,000, as follows: to carry out 

7 7 U.S.C. 361a–i, $214,924,000; for grants under 16 

8 U.S.C. 582a through a–7, $30,008,000; for payments to 

9 eligible institutions (7 U.S.C. 3222), $40,680,000, of 

10 which $1,507,496 shall be made available only for the pur11 pose of ensuring that each institution shall receive no less 

12 than $1,000,000; for grants under 7 U.S.C. 450i(c), 

13 $67,734,000; for special grants for agricultural research 

14 on improved pest control under 7 U.S.C. 450i(c), 

15 $14,869,000; for grants under 7 U.S.C. 450i(b), 

16 $244,000,000; for programs under 7 U.S.C. 3195, 

17 $5,006,000; to carry out 7 U.S.C. 3319d, $825,000; for 

18 grants under 7 U.S.C. 178 et seq., $1,091,000, to remain 

19 available until expended; for the grants program pursuant 

20 to section 536 of Public Law 103–382 (7 U.S.C. 301 

21 note), $1,544,000, to remain available until expended; for 

22 grants under 7 U.S.C. 3333, $990,000; for grants under 

23 7 U.S.C. 3155, $2,780,000; for higher education graduate 

24 fellowship grants under 7 U.S.C. 3152(b)(6), $3,701,000, 

25 to remain available until expended; for a program pursuVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
11 

S 1859 PCS 

1 ant to section 1415A of the National Agricultural Re2 search, Extension, and Teaching Policy Act of 1977 (7 

3 U.S.C. 3151a), $750,000, to remain available until ex4 pended; for higher education challenge grants under 7 

5 U.S.C. 3152(b)(1), $5,423,000; for a higher education 

6 multicultural scholars program under 7 U.S.C. 

7 3152(b)(5), $988,000, to remain available until expended; 

8 for a grants program under 7 U.S.C. 3241, $5,940,000; 

9 for grants for the purpose of carrying out all provisions 

10 of 7 U.S.C. 3242, with funds awarded equally to the par11 ticipating States, $3,218,000; for a program under 7 

12 U.S.C. 3152(j), $990,000; for grants under 7 U.S.C. 

13 3322, $3,928,000; for research and education under 7 

14 U.S.C. 5811, $15,000,000; for a program of capacity 

15 building grants under 7 U.S.C. 3152(b)(4) to institutions 

16 eligible to receive funds under 7 U.S.C. 3221 and 3222, 

17 $12,375,000, to remain available until expended; for pay18 ments pursuant to section 534(a)(1) of Public Law 103– 

19 382, $3,342,000; and for necessary expenses of Research 

20 and Education Activities, $20,843,000, of which 

21 $2,723,000 for the Research, Education, and Economics 

22 Information System and $2,151,000 for the Electronic 

23 Grants Information System, are to remain available until 

24 expended: Provided, That hereafter none of the funds ap25 propriated under this heading shall be available to carry 


hmoore on PROD1PC76 with BILLS
12 

S 1859 PCS 

1 out research related to the production, processing, or mar2 keting of tobacco or tobacco products: Provided further, 

3 That hereafter this paragraph shall not apply to research 

4 on the medical, biotechnological, food, and industrial uses 

5 of tobacco. 

6 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

7 For the Native American Institutions Endowment 

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

9 note), $11,880,000, to remain available until expended. 

10 EXTENSION ACTIVITIES

11 For payments to States, the District of Columbia, 

12 Puerto Rico, Guam, the Virgin Islands, Micronesia, 

13 Northern Marianas, and American Samoa, $458,537,000, 

14 as follows: payments for cooperative extension work under 

15 the Smith-Lever Act, to be distributed under sections 3(b) 

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

17 Law 93–471, for retirement and employees’ compensation 

18 costs for extension agents, $285,762,000; payments under 

19 7 U.S.C. 343(b)(3), $3,321,000; payments for the nutri20 tion and family education program for low-income areas 

21 under section 3(d) of the Act, $63,538,000; payments for 

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

23 Act, $9,860,000; payments for the farm safety program 

24 under section 3(d) of the Act, $4,517,000; payments for 

25 New Technologies for Ag Extension under Section 3(d) 

26 of the Act, $1,485,000; payments to upgrade research, exVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
13 

S 1859 PCS 

1 tension, and teaching facilities at institutions eligible to 

2 receive funds under 7 U.S.C. 3221 and 3222, 

3 $16,777,000, to remain available until expended; pay4 ments for youth-at-risk programs under section 3(d) of the 

5 Smith-Lever Act, $7,651,000; for youth farm safety edu6 cation and certification extension grants, to be awarded 

7 competitively under section 3(d) of the Act, $440,000; for 

8 carrying out 16 U.S.C. 1671 et seq., $4,019,000; pay9 ments for federally-recognized Tribes Extension Program 

10 under section 3(d) of the Smith-Lever Act, $3,000,000; 

11 payments for sustainable agriculture programs under sec12 tion 3(d) of the Act, $5,000,000; payments as authorized 

13 by section 502(i) of Public Law 92–419 (7 U.S.C. 

14 2662(i)), $1,946,000; payments for cooperative extension 

15 work by eligible institutions (7 U.S.C. 3221), 

16 $35,205,000, of which $1,724,884 shall be made available 

17 only for the purpose of ensuring that each institution shall 

18 receive no less than $1,000,000; and for necessary ex19 penses of Extension Activities, $15,916,000. 

20 INTEGRATED ACTIVITIES

21 For the integrated research, education, and extension 

22 grants programs, including necessary administrative ex23 penses, $12,948,000, as follows: for a competitive inter24 national science and education grants program authorized 

25 under section 1459A of the National Agricultural Re26 search, Extension, and Teaching Policy Act of 1977 (7 


hmoore on PROD1PC76 with BILLS
14 

S 1859 PCS 

1 U.S.C. 3292b), to remain available until expended, 

2 $990,000; for grants programs authorized under section 

3 2(c)(1)(B) of Public Law 89–106, as amended, $737,000, 

4 to remain available until September 30, 2009 for the crit5 ical issues program; and $1,321,000 for the regional rural 

6 development centers program; and $9,900,000 for the 

7 Food and Agriculture Defense Initiative authorized under 

8 section 1484 of the National Agricultural Research, Ex9 tension, and Teaching Act of 1977, to remain available 

10 until September 30, 2009. 

11 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

12 For grants and contracts pursuant to section 2501 

13 of the Food, Agriculture, Conservation, and Trade Act of 

14 1990 (7 U.S.C. 2279), $5,940,000, to remain available 

15 until expended. 

16 OFFICE OF THE UNDER SECRETARY FOR MARKETING

17 AND REGULATORY PROGRAMS

18 For necessary expenses of the Office of the Under 

19 Secretary for Marketing and Regulatory Programs, 

20 $759,000. 

21 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses of the Animal and Plant 

25 Health Inspection Service, including not to exceed 

26 $40,000 for representation allowances and for expenses 


hmoore on PROD1PC76 with BILLS
15 

S 1859 PCS 

1 pursuant to the Foreign Service Act of 1980 (22 U.S.C. 

2 4085), $911,742,000; of which $4,149,000 shall be avail3 able for the control of outbreaks of insects, plant diseases, 

4 animal diseases and for control of pest animals and birds 

5 to the extent necessary to meet emergency conditions; of 

6 which $43,807,000 shall be used for the cotton pests pro7 gram for cost share purposes or for debt retirement for 

8 active eradication zones; of which $19,827,000 shall be 

9 available for a National Animal Identification program; of 

10 which $47,514,000 shall be used to conduct a surveillance 

11 and preparedness program for highly pathogenic avian in12 fluenza: Provided, That no funds shall be used to formu13 late or administer a brucellosis eradication program for 

14 the current fiscal year that does not require minimum 

15 matching by the States of at least 40 percent: Provided 

16 further, That the APHIS Wildlife Services program may 

17 use such sums as are necessary to pay a fixed rate reim18 bursement, on a reimbursement schedule set by program 

19 directors for their area of responsibility, to employees for 

20 the use of personally owned animals and equipment, in21 cluding but not limited to horses, dogs, ATVs, snowmo22 biles, computer connectivity, and cellular telephones: Pro23 vided further, That this appropriation shall be available 

24 for the operation and maintenance of aircraft and the pur25 chase of not to exceed four, of which two shall be for reVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
16 

S 1859 PCS 

1 placement only: Provided further, That appropriations 

2 hereunder shall be available pursuant to law (7 U.S.C. 

3 2250) for the repair and alteration of leased buildings and 

4 improvements, but unless otherwise provided the cost of 

5 altering any one building during the fiscal year shall not 

6 exceed 10 percent of the current replacement value of the 

7 building. 

8 In fiscal year 2008, the agency is authorized to collect 

9 fees to cover the total costs of providing technical assist10 ance, goods, or services requested by States, other political 

11 subdivisions, domestic and international organizations, 

12 foreign governments, or individuals, provided that such 

13 fees are structured such that any entity’s liability for such 

14 fees is reasonably based on the technical assistance, goods, 

15 or services provided to the entity by the agency, and such 

16 fees shall be credited to this account, to remain available 

17 until expended, without further appropriation, for pro18 viding such assistance, goods, or services. 

19 BUILDINGS AND FACILITIES

20 For plans, construction, repair, preventive mainte21 nance, environmental support, improvement, extension, al22 teration, and purchase of fixed equipment or facilities, as 

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

24 authorized by 7 U.S.C. 428a, $4,946,000, to remain avail25 able until expended. 


hmoore on PROD1PC76 with BILLS
17 

S 1859 PCS 

1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses of the Agricultural Marketing 

4 Service, $80,145,000: Provided, That of the amount pro5 vided under this heading, $7,000,000, to remain available 

6 until expended, is for specialty crop block grants author7 ized under section 101 of the Specialty Crops Competitive8 ness Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 

9 note), of which not to exceed five percent may be available 

10 for administrative expenses: Provided further, That this 

11 appropriation shall be available pursuant to law (7 U.S.C. 

12 2250) for the alteration and repair of buildings and im13 provements, but the cost of altering any one building dur14 ing 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 $61,233,000 (from fees collected) shall 

21 be obligated during the current fiscal year for administra22 tive expenses: Provided, That if crop size is understated 

23 and/or other uncontrollable events occur, the agency may 

24 exceed this limitation by up to 10 percent with notification 

25 to the Committees on Appropriations of both Houses of 

26 Congress. 


hmoore on PROD1PC76 with BILLS
18 

S 1859 PCS 

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 Au5 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com6 modity program expenses as authorized therein, and other 

7 related operating expenses, including not less than 

8 $10,000,000 for replacement of a system to support com9 modity purchases, except for: (1) transfers to the Depart10 ment of Commerce as authorized by the Fish and Wildlife 

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

12 in this Act; and (3) not more than $16,798,000 for formu13 lation and administration of marketing agreements and 

14 orders pursuant to the Agricultural Marketing Agreement 

15 Act of 1937 and the Agricultural Act of 1961. 

16 PAYMENTS TO STATES AND POSSESSIONS

17 For payments to departments of agriculture, bureaus 

18 and departments of markets, and similar agencies for 

19 marketing activities under section 204(b) of the Agricul20 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

21 $3,834,000, of which not less than $2,500,000 shall be 

22 used to make a grant under this heading. 


hmoore on PROD1PC76 with BILLS
19 

S 1859 PCS 

1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Grain Inspection, 

5 Packers and Stockyards Administration, $39,115,000: 

6 Provided, That this appropriation shall be available pursu7 ant to law (7 U.S.C. 2250) for the alteration and repair 

8 of buildings and improvements, but the cost of altering 

9 any one building during the fiscal year shall not exceed 

10 10 percent of the current replacement value of the build11 ing. 

12 LIMITATION ON INSPECTION AND WEIGHING SERVICES

13 EXPENSES

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

15 be obligated during the current fiscal year for inspection 

16 and weighing services: Provided, That if grain export ac17 tivities require additional supervision and oversight, or 

18 other uncontrollable factors occur, this limitation may be 

19 exceeded by up to 10 percent with notification to the Com20 mittees on Appropriations of both Houses of Congress. 

21 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

22 For necessary expenses of the Office of the Under 

23 Secretary for Food Safety, $632,000. 

24 FOOD SAFETY AND INSPECTION SERVICE

25 For necessary expenses of the Food Safety and In26 spection Service, including not to exceed $50,000 for repVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
20 

S 1859 PCS 

1 resentation allowances and for expenses pursuant to sec2 tion 8 of the Act approved August 3, 1956 (7 U.S.C. 

3 1766), $930,620,000; and in addition, $1,000,000 may be 

4 credited to this account from fees collected for the cost 

5 of laboratory accreditation as authorized by section 1327 

6 of the Food, Agriculture, Conservation and Trade Act of 

7 1990 (7 U.S.C. 138f): Provided, That no fewer than 83 

8 full time equivalent positions above the fiscal year 2002 

9 level shall be employed during fiscal year 2008 for pur10 poses dedicated solely to inspections and enforcement re11 lated to the Humane Methods of Slaughter Act: Provided 

12 further, That of the amount available under this heading, 

13 $3,000,000 shall be obligated to maintain the Humane 

14 Animal Tracking System as part of the Public Health 

15 Data Communication Infrastructure System: Provided 

16 further, That this appropriation shall be available pursu17 ant to law (7 U.S.C. 2250) for the alteration and repair 

18 of buildings and improvements, but the cost of altering 

19 any one building during the fiscal year shall not exceed 

20 10 percent of the current replacement value of the build21 ing. 


hmoore on PROD1PC76 with BILLS
21 

S 1859 PCS 

1 OFFICE OF THE UNDER SECRETARY FOR FARM AND

2 FOREIGN AGRICULTURAL SERVICES

3 For necessary expenses of the Office of the Under 

4 Secretary for Farm and Foreign Agricultural Services, 

5 $666,000. 

6 FARM SERVICE AGENCY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Farm Service Agency, 

10 $1,160,662,000: Provided, That the Secretary is author11 ized to use the services, facilities, and authorities (but not 

12 the funds) of the Commodity Credit Corporation to make 

13 program payments for all programs administered by the 

14 Agency: Provided further, That other funds made available 

15 to the Agency for authorized activities may be advanced 

16 to and merged with this account. 

17 STATE MEDIATION GRANTS

18 For grants pursuant to section 502(b) of the Agricul19 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

20 5106), $4,750,000. 

21 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

22 For necessary expenses to carry out wellhead or 

23 groundwater protection activities under section 1240O of 

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

25 $3,713,000, to remain available until expended. 


hmoore on PROD1PC76 with BILLS
22 

S 1859 PCS 

1 DAIRY INDEMNITY PROGRAM

2 For necessary expenses involved in making indemnity 

3 payments to dairy farmers and manufacturers of dairy 

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

5 remain available until expended: Provided, That such pro6 gram is carried out by the Secretary in the same manner 

7 as the dairy indemnity program described in the Agri8 culture, Rural Development, Food and Drug Administra9 tion, and Related Agencies Appropriations Act, 2001 

10 (Public Law 106–387, 114 Stat. 1549A–12). 

11 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

12 ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For gross obligations for the principal amount of di15 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

16 seq.) and operating (7 U.S.C. 1941 et seq.) loans, Indian 

17 tribe land acquisition loans (25 U.S.C. 488), and boll wee18 vil loans (7 U.S.C. 1989), to be available from funds in 

19 the Agricultural Credit Insurance Fund, as follows: farm 

20 ownership loans, $1,471,257,000, of which 

21 $1,247,400,000 shall be for unsubsidized guaranteed 

22 loans and $223,857,000 shall be for direct loans; oper23 ating loans, $1,875,686,000, of which $1,024,650,000 

24 shall be for unsubsidized guaranteed loans, $271,886,000 

25 shall be for subsidized guaranteed loans and $579,150,000 

26 shall be for direct loans; Indian tribe land acquisition 


hmoore on PROD1PC76 with BILLS
23 

S 1859 PCS 

1 loans, $3,960,000; and for boll weevil eradication program 

2 loans, $100,000,000: Provided, That the Secretary shall 

3 deem the pink bollworm to be a boll weevil for the purpose 

4 of boll weevil eradication program loans. 

5 For the cost of direct and guaranteed loans, including 

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

7 the Congressional Budget Act of 1974, as follows: farm 

8 ownership loans, $14,952,000, of which $4,990,000 shall 

9 be for guaranteed loans, and $9,962,000 shall be for direct 

10 loans; operating loans, $134,561,000, of which 

11 $24,797,000 shall be for unsubsidized guaranteed loans, 

12 $36,270,000 shall be for subsidized guaranteed loans, and 

13 $73,494,000 shall be for direct loans; and Indian tribe 

14 land acquisition loans, $125,000. 

15 In addition, for administrative expenses necessary to 

16 carry out the direct and guaranteed loan programs, 

17 $318,150,000, of which $310,230,000 shall be transferred 

18 to and merged with the appropriation for Farm Service 

19 Agency, Salaries and Expenses. 

20 Funds appropriated by this Act to the Agricultural 

21 Credit Insurance Program Account for farm ownership 

22 and operating direct loans and guaranteed loans may be 

23 transferred among these programs: Provided, That the 

24 Committees on Appropriations of both Houses of Congress 

25 are notified at least 15 days in advance of any transfer: 


hmoore on PROD1PC76 with BILLS
24 

S 1859 PCS 

1 Provided further, That none of the funds appropriated or 

2 otherwise made available by this Act shall be used to pay 

3 the salaries and expenses of personnel to collect from the 

4 lender an annual fee on unsubsidized guaranteed oper5 ating loans, a guarantee fee of more than one percent of 

6 the principal obligation of guaranteed unsubsidized oper7 ating or ownership loans, or a guarantee fee on subsidized 

8 guaranteed operating loans administered by the Farm 

9 Service Agency. 

10 RISK MANAGEMENT AGENCY

11 For necessary expenses of the Risk Management 

12 Agency, $78,833,000: Provided, That not more than 

13 $11,166,000 of the funds made available under section 

14 522(e) of the Federal Crop Insurance Act (7 U.S.C. 

15 1522(e)) may be used for program compliance and integ16 rity purposes, including the data mining projects, and for 

17 the Common Information Management System: Provided 

18 further, That not to exceed $1,000 shall be available for 

19 official reception and representation expenses, as author20 ized by 7 U.S.C. 1506(i). 

21 CORPORATIONS 

22 The following corporations and agencies are hereby 

23 authorized to make expenditures, within the limits of 

24 funds and borrowing authority available to each such cor25 poration or agency and in accord with law, and to make 


hmoore on PROD1PC76 with BILLS
25 

S 1859 PCS 

1 contracts and commitments without regard to fiscal year 

2 limitations as provided by section 104 of the Government 

3 Corporation Control Act as may be necessary in carrying 

4 out the programs set forth in the budget for the current 

5 fiscal year for such corporation or agency, except as here6 inafter provided. 

7 FEDERAL CROP INSURANCE CORPORATION FUND

8 For payments as authorized by section 516 of the 

9 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 

10 as may be necessary, to remain available until expended. 

11 COMMODITY CREDIT CORPORATION FUND

12 REIMBURSEMENT FOR NET REALIZED LOSSES

13 For the current fiscal year, such sums as may be nec14 essary to reimburse the Commodity Credit Corporation for 

15 net realized losses sustained, but not previously reim16 bursed, pursuant to section 2 of the Act of August 17, 

17 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

18 available to the Commodity Credit Corporation under sec19 tion 11 of the Commodity Credit Corporation Charter Act 

20 (15 U.S.C 714i) for the conduct of its business with the 

21 Foreign Agricultural Service, up to $5,000,000 may be 

22 transferred to and used by the Foreign Agricultural Serv23 ice for information resource management activities of the 

24 Foreign Agricultural Service that are not related to Com25 modity Credit Corporation business. 


hmoore on PROD1PC76 with BILLS
26 

S 1859 PCS 

1 HAZARDOUS WASTE MANAGEMENT

2 (LIMITATION ON EXPENSES)

3 For the current fiscal year, the Commodity Credit 

4 Corporation shall not expend more than $5,000,000 for 

5 site investigation and cleanup expenses, and operations 

6 and maintenance expenses to comply with the requirement 

7 of section 107(g) of the Comprehensive Environmental 

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

9 9607(g)), and section 6001 of the Resource Conservation 

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

11 FARM STORAGE FACILITY LOANS PROGRAM ACCOUNT

12 For administrative expenses necessary to carry out 

13 the Farm Storage and Sugar Storage Facility Loan Pro14 grams, $4,660,000, to be transferred to and merged with 

15 the appropriation for Farm Service Agency, Salaries and 

16 Expenses. 

17 TITLE II 

18 CONSERVATION PROGRAMS 

19 OFFICE OF THE UNDER SECRETARY FOR NATURAL

20 RESOURCES AND ENVIRONMENT

21 For necessary expenses of the Office of the Under 

22 Secretary for Natural Resources and Environment, 

23 $781,000. 


hmoore on PROD1PC76 with BILLS
27 

S 1859 PCS 

1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provi4 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

5 including preparation of conservation plans and establish6 ment of measures to conserve soil and water (including 

7 farm irrigation and land drainage and such special meas8 ures for soil and water management as may be necessary 

9 to prevent floods and the siltation of reservoirs and to con10 trol agricultural related pollutants); operation of conserva11 tion plant materials centers; classification and mapping of 

12 soil; dissemination of information; acquisition of lands, 

13 water, and interests therein for use in the plant materials 

14 program by donation, exchange, or purchase at a nominal 

15 cost not to exceed $100 pursuant to the Act of August 

16 3, 1956 (7 U.S.C. 428a); purchase and erection or alter17 ation or improvement of permanent and temporary build18 ings; and operation and maintenance of aircraft, 

19 $862,996,000, to remain available until September 30, 

20 2009, of which not less than $10,950,000 is for snow sur21 vey and water forecasting, and not less than $12,365,000 

22 is for operation and establishment of the plant materials 

23 centers, and of which not less than $27,799,000 shall be 

24 for the grazing lands conservation initiative: Provided, 

25 That appropriations hereunder shall be available pursuant 


hmoore on PROD1PC76 with BILLS
28 

S 1859 PCS 

1 to 7 U.S.C. 2250 for construction and improvement of 

2 buildings and public improvements at plant materials cen3 ters, except that the cost of alterations and improvements 

4 to other buildings and other public improvements shall not 

5 exceed $250,000: Provided further, That when buildings 

6 or other structures are erected on non-Federal land, that 

7 the right to use such land is obtained as provided in 7 

8 U.S.C. 2250a: Provided further, That this appropriation 

9 shall be available for technical assistance and related ex10 penses to carry out programs authorized by section 202(c) 

11 of title II of the Colorado River Basin Salinity Control 

12 Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 

13 qualified local engineers may be temporarily employed at 

14 per diem rates to perform the technical planning work of 

15 the Service. 

16 WATERSHED AND FLOOD PREVENTION OPERATIONS

17 For necessary expenses to carry out preventive meas18 ures, including but not limited to research, engineering op19 erations, methods of cultivation, the growing of vegetation, 

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

21 in accordance with the Watershed Protection and Flood 

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

23 the provisions of the Act of April 27, 1935 (16 U.S.C. 

24 590a–f), and in accordance with the provisions of laws re25 lating to the activities of the Department, $33,450,000, 

26 to remain available until expended: Provided, That not to 


hmoore on PROD1PC76 with BILLS
29 

S 1859 PCS 

1 exceed $1,000,000 of this appropriation is available to 

2 carry out the purposes of the Endangered Species Act of 

3 1973 (Public Law 93–205), including cooperative efforts 

4 as contemplated by that Act to relocate endangered or 

5 threatened species to other suitable habitats as may be 

6 necessary to expedite project construction. 

7 WATERSHED REHABILITATION PROGRAM

8 For necessary expenses to carry out rehabilitation of 

9 structural measures, in accordance with section 14 of the 

10 Watershed Protection and Flood Prevention Act (16 

11 U.S.C. 1012), and in accordance with the provisions of 

12 laws relating to the activities of the Department, 

13 $20,000,000, to remain available until expended. 

14 RESOURCE CONSERVATION AND DEVELOPMENT

15 For necessary expenses in planning and carrying out 

16 projects for resource conservation and development and 

17 for sound land use pursuant to the provisions of sections 

18 31 and 32 of the Bankhead-Jones Farm Tenant Act (7 

19 U.S.C. 1010–1011; 76 Stat. 607); the Act of April 27, 

20 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of 

21 the Agriculture and Food Act of 1981 (16 U.S.C. 3451– 

22 3461), $53,150,000, to remain available until expended. 

23 HEALTHY FORESTS RESERVE PROGRAM

24 For necessary expenses to carry out the Healthy For25 ests Reserve Program authorized under title V of Public 


hmoore on PROD1PC76 with BILLS
30 

S 1859 PCS 

1 Law 108–148 (16 U.S.C. 6571–6578), $2,476,000, to re2 main available until expended. 

3 TITLE III 

4 RURAL DEVELOPMENT PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR RURAL

6 DEVELOPMENT

7 For necessary expenses of the Office of the Under 

8 Secretary for Rural Development, $666,000. 

9 RURAL DEVELOPMENT SALARIES AND EXPENSES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses for carrying out the adminis12 tration and implementation of programs in the Rural De13 velopment mission area, including activities with institu14 tions concerning the development and operation of agricul15 tural cooperatives; and for cooperative agreements; 

16 $175,302,000: Provided, That notwithstanding any other 

17 provision of law, funds appropriated under this section 

18 may be used for advertising and promotional activities 

19 that support the Rural Development mission area: Pro20 vided further, That not more than $10,000 may be ex21 pended to provide modest nonmonetary awards to non22 USDA employees: Provided further, That any balances 

23 available from prior years for the Rural Utilities Service, 

24 Rural Housing Service, and the Rural Business-CooperaVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
31 

S 1859 PCS 

1 tive Service salaries and expenses accounts shall be trans2 ferred to and merged with this appropriation. 

3 RURAL HOUSING SERVICE

4 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed loans as authorized by title V of the 

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

9 rural housing insurance fund, as follows: $4,690,502,000 

10 for loans to section 502 borrowers, of which 

11 $1,129,391,000 shall be for direct loans, and of which 

12 $3,561,111,000 shall be for unsubsidized guaranteed 

13 loans; $34,652,000 for section 504 housing repair loans; 

14 $70,000,000 for section 515 rental housing; $150,000,000 

15 for section 538 guaranteed multi-family housing loans; 

16 $5,045,000 for section 524 site loans; $11,485,000 for 

17 credit sales of acquired property, of which up to 

18 $1,485,000 may be for multi-family credit sales; and 

19 $5,000,000 for section 523 self-help housing land develop20 ment loans. 

21 For the cost of direct and guaranteed loans, including 

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

23 the Congressional Budget Act of 1974, as follows: section 

24 502 loans, $148,319,000, of which $105,824,000 shall be 

25 for direct loans, and of which $42,495,000, to remain 

26 available until expended, shall be for unsubsidized guaranVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
32 

S 1859 PCS 

1 teed loans; section 504 housing repair loans, $9,796,000; 

2 repair, rehabilitation, and new construction of section 515 

3 rental housing, $29,827,000; section 538 multi-family 

4 housing guaranteed loans, $14,100,000; credit sales of ac5 quired property, $552,000; and section 523 self-help hous6 ing and development loans, $142,000: Provided, That of 

7 the total amount appropriated in this paragraph, 

8 $2,500,000 shall be available through June 30, 2008, for 

9 authorized empowerment zones and enterprise commu10 nities and communities designated by the Secretary of Ag11 riculture as Rural Economic Area Partnership Zones: Pro12 vided further, That any funds under this paragraph ini13 tially allocated by the Secretary for housing projects in 

14 the State of Alaska that are not obligated by September 

15 30, 2008, shall be carried over until September 30, 2009, 

16 and made available for such housing projects only in the 

17 State of Alaska: Provided further, That any unobligated 

18 balances for a demonstration program for the preservation 

19 and revitalization of the section 515 multi-family rental 

20 housing properties as authorized by Public Law 109–97 

21 shall be transferred to and merged with the Rural Housing 

22 Service, Multifamily Housing Revitalization Program Ac23 count. 

24 In addition, for administrative expenses necessary to 

25 carry out the direct and guaranteed loan programs, 


hmoore on PROD1PC76 with BILLS
33 

S 1859 PCS 

1 $462,521,000, which shall be transferred to and merged 

2 with the appropriation for Rural Development, Salaries 

3 and Expenses. 

4 FARM LABOR PROGRAM ACCOUNT

5 For the cost of direct loans, grants, and contracts, 

6 as authorized by 42 U.S.C. 1484 and 1486, $22,000,000, 

7 to remain available until expended, for direct farm labor 

8 housing loans and domestic farm labor housing grants and 

9 contracts. 

10 MULTIFAMILY HOUSING REVITALIZATION PROGRAM

11 ACCOUNT

12 For the rural housing voucher program as authorized 

13 under section 542 of the Housing Act of 1949, but not14 withstanding subsection (b) of such section, for the cost 

15 to conduct a housing demonstration program to provide 

16 revolving loans for the preservation of low-income multi17 family housing projects, and for additional costs to con18 duct a demonstration program for the preservation and 

19 revitalization of the section 515 multi-family rental hous20 ing properties, $33,423,000, to remain available until ex21 pended: Provided, That of the funds made available under 

22 this heading, $15,500,000 shall be available for rural 

23 housing vouchers to any low-income household (including 

24 those not receiving rental assistance) residing in a prop25 erty financed with a section 515 loan which has been pre26 paid after September 30, 2005: Provided further, That the 


hmoore on PROD1PC76 with BILLS
34 

S 1859 PCS 

1 amount of such voucher shall be the difference between 

2 comparable market rent for the section 515 unit and the 

3 tenant paid rent for such unit: Provided further, That 

4 funds made available for such vouchers shall be subject 

5 to the availability of annual appropriations: Provided fur6 ther, That the Secretary shall, to the maximum extent 

7 practicable, administer such vouchers with current regula8 tions and administrative guidance applicable to section 8 

9 housing vouchers administered by the Secretary of the De10 partment of Housing and Urban Development (including 

11 the ability to pay administrative costs related to delivery 

12 of the voucher funds): Provided further, That if the Sec13 retary determines that the amount made available for 

14 vouchers in this or any other Act is not needed for vouch15 ers, the Secretary may use such funds for the demonstra16 tion programs for the preservation and revitalization of 

17 the section 515 multifamily rental housing properties de18 scribed in this paragraph: Provided further, That of the 

19 funds made available under this heading, $2,923,000 shall 

20 be available for the cost of loans to private non-profit or21 ganizations, or such non-profit organizations’ affiliate loan 

22 funds and State and local housing finance agencies, to 

23 carry out a housing demonstration program to provide re24 volving loans for the preservation of low-income multi-fam25 ily housing projects: Provided further, That loans under 


hmoore on PROD1PC76 with BILLS
35 

S 1859 PCS 

1 such demonstration program shall have an interest rate 

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

3 Provided further, That the Secretary may defer the inter4 est and principal payment to the Rural Housing Service 

5 for up to 3 years and the term of such loans shall not 

6 exceed 30 years: Provided further, That of the funds made 

7 available under this heading, $15,000,000 shall be avail8 able for a demonstration program for the preservation and 

9 revitalization of the section 515 multi-family rental hous10 ing properties to restructure existing section 515 loans, 

11 as the Secretary deems appropriate, expressly for the pur12 poses of ensuring the project has sufficient resources to 

13 preserve the project for the purpose of providing safe and 

14 affordable housing for low-income residents including re15 ducing or eliminating interest; deferring loan payments, 

16 subordinating, reducing or reamortizing loan debt; and 

17 other financial assistance including advances and incen18 tives required by the Secretary: Provided further, That if 

19 the Secretary determines that additional funds for vouch20 ers described in this paragraph are needed, funds for the 

21 preservation and revitalization demonstration program 

22 may be used for such vouchers: Provided further, That if 

23 Congress enacts legislation to permanently authorize a 

24 section 515 multi-family rental housing loan restructuring 

25 program similar to the demonstration program described 


hmoore on PROD1PC76 with BILLS
36 

S 1859 PCS 

1 herein, the Secretary may use funds made available for 

2 the demonstration program under this heading to carry 

3 out such legislation with the prior approval of the Commit4 tees on Appropriations of both Houses of Congress. 

5 RENTAL ASSISTANCE PROGRAM

6 For rental assistance agreements entered into or re7 newed pursuant to the authority under section 521(a)(2) 

8 or agreements entered into in lieu of debt forgiveness or 

9 payments for eligible households as authorized by section 

10 502(c)(5)(D) of the Housing Act of 1949, $496,950,000, 

11 to remain available through September 30, 2009; and, in 

12 addition, such sums as may be necessary, as authorized 

13 by section 521(c) of the Act, to liquidate debt incurred 

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

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

16 That of this amount, up to $6,000,000 shall be available 

17 for debt forgiveness or payments for eligible households 

18 as authorized by section 502(c)(5)(D) of the Act, and not 

19 to exceed $50,000 per project for advances to nonprofit 

20 organizations or public agencies to cover direct costs 

21 (other than purchase price) incurred in purchasing 

22 projects pursuant to section 502(c)(5)(C) of the Act: Pro23 vided further, That agreements entered into or renewed 

24 during the current fiscal year shall be funded for a one25 year period: Provided further, That any unexpended bal26 ances remaining at the end of such one-year agreements 


hmoore on PROD1PC76 with BILLS
37 

S 1859 PCS 

1 may be transferred and used for the purposes of any debt 

2 reduction; maintenance, repair, or rehabilitation of any ex3 isting projects; preservation; and rental assistance activi4 ties authorized under title V of the Act: Provided further, 

5 That up to $3,000,000 may be used for the purpose of 

6 reimbursing funds used for rental assistance agreements 

7 entered into or renewed pursuant to the authority under 

8 section 521(a)(2) of the Act for emergency needs related 

9 to Hurricanes Katrina and Rita: Provided further, That 

10 rental assistance provided under agreements entered into 

11 prior to fiscal year 2008 for a farm labor multifamily 

12 housing project financed under section 514 or 516 of the 

13 Act may not be recaptured for use in another project until 

14 such assistance has remained unused for a period of 12 

15 consecutive months, if such project has a waiting list of 

16 tenants seeking such assistance or the project has rental 

17 assistance eligible tenants who are not receiving such as18 sistance: Provided further, That such recaptured rental as19 sistance shall, to the extent practicable, be applied to an20 other farm labor multifamily housing project financed 

21 under section 514 or 516 of the Act. 

22 MUTUAL AND SELF-HELP HOUSING GRANTS

23 For grants and contracts pursuant to section 

24 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

25 1490c), $38,000,000, to remain available until expended: 

26 Provided, That of the total amount appropriated, 


hmoore on PROD1PC76 with BILLS
38 

S 1859 PCS 

1 $1,000,000 shall be available through June 30, 2008, for 

2 authorized empowerment zones and enterprise commu3 nities and communities designated by the Secretary of Ag4 riculture as Rural Economic Area Partnership Zones. 

5 RURAL HOUSING ASSISTANCE GRANTS

6 For grants and contracts for very low-income housing 

7 repair, supervisory and technical assistance, compensation 

8 for construction defects, and rural housing preservation 

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

10 U.S.C. 1474, 1479(c), 1490e, and 1490m, $40,590,000, 

11 to remain available until expended: Provided, That of the 

12 total amount appropriated, $1,200,000 shall be available 

13 through June 30, 2008, for authorized empowerment 

14 zones and enterprise communities and communities des15 ignated by the Secretary of Agriculture as Rural Economic 

16 Area Partnership Zones: Provided further, That any bal17 ances to carry out a housing demonstration program to 

18 provide revolving loans for the preservation of low-income 

19 multifamily housing projects as authorized in Public Law 

20 108–447 and Public Law 109–97 shall be transferred to 

21 and merged with the Rural Housing Service, Multifamily 

22 Housing Revitalization Program Account. 

23 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

24 (INCLUDING TRANSFERS OF FUNDS)

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

26 grants for rural community facilities programs as authorVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
39 

S 1859 PCS 

1 ized by section 306 and described in section 381E(d)(1) 

2 of the Consolidated Farm and Rural Development Act, 

3 $67,422,000, to remain available until expended: Pro4 vided, That $6,287,000 of the amount appropriated under 

5 this heading shall be available for a Rural Community De6 velopment Initiative: Provided further, That such funds 

7 shall be used solely to develop the capacity and ability of 

8 private, nonprofit community-based housing and commu9 nity development organizations, low-income rural commu10 nities, and Federally Recognized Native American Tribes 

11 to undertake projects to improve housing, community fa12 cilities, community and economic development projects in 

13 rural areas: Provided further, That such funds shall be 

14 made available to qualified private, nonprofit and public 

15 intermediary organizations proposing to carry out a pro16 gram of financial and technical assistance: Provided fur17 ther, That such intermediary organizations shall provide 

18 matching funds from other sources, including Federal 

19 funds for related activities, in an amount not less than 

20 funds provided: Provided further, That $16,000,000 of the 

21 amount appropriated under this heading shall be to pro22 vide grants for facilities in rural communities with extreme 

23 unemployment and severe economic depression (Public 

24 Law 106–387), with up to 5 percent for administration 

25 and capacity building in the State rural development ofVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
40 

S 1859 PCS 

1 fices: Provided further, That $4,000,000 of the amount ap2 propriated under this heading shall be available for com3 munity facilities grants to tribal colleges, as authorized by 

4 section 306(a)(19) of such Act: Provided further, That not 

5 to exceed $1,067,000 of the amount appropriated under 

6 this heading shall be available through June 30, 2008, for 

7 authorized empowerment zones and enterprise commu8 nities and communities designated by the Secretary of Ag9 riculture as Rural Economic Area Partnership Zones for 

10 the rural community programs described in section 

11 381E(d)(1) of the Consolidated Farm and Rural Develop12 ment Act: Provided further, That section 381E–H and 

13 381N of the Consolidated Farm and Rural Development 

14 Act are not applicable to the funds made available under 

15 this heading: Provided further, That any prior balances in 

16 the Rural Development, Rural Community Advancement 

17 Program account for programs authorized by section 306 

18 and described in section 381E(d)(1) of such Act be trans19 ferred and merged with this account and any other prior 

20 balances from the Rural Development, Rural Community 

21 Advancement Program account that the Secretary deter22 mines is appropriate to transfer. 


hmoore on PROD1PC76 with BILLS
41 

S 1859 PCS 

1 RURAL BUSINESS—COOPERATIVE SERVICE

2 RURAL BUSINESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

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

5 grants, for the rural business development programs au6 thorized by sections 306 and 310B and described in sec7 tion 310B(f) and 381E(d)(3) of the Consolidated Farm 

8 and Rural Development Act, $86,200,000, to remain 

9 available until expended: Provided, That of the amount ap10 propriated under this heading, not to exceed $495,000 

11 shall be made available for a grant to a qualified national 

12 organization to provide technical assistance for rural 

13 transportation in order to promote economic development 

14 and $3,000,000 shall be for grants to the Delta Regional 

15 Authority (7 U.S.C. 1921 et seq.) for any Rural Commu16 nity Advancement Program purpose as described in sec17 tion 381E(d) of the Consolidated Farm and Rural Devel18 opment Act: Provided further, That $3,996,000 of the 

19 amount appropriated under this heading shall be for busi20 ness grants to benefit Federally Recognized Native Amer21 ican Tribes, including $248,000 for a grant to a qualified 

22 national organization to provide technical assistance for 

23 rural transportation in order to promote economic develop24 ment: Provided further, That not to exceed $8,300,000 of 

25 the amount appropriated under this heading shall be avail26 able through June 30, 2008, for authorized empowerment 


hmoore on PROD1PC76 with BILLS
42 

S 1859 PCS 

1 zones and enterprise communities and communities des2 ignated by the Secretary of Agriculture as Rural Economic 

3 Area Partnership Zones for the rural business and cooper4 ative development programs described in section 

5 381E(d)(3) of the Consolidated Farm and Rural Develop6 ment Act: Provided further, That section 381E–H and 

7 381N of the Consolidated Farm and Rural Development 

8 Act are not applicable to funds made available under this 

9 heading: Provided further, That any prior balances in the 

10 Rural Development, Rural Community Advancement Pro11 gram account for programs authorized by sections 306 

12 and 310B and described in section 310B(f) and 

13 381E(d)(3) of such Act be transferred and merged with 

14 this account and any other prior balances from the Rural 

15 Development, Rural Community Advancement Program 

16 account that the Secretary determines is appropriate to 

17 transfer. 

18 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For the principal amount of direct loans, as author21 ized by the Rural Development Loan Fund (42 U.S.C. 

22 9812(a)), $33,870,000. 

23 For the cost of direct loans, $14,527,000, as author24 ized by the Rural Development Loan Fund (42 U.S.C. 

25 9812(a)), of which $1,724,000 shall be available through 

26 June 30, 2008, for Federally Recognized Native American 


hmoore on PROD1PC76 with BILLS
43 

S 1859 PCS 

1 Tribes and of which $3,449,000 shall be available through 

2 June 30, 2008, for Mississippi Delta Region counties (as 

3 determined in accordance with Public Law 100–460): Pro4 vided, That such costs, including the cost of modifying 

5 such loans, shall be as defined in section 502 of the Con6 gressional Budget Act of 1974: Provided further, That of 

7 the total amount appropriated, $887,000 shall be available 

8 through June 30, 2008, for the cost of direct loans for 

9 authorized empowerment zones and enterprise commu10 nities and communities designated by the Secretary of Ag11 riculture as Rural Economic Area Partnership Zones. 

12 In addition, for administrative expenses to carry out 

13 the direct loan programs, $4,861,000 shall be transferred 

14 to and merged with the appropriation for Rural Develop15 ment, Salaries and Expenses. 

16 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

17 ACCOUNT

18 (INCLUDING RESCISSION OF FUNDS)

19 For the principal amount of direct loans, as author20 ized under section 313 of the Rural Electrification Act, 

21 for the purpose of promoting rural economic development 

22 and job creation projects, $33,077,000. 

23 Of the funds derived from interest on the cushion of 

24 credit payments in the current fiscal year, as authorized 

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


hmoore on PROD1PC76 with BILLS
44 

S 1859 PCS 

1 $34,000,000 shall not be obligated and $34,000,000 are 

2 rescinded. 

3 RURAL COOPERATIVE DEVELOPMENT GRANTS

4 For rural cooperative development grants authorized 

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

6 Rural Development Act (7 U.S.C. 1932), $26,403,000, of 

7 which $3,000,000 shall be for cooperative agreements for 

8 the appropriate technology transfer for rural areas pro9 gram: Provided, That not to exceed $1,473,000 shall be 

10 for cooperatives or associations of cooperatives whose pri11 mary focus is to provide assistance to small, minority pro12 ducers and whose governing board and/or membership is 

13 comprised of at least 75 percent minority; and of which 

14 $17,475,000, to remain available until expended, shall be 

15 for value-added agricultural product market development 

16 grants, as authorized by section 6401 of the Farm Secu17 rity and Rural Investment Act of 2002 (7 U.S.C. 1621 

18 note). 

19 RURAL EMPOWERMENT ZONES AND ENTERPRISE

20 COMMUNITY GRANTS

21 For grants in connection with empowerment zones 

22 and enterprise communities, $10,000,000, to remain avail23 able until expended, for designated rural empowerment 

24 zones and rural enterprise communities, as authorized by 

25 the Taxpayer Relief Act of 1997 and the Omnibus Consoli26 dated and Emergency Supplemental Appropriations Act, 


hmoore on PROD1PC76 with BILLS
45 

S 1859 PCS 

1 1999 (Public Law 105–277): Provided, That the funds 

2 provided under this paragraph shall be made available to 

3 empowerment zones and enterprise communities in a man4 ner and with the same priorities such funds were made 

5 available during the 2007 fiscal year. 

6 RENEWABLE ENERGY PROGRAM

7 For the cost of a program of direct loans, loan guar8 antees, and grants, under the same terms and conditions 

9 as authorized by section 9006 of the Farm Security and 

10 Rural Investment Act of 2002 (7 U.S.C. 8106), 

11 $28,489,000: Provided, That the cost of direct loans and 

12 loan guarantees, including the cost of modifying such 

13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974. 

15 RURAL UTILITIES SERVICE

16 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

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

19 grants for the rural water, waste water, waste disposal, 

20 and solid waste management programs authorized by sec21 tions 306, 306A, 306C, 306D, and 310B and described 

22 in sections 306C(a)(2), 306D, and 381E(d)(2) of the Con23 solidated Farm and Rural Development Act, 

24 $550,469,000, to remain available until expended: Pro25 vided, That $65,835,000 of the amount appropriated 

26 under this heading shall be for water and waste disposal 


hmoore on PROD1PC76 with BILLS
46 

S 1859 PCS 

1 systems grants authorized by 306C(a)(2)(B) and 306D of 

2 the Consolidated Farm and Rural Development Act and 

3 Native Americans authorized by 306C(a)(1): Provided fur4 ther, That the Secretary shall allocate the funds described 

5 in the previous proviso in a manner consistent with the 

6 allocation for such populations in fiscal year 2007 under 

7 these authorities: Provided further, That not to exceed 

8 $18,810,000 of the amount appropriated under this head9 ing shall be for technical assistance grants for rural water 

10 and waste systems pursuant to section 306(a)(14) of such 

11 Act, unless the Secretary makes a determination of ex12 treme need, of which $5,600,000 shall be made available 

13 for a grant to a qualified non-profit multi-state regional 

14 technical assistance organization, with experience in work15 ing with small communities on water and waste water 

16 problems, the principal purpose of such grant shall be to 

17 assist rural communities with populations of 3,300 or less, 

18 in improving the planning, financing, development, oper19 ation, and management of water and waste water systems, 

20 and of which not less than $841,500 shall be for a quali21 fied national Native American organization to provide 

22 technical assistance for rural water systems for tribal com23 munities: Provided further, That not to exceed 

24 $13,612,500 of the amount appropriated under this head25 ing shall be for contracting with qualified national organiVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
47 

S 1859 PCS 

1 zations for a circuit rider program to provide technical as2 sistance for rural water systems: Provided further, That 

3 not to exceed $12,000,000 of the amount appropriated 

4 under this heading shall be available through June 30, 

5 2008, for authorized empowerment zones and enterprise 

6 communities and communities designated by the Secretary 

7 of Agriculture as Rural Economic Area Partnership Zones 

8 for the rural utilities programs described in section 

9 381E(d)(2) of such Act: Provided further, That 

10 $22,000,000 of the amount appropriated under this head11 ing shall be transferred to, and merged with, the Rural 

12 Utilities Service, High Energy Cost Grants Account to 

13 provide grants authorized under section 19 of the Rural 

14 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur15 ther, That any prior year balances for high cost energy 

16 grants authorized by section 19 of the Rural Electrifica17 tion Act of 1936 (7 U.S.C. 901(19)) shall be transferred 

18 to and merged with the Rural Utilities Service, High En19 ergy Costs Grants Account: Provided further, That section 

20 381E–H and 381N of the Consolidated Farm and Rural 

21 Development Act are not applicable to the funds made 

22 available under this heading: Provided further, That any 

23 prior balances in the Rural Development, Rural Commu24 nity Advancement Program account programs authorized 

25 by sections 306, 306A, 306C, 306D, and 310B and deVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
48 

S 1859 PCS 

1 scribed in sections 306C(a)(2), 306D, and 381E(d)(2) of 

2 such Act be transferred and merged with this account and 

3 any other prior balances from the Rural Development, 

4 Rural Community Advancement Program account that the 

5 Secretary determines is appropriate to transfer. 

6 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

7 LOANS PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 The principal amount of direct and guaranteed loans 

10 as authorized by section 305 of the Rural Electrification 

11 Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 

12 percent rural electrification loans, $100,000,000; loans 

13 made pursuant to section 306 of that Act, rural electric, 

14 $6,500,000,000; guaranteed underwriting loans pursuant 

15 to section 313A, $1,000,000,000; 5 percent rural tele16 communications loans, $145,000,000; cost of money rural 

17 telecommunications loans, $250,000,000; and for loans 

18 made pursuant to section 306 of that Act, rural tele19 communications loans, $295,000,000. 

20 For the cost, as defined in section 502 of the Con21 gressional Budget Act of 1974, including the cost of modi22 fying loans, of direct and guaranteed loans authorized by 

23 sections 305 and 306 of the Rural Electrification Act of 

24 1936 (7 U.S.C. 935 and 936), as follows: cost of rural 

25 electric loans, $120,000, and the cost of telecommuni26 cations loans, $3,620,000: Provided, That notwithstanding 


hmoore on PROD1PC76 with BILLS
49 

S 1859 PCS 

1 section 305(d)(2) of the Rural Electrification Act of 1936, 

2 borrower interest rates may exceed 7 percent per year. 

3 For baseload generation loans made pursuant to the 

4 authority of section 305 of the Rural Electrification Act 

5 of 1936 (7 U.S.C. 935), the Secretary shall charge an up6 front fee at least equal to the costs of such loan guaran7 tees as calculated in accordance with section 502 of the 

8 Federal Credit Reform Act of 1990: Provided, That funds 

9 from the borrower to pay for the fees described in this 

10 section shall come from non-Federal sources: Provided fur11 ther, That the source of the fees received from a borrower 

12 shall not be a loan or other debt obligation that is made 

13 or guaranteed by the Federal Government: Provided fur14 ther, That the Secretary shall establish a separate fee for 

15 each project: Provided further, That to be eligible for a 

16 baseload generation electric loan made or guaranteed by 

17 the Rural Utilities Service, the borrower must provide a 

18 rating of the project, exclusive of the Federal guarantee, 

19 by an organization identified by the Securities and Ex20 change Commission as a nationally recognized statistical 

21 rating organization, that determines that the project has 

22 at least a AA rating, or equivalent rating, as determined 

23 by the Secretary. 

24 In addition, for administrative expenses necessary to 

25 carry out the direct and guaranteed loan programs, 


hmoore on PROD1PC76 with BILLS
50 

S 1859 PCS 

1 $39,405,000 which shall be transferred to and merged 

2 with the appropriation for Rural Development, Salaries 

3 and Expenses. 

4 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

5 PROGRAM

6 For the principal amount of the broadband tele7 communication loans, $495,000,000. 

8 For grants for telemedicine and distance learning 

9 services in rural areas, as authorized by 7 U.S.C. 950aaa 

10 et seq., $34,750,000, to remain available until expended: 

11 Provided, That $10,000,000 shall be made available to 

12 convert analog to digital operation those noncommercial 

13 educational television broadcast stations that serve rural 

14 areas and are qualified for Community Service Grants by 

15 the Corporation for Public Broadcasting under section 

16 396(k) of the Communications Act of 1934, including as17 sociated translators and repeaters, regardless of the loca18 tion of their main transmitter, studio-to-transmitter links, 

19 and equipment to allow local control over digital content 

20 and programming through the use of high-definition 

21 broadcast, multi-casting and datacasting technologies. 

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

23 U.S.C. 901 et seq., $10,643,000, to remain available until 

24 September 30, 2009: Provided, That the interest rate for 

25 such loans shall be the cost of borrowing to the Depart26 ment of the Treasury for obligations of comparable matuVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
51 

S 1859 PCS 

1 rity: Provided further, That the cost of direct loans shall 

2 be as defined in section 502 of the Congressional Budget 

3 Act of 1974. 

4 In addition, $8,910,000, to remain available until ex5 pended, for a grant program to finance broadband trans6 mission in rural areas eligible for Distance Learning and 

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

8 950aaa. 

9 TITLE IV 

10 DOMESTIC FOOD PROGRAMS 

11 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

12 NUTRITION AND CONSUMER SERVICES

13 For necessary expenses of the Office of the Under 

14 Secretary for Food, Nutrition and Consumer Services, 

15 $628,000. 

16 FOOD AND NUTRITION SERVICE

17 CHILD NUTRITION PROGRAMS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses to carry out the Richard B. 

20 Russell National School Lunch Act (42 U.S.C. 1751 et 

21 seq.), except section 21, and the Child Nutrition Act of 

22 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

23 21; $13,897,272,000, to remain available through Sep24 tember 30, 2009, of which $7,662,215,000 is hereby ap25 propriated and $6,235,057,000 shall be derived by trans26 fer from funds available under section 32 of the Act of 


hmoore on PROD1PC76 with BILLS
52 

S 1859 PCS 

1 August 24, 1935 (7 U.S.C. 612c): Provided, That up to 

2 $5,505,000 shall be available for independent verification 

3 of school food service claims: Provided further, That not4 withstanding any other provision of law, for fiscal year 

5 2008, each State described in section 779 of the Agri6 culture, Rural Development, Food and Drug Administra7 tion, and Related Agencies Appropriations Act, 2006 

8 (Public Law 109–97; 119 Stat. 2162), may continue to 

9 receive funding, not to exceed $500,000 per State, for the 

10 fresh fruit and vegetable pilot program under section 

11 18(g) of the Richard B. Russell National School Lunch 

12 Act (42 U.S.C. 1769(g)) from amounts made available to 

13 carry out that program that remain unexpended as of the 

14 date of enactment of this Act. 

15 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

16 WOMEN, INFANTS, AND CHILDREN (WIC) 

17 For necessary expenses to carry out the special sup18 plemental nutrition program as authorized by section 17 

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

20 $5,720,000,000, to remain available through September 

21 30, 2009, of which such sums as are necessary to restore 

22 the contingency reserve to $116,000,000 shall be placed 

23 in reserve, to remain available until expended, to be allo24 cated as the Secretary deems necessary, notwithstanding 

25 section 17(i) of such Act, to support participation should 

26 cost or participation exceed budget estimates: Provided, 


hmoore on PROD1PC76 with BILLS
53 

S 1859 PCS 

1 That of the current balances remaining in the contingency 

2 reserve on the date of enactment of this Act, amounts in 

3 excess of $116,000,000 shall be made available to support 

4 base program grants for food and nutrition services and 

5 administration: Provided further, That of the total amount 

6 available, the Secretary shall obligate not less than 

7 $15,000,000 for a breastfeeding support initiative in addi8 tion to the activities specified in section 17(h)(3)(A): Pro9 vided further, That only the provisions of section 

10 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be ef11 fective in 2008; including $14,000,000 for the purposes 

12 specified in section 17(h)(10)(B)(i) and $30,000,000 for 

13 the purposes specified in section 17(h)(10)(B)(ii): Pro14 vided further, That of the funds made available for the 

15 purposes specified in section 17(h)(10)(B)(ii), 

16 $15,000,000 shall be made available from WIC contin17 gency funds on October 1, 2007 or the date of enactment 

18 of this Act, whichever is later, if a determination is made 

19 by the Secretary that $80,000,000 in contingency funds 

20 are projected to remain unobligated at the end of fiscal 

21 year 2008, and an additional $15,000,000 shall be made 

22 available from WIC contingency funds if the same deter23 mination is made on July 1, 2008: Provided further, That 

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

25 administrative expenses of WIC clinics except those that 


hmoore on PROD1PC76 with BILLS
54 

S 1859 PCS 

1 have an announced policy of prohibiting smoking within 

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

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

4 available for the purchase of infant formula except in ac5 cordance with the cost containment and competitive bid6 ding requirements specified in section 17 of such Act: Pro7 vided further, That none of the funds provided shall be 

8 available for activities that are not fully reimbursed by 

9 other Federal Government departments or agencies unless 

10 authorized by section 17 of such Act. 

11 FOOD STAMP PROGRAM

12 For necessary expenses to carry out the Food Stamp 

13 Act (7 U.S.C. 2011 et seq.), $39,779,223,000, of which 

14 $3,000,000,000, to remain available through September 

15 30, 2009, shall be placed in reserve for use only in such 

16 amounts and at such times as may become necessary to 

17 carry out program operations: Provided, That funds pro18 vided herein shall be expended in accordance with section 

19 16 of the Food Stamp Act: Provided further, That this 

20 appropriation shall be subject to any work registration or 

21 workfare requirements as may be required by law: Pro22 vided further, That funds made available for Employment 

23 and Training under this heading shall remain available 

24 until expended, as authorized by section 16(h)(1) of the 

25 Food Stamp Act: Provided further, That funds made avail26 able under this heading may be used to enter into conVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
55 

S 1859 PCS 

1 tracts and employ staff to conduct studies, evaluations, or 

2 to conduct activities related to food stamp program integ3 rity provided that such activities are authorized by the 

4 Food Stamp Act. 

5 COMMODITY ASSISTANCE PROGRAM

6 For necessary expenses to carry out disaster assist7 ance and the commodity supplemental food program, as 

8 authorized by section 4(a) of the Agriculture and Con9 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

10 Emergency Food Assistance Act of 1983; special assist11 ance for the nuclear affected islands, as authorized by sec12 tion 103(f)(2)(A)(ii) of the Compact of Free Association 

13 Amendments Act of 2003 (Public Law 108–188); and the 

14 Farmers’ Market Nutrition Program, as authorized by 

15 section 17(m) of the Child Nutrition Act of 1966, 

16 $199,070,000, to remain available through September 30, 

17 2009: Provided, That none of these funds shall be avail18 able to reimburse the Commodity Credit Corporation for 

19 commodities donated to the program: Provided further, 

20 That notwithstanding any other provision of law, effective 

21 with funds made available in fiscal year 2008 to support 

22 the Seniors Farmers’ Market Nutrition Program 

23 (SFMNP), as authorized by section 4402 of Public Law 

24 107–171, such funds shall remain available through Sep25 tember 30, 2009: Provided further, That hereafter no 

26 funds available for SFMNP shall be used to pay State or 


hmoore on PROD1PC76 with BILLS
56 

S 1859 PCS 

1 local sales taxes on food purchased with SFMNP coupons 

2 or checks: Provided further, That hereafter the value of 

3 assistance provided by the SFMNP shall not be considered 

4 income or resources for any purposes under any Federal, 

5 State or local laws related to taxation, welfare and public 

6 assistance programs: Provided further, That of the funds 

7 made available under section 27(a) of the Food Stamp Act 

8 of 1977 (7 U.S.C. 2027(a)), the Secretary may use up 

9 to $10,000,000 for costs associated with the distribution 

10 of commodities. 

11 NUTRITION PROGRAMS ADMINISTRATION

12 For necessary administrative expenses of the Food 

13 and Nutrition Service, $147,426,000, of which $2,500,000 

14 is for the purpose of providing Bill Emerson and Mickey 

15 Leland Hunger Fellowships, through the Congressional 

16 Hunger Center. 

17 TITLE V 

18 FOREIGN ASSISTANCE AND RELATED 

19 PROGRAMS 

20 FOREIGN AGRICULTURAL SERVICE

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Foreign Agricultural 

24 Service, including not to exceed $158,000 for representa25 tion allowances and for expenses pursuant to section 8 of 

26 the Act approved August 3, 1956 (7 U.S.C. 1766), 


hmoore on PROD1PC76 with BILLS
57 

S 1859 PCS 

1 $167,391,000: Provided, That the Service may utilize ad2 vances of funds, or reimburse this appropriation for ex3 penditures made on behalf of Federal agencies, public and 

4 private organizations and institutions under agreements 

5 executed pursuant to the agricultural food production as6 sistance programs (7 U.S.C. 1737) and the foreign assist7 ance programs of the United States Agency for Inter8 national Development: Provided further, That funds made 

9 available for the cost of agreements under title I of the 

10 Agricultural Trade Development and Assistance Act of 

11 1954 and for title I ocean freight differential may be used 

12 interchangeably between the two accounts with prior no13 tice to the Committees on Appropriations of both Houses 

14 of Congress. 

15 PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR

16 PROGRESS PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For administrative expenses to carry out the credit 

19 program of title I, Public Law 83–480 and the Food for 

20 Progress Act of 1985, $2,749,000, to be transferred to 

21 and merged with the appropriation for Farm Service 

22 Agency, Salaries and Expenses. 

23 PUBLIC LAW 480 TITLE II GRANTS

24 For expenses during the current fiscal year, not oth25 erwise recoverable, and unrecovered prior years’ costs, in26 cluding interest thereon, under the Agricultural Trade DeVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
58 

S 1859 PCS 

1 velopment and Assistance Act of 1954, for commodities 

2 supplied in connection with dispositions abroad under title 

3 II of said Act, $1,219,400,000, to remain available until 

4 expended: Provided, That the Commodity Credit Corpora5 tion is authorized to provide the services, facilities, and 

6 authorities for the purpose of implementing such section, 

7 subject to reimbursement from amounts provided herein. 

8 COMMODITY CREDIT CORPORATION EXPORT LOANS

9 PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For administrative expenses to carry out the Com12 modity Credit Corporation’s export guarantee program, 

13 GSM 102 and GSM 103, $5,334,000; to cover common 

14 overhead expenses as permitted by section 11 of the Com15 modity Credit Corporation Charter Act and in conformity 

16 with the Federal Credit Reform Act of 1990, of which 

17 $4,985,000 may be transferred to and merged with the 

18 appropriation for Foreign Agricultural Service, Salaries 

19 and Expenses, and of which $349,000 may be transferred 

20 to and merged with the appropriation for Farm Service 

21 Agency, Salaries and Expenses. 

22 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

23 AND CHILD NUTRITION PROGRAM GRANTS

24 For necessary expenses to carry out the provisions 

25 of section 3107 of the Farm Security and Rural Invest26 ment Act of 2002 (7 U.S.C. 1736o–1), $100,000,000, to 


hmoore on PROD1PC76 with BILLS
59 

S 1859 PCS 

1 remain available until expended: Provided, That the Com2 modity Credit Corporation is authorized to provide the 

3 services, facilities, and authorities for the purpose of im4 plementing such section, subject to reimbursement from 

5 amounts provided herein. 

6 TITLE VI 

7 RELATED AGENCIES AND FOOD AND DRUG 

8 ADMINISTRATION 

9 DEPARTMENT OF HEALTH AND HUMAN 

10 SERVICES 

11 FOOD AND DRUG ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Food and Drug Ad14 ministration, including hire and purchase of passenger 

15 motor vehicles; for payment of space rental and related 

16 costs pursuant to Public Law 92–313 for programs and 

17 activities of the Food and Drug Administration which are 

18 included in this Act; for rental of special purpose space 

19 in the District of Columbia or elsewhere; for miscellaneous 

20 and emergency expenses of enforcement activities, author21 ized and approved by the Secretary and to be accounted 

22 for solely on the Secretary’s certificate, not to exceed 

23 $25,000; and notwithstanding section 521 of Public Law 

24 107–188; $2,276,262,000: Provided, That of the amount 

25 provided under this heading, $459,000,000 shall be deVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
60 

S 1859 PCS 

1 rived from prescription drug user fees authorized by 21 

2 U.S.C. 379h, shall be credited to this account and remain 

3 available until expended, and shall not include any fees 

4 pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for 

5 fiscal year 2009 but collected in fiscal year 2008; 

6 $48,431,000 shall be derived from medical device user fees 

7 authorized by 21 U.S.C. 379j, and shall be credited to this 

8 account and remain available until expended; and 

9 $13,696,000 shall be derived from animal drug user fees 

10 authorized by 21 U.S.C. 379j, and shall be credited to this 

11 account and remain available until expended: Provided fur12 ther, That fees derived from prescription drug, medical de13 vice, and animal drug assessments received during fiscal 

14 year 2008, including any such fees assessed prior to the 

15 current fiscal year but credited during the current year, 

16 shall be subject to the fiscal year 2008 limitation: Provided 

17 further, That none of these funds shall be used to develop, 

18 establish, or operate any program of user fees authorized 

19 by 31 U.S.C. 9701: Provided further, That of the total 

20 amount appropriated: (1) $522,453,000 shall be for the 

21 Center for Food Safety and Applied Nutrition and related 

22 field activities in the Office of Regulatory Affairs; (2) 

23 $680,608,000 shall be for the Center for Drug Evaluation 

24 and Research and related field activities in the Office of 

25 Regulatory Affairs, of which no less than $42,461,000 


hmoore on PROD1PC76 with BILLS
61 

S 1859 PCS 

1 shall be available for the Office of Generic Drugs; (3) 

2 $240,141,000 shall be for the Center for Biologics Evalua3 tion and Research and for related field activities in the 

4 Office of Regulatory Affairs; (4) $110,036,000 shall be 

5 for the Center for Veterinary Medicine and for related 

6 field activities in the Office of Regulatory Affairs; (5) 

7 $270,869,000 shall be for the Center for Devices and Ra8 diological Health and for related field activities in the Of9 fice of Regulatory Affairs; (6) $46,104,000 shall be for 

10 the National Center for Toxicological Research; (7) not 

11 to exceed $108,657,000 shall be for Rent and Related ac12 tivities, of which $38,808,000 is for White Oak Consolida13 tion, other than the amounts paid to the General Services 

14 Administration for rent; (8) not to exceed $160,544,000 

15 shall be for payments to the General Services Administra16 tion for rent; and (9) $136,850,000 shall be for other ac17 tivities, including the Office of the Commissioner; the Of18 fice of Management; the Office of External Relations; the 

19 Office of Policy and Planning; and central services for 

20 these offices: Provided further, That funds may be trans21 ferred from one specified activity to another with the prior 

22 notification of the Committees on Appropriations of both 

23 Houses of Congress. 


hmoore on PROD1PC76 with BILLS
62 

S 1859 PCS 

1 In addition, mammography user fees authorized by 

2 42 U.S.C. 263b may be credited to this account, to remain 

3 available until expended. 

4 In addition, export certification user fees authorized 

5 by 21 U.S.C. 381 may be credited to this account, to re6 main available until expended. 

7 BUILDINGS AND FACILITIES

8 For plans, construction, repair, improvement, exten9 sion, alteration, and purchase of fixed equipment or facili10 ties of or used by the Food and Drug Administration, 

11 where not otherwise provided, $4,950,000, to remain 

12 available until expended. 

13 INDEPENDENT AGENCY 

14 FARM CREDIT ADMINISTRATION

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 Not to exceed $46,000,000 (from assessments col17 lected from farm credit institutions and from the Federal 

18 Agricultural Mortgage Corporation) shall be obligated 

19 during the current fiscal year for administrative expenses 

20 as authorized under 12 U.S.C. 2249: Provided, That this 

21 limitation shall not apply to expenses associated with re22 ceiverships. 


hmoore on PROD1PC76 with BILLS
63 

S 1859 PCS 

1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 

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

8 specifically provided for, of not to exceed 292 passenger 

9 motor vehicles, of which 290 shall be for replacement only, 

10 and for the hire of such vehicles. 

11 SEC. 702. New obligational authority provided for the 

12 following appropriation items in this Act shall remain 

13 available until expended: Animal and Plant Health Inspec14 tion Service, the contingency fund to meet emergency con15 ditions, information technology infrastructure, emerging 

16 plant pests, cotton pests program, grasshopper program, 

17 low pathogenic avian influenza program, highly pathogenic 

18 avian influenza program, up to $19,827,000 in animal 

19 health monitoring and surveillance for the animal identi20 fication system, up to $1,500,000 in the scrapie program 

21 for indemnities, up to $8,141,000 in the emergency man22 agement systems program for the vaccine bank, up to 

23 $1,000,000 for wildlife services methods development, up 

24 to $1,000,000 of the wildlife services operations program 

25 for aviation safety, and up to 25 percent of the screwworm 


hmoore on PROD1PC76 with BILLS
64 

S 1859 PCS 

1 program; Food Safety and Inspection Service, Public 

2 Health Data Communication Infrastructure System; Co3 operative State Research, Education, and Extension Serv4 ice, funds for competitive research grants (7 U.S.C. 

5 450i(b)), and funds for the Native American Institutions 

6 Endowment Fund; Farm Service Agency, salaries and ex7 penses funds made available to county committees; For8 eign Agricultural Service, middle-income country training 

9 program, and up to $2,000,000 of the Foreign Agricul10 tural Service appropriation solely for the purpose of offset11 ting fluctuations in international currency exchange rates, 

12 subject to documentation by the Foreign Agricultural 

13 Service. 

14 SEC. 703. The Secretary of Agriculture may transfer 

15 unobligated balances of discretionary funds appropriated 

16 by this Act or other available unobligated discretionary 

17 balances of the Department of Agriculture to the Working 

18 Capital Fund for the acquisition of plant and capital 

19 equipment necessary for the delivery of financial, adminis20 trative, and information technology services of primary 

21 benefit to the agencies of the Department of Agriculture, 

22 including the modernization of those services and capital 

23 and plant equipment, investment, and modernization at 

24 the National Finance Center: Provided, That none of the 

25 funds made available by this Act or any other Act shall 


hmoore on PROD1PC76 with BILLS
65 

S 1859 PCS 

1 be transferred to the Working Capital Fund without the 

2 prior approval of the agency administrator: Provided fur3 ther, That none of the funds transferred to the Working 

4 Capital Fund pursuant to this section shall be available 

5 for obligation without the prior notification of the Com6 mittees on Appropriations of both Houses of Congress. 

7 SEC. 704. No part of any appropriation contained in 

8 this Act shall remain available for obligation beyond the 

9 current fiscal year unless expressly so provided herein. 

10 SEC. 705. No funds appropriated by this Act may be 

11 used to pay negotiated indirect cost rates on cooperative 

12 agreements or similar arrangements between the United 

13 States Department of Agriculture and nonprofit institu14 tions in excess of 10 percent of the total direct cost of 

15 the agreement when the purpose of such cooperative ar16 rangements is to carry out programs of mutual interest 

17 between the two parties. This does not preclude appro18 priate payment of indirect costs on grants and contracts 

19 with such institutions when such indirect costs are com20 puted on a similar basis for all agencies for which appro21 priations are provided in this Act. 

22 SEC. 706. None of the funds in this Act shall be avail23 able to pay indirect costs charged against competitive agri24 cultural research, education, or extension grant awards 

25 issued by the Cooperative State Research, Education, and 


hmoore on PROD1PC76 with BILLS
66 

S 1859 PCS 

1 Extension Service that exceed 20 percent of total Federal 

2 funds provided under each award: Provided, That notwith3 standing section 1462 of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3310), funds provided by this Act for grants 

6 awarded competitively by the Cooperative State Research, 

7 Education, and Extension Service shall be available to pay 

8 full allowable indirect costs for each grant awarded under 

9 section 9 of the Small Business Act (15 U.S.C. 638). 

10 SEC. 707. Appropriations to the Department of Agri11 culture for the cost of direct and guaranteed loans made 

12 available in the current fiscal year shall remain available 

13 until expended to disburse obligations made in the current 

14 fiscal year for the following accounts: the Rural Develop15 ment Loan Fund program account, the Rural Electrifica16 tion and Telecommunication Loans program account, and 

17 the Rural Housing Insurance Fund program account. 

18 SEC. 708. Of the funds made available by this Act, 

19 not more than $1,800,000 shall be used to cover necessary 

20 expenses of activities related to all advisory committees, 

21 panels, commissions, and task forces of the Department 

22 of Agriculture, except for panels used to comply with nego23 tiated rule makings and panels used to evaluate competi24 tively awarded grants. 


hmoore on PROD1PC76 with BILLS
67 

S 1859 PCS 

1 SEC. 709. None of the funds appropriated by this Act 

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

3 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul4 try Products Inspection Act (21 U.S.C. 471). 

5 SEC. 710. No employee of the Department of Agri6 culture may be detailed or assigned from an agency or 

7 office funded by this Act to any other agency or office 

8 of the Department for more than 30 days unless the indi9 vidual’s employing agency or office is fully reimbursed by 

10 the receiving agency or office for the salary and expenses 

11 of the employee for the period of assignment. 

12 SEC. 711. None of the funds appropriated or other13 wise made available to the Department of Agriculture or 

14 the Food and Drug Administration shall be used to trans15 mit or otherwise make available to any non-Department 

16 of Agriculture or non-Department of Health and Human 

17 Services employee questions or responses to questions that 

18 are a result of information requested for the appropria19 tions hearing process. 

20 SEC. 712. None of the funds made available to the 

21 Department of Agriculture by this Act may be used to ac22 quire new information technology systems or significant 

23 upgrades, as determined by the Office of the Chief Infor24 mation Officer, without the approval of the Chief Informa25 tion Officer and the concurrence of the Executive InformaVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
68 

S 1859 PCS 

1 tion Technology Investment Review Board: Provided, That 

2 notwithstanding any other provision of law, none of the 

3 funds appropriated or otherwise made available by this 

4 Act may be transferred to the Office of the Chief Informa5 tion Officer unless prior notification has been transmitted 

6 to the Committees on Appropriations of both Houses of 

7 Congress: Provided further, That none of the funds avail8 able to the Department of Agriculture for information 

9 technology shall be obligated for projects over $25,000 

10 prior to receipt of written approval by the Chief Informa11 tion Officer. 

12 SEC. 713. (a) None of the funds provided by this Act, 

13 or provided by previous Appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in the current fiscal year, or provided from 

16 any accounts in the Treasury of the United States derived 

17 by the collection of fees available to the agencies funded 

18 by this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds which— 

20 (1) creates new programs; 

21 (2) eliminates a program, project, or activity; 

22 (3) increases funds or personnel by any means 

23 for any project or activity for which funds have been 

24 denied or restricted; 

25 (4) relocates an office or employees; 


hmoore on PROD1PC76 with BILLS
69 

S 1859 PCS 

1 (5) reorganizes offices, programs, or activities; 

2 or 

3 (6) contracts out or privatizes any functions or 

4 activities presently performed by Federal employees; 

5 unless the Committees on Appropriations of both 

6 Houses of Congress are notified 15 days in advance 

7 of such reprogramming of funds. 

8 (b) None of the funds provided by this Act, or pro9 vided by previous Appropriations Acts to the agencies 

10 funded by this Act that remain available for obligation or 

11 expenditure in the current fiscal year, or provided from 

12 any accounts in the Treasury of the United States derived 

13 by the collection of fees available to the agencies funded 

14 by this Act, shall be available for obligation or expenditure 

15 for activities, programs, or projects through a reprogram16 ming of funds in excess of $500,000 or 10 percent, which17 ever is less, that: (1) augments existing programs, 

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

19 for any existing program, project, or activity, or numbers 

20 of personnel by 10 percent as approved by Congress; or 

21 (3) results from any general savings from a reduction in 

22 personnel which would result in a change in existing pro23 grams, activities, or projects as approved by Congress; un24 less the Committees on Appropriations of both Houses of 


hmoore on PROD1PC76 with BILLS
70 

S 1859 PCS 

1 Congress are notified 15 days in advance of such re2 programming of funds. 

3 (c) The Secretary of Agriculture or the Secretary of 

4 Health and Human Services shall notify the Committees 

5 on Appropriations of both Houses of Congress before im6 plementing a program or activity not carried out during 

7 the previous fiscal year unless the program or activity is 

8 funded by this Act or specifically funded by any other Act. 

9 SEC. 714. Notwithstanding any other provision of 

10 law, the Natural Resources Conservation Service shall pro11 vide financial and technical assistance— 

12 (1) from funds available for the Watershed and 

13 Flood Prevention Operations program— 

14 (A) for the Lost River Watershed Project 

15 in the State of West Virginia, in an amount not 

16 to exceed $5,000,000; 

17 (B) for the Lower Hamakua Ditch Water18 shed Project in the State of Hawaii, in an 

19 amount not to exceed $250,000; 

20 (C) for the Upcountry Maui Watershed 

21 Project in the State of Hawaii, in an amount 

22 not to exceed $250,000; 

23 (D) for the Pocasset River Floodplain 

24 Management Project in the State of Rhode Is25 land, in an amount not to exceed $450,000; and 


hmoore on PROD1PC76 with BILLS
71 

S 1859 PCS 

1 (E) for authorized watershed projects in 

2 the State of Missouri, in an amount not to ex3 ceed $2,500,000; 

4 (2) through the Watershed and Flood Preven5 tion Operations program to carry out the East Lo6 cust Creek Watershed Plan Revision in Missouri, in7 cluding up to 100 percent of the engineering assist8 ance and 75 percent cost share for construction cost 

9 of site RW1; 

10 (3) through the Watershed Flood Prevention 

11 Operations program to carry out the Little Otter 

12 Creek Watershed project. The sponsoring local orga13 nization may obtain land rights by perpetual ease14 ments; and 

15 (4) through the Watershed and Flood Preven16 tion Operations program to the McDowell Grove 

17 Dam Flood Plain/Wetlands Restoration Project in 

18 DuPage County, Illinois. 

19 SEC. 715. None of the funds made available to the 

20 Food and Drug Administration by this Act shall be used 

21 to close or relocate, or to plan to close or relocate, the 

22 Food and Drug Administration Division of Pharma23 ceutical Analysis in St. Louis, Missouri, outside the city 

24 or county limits of St. Louis, Missouri. 


hmoore on PROD1PC76 with BILLS
72 

S 1859 PCS 

1 SEC. 716. Notwithstanding any other provision of 

2 law, of the funds made available in this Act for competitive 

3 research grants (7 U.S.C. 450i(b)), the Secretary may use 

4 up to 30 percent of the amount provided to carry out a 

5 competitive grants program under the same terms and 

6 conditions as those provided in section 401 of the Agricul7 tural Research, Extension, and Education Reform Act of 

8 1998 (7 U.S.C. 7621). 

9 SEC. 717. None of the funds appropriated or other10 wise made available by this or any other Act shall be used 

11 to pay the salaries and expenses of personnel to carry out 

12 an environmental quality incentives program authorized 

13 by 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 $1,000,000,000. 

16 SEC. 718. None of the funds appropriated or made 

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

18 the salaries and expenses of personnel to carry out section 

19 14(h)(1) of the Watershed Protection and Flood Preven20 tion Act (16 U.S.C. 1012(h)(1)): Provided, That the 

21 $65,000,000 otherwise made available under this program 

22 for fiscal year 2008 are hereby rescinded. 

23 SEC. 719. None of the funds made available in fiscal 

24 year 2008 or preceding fiscal years for programs author25 ized under the Agricultural Trade Development and AsVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
73 

S 1859 PCS 

1 sistance Act of 1954 (7 U.S.C. 1691 et seq.) in excess 

2 of $20,000,000 shall be used to reimburse the Commodity 

3 Credit Corporation for the release of eligible commodities 

4 under section 302(f)(2)(A) of the Bill Emerson Humani5 tarian Trust Act (7 U.S.C. 1736f–1): Provided, That any 

6 such funds made available to reimburse the Commodity 

7 Credit Corporation shall only be used pursuant to section 

8 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust 

9 Act. 

10 SEC. 720. Notwithstanding subsections (c) and (e)(2) 

11 of section 313A of the Rural Electrification Act (7 U.S.C. 

12 940c(c) and (e)(2)) in implementing section 313A of that 

13 Act, the Secretary shall, with the consent of the lender, 

14 structure the schedule for payment of the annual fee, not 

15 to exceed an average of 30 basis points per year for the 

16 term of the loan, to ensure that sufficient funds are avail17 able to pay the subsidy costs for note guarantees under 

18 that section. 

19 SEC. 721. There is hereby appropriated $437,000, to 

20 remain available until expended, for the Denali Commis21 sion to address deficiencies in solid waste disposal sites 

22 which threaten to contaminate rural drinking water sup23 plies. 

24 SEC. 722. None of the funds made available by this 

25 Act may be used to issue a final rule in furtherance of, 


hmoore on PROD1PC76 with BILLS
74 

S 1859 PCS 

1 or otherwise implement, the proposed rule on cost-sharing 

2 for animal and plant health emergency programs of the 

3 Animal and Plant Health Inspection Service published on 

4 July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg. 

5 40541). 

6 SEC. 723. Funds made available under section 1240I 

7 and section 1241(a) of the Food Security Act of 1985 in 

8 the current fiscal year shall remain available until ex9 pended to disburse obligations made in the current fiscal 

10 year, and are not available for new obligations. Funds 

11 made available under section 524(b) of the Federal Crop 

12 Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004, 

13 2005, 2006, 2007, and 2008 shall remain available until 

14 expended to disburse obligations made in fiscal years 

15 2004, 2005, 2006, 2007, and 2008, respectively, and are 

16 not available for new obligations. 

17 SEC. 724. Notwithstanding any other provision of 

18 law, any former RUS borrower that has repaid or prepaid 

19 an insured, direct or guaranteed loan under the Rural 

20 Electrification Act, or any not-for-profit utility that is eli21 gible to receive an insured or direct loan under such Act, 

22 shall be eligible for assistance under Section 313(b)(2)(B) 

23 of such Act in the same manner as a borrower under such 

24 Act. 


hmoore on PROD1PC76 with BILLS
75 

S 1859 PCS 

1 SEC. 725. Hereafter, notwithstanding any other pro2 vision of law, the Secretary of Agriculture is authorized 

3 to make funding and other assistance available through 

4 the emergency watershed protection program under sec5 tion 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 

6 2203) to repair and prevent damage to non-Federal land 

7 in watersheds that have been impaired by fires initiated 

8 by the Federal Government and shall waive cost sharing 

9 requirements for the funding and assistance. 

10 SEC. 726. None of the funds provided in this Act may 

11 be used for salaries and expenses to draft or implement 

12 any regulation or rule insofar as it would require recertifi13 cation of rural status for each electric and telecommuni14 cations borrower for the Rural Electrification and Tele15 communication Loans program. 

16 SEC. 727. None of the funds made available in this 

17 Act may be used to study, complete a study of, or enter 

18 into a contract with a private party to carry out, without 

19 specific authorization in a subsequent Act of Congress, a 

20 competitive sourcing activity of the Secretary of Agri21 culture, including support personnel of the Department of 

22 Agriculture, relating to rural development or farm loan 

23 programs. 

24 SEC. 728. Of the amount available for Estimated Fu25 ture Needs under section 32 of the Act of August 24, 


hmoore on PROD1PC76 with BILLS
76 

S 1859 PCS 

1 1935, $184,000,000 are hereby rescinded: Provided, That 

2 in addition, of the unobligated balances under section 32 

3 of the Act of August 24, 1935, $147,000,000 are hereby 

4 rescinded. 

5 SEC. 729. None of the funds made available under 

6 this Act shall be available to pay the administrative ex7 penses of a State agency that, after the date of enactment 

8 of this Act and prior to receiving certification in accord9 ance with the provisions set forth in section 17(h)(11)(E) 

10 of the Child Nutrition Act of 1966, authorizes any new 

11 for-profit vendor(s) to transact food instruments under 

12 the Special Supplemental Nutrition Program for Women, 

13 Infants, and Children (WIC) if it is expected that more 

14 than 50 percent of the annual revenue of the vendor from 

15 the sale of food items will be derived from the sale of sup16 plemental foods that are obtained with WIC food instru17 ments, except that the Secretary may approve the author18 ization of such a vendor if the approval is necessary to 

19 assure participant access to program benefits. 

20 SEC. 730. Of the appropriations available for pay21 ments for the nutrition and family education program for 

22 low-income areas under section 3(d) of the Smith-Lever 

23 Act (7 U.S.C. 343(d)), if the payment allocation pursuant 

24 to section 1425(c) of the National Agricultural Research, 

25 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 


hmoore on PROD1PC76 with BILLS
77 

S 1859 PCS 

1 3175(c)) would be less than $100,000 for any institution 

2 eligible under section 3(d)(2) of the Smith-Lever Act, the 

3 Secretary shall adjust payment allocations under section 

4 1425(c) of the National Agricultural Research, Extension, 

5 and Teaching Policy Act of 1977 to ensure that each insti6 tution receives a payment of not less than $100,000. 

7 SEC. 731. There is hereby appropriated $5,000,000, 

8 to remain available until expended, for a grant to the Na9 tional Center for Natural Products Research for construc10 tion or renovation to carry out the research objectives of 

11 the natural products research grant issued by the Food 

12 and Drug Administration. 

13 SEC. 732. There is hereby appropriated $200,000, to 

14 remain available until expended, for the planning and de15 sign of construction of an agriculture pest facility in the 

16 State of Hawaii. 

17 SEC. 733. None of the funds made available by this 

18 or any other Act shall be used to transfer funds or assess 

19 charges or fees in excess of 5 percent from any program, 

20 project, or activity funded under the Animal and Plant 

21 Health Inspection Service. 

22 SEC. 734. Notwithstanding any other provision of 

23 law, and until receipt of the decennial Census for the year 

24 2010, the service areas being acquired by Mid-Kansas 

25 Electric Cooperative shall be considered eligible for financVerDate Aug 31 2005 07:09 Jul 25, 2007 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1859.PCS S1859

hmoore on PROD1PC76 with BILLS
78 

S 1859 PCS 

1 ing under the provisions of the Rural Electrification Act 

2 of 1936, as amended. 

3 SEC. 735. Section 9012 of Public Law 110–28 is 

4 hereby repealed. 

5 SEC. 736. The Secretary of Agriculture shall continue 

6 the Water and Waste Systems direct loan program under 

7 the authority and conditions (including the fees, borrower 

8 interest rate, and President’s economic assumptions for 

9 the 2008 fiscal year, as of June 1, 2007) provided by the 

10 Continuing Appropriations Resolution, 2007. 

11 SEC. 737. Section 704 of the Department of Agri12 culture Organic Act of 1944 (7 U.S.C. 2258) is amended 

13 by striking the first proviso. 

14 SEC. 738. Notwithstanding any other provision of 

15 law, and until receipt of the decennial Census for the year 

16 2010, the Secretary of Agriculture shall consider— 

17 (1) the City of Parsons, Kansas; the Town of 

18 Boone, North Carolina; the City of Henderson, 

19 North Carolina; and the City of Lenoir, North Caro20 lina to be rural areas for the purposes of eligibility 

21 for Rural Utilities Service water and waste loans 

22 and grants. 

23 (2) the City of Lansing, Kansas a rural area 

24 for purposes of eligibility for Rural Housing Service 

25 programs, and the City of Leavenworth, Kansas and 


hmoore on PROD1PC76 with BILLS
79 

S 1859 PCS 

1 the City of Lansing, Kansas as separate geographic 

2 entities for purposes of Rural Development grants 

3 and loans. 

4 SEC. 739. There is hereby appropriated $1,000,000 

5 to the Farm Service Agency to carry out a pilot program 

6 to demonstrate the use of new technologies that increase 

7 the rate of growth of re-forested hardwood trees on private 

8 non-industrial forests lands, enrolling lands on the coast 

9 of the Gulf of Mexico that were damaged by Hurricane 

10 Katrina in 2005. 

11 SEC. 740. (a) Section 9002(a) of the U.S. Troop 

12 Readiness, Veterans’ Care, Katrina Recovery, and Iraq 

13 Accountability Appropriations Act, 2007 (Public law 110– 

14 28; 121 Stat. 211) is amended by striking ‘‘February 28, 

15 2007’’ each place it occurs and inserting ‘‘December 31, 

16 2007’’. 

17 (b) There is hereby appropriated $10,000,000 to 

18 carry out the Emergency Conservation Program. 

19 SEC. 741. TRAVEL RELATING TO COMMERCIAL

20 SALES OF AGRICULTURAL AND MEDICAL GOODS. Section 

21 910(a) of the Trade Sanctions Reform and Export En22 hancement Act of 2000 (22 U.S.C. 7209(a)) is amended 

23 to read as follows: 

24 ‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO

25 COMMERCIAL SALES OF AGRICULTURAL AND MEDICAL


hmoore on PROD1PC76 with BILLS
80 

S 1859 PCS 

1 GOODS.—The Secretary of the Treasury shall promulgate 

2 regulations under which the travel-related transactions 

3 listed in paragraph (c) of section 515.560 of title 31, Code 

4 of Federal Regulations, are authorized by general license 

5 for travel to, from, or within Cuba for the marketing and 

6 sale of agricultural and medical goods pursuant to the pro7 visions of this title.’’. 

8 SEC. 742. The Secretary of Agriculture shall— 

9 (1) not later than January 18, 2008, promul10 gates such proposed regulations as are necessary to 

11 implement subtitle D of the Agricultural Marketing 

12 Act of 1946 (7 U.S.C. 1638 et seq.); 

13 (2) not later than July 19, 2008, promulgate 

14 such final regulations as are necessary to implement 

15 that subtitle; 

16 (3) not later than July 27, 2008, submit the re17 ports for the final rules to implement that subtitle 

18 that are required under section 801 of title 5, 

19 United States Code; and 

20 (4) not later than 7 days after each of the dates 

21 specified in paragraphs (1), (2), and (3), submit to 

22 the Committee on Appropriations, and the Com23 mittee on Agriculture, of the House of Representa24 tives and the Committee on Appropriations, and the 


hmoore on PROD1PC76 with BILLS
81 

S 1859 PCS 

1 Committee on Agriculture, Nutrition, and Forestry, 

2 of the Senate a report that— 

3 (A) describes whether the action required 

4 under that paragraph was taken by the applica5 ble date; 

6 (B) if the action was not taken by the ap7 plicable date, a description of the reason why 

8 the action was not taken; and 

9 (C) a plan for making that subtitle appli10 cable in accordance with section 285 of the Ag11 ricultural Marketing Act of 1946 (7 U.S.C. 

12 1638d). 

13 This Act may be cited as the ‘‘Agriculture, Rural De14 velopment, Food and Drug Administration, and Related 

15 Agencies Appropriations Act, 2008’’. 


hmoore on PROD1PC76 with BILLS
Calendar No. 282 

110TH CONGRESS 

1ST SESSION S. 1859 

[Report No. 110

–134] 

A BILL 

Making appropriations for Agriculture, Rural Deposes. ending September 30, 2008, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and 

JULY 24, 2007 

Read twice and placed on the calendar 


hmoore on PROD1PC76 with BILLS