Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006
PL 109-97 (H.R.2744), enacted 11/10/2005

119 STAT. 2120
PUBLIC LAW 109–97—NOV. 10, 2005
Public Law 109–97
109th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies for the fiscal year ending September 30, 2006,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 2006, and for other pur-
poses, namely:
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING AND MARKETING
OFFICE OF THE SECRETARY
For necessary expenses of the Office of the Secretary of Agri-
culture, $5,127,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Sec-
retary.
EXECUTIVE OPERATIONS
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including eco-
nomic analysis, risk assessment, cost-benefit analysis, energy and
new uses, and the functions of the World Agricultural Outlook
Board, as authorized by the Agricultural Marketing Act of 1946
(7 U.S.C. 1622g), $10,539,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$14,524,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $8,298,000.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2006.
Nov. 10, 2005
[H.R. 2744]
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119 STAT. 2121
PUBLIC LAW 109–97—NOV. 10, 2005
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff,
$934,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $16,462,000.
COMMON COMPUTING ENVIRONMENT
For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the
Farm and Foreign Agricultural Service, and Rural Development
mission areas for information technology, systems, and services,
$110,072,000, to remain available until expended, for the capital
asset acquisition of shared information technology systems,
including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.
1421–28: Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center Modernization
Plan of the county-based agencies, and shall be with the concurrence
of the Department’s Chief Information Officer: Provided further,
That of the funds provided under this section, the Secretary shall
acquire one meter natural color digital ortho-imagery of the entire
state of Utah.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $5,874,000: Provided, That hereafter the Chief Financial
Officer shall actively market and expand cross-servicing activities
of the National Finance Center: Provided further, That no funds
made available by this appropriation may be obligated for FAIR
Act or Circular A–76 activities until the Secretary has submitted
to the Committees on Appropriations of both Houses of Congress
and the Committee on Government Reform of the House of Rep-
resentatives a report on the Department’s contracting out policies,
including agency budgets for contracting out.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Civil Rights, $821,000.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$20,109,000.
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Administration, $676,000.
7 USC 2279h.
Utah.
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119 STAT. 2122
PUBLIC LAW 109–97—NOV. 10, 2005
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 486, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $187,734,000,
to remain available until expended, as follows: for payments to
the General Services Administration and the Department of Home-
land Security for building security, $147,734,000, and for buildings
operations and maintenance, $40,000,000: Provided, That amounts
which are made available for space rental and related costs for
the Department of Agriculture in this Act may be transferred
between such appropriations to cover the costs of additional, new,
or replacement space 15 days after notice thereof is transmitted
to the Appropriations Committees of both Houses of Congress.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),
$12,000,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $23,103,000, to provide for
necessary expenses for management support services to offices of
the Department and for general administration, security, repairs
and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That this appropriation
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551–558.
OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL
RELATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Congressional Relations to carry out the programs
Notification.
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119 STAT. 2123
PUBLIC LAW 109–97—NOV. 10, 2005
funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,821,000: Pro-
vided, That these funds may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
by this appropriation may be obligated after 30 days from the
date of enactment of this Act, unless the Secretary has notified
the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further,
That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemina-
tion of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$9,509,000: Provided, That not to exceed $2,000,000 may be used
for farmers’ bulletins.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of
1978, $80,336,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and pri-
vate persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, and including not to exceed $125,000 for certain con-
fidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursu-
ant to Public Law 95–452 and section 1337 of Public Law 97–
98.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$39,351,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND
ECONOMICS
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer
the laws enacted by the Congress for the Economic Research
Service, the National Agricultural Statistics Service, the Agricul-
tural Research Service, and the Cooperative State Research, Edu-
cation, and Extension Service, $598,000.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $75,931,000: Provided,
That none of the funds made available by this Act or any other
Act may be used by the Department of Agriculture to publish,
disseminate, or distribute, internally or externally, Agriculture
Information Bulletin Number 787: Provided further, That of the
Contracts.
Reports.
Notification.
Deadline.
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119 STAT. 2124
PUBLIC LAW 109–97—NOV. 10, 2005
funds provided to the Economic Research Service, the Secretary
of Agriculture shall use $350,000 to enter into an agreement for
a comprehensive report on the economic development and current
status of the sheep industry in the United States to be prepared
by the National Academy of Sciences.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
$140,700,000, of which up to $29,115,000 shall be available until
expended for the Census of Agriculture.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use
including the acquisition, preservation, and dissemination of agri-
cultural information; and for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100, and
for land exchanges where the lands exchanged shall be of equal
value or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the land
or interests transferred out of Federal ownership, $1,135,004,000:
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and improve-
ments, but unless otherwise provided, the cost of constructing any
one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except
for 10 buildings to be constructed or improved at a cost not to
exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropria-
tions hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That the foregoing limitations shall not apply
to the purchase of land at Florence, South Carolina: Provided fur-
ther, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of estab-
lishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law: Provided
further, That the Secretary, through the Agricultural Research
Service, or successor, is authorized to lease approximately 40 acres
of land at the Central Plains Experiment Station, Nunn, Colorado,
to the Board of Governors of the Colorado State University System,
for its Shortgrass Steppe Biological Field Station, on such terms
Colorado.
Contracts.
Maryland.
7 USC 2254.
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PUBLIC LAW 109–97—NOV. 10, 2005
and conditions as the Secretary deems in the public interest: Pro-
vided further, That the Secretary understands that it is the intent
of the University to construct research and educational buildings
on the subject acreage and to conduct agricultural research and
educational activities in these buildings: Provided further, That
as consideration for a lease, the Secretary may accept the benefits
of mutual cooperative research to be conducted by the Colorado
State University and the Government at the Shortgrass Steppe
Biological Field Station: Provided further, That the term of any
lease shall be for no more than 20 years, but a lease may be
renewed at the option of the Secretary on such terms and conditions
as the Secretary deems in the public interest: Provided further,
That the Agricultural Research Service may convey all rights and
title of the United States, to a parcel of land comprising 19 acres,
more or less, located in Section 2, Township 18 North, Range
14 East in Oktibbeha County, Mississippi, originally conveyed by
the Board of Trustees of the Institution of Higher Learning of
the State of Mississippi, and described in instruments recorded
in Deed Book 306 at pages 553–554, Deed Book 319 at page 219,
and Deed Book 33 at page 115, of the public land records of
Oktibbeha County, Mississippi, including facilities, and fixed equip-
ment, to the Mississippi State University, Starkville, Mississippi,
in their ‘‘as is’’ condition, when vacated by the Agricultural Research
Service: Provided further, That none of the funds appropriated
under this heading shall be available to carry out research related
to the production, processing, or marketing of tobacco or tobacco
products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$131,195,000, to remain available until expended.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $676,849,000, as follows: to carry out the provisions of
the Hatch Act of 1887 (7 U.S.C. 361a–i), $178,757,000; for grants
for cooperative forestry research (16 U.S.C. 582a through a–7),
$22,230,000; for payments to the 1890 land-grant colleges, including
Tuskegee University and West Virginia State University (7 U.S.C.
3222), $37,591,000, of which $1,507,496 shall be made available
only for the purpose of ensuring that each institution shall receive
no less than $1,000,000; for special grants for agricultural research
(7 U.S.C. 450i(c)), $128,223,000; for special grants for agricultural
research on improved pest control (7 U.S.C. 450i(c)), $14,798,000;
for competitive research grants (7 U.S.C. 450i(b)), $183,000,000;
for the support of animal health and disease programs (7 U.S.C.
3195), $5,057,000; for supplemental and alternative crops and prod-
ucts (7 U.S.C. 3319d), $1,187,000; for grants for research pursuant
to the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
Tobacco and
tobacco products.
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$1,102,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to section
536 of Public Law 103–382 (7 U.S.C. 301 note), $1,039,000, to
remain available until expended; for rangeland research grants
(7 U.S.C. 3333), $1,000,000; for higher education graduate fellow-
ship grants (7 U.S.C. 3152(b)(6)), $3,738,000, to remain available
until expended (7 U.S.C. 2209b); for a veterinary medicine loan
repayment program pursuant to section 1415A of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3101 et seq.), $500,000; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,478,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to
remain available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C. 3241),
$6,000,000; for noncompetitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law
106–78) to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally
to each of the States of Alaska and Hawaii, $3,250,000; for a
secondary agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $1,000,000; for aquaculture grants
(7 U.S.C. 3322), $3,968,000; for sustainable agriculture research
and education (7 U.S.C. 5811), $12,400,000; for a program of
capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible
to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–
326 and 328), including Tuskegee University and West Virginia
State University, $12,312,000, to remain available until expended
(7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant
to section 534(a)(1) of Public Law 103–382, $2,250,000; for resident
instruction grants for insular areas under section 1491 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363), $500,000; and for necessary expenses
of Research and Education Activities, $50,471,000, of which
$2,587,000 for the Research, Education, and Economics Information
System and $2,051,000 for the Electronic Grants Information
System, are to remain available until expended: Provided, That
none of the funds appropriated under this heading shall be available
to carry out research related to the production, processing, or mar-
keting of tobacco or tobacco products: Provided further, That this
paragraph shall not apply to research on the medical, biotechno-
logical, food, and industrial uses of tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $12,000,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa, $455,955,000, as follows: payments for cooperative
extension work under the Smith-Lever Act, to be distributed under
sections 3(b) and 3(c) of said Act, and under section 208(c) of
Public Law 93–471, for retirement and employees’ compensation
costs for extension agents, $275,730,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
Tobacco and
tobacco products.
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343(b)(3)), $3,273,000; payments for the nutrition and family edu-
cation program for low-income areas under section 3(d) of the Act,
$62,634,000; payments for the pest management program under
section 3(d) of the Act, $9,960,000; payments for the farm safety
program under section 3(d) of the Act, $4,563,000; payments for
New Technologies for Ag Extension under Section 3(d) of the Act,
$1,500,000; payments to upgrade research, extension, and teaching
facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State University, as authorized by
section 1447 of Public Law 95–113 (7 U.S.C. 3222b), $16,777,000,
to remain available until expended; payments for youth-at-risk pro-
grams under section 3(d) of the Smith-Lever Act, $7,728,000; for
youth farm safety education and certification extension grants, to
be awarded competitively under section 3(d) of the Act, $444,000;
payments for carrying out the provisions of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.),
$4,060,000; payments for Indian reservation agents under section
3(d) of the Smith-Lever Act, $1,996,000; payments for sustainable
agriculture programs under section 3(d) of the Act, $4,067,000;
payments for rural health and safety education as authorized by
section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,965,000;
payments for cooperative extension work by the colleges receiving
the benefits of the second Morrill Act (7 U.S.C. 321–326 and 328)
and Tuskegee University and West Virginia State University,
$33,868,000, of which $1,724,884 shall be made available only for
the purpose of ensuring that each institution shall receive no less
than $1,000,000; for grants to youth organizations pursuant to
section 7630 of title 7, United States Code, $2,000,000; and for
necessary expenses of Extension Activities, $25,390,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, 
including 
necessary 
administrative 
expenses,
$55,792,000, as follows: for competitive grants programs authorized
under section 406 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626), $45,792,000,
including $12,867,000 for the water quality program, $14,847,000
for the food safety program, $4,167,000 for the regional pest
management centers program, $4,464,000 for the Food Quality
Protection Act risk mitigation program for major food crop systems,
$1,389,000 for the crops affected by Food Quality Protection Act
implementation, $3,106,000 for the methyl bromide transition pro-
gram, and $1,874,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b), to remain available until expended, $1,000,000; for grants
programs authorized under section 2(c)(1)(B) of Public Law 89–
106, as amended, $744,000, to remain available until September
30, 2007 for the critical issues program, and $1,334,000 for the
regional rural development centers program; and $10,000,000 for
the Food and Agriculture Defense Initiative authorized under sec-
tion 1484 of the National Agricultural Research, Extension, and
Teaching Act of 1977, to remain available until September 30,
2007.
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OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$6,000,000, to remain available until expended.
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer
programs under the laws enacted by the Congress for the Animal
and Plant Health Inspection Service; the Agricultural Marketing
Service; and the Grain Inspection, Packers and Stockyards Adminis-
tration; $724,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $815,461,000, of
which $4,140,000 shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency condi-
tions; of which $39,000,000 shall be used for the boll weevil eradi-
cation program for cost share purposes or for debt retirement for
active eradication zones; of which $33,340,000 shall be available
for a National Animal Identification program: Provided, That no
funds shall be used to formulate or administer a brucellosis eradi-
cation program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease
or pests of animals, poultry, or plants, and for expenses in accord-
ance with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless other-
wise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
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In fiscal year 2006, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$4,996,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses to carry out services related to con-
sumer protection, agricultural marketing and distribution, transpor-
tation, and regulatory programs, as authorized by law, and for
administration and coordination of payments to States, $75,376,000,
including funds for the wholesale market development program
for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $65,667,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, including not less than $20,000,000 for replacement of
a system to support commodity purchases, except for: (1) transfers
to the Department of Commerce as authorized by the Fish and
Wildlife Act of August 8, 1956; (2) transfers otherwise provided
Notification.
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in this Act; and (3) not more than $16,055,000 for formulation
and administration of marketing agreements and orders pursuant
to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $3,847,000, of which not less than $2,500,000
shall be used to make a grant under this heading.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect pur-
chasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, $38,443,000:
Provided, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $602,000.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$50,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$837,756,000, of which no less than $753,252,000 shall be available
for Federal food safety inspection; and in addition, $1,000,000 may
be credited to this account from fees collected for the cost of labora-
tory accreditation as authorized by section 1327 of the Food, Agri-
culture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Pro-
vided, That no fewer than 63 full time equivalent positions above
the fiscal year 2002 level shall be employed during fiscal year
2006 for purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act: Provided further,
Notification.
Notification.
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That of the amount available under this heading, notwithstanding
section 704 of this Act $4,000,000, available until September 30,
2007, shall be obligated to include the Humane Animal Tracking
System as part of the Field Automation and Information Manage-
ment System following notification to the Committees on Appropria-
tions, which shall include a detailed explanation of the components
of such system: Provided further, That of the total amount made
available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN
AGRICULTURAL SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer
the laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $635,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $1,030,000,000: Provided, That the Secretary is authorized
to use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Pro-
vided further, That none of the funds made available by this Act
may be used to pay the salaries or expenses of any officer or
employee of the Department of Agriculture to close any local or
county office of the Farm Service Agency unless the Secretary
of Agriculture, not later than 30 days after the date on which
the Secretary proposed the closure, holds a public meeting about
the proposed closure in the county in which the local or county
office is located, and, after the public meeting but not later than
120 days before the date on which the Secretary approves the
closure, notifies the Committee on Agriculture and the Committee
on Appropriations of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry and the Committee
on Appropriations of the Senate, and the members of Congress
from the State in which the local or county office is located of
the proposed closure.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $4,250,000.
Deadlines.
Public
information.
Notification.
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GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $3,750,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, $100,000, to remain available until
expended: Provided, That such program is carried out by the Sec-
retary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106–387, 114 Stat. 1549A–12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans
(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
farm ownership loans, $1,608,000,000, of which $1,400,000,000 shall
be for guaranteed loans and $208,000,000 shall be for direct loans;
operating loans, $2,074,632,000, of which $1,150,000,000 shall be
for unsubsidized guaranteed loans, $274,632,000 shall be for sub-
sidized guaranteed loans and $650,000,000 shall be for direct loans;
Indian tribe land acquisition loans, $2,020,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the Sec-
retary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: farm ownership loans,
$17,370,000, of which $6,720,000 shall be for guaranteed loans,
and $10,650,000 shall be for direct loans; operating loans,
$133,849,000, of which $34,845,000 shall be for unsubsidized
guaranteed loans, $34,329,000 shall be for subsidized guaranteed
loans, and $64,675,000 shall be for direct loans; and Indian tribe
land acquisition loans, $81,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $312,591,000, of
which $304,591,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership and operating direct
loans and guaranteed loans may be transferred among these pro-
grams: Provided, That the Committees on Appropriations of both
Houses of Congress are notified at least 15 days in advance of
any transfer.
Notification.
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RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6933), $77,048,000: Provided, That not to exceed
$1,000 shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource Conservation
and Recovery Act (42 U.S.C. 6961).
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TITLE II
CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer
the laws enacted by the Congress for the Forest Service and the
Natural Resources Conservation Service, $744,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $839,519,000,
to remain available until May 31, 2007, of which not less than
$10,650,000 is for snow survey and water forecasting, and not
less than $10,547,000 is for operation and establishment of the
plant materials centers, and of which not less than $27,500,000
shall be for the grazing lands conservation initiative: Provided,
That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal
land, that the right to use such land is obtained as provided in
7 U.S.C. 2250a: Provided further, That this appropriation shall
be available for technical assistance and related expenses to carry
out programs authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Pro-
vided further, That qualified local engineers may be temporarily
employed at per diem rates to perform the technical planning
work of the Service.
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–
1009), $6,083,000.
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WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation, rehabilitation
of existing works and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001–1005 and 1007–1009), the provisions of the Act of April 27,
1935 (16 U.S.C. 590a–f), and in accordance with the provisions
of laws relating to the activities of the Department, $75,000,000,
to remain available until expended; of which up to $10,000,000
may be available for the watersheds authorized under the Flood
Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That
not to exceed $30,000,000 of this appropriation shall be available
for technical assistance: Provided further, That not to exceed
$1,000,000 of this appropriation is available to carry out the pur-
poses of the Endangered Species Act of 1973 (Public Law 93–
205), including cooperative efforts as contemplated by that Act
to relocate endangered or threatened species to other suitable habi-
tats as may be necessary to expedite project construction.
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1012), and in accordance
with the provisions of laws relating to the activities of the Depart-
ment, $31,561,000, to remain available until expended.
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land use
pursuant to the provisions of sections 31 and 32 of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the
Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title
XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–
3461), $51,300,000, to remain available until expended: Provided,
That the Secretary shall enter into a cooperative or contribution
agreement, within 45 days of enactment of this Act, with a national
association regarding a Resource Conservation and Development
program and such agreement shall contain the same matching,
contribution requirements, and funding level, set forth in a similar
cooperative or contribution agreement with a national association
in fiscal year 2002: Provided further, That not to exceed $3,411,000
shall be available for national headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under
the laws enacted by the Congress for the Rural Housing Service,
the Rural Business-Cooperative Service, and the Rural Utilities
Service, $635,000.
Contracts.
Deadline.
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RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except
for sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act, $701,941,000, to remain available until expended,
of which $82,620,000 shall be for rural community programs
described in section 381E(d)(1) of such Act; of which $530,100,000
shall be for the rural utilities programs described in sections
381E(d)(2), 306C(a)(2), and 306D of such Act, of which not to exceed
$500,000 shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306E of such Act; and of which $89,221,000
shall be for the rural business and cooperative development pro-
grams described in sections 381E(d)(3) and 310B(f) of such Act:
Provided, That of the total amount appropriated in this account,
$25,000,000 shall be for loans and grants to benefit Federally Recog-
nized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act,
of which $4,464,000 shall be available for community facilities
grants to tribal colleges, as authorized by section 306(a)(19) of
the Consolidated Farm and Rural Development Act, and of which
$250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural transportation
in order to promote economic development: Provided further, That
of the amount appropriated for rural community programs,
$6,350,000 shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used solely
to develop the capacity and ability of private, nonprofit community-
based housing and community development organizations, low-
income rural communities, and Federally Recognized Native Amer-
ican Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in rural
areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assist-
ance: Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That of the amount appropriated for the rural
business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation
in order to promote economic development; $2,000,000 shall be
for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.)
for any purpose under this heading: Provided further, That of the
amount appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to benefit
the Colonias along the United States/Mexico border, including
grants pursuant to section 306C of such Act; $25,000,000 shall
be for water and waste disposal systems for rural and native villages
in Alaska pursuant to section 306D of such Act, with up to 2
percent available to administer the program and/or improve inter-
agency coordination may be transferred to and merged with the
appropriation for ‘‘Rural Development, Salaries and Expenses’’, of
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which $100,000 shall be provided to develop a regional system
for centralized billing, operation, and management of rural water
and sewer utilities through regional cooperatives, of which 25 per-
cent shall be provided for water and sewer projects in regional
hubs, and the State of Alaska shall provide a 25 percent cost
share, and grantees may use up to 5 percent of grant funds, not
to exceed $35,000 per community, for the completion of comprehen-
sive community safe water plans; not to exceed $18,250,000 shall
be for technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act, unless the Secretary
makes a determination of extreme need, of which $5,600,000 shall
be for Rural Community Assistance Programs and not less than
$850,000 shall be for a qualified national Native American organiza-
tion to provide technical assistance for rural water systems for
tribal communities; and not to exceed $13,750,000 shall be for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not to
exceed $21,367,000 shall be available through June 30, 2006, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones; of which $1,067,000 shall be
for the rural community programs described in section 381E(d)(1)
of such Act, of which $12,000,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which
$8,300,000 shall be for the rural business and cooperative develop-
ment programs described in section 381E(d)(3) of such Act: Provided
further, That of the amount appropriated for rural community pro-
grams, $18,000,000 shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic
depression (Public Law 106–387), with 5 percent for administration
and capacity building in the State rural development offices: Pro-
vided further, That of the amount appropriated, $26,000,000 shall
be transferred to and merged with the ‘‘Rural Utilities Service,
High Energy Cost Grants Account’’ to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for high
cost energy grants authorized by section 19 of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and
merged with the ‘‘Rural Utilities Service, High Energy Costs Grants
Account’’.
RURAL DEVELOPMENT SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the develop-
ment and operation of agricultural cooperatives; and for cooperative
agreements; $164,625,000: Provided, That of the funds appropriated
under this title for salaries and expenses, $11,147,000, to remain
available until September 30, 2007, shall be used to complete the
consolidation of Rural Development activities in St. Louis, Missouri:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development
mission area: Provided further, That not more than $10,000 may
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be expended to provide modest nonmonetary awards to non-USDA
employees: Provided further, That any balances available from prior
years for the Rural Utilities Service, Rural Housing Service, and
the Rural Business-Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this appropriation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $4,821,832,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $1,140,799,000 shall be
for direct loans, and of which $3,681,033,000 shall be for unsub-
sidized guaranteed loans; $35,000,000 for section 504 housing repair
loans; $100,000,000 for section 515 rental housing; $100,000,000
for section 538 guaranteed multi-family housing loans; $5,000,000
for section 524 site loans; $11,500,000 for credit sales of acquired
property, of which up to $1,500,000 may be for multi-family credit
sales; and $5,048,000 for section 523 self-help housing land develop-
ment loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans,
$170,837,000, of which $129,937,000 shall be for direct loans, and
of which $40,900,000, to remain available until expended, shall
be for unsubsidized guaranteed loans; section 504 housing repair
loans, $10,238,000; repair, rehabilitation, and new construction of
section 515 rental housing, $45,880,000; section 538 multi-family
housing guaranteed loans, $5,420,000; multi-family credit sales of
acquired property, $681,000; and section 523 self-help housing and
development loans, $52,000: Provided, That of the total amount
appropriated in this paragraph, $2,500,000 shall be available
through June 30, 2006, for authorized empowerment zones and
enterprise communities and communities designated by the Sec-
retary of Agriculture as Rural Economic Area Partnership Zones:
Provided further, That any funds under this paragraph initially
allocated by the Secretary for housing projects in the State of
Alaska that are not obligated by September 30, 2006, shall be
carried over until September 30, 2007, and made available for
such housing projects only in the State of Alaska.
For additional costs to conduct a demonstration program for
the preservation and revitalization of the section 515 multi-family
rental housing properties, $9,000,000: Provided, That funding made
available under this heading shall be used to restructure existing
section 515 loans, as the Secretary deems appropriate, expressly
for the purposes of ensuring the project has sufficient resources
to preserve the project for the purpose of providing safe and afford-
able housing for low-income residents including reducing or elimi-
nating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances and incentives required by the Secretary.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $454,809,000, which
Alaska.
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shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’, of which not less
than $1,000,000 shall be made available for the Secretary to con-
tract with third parties to acquire the necessary automation and
technical services needed to restructure section 515 mortgages.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $653,102,000; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
That of this amount, up to $8,000,000 shall be available for debt
forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project
for advances to nonprofit organizations or public agencies to cover
direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during the current fiscal
year shall be funded for a four-year period: Provided further, That
any unexpended balances remaining at the end of such four-year
agreements may be transferred and used for the purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
that is recovered from projects that are subject to prepayment
shall be deobligated and reallocated for vouchers and debt forgive-
ness or payments consistent with the requirements of this Act
for purposes authorized under section 542 and section 502(c)(5)(D)
of the Housing Act of 1949, as amended.
RURAL HOUSING VOUCHER PROGRAM
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, (without regard to section
542(b)), $16,000,000, to remain available until expended: Provided,
That such vouchers shall be available to any low-income household
(including those not receiving rental assistance) residing in a prop-
erty financed with a section 515 loan which has been prepaid
after September 30, 2005: Provided further, That the amount of
the voucher shall be the difference between comparable market
rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers,
shall be subject to the availability of annual appropriations: Pro-
vided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable for section 8 housing vouchers
administered by the Secretary of the Department of Housing and
Urban Development (including the ability to pay administrative
costs related to delivery of the voucher funds).
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MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain
available until expended: Provided, That of the total amount appro-
priated, $1,000,000 shall be available through June 30, 2006, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and
1490m, $43,976,000, to remain available until expended: Provided,
That $2,976,000 shall be made available for loans to private non-
profit organizations, or such non-profit organizations’ affiliate loan
funds and State and local housing finance agencies, to carry out
a housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects: Pro-
vided further, That loans under such demonstration program shall
have an interest rate of not more than 1 percent direct loan to
the recipient: Provided further, That the Secretary may defer the
interest and principal payment to the Rural Housing Service for
up to 3 years and the term of such loans shall not exceed 30
years: Provided further, That of the total amount appropriated,
$1,200,000 shall be available through June 30, 2006, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $31,168,000, to remain available
until expended, for direct farm labor housing loans and domestic
farm labor housing grants and contracts.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,212,000.
For the cost of direct loans, $14,718,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2006, for Federally
Recognized Native American Tribes and of which $3,449,000 shall
be available through June 30, 2006, for Mississippi Delta Region
counties (as determined in accordance with Public Law 100–460):
Provided, That of such amount made available, the Secretary may
provide up to $1,500,000 for the Delta Regional Authority (7 U.S.C.
1921 et seq.): Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That
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of the total amount appropriated, $887,000 shall be available
through June 30, 2006, for the cost of direct loans for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,793,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$25,003,000.
For the cost of direct loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act
of 1974, $4,993,000, to remain available until expended.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification
Act of 1936, $170,000,000 shall not be obligated and $170,000,000
are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $29,488,000, of which $500,000 shall be for
a cooperative research agreement with a qualified academic institu-
tion to conduct research on the national economic impact of all
types of cooperatives; and of which $2,500,000 shall be for coopera-
tive agreements for the appropriate technology transfer for rural
areas program: Provided, That not to exceed $1,488,000 shall be
for cooperatives or associations of cooperatives whose primary focus
is to provide assistance to small, minority producers and whose
governing board and/or membership is comprised of at least 75
percent minority; and of which $20,500,000, to remain available
until expended, shall be for value-added agricultural product market
development grants, as authorized by section 6401 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $11,200,000, to
remain available until expended, for designated rural empowerment
zones and rural enterprise communities, as authorized by the Tax-
payer Relief Act of 1997 and the Omnibus Consolidated and Emer-
gency Supplemental Appropriations Act, 1999 (Public Law 105–
277): Provided, That of the funds appropriated, $1,000,000 shall
be made available to third round empowerment zones, as authorized
by the Community Renewal Tax Relief Act (Public Law 106–554).
RENEWABLE ENERGY PROGRAM
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
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by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed
renewable energy loans and grants: Provided, That the cost of
direct loans and loan guarantees, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made
as follows: 5 percent rural electrification loans, $100,000,000; munic-
ipal rate rural electric loans, $100,000,000; loans made pursuant
to section 306 of that Act, rural electric, $2,700,000,000; Treasury
rate direct electric loans, $1,000,000,000; guaranteed underwriting
loans pursuant to section 313A, $1,500,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural tele-
communications loans, $424,000,000; and for loans made pursuant
to section 306 of that Act, rural telecommunications loans,
$125,000,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
and guaranteed loans authorized by sections 305 and 306 of the
Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows:
cost of rural electric loans, $6,160,000, and the cost of telecommuni-
cations loans, $212,000: Provided, That notwithstanding section
305(d)(2) of the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,784,000 which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corpora-
tion in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out its authorized programs.
For administrative expenses, including audits, necessary to con-
tinue to service existing loans, $2,500,000, which shall be trans-
ferred to and merged with the appropriation for ‘‘Rural Develop-
ment, Salaries and Expenses’’.
Of the unobligated balances from the Rural Telephone Bank
Liquidating Account, $2,500,000 shall not be obligated and
$2,500,000 are rescinded.
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DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of direct distance learning and tele-
medicine loans, $25,000,000; and for the principal amount of
broadband telecommunication loans, $500,000,000.
For the cost of direct loans and grants for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C.
950aaa et seq., $30,375,000, to remain available until expended,
of which $375,000 shall be for direct loans: Provided, That the
cost of direct loans shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That $5,000,000 shall
be made available to convert analog to digital operation those
noncommercial educational television broadcast stations that serve
rural areas and are qualified for Community Service Grants by
the Corporation for Public Broadcasting under section 396(k) of
the Communications Act of 1934, including associated translators
and repeaters, regardless of the location of their main transmitter,
studio-to-transmitter links, and equipment to allow local control
over digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $10,750,000, to remain available until September 30,
2007: Provided, That the interest rate for such loans shall be
the cost of borrowing to the Department of the Treasury for obliga-
tions of comparable maturity: Provided further, That the cost of
direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $9,000,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND
CONSUMER SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer
the laws enacted by the Congress for the Food and Nutrition
Service, $599,000.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the National School Lunch
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $12,660,829,000, to remain available through September
30, 2007, of which $7,473,208,000 is hereby appropriated and
$5,187,621,000 shall be derived by transfer from funds available
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):
Provided, That none of the funds made available under this heading
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shall be used for studies and evaluations: Provided further, That
up to $5,235,000 shall be available for independent verification
of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain available
through September 30, 2007, of which such sums as are necessary
to restore the contingency reserve to $125,000,000 shall be placed
in reserve, to remain available until expended, to be allocated
as the Secretary deems necessary, notwithstanding section 17(i)
of such Act, to support participation should cost or participation
exceed budget estimates: Provided, That of the total amount avail-
able, the Secretary shall obligate not less than $15,000,000 for
a breastfeeding support initiative in addition to the activities speci-
fied in section 17(h)(3)(A): Provided further, That only the provisions
of section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective
in 2006; including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section
17(h)(10)(B)(ii): Provided further, That funds made available for
the purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are
available to meet caseload requirements without the use of the
contingency reserve funds: Provided further, That none of the funds
made available under this heading shall be used for studies and
evaluations: Provided further, That none of the funds in this Act
shall be available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting smoking
within the space used to carry out the program: Provided further,
That none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with the
cost containment and competitive bidding requirements specified
in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $40,711,395,000, of which $3,000,000,000 to
remain available through September 30, 2007, shall be placed in
reserve for use only in such amounts and at such times as may
become necessary to carry out program operations: Provided, That
none of the funds made available under this heading shall be
used for studies and evaluations: Provided further, That of the
funds made available under this heading and not already appro-
priated to the Food Distribution Program on Indian Reservations
(FDPIR) established under section 4(b) of the Food Stamp Act
of 1977 (7 U.S.C. 2013(b)), not less than $3,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison
ranchers: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act:
Provided further, That this appropriation shall be subject to any
Workfare.
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work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employ-
ment and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food Stamp
Act: Provided further, That notwithstanding section 5(d) of the
Food Stamp Act of 1977, any additional payment received under
chapter 5 of title 37, United States Code, by a member of the
United States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of the
member’s deployment if the additional pay is the result of deploy-
ment to or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance (in a form determined by the Secretary of Agri-
culture) for the nuclear affected islands, as authorized by section
103(f)(2) of the Compact of Free Association Amendments Act of
2003 (Public Law 108–188); and the Farmers’ Market Nutrition
Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $179,366,000, to remain available through September
30, 2007: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2006 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of Public Law 107–171,
such funds shall remain available through September 30, 2007:
Provided further, That of the funds made available under section
27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
the Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $140,761,000.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761–1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities
of the Department in connection with foreign agricultural work,
including not to exceed $158,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
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3, 1956 (7 U.S.C. 1766), $147,901,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development.
PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of agreements under the Agricultural Trade
Development and Assistance Act of 1954, and the Food for Progress
Act of 1985, including the cost of modifying credit arrangements
under said Acts, $65,040,000, to remain available until expended:
Provided, That the Secretary of Agriculture may implement a com-
modity monetization program under existing provisions of the Food
for Progress Act of 1985 to provide no less than $5,000,000 in
local-currency funding support for rural electrification development
overseas.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83–480, and the Food for Progress
Act of 1985, to the extent funds appropriated for Public Law 83–
480 are utilized, $3,385,000, of which $168,000 may be transferred
to and merged with the appropriation for ‘‘Foreign Agricultural
Service, Salaries and Expenses’’, and of which $3,217,000 may
be transferred to and merged with the appropriation for ‘‘Farm
Service Agency, Salaries and Expenses’’.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of agricul-
tural commodities under title I of the Agricultural Trade Develop-
ment and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $11,940,000, to remain available until expended: Pro-
vided, That funds made available for the cost of agreements under
title I of the Agricultural Trade Development and Assistance Act
of 1954 and for title I ocean freight differential may be used inter-
changeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Agricultural Trade Development and Assistance
Act of 1954, for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,150,000,000, to remain available
until expended.
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COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s export guarantee program, GSM 102 and GSM 103,
$5,279,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$3,440,000 may be transferred to and merged with the appropriation
for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of
which $1,839,000 may be transferred to and merged with the appro-
priation for ‘‘Farm Service Agency, Salaries and Expenses’’.
MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $100,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; for miscellaneous
and emergency expenses of enforcement activities, authorized and
approved by the Secretary and to be accounted for solely on the
Secretary’s certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107–188; $1,838,567,000: Provided, That
of the amount provided under this heading, $305,332,000 shall
be derived from prescription drug user fees authorized by 21 U.S.C.
379h, shall be credited to this account and remain available until
expended, and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2007 but collected
in fiscal year 2006; $40,300,000 shall be derived from medical
device user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended; and
$11,318,000 shall be derived from animal drug user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended: Provided further, That fees derived from
prescription drug, medical device, and animal drug assessments
received during fiscal year 2006, including any such fees assessed
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prior to the current fiscal year but credited during the current
year, shall be subject to the fiscal year 2006 limitation: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$443,153,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $520,564,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $178,714,000 shall be for the Center for Biologics Evalua-
tion and Research and for related field activities in the Office
of Regulatory Affairs; (4) $99,787,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $245,770,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $41,152,000 shall be for
the National Center for Toxicological Research; (7) $58,515,000
shall be for Rent and Related activities, of which $21,974,000 is
for White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (8) $134,853,000 shall
be for payments to the General Services Administration for rent;
and (9) $116,059,000 shall be for other activities, including the
Office of the Commissioner; the Office of Management; the Office
of External Relations; the Office of Policy and Planning; and central
services for these offices: Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by 21
U.S.C. 381 may be credited to this account, to remain available
until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise pro-
vided, $8,000,000, to remain available until expended.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases) in the District of Columbia and else-
where, $98,386,000, including not to exceed $3,000 for official recep-
tion and representation expenses.
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PUBLIC LAW 109–97—NOV. 10, 2005
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $44,250,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Pro-
vided, That this limitation shall not apply to expenses associated
with receiverships.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. Within the unit limit of cost fixed by law, appropria-
tions and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for
the purchase, in addition to those specifically provided for, of not
to exceed 320 passenger motor vehicles, of which 320 shall be
for replacement only, and for the hire of such vehicles.
SEC. 702. Hereafter, funds appropriated by this or any other
Appropriations Act to the Department of Agriculture (excluding
the Forest Service) shall be available for uniforms or allowances
as authorized by law (5 U.S.C. 5901–5902).
SEC. 703. Hereafter, funds appropriated by this or any other
Appropriations Act to the Department of Agriculture (excluding
the Forest Service) shall be available for employment pursuant
to the second sentence of section 706(a) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C.
3109.
SEC. 704. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended: Animal and Plant Health Inspection Service, the contin-
gency fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, low pathogen avian influenza program, up to $33,340,000
in animal health monitoring and surveillance for the animal identi-
fication system, up to $1,500,000 in the scrapie program for indem-
nities, up to $3,000,000 in the emergency management systems
program for the vaccine bank, up to $1,000,000 for wildlife services
methods development, up to $1,000,000 of the wildlife services
operations program for aviation safety, and up to 25 percent of
the screwworm program; Food Safety and Inspection Service, field
automation and information management project; Cooperative State
Research, Education, and Extension Service, funds for competitive
research grants (7 U.S.C. 450i(b)), funds for the Research, Edu-
cation, and Economics Information System, and funds for the Native
American Institutions Endowment Fund; Farm Service Agency,
salaries and expenses funds made available to county committees;
Foreign Agricultural Service, middle-income country training pro-
gram, and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation
by the Foreign Agricultural Service.
7 USC 2209b.
7 USC 2225a.
7 USC 2209g.
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SEC. 705. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of
plant and capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary ben-
efit to the agencies of the Department of Agriculture: Provided,
That none of the funds made available by this Act or any other
Act shall be transferred to the Working Capital Fund without
the prior approval of the agency administrator: Provided further,
That none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation without
the prior approval of the Committees on Appropriations of both
Houses of Congress.
SEC. 706. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 707. Hereafter, not to exceed $50,000 in each fiscal year
of the funds appropriated by this or any other Appropriations
Act to the Department of Agriculture (excluding the Forest Service)
shall be available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28, 1954
(7 U.S.C. 1766b).
SEC. 708. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 709. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service that
exceed 20 percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National Agri-
cultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small Business
Act (15 U.S.C. 638).
SEC. 710. Hereafter, loan levels provided in this or any other
Appropriations Act to the Department of Agriculture shall be consid-
ered estimates, not limitations.
SEC. 711. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to cover
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
7 USC 2208a.
7 USC 1766b
note.
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SEC. 712. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection
Act (21 U.S.C. 471).
SEC. 714. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual’s employing agency or office
is fully reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
SEC. 715. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make avail-
able to any non-Department of Agriculture or non-Department of
Health and Human Services employee questions or responses to
questions that are a result of information requested for the appro-
priations hearing process.
SEC. 716. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without the
prior approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That none of the funds available
to the Department of Agriculture for information technology shall
be obligated for projects over $25,000 prior to receipt of written
approval by the Chief Information Officer.
SEC. 717. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the cur-
rent fiscal year, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Commit-
tees on Appropriations of both Houses of Congress are notified
15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
Notification.
Notification.
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that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Con-
gress are notified 15 days in advance of such reprogramming of
funds.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on Appropriations
of both Houses of Congress before implementing a program or
activity not carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically funded
by any other Act.
SEC. 718. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations incurred
in prior fiscal years, none of the funds appropriated or otherwise
made available by this or any other Act may be used to pay
the salaries and expenses of personnel to carry out the provisions
of section 401 of Public Law 105–185, the Initiative for Future
Agriculture and Food Systems (7 U.S.C. 7621).
SEC. 719. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Sub-
committees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which addi-
tional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of
a committee of conference for the fiscal year 2007 appropriations
Act.
SEC. 720. None of the funds made available by this or any
other Act may be used to close or relocate a State Rural Develop-
ment office unless or until cost effectiveness and enhancement
of program delivery have been determined.
SEC. 721. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, through the Congressional Hunger Center.
SEC. 722. Hereafter, notwithstanding section 412 of the Agricul-
tural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such Act
as of the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of
such Act, may be used to carry out title II of such Act.
7 USC 1736f
note.
Notification.
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SEC. 723. There is hereby appropriated $1,250,000 for a grant
to the National Sheep Industry Improvement Center, to remain
available until expended.
SEC. 724. The Secretary of Agriculture shall—
(1) as soon as practicable after the date of enactment
of this Act, conduct an evaluation of any impacts of the court
decision in Harvey v. Veneman, 396 F.3d 28 (1st Cir. Me.
2005); and
(2) not later than 90 days after the date of enactment
of this Act, submit to Congress a report that—
(A) describes the results of the evaluation conducted
under paragraph (1);
(B) includes a determination by the Secretary on
whether restoring the National Organic Program, as in
effect on the day before the date of the court decision
described in paragraph (1), would adversely affect organic
farmers, organic food processors, and consumers;
(C) analyzes issues regarding the use of synthetic
ingredients in processing and handling;
(D) analyzes the utility of expedited petitions for
commercially unavailable agricultural commodities and
products; and
(E) considers the use of crops and forage from land
included in the organic system plan of dairy farms that
are in the third year of organic management.
SEC. 725. Hereafter, of any shipments of commodities made
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent prac-
ticable, direct that tonnage equal in value to not more than
$25,000,000 shall be made available to foreign countries to assist
in mitigating the effects of the Human Immunodeficiency Virus
and Acquired Immune Deficiency Syndrome on communities,
including the provision of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the commu-
nities; and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and micro-
enterprise programs) to create or restore sustainable livelihoods
among individuals in the communities, particularly individuals
caring for orphaned children.
SEC. 726. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance—
(1) from funds available for the Watershed and Flood
Prevention Operations program—
(A) to the Kane County, Illinois, Indian Creek Water-
shed Flood Prevention Project, in an amount not to exceed
$1,000,000;
(B) for the Muskingam River Watershed, Mohican
River, Jerome and Muddy Fork, Ohio, obstruction removal
projects, in an amount not to exceed $1,800,000;
HIV/AIDS.
7 USC 1431f.
Deadline.
Reports.
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(C) to the Hickory Creek Special Drainage District,
Bureau County, Illinois, in an amount not to exceed
$50,000; and
(D) to the Little Red River Irrigation project, Arkansas,
in an amount not to exceed $210,000;
(2) through the Watershed and Flood Prevention Oper-
ations program for—
(A) the Matanuska River erosion control project in
Alaska;
(B) the Little Otter Creek project in Missouri;
(C) the Manoa Watershed project in Hawaii;
(D) the West Tarkio project in Iowa;
(E) the Steeple Run and West Branch DuPage River
Watershed projects in DuPage County, Illinois; and
(F) the Coal Creek project in Utah;
(3) through the Watershed and Flood Prevention Oper-
ations program to carry out the East Locust Creek Watershed
Plan Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for construc-
tion cost of site RW1; and
(4) through funds of the Conservation Operations program
provided for the Utah Conservation Initiative for completion
of the American Fork water quality and habitat restoration
project in Utah.
SEC. 727. Hereafter, none of the funds made available in this
Act may be transferred to any department, agency, or instrumen-
tality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this or any
other appropriation Act.
SEC. 728. Notwithstanding any other provision of law, of the
funds made available in this Act for competitive research grants
(7 U.S.C. 450i(b)), the Secretary may use up to 22 percent of
the amount provided to carry out a competitive grants program
under the same terms and conditions as those provided in section
401 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7621).
SEC. 729. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
SEC. 730. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Pharmaceutical Analysis in St. Louis, Missouri, outside
the city or county limits of St. Louis, Missouri.
SEC. 731. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009dd through dd–
7).
SEC. 732. Hereafter, agencies and offices of the Department
of Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for salaries
and expenses of personnel, and for other related expenses, incurred
in representing such agencies and offices in the resolution of com-
plaints by employees or applicants for employment, and in cases
7 USC 2209h.
Missouri.
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and other matters pending before the Equal Employment Oppor-
tunity Commission, the Federal Labor Relations Authority, or the
Merit Systems Protection Board with the prior approval of the
Committees on Appropriations of both Houses of Congress.
SEC. 733. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107–171 (7 U.S.C. 2655).
SEC. 734. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to enroll in excess of 150,000 acres
in the calendar year 2006 wetlands reserve program as authorized
by 16 U.S.C. 3837.
SEC. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)
in excess of $1,017,000,000.
SEC. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $23,000,000 made available
by section 9006(f) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106(f)).
SEC. 737. None of the funds appropriated or otherwise made
available under this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $80,000,000 made
available by section 601(j)(1) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(j)(1)).
SEC. 738. None of the funds made available in fiscal year
2006 or preceding fiscal years for programs authorized under the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill Emerson
Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any
such funds made available to reimburse the Commodity Credit
Corporation shall only be used pursuant to section 302(b)(2)(B)(i)
of the Bill Emerson Humanitarian Trust Act.
SEC. 739. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $120,000,000 made avail-
able by section 6401(a) of Public Law 107–171.
SEC. 740. Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2))
in implementing section 313A of that Act, the Secretary shall,
with the consent of the lender, structure the schedule for payment
of the annual fee, not to exceed an average of 30 basis points
per year for the term of the loan, to ensure that sufficient funds
are available to pay the subsidy costs for note guarantees under
that section.
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Conservation Security
Program authorized by 16 U.S.C. 3838 et seq., in excess of
$259,000,000.
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SEC. 742. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2502 of Public
Law 107–171 in excess of $43,000,000.
SEC. 743. Of the unobligated balances available in the Special
Supplemental Nutrition Program for Women, Infants, and Children
reserve account, $32,000,000 is hereby rescinded.
SEC. 744. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2503 of Public
Law 107–171 in excess of $73,500,000.
SEC. 745. With the exception of funds provided in fiscal year
2005, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to carry out section 6029
of Public Law 107–171.
SEC. 746. Hereafter, none of the funds appropriated or other-
wise made available in this Act shall be expended to violate Public
Law 105–264.
SEC. 747. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a ground and surface water
conservation program authorized by section 2301 of Public Law
107–171 in excess of $51,000,000.
SEC. 748. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise imple-
ment, the proposed rule on cost-sharing for animal and plant health
emergency programs of the Animal and Plant Health Inspection
Service published on July 8, 2003 (Docket No. 02–062–1; 68 Fed.
Reg. 40541).
SEC. 749. Hereafter, notwithstanding any other provision of
law, the Secretary of Agriculture may use appropriations available
to the Secretary for activities authorized under sections 426–426c
of title 7, United States Code, under this or any other Act, to
enter into cooperative agreements, with a State, political subdivi-
sion, or agency thereof, a public or private agency, organization,
or any other person, to lease aircraft if the Secretary determines
that the objectives of the agreement will: (1) serve a mutual interest
of the parties to the agreement in carrying out the programs
administered by the Animal and Plant Health Inspection Service,
Wildlife Services; and (2) all parties will contribute resources to
the accomplishment of these objectives; award of a cooperative
agreement authorized by the Secretary may be made for an initial
term not to exceed 5 years.
SEC. 750. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 9010 of Public
Law 107–171 in excess of $60,000,000.
SEC. 751. Hereafter, agencies and offices of the Department
of Agriculture may utilize any available discretionary funds to
cover the costs of preparing, or contracting for the preparation
of, final agency decisions regarding complaints of discrimination
in employment or program activities arising within such agencies
and offices.
SEC. 752. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in the current fiscal
year shall remain available until expended to cover obligations
7 USC 2209i.
7 USC 426d.
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made in the current fiscal year, and are not available for new
obligations.
SEC. 753. There is hereby appropriated $750,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to contami-
nate rural drinking water supplies.
SEC. 754. Notwithstanding any other provision of law—
(1) the City of Palmer, Alaska shall be eligible to receive
a water and waste disposal grant under section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)) in an amount that is equal to not more than 75
percent of the total cost of providing water and sewer service
to the proposed hospital in the Matanuska-Susitna Borough,
Alaska;
(2) or any percentage of cost limitation in current law
or regulations, the construction projects known as the Tri-
Valley Community Center addition in Healy, Alaska; the Cold
Climate Housing Research Center in Fairbanks, Alaska; and
the University of Alaska-Fairbanks Allied Health Learning
Center skill labs/classrooms shall be eligible to receive Commu-
nity Facilities grants in amounts that are equal to not more
than 75 percent of the total facility costs: Provided, That for
the purposes of this paragraph, the Cold Climate Housing
Research Center is designated an ‘‘essential community facility’’
for rural Alaska;
(3) for any fiscal year and hereafter, in the case of a
high cost isolated rural area in Alaska that is not connected
to a road system, the maximum level for the single family
housing assistance shall be 150 percent of the median household
income level in the nonmetropolitan areas of the State and
115 percent of all other eligible areas of the State; and
(4) any former RUS borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Elec-
trification Act, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under Section 313(b)(2)(B) of such Act
in the same manner as a borrower under such Act.
SEC. 755. There is hereby appropriated $1,000,000, to remain
available until expended, for a grant to the Ohio Livestock Expo
Center in Springfield, Ohio.
SEC. 756. Hereafter, notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the asso-
ciated regulations) governing the Community Facilities Program,
the Secretary may allow all Community Facility Program facility
borrowers and grantees to enter into contracts with not-for-profit
third parties for services consistent with the requirements of the
Program, grant, and/or loan: Provided, That the contracts protect
the interests of the Government regarding cost, liability, mainte-
nance, and administrative fees.
SEC. 757. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out an Agricultural Management
Assistance Program as authorized by section 524 of the Federal
Crop Insurance Act in excess of $6,000,000 (7 U.S.C. 1524).
SEC. 758. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and other
assistance available through the emergency watershed protection
7 USC 1926f.
42 USC 1472
note.
Alaska.
Grants.
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program under section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) to repair and prevent damage to non-Federal
land in watersheds that have been impaired by fires initiated by
the Federal Government and shall waive cost sharing requirements
for the funding and assistance.
SEC. 759. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Biomass Research and
Development Program in excess of $12,000,000, as authorized by
Public Law 106–224 (7 U.S.C. 7624 note).
SEC. 760. None of the funds provided in this Act may be
used for salaries and expenses to carry out any regulation or rule
insofar as it would make ineligible for enrollment in the conserva-
tion reserve program established under subchapter B of chapter
1 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.) land that is planted to hardwood trees as
of the date of enactment of this Act and was enrolled in the
conservation reserve program under a contract that expired prior
to calendar year 2002.
SEC. 761. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Secretary of Agriculture may sell the US Water Conservation Lab-
oratory, Phoenix, Arizona, and credit the net proceeds of such
sale as offsetting collections to its Agricultural Research Service
Buildings and Facilities account. Such funds shall be available
until September 30, 2007 to be used to replace these facilities
and to improve other USDA-owned facilities.
SEC. 762. None of the funds provided in this Act may be
used for salaries and expenses to draft or implement any regulation
or rule insofar as it would require recertification of rural status
for each electric and telecommunications borrower for the Rural
Electrification and Telecommunication Loans program.
SEC. 763. The Secretary of Agriculture may use any unobligated
carryover funds made available for any program administered by
the Rural Utilities Service (not including funds made available
under the heading ‘‘Rural Community Advancement Program’’ in
any Act of appropriation) to carry out section 315 of the Rural
Electrification Act of 1936 (7 U.S.C. 940e).
SEC. 764. There is hereby appropriated $650,000, to remain
available until expended, to carry out provisions of section 751
of division A of Public Law 108–7.
SEC. 765. (a) Notwithstanding any other provision of law, and
until the receipt of the decennial Census in the year 2010, the
Secretary of Agriculture shall consider—
(1) the City of Bridgeton, New Jersey, the City of Kinston,
North Carolina, and the City of Portsmouth, Ohio as rural
areas for the purposes of Rural Housing Service Community
Facilities Program loans and grants;
(2) the Township of Bloomington, Illinois (including individ-
uals and entities with projects within Township) shall be
eligible for Rural Housing Service Community Facilities Pro-
grams loans and grants;
(3) the City of Lone Grove, Oklahoma (including individuals
and entities with projects within the city) shall be eligible
for Rural Housing Service Community Facilities Program loans
and grants;
(4) the City of Butte/Silverbow, Montana, rural areas for
purposes of eligibility for Rural Utilities Service water and
State listing.
Loans.
Grants.
Arizona.
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waste water loans and grants and Rural Housing Service
Community Facilities Program loans and grants;
(5) Cleburne County, Arkansas, rural areas for purposes
of eligibility of Rural Utilities Service water and waste water
loans and grants;
(6) the designated Census track areas for the Upper
Kanawha Valley Enterprise Community, West Virginia, rural
areas for purposes of eligibility for rural empowerment zones
and enterprise community programs in the rural development
mission area;
(7) the Municipality of Carolina, Puerto Rico, as meeting
the eligibility requirements for Rural Utilities Service water
and waste water loans and grants;
(8) the Municipalities of Vega Baja, Manati, Guayama,
Fajardo, Humacao, and Naguabo, Puerto Rico, (including
individuals and entities with projects within the Municipalities)
shall be eligible for Rural Community Advancement Program
loans and grants and intermediate relending programs;
(9) the City of Hidalgo, Texas as a rural area for the
purpose of the Rural Business-Cooperative Service Rural Busi-
ness Enterprise Grant Program;
(10) the City of Elgin, Oklahoma (including individuals
and entities with projects within the city) shall be eligible
for Rural Utilities Service water and waste water loans and
grants; and
(11) the City of Lodi, California, the City of Atchison,
Kansas, and the City of Belle Glade, Florida as rural areas
for the purposes of the Rural Utilities Service water and waste
water loans and grants.
SEC. 766. There is hereby appropriated $200,000 for a grant
to Alaska Village Initiatives for the purpose of administering a
private lands wildlife management program in Alaska.
SEC. 767. There is hereby appropriated $2,250,000, to remain
available until expended, for a grant to the Wisconsin Federation
of Cooperatives for pilot Wisconsin-Minnesota health care coopera-
tive purchasing alliances.
SEC. 768. The counties of Burlington and Camden, New Jersey
(including individuals and entities with projects within these coun-
ties) shall be eligible for loans and grants under the Rural Commu-
nity Advancement Program for fiscal year 2006 to the same extent
they were eligible for such assistance during the fiscal year 2005
under section 106 of Chapter 1 of Division B of Public Law 108–
324 (188 Stat. 1236).
SEC. 769. Hereafter, notwithstanding any other provision of
law, funds made available to States administering the Child and
Adult Care Food Program, for the purpose of conducting audits
of participating institutions, funds identified by the Secretary as
having been unused during the initial fiscal year of availability
may be recovered and reallocated by the Secretary: Provided, That
States may use the reallocated funds until expended for the purpose
of conducting audits of participating institutions.
SEC. 770. The Secretary of Agriculture is authorized and
directed to quitclaim to the City of Elkhart, Kansas, all rights,
title and interests of the United States in that tract of land com-
prising 151.7 acres, more or less, located in Morton County, Kansas,
and more specifically described in a deed dated March 11, 1958,
from the United States of America to the City of Elkhart, State
Kansas.
42 USC 1766
note.
New Jersey.
Loans.
Grants.
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of Kansas, and filed of record April 4, 1958 at Book 34 at Page
520 in the office of the Register of Deeds of Morton County, Kansas.
SEC. 771. There is hereby appropriated $2,500,000 to carry
out the Healthy Forests Reserve Program authorized under Title
V of Public Law 108–148 (16 U.S.C. 6571–6578).
SEC. 772. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 773. In addition to other amounts appropriated or other-
wise made available by this Act, there is hereby appropriated to
the Secretary of Agriculture $7,000,000, of which not to exceed
5 percent may be available for administrative expenses, to remain
available until expended, to make specialty crop block grants under
section 101 of the Specialty Crops Competitiveness Act of 2004
(Public Law 108–465; 7 U.S.C. 1621 note).
SEC. 774. The Rural Electrification Act of 1936 is amended
by inserting after section 315 (7 U.S.C. 940e) the following:
‘‘SEC. 316. EXTENSION
OF PERIOD
OF EXISTING GUARANTEE.
(a) IN GENERAL.—Subject to the limitations in this section and
the provisions of the Federal Credit Reform Act of 1990, as
amended, a borrower of a loan made by the Federal Financing
Bank and guaranteed under this Act may request an extension
of the final maturity of the outstanding principal balance of such
loan or any loan advance thereunder. If the Secretary and the
Federal Financing Bank approve such an extension, then the period
of the existing guarantee shall also be considered extended.
‘‘(b) LIMITATIONS.—
‘‘(1) FEASIBILITY AND SECURITY.—Extensions under this sec-
tion shall not be made unless the Secretary first finds and
certifies that, after giving effect to the extension, in his judg-
ment the security for all loans to the borrower made or guaran-
teed under this Act is reasonably adequate and that all such
loans will be repaid within the time agreed. 
‘‘(2) EXTENSION OF USEFUL LIFE OR COLLATERAL.—Exten-
sions under this section shall not be granted unless the bor-
rower first submits with its request either—
‘‘(A) evidence satisfactory to the Secretary that a Fed-
eral or State agency with jurisdiction and expertise has
made an official determination, such as through a licensing
proceeding, extending the useful life of a generating plant
or transmission line pledged as collateral to or beyond
the new final maturity date being requested by the bor-
rower, or
‘‘(B) a certificate from an independent licensed engineer
concluding, on the basis of a thorough engineering analysis
satisfactory to the Secretary, that the useful life of the
generating plant or transmission line pledged as collateral
extends to or beyond the new final maturity date being
requested by the borrower.
‘‘(3) AMOUNT ELIGIBLE FOR EXTENSION.—Extensions under
this section shall not be granted if the principal balance
extended exceeds the appraised value of the generating plant
or transmission line referred to in subsection paragraph (2).
7 USC 940f.
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‘‘(4) PERIOD OF EXTENSION.—Extensions under this section
shall in no case result in a final maturity greater than 55
years from the time of original disbursement and shall in
no case result in a final maturity greater than the useful
life of the plant.
‘‘(5) NUMBER OF EXTENSIONS.—Extensions under this sec-
tion shall not be granted more than once per loan advance.
‘‘(c) FEES.—
‘‘(1) IN GENERAL.—A borrower that receives an extension
under this section shall pay a fee to the Secretary which shall
be credited to the Rural Electrification and Telecommunications
Loans Program account. Such fees shall remain available with-
out fiscal year limitation to pay the modification costs for
extensions.
‘‘(2) AMOUNT.—The amount of the fee paid shall be equal
to the modification cost, calculated in accordance with section
502 of the Federal Credit Reform Act of 1990, as amended,
of such extension.
‘‘(3) PAYMENT.—The borrower shall pay the fee required
under this section at the time the existing guarantee is
extended by making a payment in the amount of the required
fee.’’.
SEC. 775. (a) IN GENERAL.—The Secretary of Health and
Human Services, on behalf of the United States may, whenever
the Secretary deems desirable, relinquish to the State of Arkansas
all or part of the jurisdiction of the United States over the lands
and properties encompassing the Jefferson Labs campus in the
State of Arkansas that are under the supervision or control of
the Secretary.
(b) TERMS.—Relinquishment of jurisdiction under this section
may be accomplished, under terms and conditions that the Secretary
deems advisable,
(1) by filing with the Governor of the State of Arkansas
a notice of relinquishment to take effect upon acceptance
thereof; or
(2) as the laws of such State may otherwise provide.
(c) DEFINITION.—In this section, the term ‘‘Jefferson Labs cam-
pus’’ means the lands and properties of the National Center for
Toxicological Research and the Arkansas Regional Laboratory.
SEC. 776. Section 204(b)(3)(A) of the Child Nutrition and WIC
Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note)
is amended by striking ‘‘July 1, 2006’’ and inserting ‘‘October 1,
2005’’.
SEC. 777. (a) Section 18(f)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended—
(1) by striking ‘‘April 2004’’ and inserting ‘‘June 2005’’;
and
(2) in clause (ii), by striking ‘‘66.67’’ and inserting ‘‘75’’.
(b) The amendments made by subsection (a) take effect on
January 1, 2006.
SEC. 778. None of the funds in this Act may be used to retire
more than 5 percent of the Class A stock of the Rural Telephone
Bank, except in the event of liquidation or dissolution of the tele-
phone bank during fiscal year 2006, pursuant to section 411 of
the Rural Electrification Act of 1936, as amended, or to maintain
any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically
Effective date.
42 USC 1769
note.
Notice.
Arkansas.
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been authorized by statute: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available in this Act may be used to transfer to the Treasury
or to the Federal Financing Bank any unobligated balance of the
Rural Telephone Bank telephone liquidating account which is in
excess of current requirements and such balance shall receive
interest as set forth for financial accounts in section 505(c) of
the Federal Credit Reform Act of 1990.
SEC. 779. There is hereby appropriated $6,000,000 to carry
out Section 120 of Public Law 108–265 in Utah, Wisconsin, New
Mexico, Texas, Connecticut, and Idaho.
SEC. 780. Section 508(a)(4)(B) of the Federal Crop Insurance
Act (7 U.S.C. 1508(a)(4)(B)) is amended by inserting ‘‘or similar
commodities’’ after ‘‘the commodity’’.
SEC. 781. (a) Notwithstanding subtitles B and C of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.), during
fiscal year 2006, the National Dairy Promotion and Research Board
may obligate and expend funds for any activity to improve the
environment and public health.
(b) The Secretary of Agriculture shall review the impact of
any expenditures under subsection (a) and include the review in
the 2007 report of the Secretary to Congress on the dairy promotion
program established under subtitle B of the Dairy Production Sta-
bilization Act of 1983 (7 U.S.C. 4501 et seq.).
SEC. 782. The Federal facility located at the South Mississippi
Branch Experiment Station in Poplarville, Mississippi, and known
as the ‘‘Southern Horticultural Laboratory’’, shall be known and
designated as the ‘‘Thad Cochran Southern Horticultural Labora-
tory’’: Provided, That any reference in law, map, regulation, docu-
ment, paper, or other record of the United States to such Federal
facility shall be deemed to be a reference to the ‘‘Thad Cochran
Southern Horticultural Laboratory’’.
SEC. 783. As soon as practicable after the Agricultural Research
Service operations at the Western Cotton Research Laboratory
located at 4135 East Broadway Road in Phoenix, Arizona, have
ceased, the Secretary of Agriculture shall convey, without consider-
ation, to the Arizona Cotton Growers Association and Supima all
right, title, and interest of the United States in and to the real
property at that location, including improvements.
SEC. 784. (a) IN GENERAL.—In carrying out a livestock assist-
ance, compensation, or feed program, the Secretary of Agriculture
shall include horses and deer within the definition of ‘‘livestock’’
covered by the program.
(b) CONFORMING AMENDMENTS.—
(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.
1471(2)) is amended—
(A) by inserting ‘‘horses, deer,’’ after ‘‘bison,’’; and
(B) by striking ‘‘equine animals used for food or in
the production of food,’’.
(2) Section 806 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appro-
priations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–
51) is amended by inserting ‘‘(including losses to elk, reindeer,
bison, horses, and deer)’’ after ‘‘livestock losses’’.
(3) Section 10104(a) of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 1472(a)) is amended by striking
‘‘and bison’’ and inserting ‘‘bison, horses, and deer’’.
7 USC 1471 note.
Arizona.
Real property.
Federal buildings
and facilities.
Mississippi.
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(4) Section 203(d)(2) of the Agricultural Assistance Act
of 2003 (Public Law 108–7; 117 Stat. 541) is amended by
striking ‘‘and bison’’ and inserting ‘‘bison, horses, and deer’’.
(c) APPLICABILITY.—
(1) IN GENERAL.—This section and the amendments made
by this section apply to losses resulting from a disaster that
occurs on or after July 28, 2005.
(2) PRIOR LOSSES.—This section and the amendments made
by this section do not apply to losses resulting from a disaster
that occurred before July 28, 2005.
SEC. 785. Amounts made available for the Plant Materials
Center in Fallon, Nevada, under the heading ‘‘Conservation Oper-
ations’’ under the heading ‘‘Natural Resources Conservation Service’’
of title II of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2005
(Public Law 108–447; 118 Stat. 2823) shall remain available until
expended.
SEC. 786. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific authorization
in a subsequent Act of Congress, a competitive sourcing activity
of the Secretary of Agriculture, including support personnel of the
Department of Agriculture, relating to rural development or farm
loan programs.
SEC. 787. None of the funds made available under this Act
shall be available to pay the administrative expenses of a State
agency that, after the date of enactment of this Act and prior
to receiving certification in accordance with the provisions set forth
in section 17(h)(11)(E) of the Child Nutrition Act of 1966, authorizes
any new for-profit vendor(s) to transact food instruments under
the Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC) if it is expected that more than 50 percent
of the annual revenue of the vendor from the sale of food items
will be derived from the sale of supplemental foods that are obtained
with WIC food instruments, except that the Secretary may approve
the authorization of such a vendor if the approval is necessary
to assure participant access to program benefits.
SEC. 788. Of the unobligated balances under section 32 of
the Act of August 24, 1935, $37,601,000 are hereby rescinded.
SEC. 789. None of the funds provided in this Act may be
obligated or expended for any activity the purpose of which is
to require a recipient of any grant that was funded in Public
Law 102–368 and Public Law 103–50 for ‘‘Rural Housing for
Domestic Farm Labor’’ in response to Hurricane Andrew to pay
the United States any portion of any interest earned with respect
to such grants: Provided, That such funds are expended by the
grantee within 18 months of the date of enactment of this section
for the purposes of providing farm labor housing consistent with
the purpose authorized in title V of the Housing Act of 1949,
as determined by the Secretary.
SEC. 790. There is hereby appropriated $140,000 to remain
available until expended, for a grant to the University of Nevada
at Reno; $400,000 to remain available until expended for a grant
to the Ohio Center for Farmland Policy Innovation at Ohio State
University, Columbus, Ohio; $200,000 to remain available until
expended, for a grant to Utah State University for a farming and
dairy training initiative; $500,000, to remain available until
Deadline.
7 USC 1471 note.
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expended, for a grant to the Nueces County, Texas Regional Fair-
ground; and $350,000 to provide administrative support for a world
hunger organization: Provided, That none of the funds may be
used for a monetary award to an individual.
SEC. 791. There is hereby appropriated $1,000,000 to establish
a demonstration intermediate relending program for the construc-
tion and rehabilitation of housing for the Mississippi Band of
Choctaw Indians: Provided, That the interest rate for direct loans
shall be 1 percent: Provided further, That no later than 1 year
after the establishment of this program the Secretary shall provide
the Committees on Appropriations with a report providing informa-
tion on the program structure, management, and general demo-
graphic information on the loan recipients.
SEC. 792. Section 285 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638d) is amended by striking ‘‘2006’’ and inserting
‘‘2008’’.
SEC. 793. None of the funds appropriated or otherwise made
available by this Act shall be used to pay salaries and expenses
of personnel who implement or administer section 508(e)(3) of the
Federal Crop Insurance Act (7 U.S.C. 1508(e)(3)) or any regulation,
bulletin, policy or agency guidance issued pursuant to section
508(e)(3) of such Act for the 2007 reinsurance year.
SEC. 794. Effective 120 days after the date of enactment of
this Act, none of the funds made available in this Act may be
used to pay the salaries or expenses of personnel to inspect horses
under section 3 of the Federal Meat Inspection Act (21 U.S.C.
603) or under the guidelines issued under section 903 the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104–127).
SEC. 795. (a) Subject to subsection (b), none of the funds made
available in this Act may be used to—
(1) grant a waiver of a financial conflict of interest require-
ment pursuant to section 505(n)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(n)(4)) for any voting member
of an advisory committee or panel of the Food and Drug
Administration; or
(2) make a certification under section 208(b)(3) of title
18, United States Code, for any such voting member.
(b) Subsection (a) shall not apply to a waiver or certification
if—
(1) not later than 15 days prior to a meeting of an advisory
committee or panel to which such waiver or certification applies,
the Secretary of Health and Human Services discloses on the
Internet website of the Food and Drug Administration—
(A) the nature of the conflict of interest at issue; and
(B) the nature and basis of such waiver or certification
(other than information exempted from disclosure under
section 552 of title 5, United States Code (popularly known
as the Freedom of Information Act)); or
(2) in the case of a conflict of interest that becomes known
to the Secretary less than 15 days prior to a meeting to which
such waiver or certification applies, the Secretary shall make
such public disclosure as soon as possible thereafter, but in
no event later than the date of such meeting.
(c) None of the funds made available in this Act may be used
to make a new appointment to an advisory committee or panel
of the Food and Drug Administration unless the Commissioner
Reports.
Public
information.
Deadline.
Internet.
Effective date.
Deadline.
Reports.
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of Food and Drugs submits a quarterly report to the Inspector
General of the Department of Health and Human Services and
the Committees on Appropriations of the House and Senate on
the efforts made to identify qualified persons for such appointment
with minimal or no potential conflicts of interest.
SEC. 796. Section 274(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end the
following:
‘‘(C) It is not a violation of clauses (ii) or (iii) of subpara-
graph (A), or of clause (iv) of subparagraph (A) except
where a person encourages or induces an alien to come
to or enter the United States, for a religious denomination
having a bona fide nonprofit, religious organization in the
United States, or the agents or officers of such denomina-
tion or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to
perform the vocation of a minister or missionary for the
denomination or organization in the United States as a
volunteer who is not compensated as an employee, notwith-
standing the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomina-
tion for at least one year.’’.
SEC. 797. (a) Section 2111(a)(1) of the Organic Foods Production
Act of 1990 (7 U.S.C. 6510(a)(1)) is amended by inserting ‘‘not
appearing on the National List’’ after ‘‘ingredient’’.
(b) Section 2118 of the Organic Foods Production Act of 1990
(7 U.S.C. 6517) is amended—
(1) in subsection (c)(1)—
(A) in the paragraph heading, by inserting ‘‘IN ORGANIC
PRODUCTION
AND
HANDLING
OPERATIONS’’ after ‘‘SUB-
STANCES’’;
(B) in subparagraph (B)—
(i) in clause (i), by inserting ‘‘or’’ at the end; and
(ii) in clause (ii), by striking ‘‘or’’ at the end and
inserting ‘‘and’’; and
(C) by striking clause (iii); and
(2) in subsection (d), by adding at the end the following:
‘‘(6) EXPEDITED PETITIONS FOR COMMERCIALLY UNAVAILABLE
ORGANIC AGRICULTURAL PRODUCTS CONSTITUTING LESS THAN 5
PERCENT OF AN ORGANIC PROCESSED PRODUCT.—The Secretary
may develop emergency procedures for designating agricultural
products that are commercially unavailable in organic form
for placement on the National List for a period of time not
to exceed 12 months.’’.
(c) Section 2110(e)(2) of the Organic Foods Production Act of
1990 (7 U.S.C. 6509(e)(2)) is amended—
(1) by striking ‘‘A dairy’’ and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a dairy’’; and
(2) by adding at the end the following:
‘‘(B) TRANSITION GUIDELINE.—Crops and forage from
land included in the organic system plan of a dairy farm
that is in the third year of organic management may be
consumed by the dairy animals of the farm during the
12-month period immediately prior to the sale of organic
milk and milk products.’’.
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119 STAT. 2166
PUBLIC LAW 109–97—NOV. 10, 2005
SEC. 798. AMENABLE SPECIES.—The Federal Meat Inspection
Act (21 U.S.C. 601 et seq.) is amended—
(1) by striking ‘‘cattle, sheep, swine, goats, horses, mules,
and other equines’’ each place it appears and inserting ‘‘ame-
nable species’’;
(2) in section 1, by adding at the end the following new
subsection:
‘‘(w) The term ‘amenable species’ means—
‘‘(1) those species subject to the provisions of this Act
on the day before the date of the enactment of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2006; and
‘‘(2) any additional species of livestock that the Secretary
considers appropriate.’’; and
(3) in section 19—
(A) by striking ‘‘horses, mules, or other equines’’ and
inserting ‘‘species designated by regulations in effect on
the day before the date of the enactment of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2006’’; and
(B) by striking ‘‘cattle, sheep, swine, or goats’’ and
inserting ‘‘other amenable species’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the day after the effective date of section
794 of the Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 2006.
SEC. 799. Public Law 109–54, the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006, is
amended as follows:
(1) Under the heading ‘‘National Park Service, Construc-
tion’’—
(A) by striking ‘‘of which’’ after ‘‘$301,291,000, to
remain available until expended,’’ and inserting ‘‘and’’;
(B) in the sixth proviso, by striking ‘‘hereinafter’’ and
inserting ‘‘hereafter’’ and, after ‘‘Annex’’, inserting the fol-
lowing: ‘‘and the Blue Ridge Parkway Regional Destination
Visitor Center’’; and
(C) in the seventh proviso, by striking ‘‘solicitation
and contract’’ and inserting ‘‘solicitations and contracts’’.
(2) Under the heading ‘‘National Park Service, Land
Acquisition and State Assistance’’ by striking ‘‘$74,824,000’’
and inserting ‘‘$64,909,000’’.
(3) Under the heading ‘‘Departmental Management, Sala-
ries and Expenses’’ by striking ‘‘$127,183,000’’ and inserting
‘‘$117,183,000’’.
(4) In title II, under the heading ‘‘Environmental Protection
Agency, State and Tribal Assistance Grants’’—
(A) before the period at the end of the first paragraph,
insert ‘‘: Provided further, That of the funds made available
under this heading in division I of Public Law 108–447,
$300,000 is for the Haleyville, Alabama, North Industrial
Area Water Storage Tank project: Provided further, That
the referenced statement of the managers under the
heading ‘‘Environmental Protection Agency, State and
Tribal Assistance Grants’’ in Public Law 107–73, in ref-
erence to item 184, is deemed to be amended by striking
‘‘$2,000,000’’ and inserting ‘‘$29,945’’ and by inserting after
Ante, p. 528.
Ante, p. 518.
Ante, p. 509.
Ante, p. 508.
21 USC 601 note.
21 USC 619.
21 USC 603–605,
608, 609, 615,
617, 618, 620,
621.
21 USC 601.
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119 STAT. 2167
PUBLIC LAW 109–97—NOV. 10, 2005
LEGISLATIVE HISTORY—H.R. 2744:
HOUSE REPORTS: Nos. 109–102 (Comm. on Appropriations) and 109–255
(Comm. of Conference).
SENATE REPORTS: No. 109–92 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 8, considered and passed House.
Sept. 15, 19–22, considered and passed Senate, amended.
Oct. 28, House agreed to conference report.
Nov. 2, 3, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 10, Presidential statement.
‘‘improvements’’ the following: ‘‘, $500,000 to the City of
Sheridan for water system improvements, $500,000 to
Meagher County/Martinsdale Water and Sewer District for
Martinsdale Water System Improvements, and $970,055
to the City of Bozeman for Hyalite Waterline and Intake’’;
and
(B) in the second paragraph strike ‘‘original’’.
(5) Under the heading ‘‘Forest Service, Land Acquisition’’
by striking ‘‘land that are encumbered’’ and all that follows
through ‘‘under this section,’’ and inserting the following: ‘‘lands
that are encumbered by unpatented claims acquired under
this section, or with previously appropriated funds,’’.
(6) At the end of title IV—General Provisions, insert the
following:
‘‘SEC. 440. REDESIGNATION OF WILDERNESS.
‘‘(a) REDESIGNATION.—Section 140(c)(4) of division E of Public
Law 108–447 is amended by striking ‘National’.
‘‘(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the ‘Gaylord
A. Nelson National Wilderness’ shall be deemed to be a reference
to the ‘Gaylord A. Nelson Wilderness’.’’.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2006’’.
Approved November 10, 2005.
16 USC 1132
note.
Ante, p. 559.
Ante, p. 535.
Ante, p. 530.
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