S.1859 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008110th Congress (2007-2008)
Bill
Hide Overview| Sponsor: | Sen. Kohl, Herb [D-WI] (Introduced 07/24/2007) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 110-134 |
| Latest Action: | Senate - 07/24/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 282. (All Actions) |
| Notes: | For further action, see H.R. 2764, Consolidated Appropriations Act, 2008. |
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Placed on Calendar Senate (07/24/2007)
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1859 Placed on Calendar Senate (PCS)]
Calendar No. 282
110th CONGRESS
1st Session
S. 1859
[Report No. 110-134]
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2008, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2007
Mr. Kohl, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
Rule___________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2008, and for other purposes.
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, $5,309,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$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, $9,035,000.
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 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 expenses of the Office of the Assistant Secretary for
Civil Rights, $861,000.
Office of Civil Rights
(including transfers of funds)
For necessary expenses of the Office of Civil Rights, $20,706,000.
Office of the Assistant Secretary for Administration
For necessary 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, $199,016,000, to remain available until expended, of
which $156,590,000 shall be available 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.), $5,200,000, 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 expenses of the Office of the Assistant Secretary for
Congressional Relations, $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 of the Office of Communications, $9,720,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$81,627,000, 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,
$40,764,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $626,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$76,532,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $167,699,000, of which up to $54,325,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service; 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,
$1,154,174,000: 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
hereafter 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, $40,100,000,
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,
$700,849,000, as follows: to carry out 7 U.S.C. 361a-i, $214,924,000;
for grants under 16 U.S.C. 582a through a-7, $30,008,000; for payments
to eligible institutions (7 U.S.C. 3222), $40,680,000, of which
$1,507,496 shall be made available only for the purpose of ensuring
that each institution shall receive no less than $1,000,000; for grants
under 7 U.S.C. 450i(c), $67,734,000; for special grants for
agricultural research on improved pest control under 7 U.S.C. 450i(c),
$14,869,000; for grants under 7 U.S.C. 450i(b), $244,000,000; for
programs under 7 U.S.C. 3195, $5,006,000; to carry out 7 U.S.C. 3319d,
$825,000; for grants under 7 U.S.C. 178 et seq., $1,091,000, to remain
available until expended; for the grants program pursuant to section
536 of Public Law 103-382 (7 U.S.C. 301 note), $1,544,000, to remain
available until expended; for grants under 7 U.S.C. 3333, $990,000; for
grants under 7 U.S.C. 3155, $2,780,000; for higher education graduate
fellowship grants under 7 U.S.C. 3152(b)(6), $3,701,000, to remain
available until expended; for a program pursuant to section 1415A of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3151a), $750,000, to remain available until expended;
for higher education challenge grants under 7 U.S.C. 3152(b)(1),
$5,423,000; for a higher education multicultural scholars program under
7 U.S.C. 3152(b)(5), $988,000, to remain available until expended; for
a grants program under 7 U.S.C. 3241, $5,940,000; for grants for the
purpose of carrying out all provisions of 7 U.S.C. 3242, with funds
awarded equally to the participating States, $3,218,000; for a program
under 7 U.S.C. 3152(j), $990,000; for grants under 7 U.S.C. 3322,
$3,928,000; for research and education under 7 U.S.C. 5811,
$15,000,000; for a program of capacity building grants under 7 U.S.C.
3152(b)(4) to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222, $12,375,000, to remain available until expended; for
payments pursuant to section 534(a)(1) of Public Law 103-382,
$3,342,000; and for necessary expenses of Research and Education
Activities, $20,843,000, 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 hereafter 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 hereafter 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, $458,537,000, 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,
$285,762,000; payments under 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, $63,538,000; 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, $4,517,000;
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, $16,777,000, to remain available until expended;
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $7,651,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $440,000; for carrying out 16 U.S.C. 1671 et
seq., $4,019,000; payments for 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,
$5,000,000; payments as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,946,000; payments for cooperative extension
work by eligible institutions (7 U.S.C. 3221), $35,205,000, of which
$1,724,884 shall be made available only for the purpose of ensuring
that each institution shall receive no less than $1,000,000; and for
necessary expenses of Extension Activities, $15,916,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $12,948,000, as
follows: for a competitive international science and education grants
program authorized under section 1459A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b),
to remain available until expended, $990,000; 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; and $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),
$5,940,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $759,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including not to exceed $40,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C.
4085), $911,742,000; of which $4,149,000 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 $43,807,000 shall be used for the cotton
pests program for cost share purposes or for debt retirement for active
eradication zones; of which $19,827,000 shall be available for a
National Animal Identification program; of which $47,514,000 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 the APHIS
Wildlife Services program may use such sums as are necessary to pay a
fixed rate reimbursement, on a reimbursement schedule set by program
directors for their area of responsibility, to employees for the use of
personally owned animals and equipment, including but not limited to
horses, dogs, ATVs, snowmobiles, computer connectivity, and cellular
telephones: 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 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 of the Agricultural Marketing Service,
$80,145,000: Provided, That of the amount provided under this heading,
$7,000,000, to remain available until expended, is for specialty crop
block grants authorized under section 101 of the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621 note),
of which not to exceed five percent may be available for administrative
expenses: 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.
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 $10,000,000 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)),
$3,834,000, of which not less than $2,500,000 shall be used to make a
grant under this heading.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $39,115,000: 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 expenses of the Office of the Under Secretary for
Food Safety, $632,000.
Food Safety and Inspection Service
For necessary expenses of the Food Safety and Inspection Service,
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), $930,620,000; and in addition, $1,000,000 may be credited
to this account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no
fewer than 83 full time equivalent positions above the fiscal year 2002
level shall be employed during fiscal year 2008 for purposes dedicated
solely to inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That of the amount available under
this heading, $3,000,000 shall be obligated to maintain the Humane
Animal Tracking System as part of the Public Health Data Communication
Infrastructure System: Provided further, That this appropriation shall
be available pursuant to law (7 U.S.C. 2250) for the alteration and
repair of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $666,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,160,662,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,750,000.
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
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, $1,471,257,000, of which $1,247,400,000 shall be for
unsubsidized guaranteed loans and $223,857,000 shall be for direct
loans; operating loans, $1,875,686,000, of which $1,024,650,000 shall
be for unsubsidized guaranteed loans, $271,886,000 shall be for
subsidized guaranteed loans and $579,150,000 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, $14,952,000, of which
$4,990,000 shall be for guaranteed loans, and $9,962,000 shall be for
direct loans; operating loans, $134,561,000, of which $24,797,000 shall
be for unsubsidized guaranteed loans, $36,270,000 shall be for
subsidized guaranteed loans, and $73,494,000 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: Provided further,
That none of the funds appropriated or otherwise made available by this
Act shall be used to pay the salaries and expenses of personnel to
collect from the lender an annual fee on unsubsidized guaranteed
operating loans, a guarantee fee of more than one percent of the
principal obligation of guaranteed unsubsidized operating or ownership
loans, or a guarantee fee on subsidized guaranteed operating loans
administered by the Farm Service Agency.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $78,833,000:
Provided, That 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 projects, and for the Common Information
Management System: Provided further, 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).
farm storage facility loans program account
For administrative expenses necessary to carry out the Farm Storage
and Sugar Storage Facility Loan Programs, $4,660,000, to be transferred
to and merged with the appropriation for Farm Service Agency, Salaries
and Expenses.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $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,
$862,996,000, to remain available until September 30, 2009, of which
not less than $10,950,000 is for snow survey and water forecasting, and
not less than $12,365,000 is for operation and establishment of the
plant materials centers, and of which not less than $27,799,000 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 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, $33,450,000, to remain available until
expended: Provided, That not to exceed $1,000,000 of this appropriation
is available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$20,000,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
and Food Act of 1981 (16 U.S.C. 3451-3461), $53,150,000, to remain
available until expended.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests Reserve
Program authorized under title V of Public Law 108-148 (16 U.S.C. 6571-
6578), $2,476,000, to remain available until expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $666,000.
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;
$175,302,000: 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: $4,690,502,000 for loans to section 502 borrowers, of which
$1,129,391,000 shall be for direct loans, and of which $3,561,111,000
shall be for unsubsidized guaranteed loans; $34,652,000 for section 504
housing repair loans; $70,000,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing loans;
$5,045,000 for section 524 site loans; $11,485,000 for credit sales of
acquired property, of which up to $1,485,000 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, $148,319,000, of which
$105,824,000 shall be for direct loans, and of which $42,495,000, 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,
$29,827,000; section 538 multi-family housing guaranteed loans,
$14,100,000; 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 funds under this paragraph initially allocated by the
Secretary for housing projects in the State of Alaska that are not
obligated by September 30, 2008, shall be carried over until September
30, 2009, and made available for such housing projects only in the
State of Alaska: Provided further, That any unobligated balances for a
demonstration program for the preservation and revitalization of the
section 515 multi-family rental housing properties as authorized by
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.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $22,000,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
multifamily housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, 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, $33,423,000, to
remain available until expended: Provided, That of the funds made
available under this heading, $15,500,000 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 to 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 multifamily rental housing properties
described in this paragraph: Provided further, That of the funds made
available under this heading, $2,923,000 shall be available for the
cost of 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,
$15,000,000 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.
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,
$496,950,000, 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 $6,000,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed
$50,000 per project for advances to nonprofit organizations or public
agencies to cover direct costs (other than purchase price) incurred in
purchasing projects pursuant to section 502(c)(5)(C) of the Act:
Provided further, That agreements entered into or renewed during the
current fiscal year shall be funded for a 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 up to $3,000,000 may
be used for the purpose of reimbursing funds used for rental assistance
agreements entered into or renewed pursuant to the authority under
section 521(a)(2) of the Act for emergency needs related to Hurricanes
Katrina and Rita: Provided further, That rental assistance provided
under agreements entered into prior to fiscal year 2008 for a farm
labor multifamily housing project financed under section 514 or 516 of
the Act 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 farm labor multifamily housing project financed under section
514 or 516 of the Act.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $38,000,000, 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
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,
$40,590,000, 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 multifamily housing projects as
authorized in Public Law 108-447 and Public Law 109-97 shall be
transferred to and merged with the Rural Housing Service, Multifamily
Housing Revitalization Program Account.
rural community facilities program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for rural
community facilities programs as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $67,422,000, to remain available until expended:
Provided, That $6,287,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based housing and
community development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such funds
shall be made available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program of
financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $16,000,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be available for community facilities grants
to tribal colleges, as authorized by section 306(a)(19) of such Act:
Provided further, That not to exceed $1,067,000 of the amount
appropriated under this heading 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 for the rural community programs
described in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That section 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community Advancement
Program account for programs authorized by section 306 and described in
section 381E(d)(1) of such Act be transferred and merged with this
account and any other prior balances from the Rural Development, Rural
Community Advancement Program account that the Secretary determines is
appropriate to transfer.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, for the
rural business development programs authorized by sections 306 and 310B
and described in section 310B(f) and 381E(d)(3) of the Consolidated
Farm and Rural Development Act, $86,200,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $495,000 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 and
$3,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 1921 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act: Provided further, That $3,996,000 of the amount
appropriated under this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including $248,000 for a
grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That not to exceed $8,300,000 of the
amount appropriated under this heading 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 for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided further, That
section 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading:
Provided further, That any prior balances in the Rural Development,
Rural Community Advancement Program account for programs authorized by
sections 306 and 310B and described in section 310B(f) and 381E(d)(3)
of such Act be transferred and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
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)), $33,870,000.
For the cost of direct loans, $14,527,000, 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, $887,000 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 economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section 313 of
the Rural Electrification Act of 1936, $34,000,000 shall not be
obligated and $34,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,403,000, of which $3,000,000 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 $17,475,000, to remain available until expended, shall be
for value-added agricultural product market development grants, as
authorized by section 6401 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 1621 note).
rural empowerment zones and enterprise community grants
For grants in connection with empowerment zones and enterprise
communities, $10,000,000, to remain available until expended, for
designated rural empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277): Provided, That the funds provided under this
paragraph shall be made available to empowerment zones and enterprise
communities in a manner and with the same priorities such funds were
made available during the 2007 fiscal year.
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), $28,489,000: 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 water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, and 310B and
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $550,469,000, to remain
available until expended: Provided, That $65,835,000 of the amount
appropriated under this heading shall be for water and waste disposal
systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated
Farm and Rural Development Act and Native Americans authorized by
306C(a)(1): Provided further, That the Secretary shall allocate the
funds described in the previous proviso in a manner consistent with the
allocation for such populations in fiscal year 2007 under these
authorities: Provided further, That not to exceed $18,810,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $5,600,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$841,500 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $13,612,500 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $12,000,000 of the amount appropriated under this heading
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 for
the rural utilities programs described in section 381E(d)(2) of such
Act: Provided further, That $22,000,000 of the amount appropriated
under this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high
cost energy grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to
and merged with the Rural Utilities Service, High Energy Costs Grants
Account: Provided further, That section 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community Advancement
Program account programs authorized by sections 306, 306A, 306C, 306D,
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of
such Act be transferred and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by 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, $6,500,000,000; guaranteed underwriting loans pursuant to
section 313A, $1,000,000,000; 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.
For baseload generation loans made pursuant to the authority of
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935),
the Secretary shall charge an upfront fee at least equal to the costs
of such loan guarantees as calculated in accordance with section 502 of
the Federal Credit Reform Act of 1990: Provided, That funds from the
borrower to pay for the fees described in this section shall come from
non-Federal sources: Provided further, That the source of the fees
received from a borrower shall not be a loan or other debt obligation
that is made or guaranteed by the Federal Government: Provided further,
That the Secretary shall establish a separate fee for each project:
Provided further, That to be eligible for a baseload generation
electric loan made or guaranteed by the Rural Utilities Service, the
borrower must provide a rating of the project, exclusive of the Federal
guarantee, by an organization identified by the Securities and Exchange
Commission as a nationally recognized statistical rating organization,
that determines that the project has at least a AA rating, or
equivalent rating, as determined by the Secretary.
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 the broadband telecommunication loans,
$495,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,750,000, to remain
available until expended: Provided, That $10,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and
are qualified for Community Service Grants by the Corporation for
Public Broadcasting under section 396(k) of the Communications Act of
1934, including associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $10,643,000, 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, $8,910,000, 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 expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $628,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell 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; $13,897,272,000, to remain available through September 30,
2009, of which $7,662,215,000 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: Provided further, That notwithstanding any other
provision of law, for fiscal year 2008, each State described in section
779 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006 (Public
Law 109-97; 119 Stat. 2162), may continue to receive funding, not to
exceed $500,000 per State, for the fresh fruit and vegetable pilot
program under section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)) from amounts made available to carry out
that program that remain unexpended as of the date of enactment of this
Act.
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), $5,720,000,000, to remain available
through September 30, 2009, of which such sums as are necessary to
restore the contingency reserve to $116,000,000 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 current balances remaining in the
contingency reserve on the date of enactment of this Act, amounts in
excess of $116,000,000 shall be made available to support base program
grants for food and nutrition services and administration: Provided
further, 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 of the funds made available
for the purposes specified in section 17(h)(10)(B)(ii), $15,000,000
shall be made available from WIC contingency funds on October 1, 2007
or the date of enactment of this Act, whichever is later, if a
determination is made by the Secretary that $80,000,000 in contingency
funds are projected to remain unobligated at the end of fiscal year
2008, and an additional $15,000,000 shall be made available from WIC
contingency funds if the same determination is made on July 1, 2008:
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.), $39,779,223,000, 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 funds
made available under this heading may be used to enter into contracts
and employ staff to conduct studies, evaluations, or to conduct
activities related to food stamp program integrity provided that such
activities are authorized by the Food Stamp Act.
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)(A)(ii) 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,
$199,070,000, 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), as authorized by section
4402 of Public Law 107-171, such funds shall remain available through
September 30, 2009: Provided further, That hereafter no funds available
for SFMNP shall be used to pay State or local sales taxes on food
purchased with SFMNP coupons or checks: Provided further, That
hereafter the value of assistance provided by the SFMNP shall not be
considered income or resources for any purposes under any Federal,
State or local laws related to taxation, welfare and public assistance
programs: Provided further, That of the funds made available under
section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2027(a)), 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 Food and Nutrition
Service, $147,426,000, of which $2,500,000 is for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through
the Congressional Hunger Center.
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 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), $167,391,000: 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: Provided further, That funds made available for the cost
of agreements under title I of the Agricultural Trade Development and
Assistance Act of 1954 and for title I ocean freight differential may
be used interchangeably between the two accounts with prior notice to
the Committees on Appropriations of both Houses of Congress.
public law 480 title 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.
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: 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.
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,
$5,334,000; 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 $349,000 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; $2,276,262,000: Provided, That of the amount
provided under this heading, $459,000,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, shall be
credited to this account and remain available until expended, and shall
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
assessed for fiscal year 2009 but collected in fiscal year 2008;
$48,431,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; and $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 prescription drug, medical device, and 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)
$522,453,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $680,608,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs, of which no less than $42,461,000 shall be available for the
Office of Generic Drugs; (3) $240,141,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $110,036,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $270,869,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $46,104,000 shall be for the
National Center for Toxicological Research; (7) not to exceed
$108,657,000 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) not to exceed
$160,544,000 shall be for payments to the General Services
Administration for rent; and (9) $136,850,000 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 notification of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$4,950,000, to remain available until expended.
INDEPENDENT AGENCY
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 292 passenger motor vehicles, of which 290 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,
emerging plant pests, cotton pests program, grasshopper program, low
pathogenic avian influenza program, highly pathogenic avian influenza
program, up to $19,827,000 in animal health monitoring and surveillance
for the animal identification system, up to $1,500,000 in the scrapie
program for indemnities, up to $8,141,000 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)), 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,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture, including the
modernization of those services and capital and plant equipment,
investment, and modernization at the National Finance Center: 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
notification 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 disburse
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 unless prior notification has been
transmitted to 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, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services 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. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance--
(1) from funds available for the Watershed and Flood
Prevention Operations program--
(A) for the Lost River Watershed Project in the
State of West Virginia, in an amount not to exceed
$5,000,000;
(B) for the Lower Hamakua Ditch Watershed Project
in the State of Hawaii, in an amount not to exceed
$250,000;
(C) for the Upcountry Maui Watershed Project in the
State of Hawaii, in an amount not to exceed $250,000;
(D) for the Pocasset River Floodplain Management
Project in the State of Rhode Island, in an amount not
to exceed $450,000; and
(E) for authorized watershed projects in the State
of Missouri, in an amount not to exceed $2,500,000;
(2) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1;
(3) through the Watershed Flood Prevention Operations
program to carry out the Little Otter Creek Watershed project.
The sponsoring local organization may obtain land rights by
perpetual easements; and
(4) through the Watershed and Flood Prevention Operations
program to the McDowell Grove Dam Flood Plain/Wetlands
Restoration Project in DuPage County, Illinois.
Sec. 715. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 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 30 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 to 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 $1,000,000,000.
Sec. 718. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)(1)): Provided, That the
$65,000,000 otherwise made available under this program for fiscal year
2008 are hereby rescinded.
Sec. 719. 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. 720. Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 721. There is hereby appropriated $437,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to
contaminate rural drinking water supplies.
Sec. 722. 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. 723. 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 are
not available for new obligations.
Sec. 724. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan
under such Act, shall be eligible for assistance under Section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 725. Hereafter, notwithstanding any other provision of law,
the Secretary of Agriculture is authorized to make funding and other
assistance available through the emergency watershed protection program
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) to repair and prevent damage to non-Federal land in watersheds
that have been impaired by fires initiated by the Federal Government
and shall waive cost sharing requirements for the funding and
assistance.
Sec. 726. 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. 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, $184,000,000 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 under this Act shall be
available to pay the administrative expenses of a State agency that,
after the date of enactment of this Act and prior to receiving
certification in accordance with the provisions set forth in section
17(h)(11)(E) of the Child Nutrition Act of 1966, authorizes any new
for-profit vendor(s) to transact food instruments under the Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)
if it is expected that more than 50 percent of the annual revenue of
the vendor from the sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments, except
that the Secretary may approve the authorization of such a vendor if
the approval is necessary to assure participant access to program
benefits.
Sec. 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. There is hereby appropriated $5,000,000, to remain
available until expended, for a grant to the National Center for
Natural Products Research for construction or renovation to carry out
the research objectives of the natural products research grant issued
by the Food and Drug Administration.
Sec. 732. There is hereby appropriated $200,000, to remain
available until expended, for the planning and design of construction
of an agriculture pest facility in the State of Hawaii.
Sec. 733. None of the funds made available by this or any other Act
shall be used to transfer funds or assess charges or fees in excess of
5 percent from any program, project, or activity funded under the
Animal and Plant Health Inspection Service.
Sec. 734. Notwithstanding any other provision of law, and until
receipt of the decennial Census for the year 2010, the service areas
being acquired by Mid-Kansas Electric Cooperative shall be considered
eligible for financing under the provisions of the Rural
Electrification Act of 1936, as amended.
Sec. 735. Section 9012 of Public Law 110-28 is hereby repealed.
Sec. 736. 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 President's economic
assumptions for the 2008 fiscal year, as of June 1, 2007) provided by
the Continuing Appropriations Resolution, 2007.
Sec. 737. Section 704 of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 2258) is amended by striking the first proviso.
Sec. 738. Notwithstanding any other provision of law, and until
receipt of the decennial Census for the year 2010, the Secretary of
Agriculture shall consider--
(1) the City of Parsons, Kansas; the Town of Boone, North
Carolina; the City of Henderson, North Carolina; and the City
of Lenoir, North Carolina to be rural areas for the purposes of
eligibility for Rural Utilities Service water and waste loans
and grants.
(2) the City of Lansing, Kansas a rural area for purposes
of eligibility for Rural Housing Service programs, and the City
of Leavenworth, Kansas and the City of Lansing, Kansas as
separate geographic entities for purposes of Rural Development
grants and loans.
Sec. 739. There is hereby appropriated $1,000,000 to the Farm
Service Agency to carry out a pilot program to demonstrate the use of
new technologies that increase the rate of growth of re-forested
hardwood trees on private non-industrial forests lands, enrolling lands
on the coast of the Gulf of Mexico that were damaged by Hurricane
Katrina in 2005.
Sec. 740. (a) Section 9002(a) of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public law 110-28; 121 Stat. 211) is amended
by striking ``February 28, 2007'' each place it occurs and inserting
``December 31, 2007''.
(b) There is hereby appropriated $10,000,000 to carry out the
Emergency Conservation Program.
Sec. 741. Travel Relating to Commercial Sales of Agricultural and
Medical Goods. Section 910(a) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as
follows:
``(a) Authorization of Travel Relating to Commercial Sales of
Agricultural and Medical Goods.--The Secretary of the Treasury shall
promulgate regulations under which the travel-related transactions
listed in paragraph (c) of section 515.560 of title 31, Code of Federal
Regulations, are authorized by general license for travel to, from, or
within Cuba for the marketing and sale of agricultural and medical
goods pursuant to the provisions of this title.''.
Sec. 742. The Secretary of Agriculture shall--
(1) not later than January 18, 2008, promulgates such
proposed regulations as are necessary to implement subtitle D
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et
seq.);
(2) not later than July 19, 2008, promulgate such final
regulations as are necessary to implement that subtitle;
(3) not later than July 27, 2008, submit the reports for
the final rules to implement that subtitle that are required
under section 801 of title 5, United States Code; and
(4) not later than 7 days after each of the dates specified
in paragraphs (1), (2), and (3), submit to the Committee on
Appropriations, and the Committee on Agriculture, of the House
of Representatives and the Committee on Appropriations, and the
Committee on Agriculture, Nutrition, and Forestry, of the
Senate a report that--
(A) describes whether the action required under
that paragraph was taken by the applicable date;
(B) if the action was not taken by the applicable
date, a description of the reason why the action was
not taken; and
(C) a plan for making that subtitle applicable in
accordance with section 285 of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638d).
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2008''.
Calendar No. 282
110th CONGRESS
1st Session
S. 1859
[Report No. 110-134]
_______________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2008, and for other purposes.
_______________________________________________________________________
July 24, 2007
Read twice and placed on the calendar