Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3161 Placed on Calendar Senate (PCS)]

Calendar No. 331
110th CONGRESS
1st Session
H. R. 3161

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

August 3, 2007

Received; read twice and placed on the calendar

_______________________________________________________________________

AN ACT

Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2008, and for other purposes.

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, 2008, and for other
purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing and Marketing

Office of the Secretary

For necessary expenses of the Office of the Secretary of
Agriculture, $5,505,000 (reduced by $100,100): Provided, That not to
exceed $11,000 of this amount shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary.

Executive Operations

chief economist

For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
$10,847,000.

national appeals division

For necessary expenses of the National Appeals Division,
$15,056,000.

office of budget and program analysis

For necessary expenses of the Office of Budget and Program
Analysis, $8,622,000.

homeland security staff

For necessary expenses of the Homeland Security Staff, $2,252,000.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief Information
Officer, $16,723,000.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, $6,076,000: Provided, 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 Oversight and
Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.

Office of the Assistant Secretary for Civil Rights

For necessary salaries and expenses of the Office of the Assistant
Secretary for Civil Rights, $897,000.

Office of Civil Rights

For necessary expenses of the Office of Civil Rights, $23,147,000.

Office of the Assistant Secretary for Administration

For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $709,000.

Agriculture Buildings and Facilities and Rental Payments

(including transfers of funds)

For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $196,616,000, to remain available until expended, of
which $156,590,000 shall be for payments to the General Services
Administration for rent and the Department of Homeland Security for
building security: Provided, That amounts which are made available for
space rental and related costs for the Department of Agriculture in
this Act may be transferred between such appropriations to cover the
costs of additional, new, or replacement space 15 days after notice
thereof is transmitted to the Appropriations Committees of both Houses
of Congress.

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $12,200,000, 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, $23,913,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558.

Office of the Assistant Secretary for Congressional Relations

(including transfers of funds)

For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,936,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may be
obligated after 30 days from the date of enactment of this Act, unless
the Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA agency:
Provided further, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of activities
of congressional relations.

Office of Communications

For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $9,720,000.

Office of Inspector General

For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$85,998,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.

Office of the General Counsel

For necessary expenses of the Office of the General Counsel,
$40,964,000.

Office of the Under Secretary for Research, Education and Economics

For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$626,000.

Economic Research Service

For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $79,282,000.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
$166,099,000, of which up to $52,725,000 shall be available until
expended for the Census of Agriculture.

Agricultural Research Service

salaries and expenses

For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,076,340,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and
the purchase of not to exceed one for replacement only: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000,
and except for 10 buildings to be constructed or improved at a cost not
to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State, other
political subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law: 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, $64,000,000,
to remain available until expended.

Cooperative State Research, Education, and Extension Service

research and education activities

For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$671,419,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $195,817,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $23,318,000; for
payments to eligible institutions (7 U.S.C. 3222), $42,000,000, of
which $944,737 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)),
$94,242,000; for competitive grants for agricultural research on
improved pest control (7 U.S.C. 450i(c)), $15,973,000; for competitive
research grants (7 U.S.C. 450i(b)), $190,229,000; for the support of
animal health and disease programs (7 U.S.C. 3195), $5,006,000; for the
1994 research grants program for 1994 institutions pursuant to section
536 of Public Law 103-382 (7 U.S.C. 301 note), $1,544,000, to remain
available until expended; for higher education graduate fellowship
grants (7 U.S.C. 3152(b)(6)), $3,701,000, 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.), $1,000,000; for higher education challenge grants (7 U.S.C.
3152(b)(1)), $5,423,000; for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), $988,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $6,237,000; for
competitive 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, $3,218,000; for a secondary agriculture education program and
2-year post-secondary education (7 U.S.C. 3152(j)), $990,000; for
aquaculture grants (7 U.S.C. 3322), $3,956,000; for sustainable
agriculture research and education (7 U.S.C. 5811), $14,000,000; for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222,
$15,000,000, 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, $3,342,000; 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), $1,000,000;
and for necessary expenses of Research and Education Activities,
$44,435,000, of which $2,723,000 for the Research, Education, and
Economics Information System and $2,151,000 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 marketing of tobacco or tobacco products: Provided further, That
this paragraph shall not apply to research on the medical,
biotechnological, food, and industrial uses of tobacco.

native american institutions endowment fund

For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, 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, $463,886,000, 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,
$281,429,000; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $68,500,000; payments for the pest
management program under section 3(d) of the Act, $9,860,000; payments
for the farm safety program under section 3(d) of the Act, $5,000,000;
payments for New Technologies for Ag Extension under Section 3(d) of
the Act, $1,485,000; payments to upgrade research, extension, and
teaching facilities at institutions eligible to receive funds under 7
U.S.C. 3221 and 3222, $18,000,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,396,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $494,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), $4,052,000; payments for the federally-recognized Tribes
Extension Program under section 3(d) of the Smith-Lever Act,
$3,000,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,200,000; payments for cooperative extension work by
eligible institutions (7 U.S.C. 3221), $37,000,000, of which $1,113,333
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,
$1,980,000; and for necessary expenses of Extension Activities,
$17,169,000.

integrated activities

For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $57,244,000, 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), $42,286,000, including $12,738,000 for the water
quality program, $14,699,000 for the food safety program, $4,125,000
for the regional pest management centers program, $4,419,000 for the
Food Quality Protection Act risk mitigation program for major food crop
systems, $1,375,000 for the crops affected by Food Quality Protection
Act implementation, $3,075,000 for the methyl bromide transition
program, and $1,855,000 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, $3,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $737,000, to
remain available until September 30, 2009, for the critical issues
program; $1,321,000 for the regional rural development centers program;
and $9,900,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until
September 30, 2009.

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),
$6,930,000, to remain available until expended.

Office of the Under Secretary for Marketing and Regulatory Programs

For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $759,000.

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, $874,643,000, of which
$4,113,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions; of which
$36,269,000 shall be used for the cotton pests program for cost share
purposes or for debt retirement for active eradication zones; of which
$57,044,000 shall be used to conduct a surveillance and preparedness
program for highly pathogenic avian influenza: Provided, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed four, of which two shall
be for replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of
the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2008, 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, $4,946,000, to
remain available until expended.

Agricultural Marketing Service

marketing services

For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States, $79,945,000, 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 $61,233,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.

funds for strengthening markets, income, and supply (section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, 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 in this Act; and (3) not more than
$16,798,000 for formulation and administration of marketing agreements
and orders pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.

payments to states and possessions

For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,334,000.

Grain Inspection, Packers and Stockyards Administration

salaries and expenses

For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, $41,115,000: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.

limitation on inspection and weighing services expenses

Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $632,000.

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), $930,120,000, of which no
less than $830,057,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That of the total amount
made available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.

Farm Assistance Programs

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, $666,000.

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,
$1,127,409,000: 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: Provided further, That none of the funds
made available by this Act may be used to pay the salary or expenses of
any officer or employee of the Department of Agriculture to close or
relocate any county or field office of the Farm Service Agency (other
than a county or field office that had zero employees as of February 7,
2007), or to develop, submit, consider, or approve any plan for any
such closure or relocation before the expiration of the six month
period following the date of the enactment of an omnibus authorization
law to provide for the continuation of agricultural programs for fiscal
years after 2007: Provided further, That after the expiration of the
six month period following the date of the enactment of an omnibus
authorization law to provide for the continuation of agricultural
programs for fiscal years after 2007 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 Committee 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), $4,000,000.

grassroots source water protection program

For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $3,713,000, to remain available until
expended.

dairy indemnity program

(including transfer of funds)

For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

agricultural credit insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,423,857,000, of which $1,200,000,000 shall be for
unsubsidized guaranteed loans and $223,857,000 shall be for direct
loans; operating loans, $1,879,595,000, of which $1,000,000,000 shall
be for unsubsidized guaranteed loans, $250,000,000 shall be for
subsidized guaranteed loans and $629,595,000 shall be for direct loans;
Indian tribe land acquisition loans, $3,960,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $14,762,000, of which
$4,800,000 shall be for unsubsidized guaranteed loans, and $9,962,000
shall be for direct loans; operating loans, $137,446,000, of which
$24,200,000 shall be for unsubsidized guaranteed loans, $33,350,000
shall be for subsidized guaranteed loans, and $79,896,000 shall be for
direct loans; and Indian tribe land acquisition loans, $125,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $318,150,000, of which
$310,230,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That the Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.

Risk Management Agency

For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $78,833,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.

hazardous waste management

(limitation on expenses)

For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $781,000.

Natural Resources Conservation Service

conservation operations

For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$851,910,000, to remain available until June 30, 2009, of which not
less than $10,840,000 is for snow survey and water forecasting, and not
less than $10,779,000 is for operation and establishment of the plant
materials centers, and of which not less than $27,225,000 shall be for
the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That qualified local engineers may
be temporarily employed at per diem rates to perform the technical
planning work of the Service.

watershed surveys and planning

For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $6,556,000.

watershed and flood prevention operations

For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $37,000,000, 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 $18,500,000 of this
appropriation shall be available for technical assistance.

watershed rehabilitation program

For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$31,586,000, 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), $52,370,000, to remain
available until expended: Provided, That not to exceed $3,073,000 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,
$666,000.

rural community advancement program

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $728,807,000, to remain available until expended, of which
$55,742,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $573,065,000 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 $100,000,000 shall be for the rural business and cooperative
development programs described in sections 381E(d)(3) and 310B(f) of
such Act: Provided, That of the total amount appropriated in this
account, $24,000,000 shall be for loans and grants to benefit Federally
Recognized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act, of
which $4,000,000 shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of the
Consolidated Farm and Rural Development Act, and of which $250,000
shall be available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order to
promote economic development: Provided further, That of the amount
appropriated for 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;
$3,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 1921 et seq.) for any purpose under this heading: Provided
further, That of the amount appropriated for rural utilities programs,
not to exceed $25,000,000 shall be for water and waste disposal systems
to benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; $18,250,000
shall be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, of which $5,600,000
shall be for Rural Community Assistance Programs; and not to exceed
$14,000,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $22,800,000 shall be available
through June 30, 2008, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones; of which $1,100,000 shall be
for the rural community programs described in section 381E(d)(1) of
such Act, of which $13,400,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which
$8,300,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided further,
That any prior year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19))
shall be transferred to and merged with the ``Rural Utilities Service,
High Energy Costs Grants Account''.

Rural Development Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$175,382,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees: Provided
further, That any balances available from prior years for the Rural
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this appropriation.

Rural Housing Service

rural housing insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $4,845,816,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $1,129,391,000 shall be for
direct loans, and of which $3,716,425,000 shall be for unsubsidized
guaranteed loans; $34,652,000 for section 504 housing repair loans;
$99,000,000 for section 515 rental housing; $99,000,000 for section 538
guaranteed multi-family housing loans; $5,046,000 for section 524 site
loans; $11,486,000 for credit sales of acquired property, of which up
to $1,486,000 may be for multi-family credit sales; and $5,000,000 for
section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $150,183,000, of which
$105,824,000 shall be for direct loans, and of which $44,359,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $9,796,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$42,184,000; section 538 multi-family housing guaranteed loans,
$9,306,000; credit sales of acquired property, $552,000; and section
523 self-help housing and development loans, $142,000: Provided, That
of the total amount appropriated in this paragraph, $2,500,000 shall be
available through June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That any balances for a demonstration program for the preservation and
revitalization of the section 515 multi-family rental housing
properties as authorized in Public Law 109-97 shall be transferred to
and merged with the ``Rural Housing Service, Multifamily Housing
Revitalization Program Account''.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $462,521,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.

rental assistance program

For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$533,020,000, to remain available through September 30, 2009; 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 $7,920,000 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 one-year period: Provided
further, That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for the purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance that
is recovered from projects that are subject to prepayment shall be
deobligated and reallocated for vouchers and debt forgiveness or
payments consistent with the requirements of this Act for purposes
authorized under section 542 and section 502(c)(5)(D) of the Housing
Act of 1949, as amended: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2008 for a
section 514/516 project may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided further, That
such recaptured rental assistance shall, to the extent practicable, be
applied to another section 514/516 project.

multifamily housing revitalization program account

For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949 (without regard to section 542(b)), for
the cost to conduct a housing demonstration program to provide
revolving loans for the preservation of low-income multi-family housing
projects, and for additional costs to conduct a demonstration program
for the preservation and revitalization of the section 515 multi-family
rental housing properties, $27,800,000, to remain available until
expended: Provided, That of the funds made available under this
heading, $10,000,000 shall be available for rural housing vouchers to
any low-income household (including those not receiving rental
assistance) residing in a property financed with a section 515 loan
which has been prepaid after September 30, 2005: Provided further, That
the amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers,
shall be subject to the availability of annual appropriations: Provided
further, That the Secretary shall, to the maximum extent practicable,
administer such vouchers with current regulations and administrative
guidance applicable for section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development (including
the ability to pay administrative costs related to delivery of the
voucher funds): Provided further, That if the Secretary determines that
the amount made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration programs for the preservation and revitalization of the
section 515 multi-family rental housing properties described in this
paragraph: Provided further, That of the funds made available under
this heading, $3,000,000 shall be available for loans to private non-
profit organizations, or such non-profit organizations' affiliate loan
funds and State and local housing finance agencies, to carry out a
housing demonstration program to provide revolving loans for the
preservation of low-income multi-family housing projects: Provided
further, That loans under such demonstration program shall have an
interest rate of not more than 1 percent direct loan to the recipient:
Provided further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to 3 years and
the term of such loans shall not exceed 30 years: Provided further,
That of the funds made available under this heading, $14,800,000 shall
be available for a demonstration program for the preservation and
revitalization of the section 515 multi-family rental housing
properties to restructure existing section 515 loans, as the Secretary
deems appropriate, expressly for the purposes of ensuring the project
has sufficient resources to preserve the project for the purpose of
providing safe and affordable housing for low-income residents
including reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances and incentives required by the Secretary:
Provided further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed, funds for
the preservation and revitalization demonstration program may be used
for such vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a section 515 multi-family rental
housing loan restructuring program similar to the demonstration program
described herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress.

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), $40,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2008, 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

(including transfer of funds)

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,
$39,000,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2008, for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones: Provided further, That any balances to
carry out a housing demonstration program to provide revolving loans
for the preservation of low-income multi-family housing projects
authorized in Public Law 108-447 and Public Law 109-97 shall be
transferred to and merged with ``Rural Housing Service, Multifamily
Housing Revitalization Program Account''.

farm labor program account

For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $46,630,000, 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)), $33,772,000.
For the cost of direct loans, $14,485,000, 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, 2008, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2008, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated, $880,000 shall be
available through June 30, 2008, 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, $4,861,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.

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), $29,193,000, of which $495,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,475,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,473,000 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 $20,295,000, 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, $11,088,000, to remain
available until expended, for designated rural empowerment zones and
rural enterprise communities, as authorized by the Taxpayer Relief Act
of 1997 and the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277).

renewable energy program

For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized by section
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106), $46,000,000 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; loans made pursuant
to section 306 of that Act, rural electric, $4,500,000,000; 5 percent
rural telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made pursuant to
section 306 of that Act, rural telecommunications loans, $295,000,000.
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, $120,000, and the cost of telecommunications
loans, $3,620,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates may
exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $39,405,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.

distance learning, telemedicine, and broadband program

For the principal amount of broadband telecommunication loans,
$300,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain
available until expended.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $6,450,000, to remain available until September 30, 2009:
Provided, That the interest rate for such loans shall be the cost of
borrowing to the Department of the Treasury for obligations of
comparable maturity: Provided further, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $17,820,000, 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,
$628,000.

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;
$13,903,213,000, to remain available through September 30, 2009, of
which $7,668,156,000 is hereby appropriated and $6,235,057,000 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 up to $5,505,000 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), $5,620,000,000, to remain available
through September 30, 2009, of which such sums as are necessary to
restore the contingency reserve to $125,000,000 shall be placed in
reserve, to remain available until expended, to be allocated as the
Secretary deems necessary, notwithstanding section 17(i) of such Act,
to support participation should cost or participation exceed budget
estimates: Provided, That of the total amount available, the Secretary
shall obligate not less than $15,000,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in
2008; including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $30,000,000 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 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.), $39,816,223,000, of which $3,000,000,000 to remain
available through September 30, 2009, 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 funds provided herein
shall be expended in accordance with section 16 of the Food Stamp Act:
Provided further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided further, That
notwithstanding section 5(d) of the Food Stamp Act of 1977, any
additional payment received under chapter 5 of title 37, United States
Code, by a member of the United States Armed Forces deployed to a
designated combat zone shall be excluded from household income for the
duration of the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it was not
received immediately prior to serving in the combat zone.

commodity assistance program

For necessary expenses to carry out disaster assistance and the
commodity supplemental food program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
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, $221,070,000, to
remain available through September 30, 2009: 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 2008 to support the Seniors Farmers'
Market Nutrition Program (SFMNP), such funds shall remain available
through September 30, 2009: 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, $146,926,000.

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 3, 1956 (7 U.S.C.
1766), $159,136,000: 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 administrative expenses to carry out the credit program of
title I, Public Law 83-480, and the Food for Progress Act of 1985,
$2,749,000, to be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
In addition, the funds made available for the cost of agreements
under title I of the Agricultural Trade Development and Assistance Act
of 1954 and for title I ocean freight differential may be used
interchangeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.

public law 480 title ii grants

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,219,400,000, to remain available until
expended.

commodity credit corporation export loans program account

(including transfers of funds)

For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$5,338,000; 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 $4,985,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $353,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.

mcgovern-dole international food for education and child nutrition
program grants

For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

salaries and expenses

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $1,683,405,000: Provided, That of the amount
provided under this heading, $13,696,000 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 animal drug assessments received during fiscal
year 2008, including any such fees assessed prior to the current fiscal
year but credited during the current year, shall be subject to the
fiscal year 2008 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) $475,726,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $348,438,000 shall be for the Center for
Drug Evaluation and Research and related field activities in the Office
of Regulatory Affairs; (3) $155,073,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $94,809,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $240,122,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $36,455,000 shall be for the
National Center for Toxicological Research; (7) $97,976,000 shall be
for Rent and Related activities, of which $38,808,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (8) $131,533,000 shall be for payments to the
General Services Administration for rent; and (9) $89,577,000 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.
In addition, $28,000,000 shall be for the Center for Food Safety
and Applied Nutrition, to remain available from July 1, 2008, through
September 30, 2009.

buildings and facilities

For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$4,950,000, to remain available until expended.

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $102,550,000,
including not to exceed $3,000 for official reception and
representation expenses.

Farm Credit Administration

limitation on administrative expenses

Not to exceed $46,000,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.

TITLE VII

GENERAL PROVISIONS

(including rescissions and transfers of funds)

Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 182 passenger motor vehicles, of which 142 shall
be for replacement only, and for the hire of such vehicles.
Sec. 702. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, information technology infrastructure, fruit
fly program, emerging plant pests, cotton pests program, avian
influenza programs, up to $4,505,000 in the pest and disease management
program to control grasshoppers and Mormon cricket, up to $1,500,000 in
the scrapie program for indemnities, 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, Public
Health Data Communication Infrastructure System; Cooperative State
Research, Education, and Extension Service, funds for competitive
research grants (7 U.S.C. 450i(b)), funds for the Research, Education,
and Economics Information System, and funds for the Native American
Institutions Endowment Fund; Farm Service Agency, salaries and expenses
funds made available to county committees; Foreign Agricultural
Service, middle-income country training program, and up to $2,000,000
of the Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency exchange
rates, subject to documentation by the Foreign Agricultural Service.
Sec. 703. 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,
financial management modernization initiative, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 704. 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. 705. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 707. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to cover obligations
made in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing
Insurance Fund program account.
Sec. 708. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 709. 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. 710. 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. 711. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make available to
any non-Department of Agriculture or non-Department of Health and Human
Services employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
Sec. 712. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
none of the funds available to the Department of Agriculture for
information technology shall be obligated for projects over $25,000
prior to receipt of written approval by the Chief Information Officer.
Sec. 713. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of
Congress before implementing a program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
Sec. 714. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2009 appropriations Act.
Sec. 715. None of the funds made available by this or any other Act
may be used to close or relocate a Rural Development office unless or
until the Secretary of Agriculture determines the cost effectiveness
and enhancement of program delivery: Provided, That not later than 120
days before the date of the proposed closure or relocation, the
Secretary notifies the Committees on Appropriation of the House and
Senate, and the members of Congress from the State in which the office
is located of the proposed closure or relocation and provides a report
that describes in detail the justifications for such closures and
relocations.
Sec. 716. 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. 717. 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. 718. None of the funds made available in fiscal year 2008 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. 719. No funds shall be used to pay salaries and expenses of
the Department of Agriculture to carry out or administer the program
authorized by section 14(h)(1) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 720. Of the funds derived from interest on the cushion of
credit payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $34,000,000 shall not be obligated and
$34,000,000 are rescinded.
Sec. 721. None of the funds made available by this Act may be used
to issue a final rule in furtherance of, or otherwise implement, the
proposed rule on cost-sharing for animal and plant health emergency
programs of the Animal and Plant Health Inspection Service published on
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 722. 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 disburse obligations made in
the current fiscal year, and are not available for new obligations.
Funds made available under section 524(b) of the Federal Crop Insurance
Act, 7 U.S.C. 1524(b), in fiscal years 2004, 2005, 2006, 2007, and 2008
shall remain available until expended to disburse obligations made in
fiscal years 2004, 2005, 2006, 2007, and 2008 respectively, and except
for fiscal year 2008 funds, are not available for new obligations.
Sec. 723. 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. 724. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 725. In addition to other amounts appropriated or otherwise
made available by this Act, there is hereby appropriated to the
Secretary of Agriculture $10,000,000, 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. 726. None of the funds appropriated or otherwise made
available by this Act for the Food and Drug Administration may be used
under section 801 of the Federal Food, Drug, and Cosmetic Act to
prevent an individual not in the business of importing a prescription
drug within the meaning of section 801(g) of such Act, wholesalers, or
pharmacists from importing a prescription drug (as defined in section
804(a)(3) of such Act) which complies with sections 501, 502, and 505
of such Act.
Sec. 727. 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. 728. Of the amount available for Estimated Future Needs under
section 32 of the Act of August 24, 1935, $63,361,000 are hereby
rescinded: Provided, That in addition, of the unobligated balances
under section 32 of the Act of August 24, 1935, $147,000,000 are hereby
rescinded.
Sec. 729. None of the funds made available in this Act may be used
to--
(1) grant a waiver of a financial conflict of interest
requirement 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.
Sec. 730. Of the appropriations available for payments for the
nutrition and family education program for low-income areas under
section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if the payment
allocation pursuant to section 1425(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c))
would be less than $100,000 for any institution eligible under section
3(d)(2) of the Smith-Lever Act, the Secretary shall adjust payment
allocations under section 1425(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 to ensure that
each institution receives a payment of not less than $100,000.
Sec. 731. None of the funds made available in this Act may be used
to establish or implement a rule allowing poultry products to be
imported into the United States from the People's Republic of China.
Sec. 732. Of the unobligated balances available in the High Energy
Cost Grants account, $25,740,000 is hereby rescinded.
Sec. 733. None of the funds made available to the Department of
Agriculture in this Act may be used to implement the risk-based
inspection program in the 30 prototype locations announced on February
22, 2007, by the Under Secretary for Food Safety, or at any other
locations, until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the Committees
on Appropriations of the House of Representatives and the Senate on the
data used in support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues
identified by OIG.
Sec. 734. Not more than $11,166,000 of the funds made available
under section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for program compliance and integrity purposes,
including the data mining project, and for the Common Information
Management System.
Sec. 735. The Secretary of Agriculture shall continue the Water and
Waste Systems Direct Loan Program under the authority and conditions
(including the fees, borrower interest rate, and the President's
economic assumptions for the 2008 Fiscal Year, as of June 1, 2007)
provided by the ``Continuing Appropriations Resolution, 2007''.
Sec. 736. (a) Section 13(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively;
(C) in subparagraph (A) (as redesignated by
subparagraph (B)), striking ``(B)'' and all that
follows through ``shall not exceed'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B) and
in addition to amounts made available under paragraph
(3), payments to service institutions shall be'';
(D) in subparagraph (B) (as redesignated by
subparagraph (B)), by striking ``subparagraph (B)'' and
inserting ``subparagraph (A)''; and
(E) in subparagraph (C) (as redesignated by
subparagraph (B)), by striking ``(A), (B), and (C)''
and inserting ``(A) and (B)''; and
(2) in the second sentence of paragraph (3), by striking
``full amount of State approved'' and all that follows through
``maximum allowable''.
(b) Conforming Amendment.--Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) through (k) as
subsections (f) through (j), respectively.
(c) Effective Date.--The amendments made by this section take
effect on January 1 of the first full calendar year following the date
of enactment of this Act.
Sec. 737. There is hereby appropriated $21,000,000, to remain
available until September 30, 2009, of which not to exceed 5 percent
may be available for Federal and/or State administrative expenses, as
determined by the Secretary of Agriculture, to carry out a program
similar to section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)) in each State not currently served by the
authorized program.
Sec. 738. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 739. Of the unobligated balances available in the Special
Supplemental Nutrition Program for Women, Infants, and Children reserve
account, $16,069,000 is hereby rescinded.
Sec. 740. In addition to amounts otherwise appropriated or made
available by this Act, $2,475,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through
the Congressional Hunger Center.
Sec. 741. From the unobligated balances of funds transferred to the
Department of Homeland Security when the Department was established
pursuant to the Homeland Security Act of 2002 (Public Law 107-296),
excluding mandatory appropriations, $8,000,000 is rescinded.
Sec. 742. Effective as of May 25, 2007, section 9012 of Public Law
110-28 (121 Stat. 218) is repealed.
Sec. 743. Section 17(r)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``seven'' and inserting ``eight'';
(2) by striking ``five'' and inserting ``six''; and
(3) by inserting ``West Virginia,'' after the first
instance of ``States shall be''.
Sec. 744. Hereafter, notwithstanding any other provision of law, of
the funds made available for the Commodity Assistance Program under
division B of Public Law 109-148, Emergency Supplemental Appropriations
to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza,
2006, all unexpended funds shall be made available to support normal
program operations of the Commodity Supplemental Food Program under the
Agriculture and Consumer Protection Act of 1973 and of the Emergency
Food Assistance Program under the Emergency Food Assistance Act of
1983: Provided, That any commodities purchased with funds made
available under Public Law 109-148 and remaining undistributed shall be
used to support normal program operations under the authorities cited
in this section.
Sec. 745. Notwithstanding any other provision of law, and until
receipt of the decennial Census in the year 2010, the Secretary of
Agriculture shall consider--
(1) the City of Alamo, Texas; the City of Mercedes, Texas;
the City of Weslaco, Texas; the City of Donna, Texas; and the
City of La Feria, Texas, (including individuals and entities
with projects within the cities) eligible for loans and grants
funded through the rural business and cooperative development
programs in the Rural Community Advancement Program account;
(2) the City of Bainbridge Island, Washington; and the City
of Havelock, North Carolina, (including individuals and
entities with projects within the cities) eligible for loans
and grants funded through the rural community programs in the
Rural Community Advancement Program account;
(3) the City of Freeport, Illinois; Kitsap County (except
the City of Bremerton), Washington; the City of Atascadero,
California; and the City of Paso Robles, California, (including
individuals and entities with projects within the cities)
eligible for loans and grants funded through the Rural Housing
Insurance Fund Program account and the Rural Housing Assistance
Grants account; and
(4) the City of Canton, Mississippi, (including individuals
and entities with projects within the cities) eligible for
loans and grants funded through the rural utilities programs in
the Rural Community Advancement Program account.
Sec. 746. No funds in this Act for the Food and Drug Administration
may be used to authorize qualified health claims for conventional
foods.
Sec. 747. None of the funds made available in this Act may be used
to enter into a contract with an entity that does not participate in
the basic pilot program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
Sec. 748. None of the funds in this Act shall be available for the
Canaan Valley Institute (CVI) in Thomas, West Virginia.
Sec. 749. None of the funds made available in this Act may be
used--
(1) to terminate any of the 13 field laboratories that are
operated by the Food and Drug Administration as of January 1,
2007, or 20 District Offices, or any of the inspection or
compliance functions of any of the 20 District Offices, of the
Food and Drug Administration functioning as of January 1, 2007;
or
(2) to consolidate any such laboratory with any other
laboratory, or any such District Office, or any of the
inspection or compliance functions of any District Office, with
any other District Office.
Sec. 750. None of the funds made available in this Act may be used
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR''
or ``Federal Energy Management Program'' designation.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2008''.

Passed the House of Representatives August 2, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.

By Deborah M. Spriggs,

Deputy Clerk.
Calendar No. 331

110th CONGRESS

1st Session

H. R. 3161

_______________________________________________________________________

AN ACT

Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2008, and for other purposes.

_______________________________________________________________________

August 3, 2007

Received; read twice and placed on the calendar