[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
November 6, 2003.
Resolved, That the bill from the House of Representatives (H.R.
2673) entitled ``An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes.'', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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, 2004, 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, $10,046,000: 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
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
$8,707,000.
national appeals division
For necessary expenses of the National Appeals Division,
$13,997,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $7,544,000.
homeland security staff
For necessary expenses of the Homeland Security Staff, $910,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $15,710,000.
common computing environment
For necessary expenses to acquire a Common Computing Environment
for the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service and Rural Development mission areas for
information technology, systems, and services, $118,789,000, to remain
available until expended, for the capital asset acquisition of shared
information technology systems, including services as authorized by 7
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
these funds shall be consistent with the Department of Agriculture
Service Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief Information
Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,496,000: Provided, That the Chief Financial Officer shall
actively market and expand cross-servicing activities of the National
Finance Center.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the Assistant
Secretary for Civil Rights, $794,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $15,445,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $673,000.
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, $187,022,000, to remain available until expended:
Provided, That the Secretary of Agriculture may transfer a share of
that agency's appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation to that
agency's appropriation to cover the costs of new or replacement space
for such agency, but such transfers shall not exceed 5 percent of the
funds made available for space rental and related costs to or from this
account.
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.), $15,611,000, 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, $23,031,000, 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: Provided further, That of such amount, sufficient funds shall
be available for the Secretary of Agriculture, not later than 60 days
after the last day of the fiscal year, to submit to Congress a report
on the amount of acquisitions made by the Department of Agriculture
during such fiscal year of articles, materials, or supplies that were
manufactured outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or supplies
purchased by the Department of Agriculture that were manufactured
outside the United States, an itemized list of all waivers under the
Buy American Act (41 U.S.C. 10a et seq.) that were granted with respect
to such articles, materials, or supplies, and a summary of total
procurement funds spent on goods manufactured in the United States
versus funds spent on goods manufactured outside of the United States.
The Secretary of Agriculture shall make the report publicly available
by posting the report on an Internet website.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,825,000: 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 other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $9,228,000: Provided, That not to exceed $2,000,000 may be
used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$75,781,000, 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,
$35,343,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$69,902,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture, as
authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws,
$128,922,000, of which up to $25,279,000 shall be available until
expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,045,533,000: 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 all rights and title of the United States in the 1.0664-
acre parcel of land including improvements, as recorded at Book 1320,
Page 253, records of Larimer County, State of Colorado, shall be
conveyed to the Board of Governors of the Colorado State University for
the benefit of Colorado State University.
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, $46,000,000,
to remain available until expended.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$617,575,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $178,977,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $21,742,000; for
payments to the 1890 land-grant colleges, including Tuskegee University
and West Virginia State College (7 U.S.C. 3222), $35,411,000, of which
$1,507,496 shall be made available only for the purpose of ensuring
that each institution shall receive no less than $1,000,000; for
special grants for agricultural research (7 U.S.C. 450i(c)),
$101,637,000; for special grants for agricultural research on improved
pest control (7 U.S.C. 450i(c)), $14,976,000; for competitive research
grants (7 U.S.C. 450i(b)), $180,000,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,065,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$840,000; for grants for research pursuant to the Critical Agricultural
Materials Act (7 U.S.C. 178 et seq.), $1,242,000, to remain available
until expended; for research grants for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note), $1,093,000, to
remain available until expended; for higher education graduate
fellowship grants (7 U.S.C. 3152(b)(6)), $3,222,000, to remain
available until expended (7 U.S.C. 2209b); for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000; for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$992,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $4,073,000; for noncompetitive grants for the purpose of
carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law
106-78) to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally to
each of the States of Alaska and Hawaii, $3,500,000; for a secondary
agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(j)), $994,000; for aquaculture grants (7 U.S.C. 3322),
$4,471,000; for sustainable agriculture research and education (7
U.S.C. 5811), $13,661,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University and West Virginia State College, $11,404,000, to remain
available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382,
$1,689,000; and for necessary expenses of Research and Education
Activities, $26,698,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products: Provided, That this paragraph shall not
apply to research on the medical, biotechnological, food, and
industrial uses of tobacco.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $9,000,000.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American
Samoa, $450,084,000, 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
and for costs of penalty mail for cooperative extension agents and
State extension directors, $279,390,000; payments for extension work at
the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,185,000; payments
for the pest management program under section 3(d) of the Act,
$10,689,000; payments for the farm safety program under section 3(d) of
the Act, $5,489,000; payments to upgrade research, extension, and
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State College, as authorized by section
1447 of Public Law 95-113 (7 U.S.C. 3222b), $14,903,000, to remain
available until expended; payments for youth-at-risk programs under
section 3(d) of the Smith-Lever Act, $8,426,000; for youth farm safety
education and certification extension grants, to be awarded
competitively under section 3(d) of the Act, $496,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,516,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,983,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,843,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-419 (7
U.S.C. 2662(i)), $2,605,000; payments for cooperative extension work by
the colleges receiving the benefits of the second Morrill Act (7 U.S.C.
321-326 and 328) and Tuskegee University and West Virginia State
College, $31,908,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall receive no less
than $1,000,000; for grants to youth organizations pursuant to section
7630 of title 7, United States Code, $2,981,000; and for necessary
expenses of extension activities, $20,397,000.
integrated activities
For the integrated research, education, and extension competitive
grants programs, including necessary administrative expenses, as
authorized under section 406 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7626), $46,711,000, as
follows: payments for the water quality program, $12,887,000; payments
for the food safety program, $14,870,000; payments for the regional
pest management centers program, $4,502,000; payments for the Food
Quality Protection Act risk mitigation program for major food crop
systems, $4,857,000; payments for the crops affected by Food Quality
Protection Act implementation, $1,487,000; payments for the methyl
bromide transition program, $3,500,000; payments for the organic
transition program, $2,111,000; payments for the international science
and education grants program under 7 U.S.C. 3291, to remain available
until expended, $497,000; payments for the critical issues program
under 7 U.S.C. 450i(c): Provided, That of the funds made available
under this heading, $497,000 shall be for payments for the critical
issues program under 7 U.S.C. 450i(c) and $1,503,000 shall be for
payments for the regional rural development centers program under 7
U.S.C. 450i(c).
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),
$3,470,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $736,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry
out inspection, quarantine, and regulatory activities; and to protect
the environment, as authorized by law, $705,552,000, of which
$4,112,000 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
$51,720,000 shall be used for the boll weevil eradication program for
cost share purposes or for debt retirement for active eradication
zones; and of which not less than $1,500,000 (in addition to any other
funds made available for eradication or containment) shall be used by
the Emerald Ash Borer Task Force for the removal of trees that have
been adversely affected by the emerald ash borer, with a priority for
the removal of trees on public property or that threaten public safety;
and of which up to $275,000 may be used to control or alleviate the
cormorant problem in the State of Michigan: Provided, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed four, of which two shall
be for replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of
the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2004, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States, $75,263,000, including funds
for the wholesale market development program for the design and
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building: Provided further, That, in
the case of the term of protection for the variety for which
certificate number 8200179 was issued, on the date of enactment of this
Act, the Secretary of Agriculture shall issue a new certificate for a
term of protection of 10 years for the variety, except that the
Secretary may terminate the certificate (at the end of any calendar
year that is more than 5 years after the date of issuance of the
certificate) if the Secretary determines that a new variety of seed
(that is substantially based on the genetics of the variety for which
the certificate was issued) is commercially viable and available in
sufficient quantities to meet market demands.
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 $62,577,000 (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, 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 $15,392,000 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)),
$3,338,000, of which not less than $2,000,000 shall be used to make
noncompetitive grants under this heading.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, $35,638,000: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $611,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $783,761,000, of which no
less than $701,103,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full
time equivalent positions above the fiscal year 2002 level shall be
employed during fiscal year 2004 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $635,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$988,768,000: 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), $3,974,000.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in 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, $1,079,158,000, of which $950,000,000 shall be for
guaranteed loans and $129,158,000 shall be for direct loans; operating
loans, $2,067,317,000, of which $1,200,000,000 shall be for
unsubsidized guaranteed loans, $266,249,000 shall be for subsidized
guaranteed loans and $601,068,000 shall be for direct loans; Indian
tribe land acquisition loans, $2,000,000; 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, $33,648,000, of which
$5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for
direct loans; operating loans, $160,634,000, of which $39,960,000 shall
be for unsubsidized guaranteed loans, $34,000,000 shall be for
subsidized guaranteed loans, and $86,674,000 shall be for direct loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $290,968,000, of which
$283,020,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided,
That the Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $71,422,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11).
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $761,000.
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,
$826,635,000, to remain available until expended, of which not less
than $9,500,000 is for snow survey and water forecasting, and not less
than $11,269,000 is for operation and establishment of the plant
materials centers, and of which not less than $23,500,000 shall be for
the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That qualified local engineers may
be temporarily employed at per diem rates to perform the technical
planning work of the Service: Provided further, That none of the funds
made available under this paragraph by this or any other appropriations
Act may be used to provide technical assistance with respect to
programs listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)).
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $10,000,000:
Provided, That qualified local engineers may be temporarily employed at
per diem rates to perform the technical planning work of the Service:
Provided further, That none of the funds made available under this
paragraph by this or any other appropriations Act may be used to
provide technical assistance with respect to programs listed in section
1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)).
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, $55,000,000, to remain available until
expended (of which up to $5,000,000 may be available for the watersheds
authorized under the Flood Control Act (33 U.S.C. 701 and 16 U.S.C.
1006a)): Provided, That not to exceed $20,000,000 of this appropriation
shall be available for technical assistance: Provided further, That not
to exceed $1,000,000 of this appropriation is available to carry out
the 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: Provided further, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service: Provided
further, That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide technical
assistance with respect to programs listed in section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)).
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,
$29,805,000, to remain available until expended: Provided, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service: Provided
further, That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide technical
assistance with respect to programs listed in section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)).
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
and Food Act of 1981 (16 U.S.C. 3451-3461), $51,000,000, to remain
available until expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $651,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $767,479,000, to remain available until expended, of which
$79,838,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $610,641,000 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act; and of which $79,000,000 shall be for the rural
business and cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act: Provided, That of the amount
appropriated for rural business and cooperative development programs,
$100,000 shall be for a pilot program in the State of Alaska to assist
communities with community planning: Provided further, That of the
total amount appropriated in this account, $24,000,000 shall be for
loans and grants to benefit Federally Recognized Native American
Tribes, including grants for drinking water and waste disposal systems
pursuant to section 306C of such Act, of which $4,000,000 shall be
available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of the Consolidated Farm and Rural
Development Act, and of which $250,000 shall be available for a grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development:
Provided further, That of the amount appropriated for rural community
programs, $6,000,000 shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native 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 of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development;
$2,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 1921 et seq.); and not less than $5,000,000 shall be available
for grants in accordance with section 310B(f) of the Consolidated Farm
and Rural Development Act: Provided further, That of the amount
appropriated for rural utilities programs, not to exceed $25,000,000
shall be for water and waste disposal systems to benefit the Colonias
along the United States/Mexico border, including grants pursuant to
section 306C of such Act; not to exceed $30,000,000 shall be for water
and waste disposal systems for rural and native villages in Alaska
pursuant to section 306D of such Act, with up to 1 percent available to
administer the program and up to 1 percent available to improve
interagency coordination may be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses'', of
which 25 percent shall be provided for water and sewer projects in
regional hubs and $100,000 shall be provided to develop a regional
system for centralized billing, operation, and management of rural
water and sewer utilities through regional cooperatives, and the State
of Alaska shall provide a 25 percent cost share; not to exceed
$18,000,000 shall be for technical assistance grants for rural water
and waste systems pursuant to section 306(a)(14) of such Act, of which
$5,513,000 shall be for Rural Community Assistance Programs; and not to
exceed $13,000,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the
amount appropriated for the circuit rider program, Alaska shall receive
no less than five percent and not less than $750,000 shall be for
contracting with qualified national organizations to establish a Native
American circuit rider program to provide technical assistance for
rural water systems: Provided further, That not less than $2,000,000
shall be available to carry out Section 6012 of Public Law 107-171:
Provided further, That of the total amount appropriated, not to exceed
$22,132,000 shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $1,000,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which $12,582,000 shall
be for the rural utilities programs described in section 381E(d)(2) of
such Act, and of which $8,550,000 shall be for the rural business and
cooperative development programs described in section 381E(d)(3) of
such Act: Provided further, That of the amount appropriated for rural
community programs, not to exceed $23,000,000 shall be to provide
grants for facilities in rural communities with extreme unemployment
and severe economic depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That of the amount appropriated, $30,000,000
shall be transferred to and merged with the ``Rural Utilities Service,
High Energy Cost Grants Account'' to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That of the amount made available for high energy
cost grants, up to $3,000,000 shall be available to a not-for-profit
consumer-owned cooperative utility provider serving an island community
in a non-contiguous State for the purpose of defraying transaction,
transition, organizational, and other fair and reasonable costs, as
determined by the Secretary, incurred during the period July 1, 1999
through December 31, 2002, and directly related to the successful
acquisition by such provider of the investor-owned electric utility
facilities (including generation, transmission, distribution, and other
related assets) formerly serving ratepayers on the island: Provided
further, That any prior year balances for high cost energy grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 901(19)) shall be transferred to and merged with the ``Rural
Utilities Service, High Energy Costs Grants'' account.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$140,922,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this section may be used for advertising
and promotional campaigns, including souvenirs, that support activities
conducted by agencies of 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: $4,084,589,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $1,359,417,000 shall be for
direct loans, and of which $2,725,172,000 shall be for unsubsidized
guaranteed loans; $35,004,000 for section 504 housing repair loans;
$115,052,000 for section 515 rental housing; $100,000,000 for section
538 guaranteed multi-family housing loans; $5,045,000 for section 524
site loans; $11,500,000 for credit sales of acquired property, of which
up to $1,500,000 may be for multi-family credit sales; and $1,623,000
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, $165,921,000, of which
$126,018,000 shall be for direct loans, and of which $39,903,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $9,612,000; section 515 rental
housing, $49,484,000; section 538 multi-family housing guaranteed
loans, $5,950,000; multi-family credit sales of acquired property,
$663,000; and section 523 self-help housing land development loans,
$50,000: Provided, That of the total amount appropriated in this
paragraph, $7,100,000 shall be available through June 30, 2004, 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 necessary to carry out the
direct and guaranteed loan programs, $439,453,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$721,281,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, not
more than $5,900,000 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 $20,000 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 5-year period, although the life of any such agreement may be
extended to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2004, 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,
$46,222,000, to remain available until expended, of which $5,000,000
shall be available for a processing and/or fishery workers housing
demonstration project in Alaska, Mississippi, Utah, and Wisconsin:
Provided, That of the total amount appropriated, $1,800,000 shall be
available through June 30, 2004, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $33,015,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
historic barn preservation program
For the historic barn preservation program established under
section 379A of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008o), $2,000,000.
Rural Business--Cooperative Service
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000.
For the cost of direct loans, $17,308,000, 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, 2004, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2004, for Delta Regional Authority (7 U.S.C. 1921 et
seq.): 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,
$2,447,000 shall be available through June 30, 2004, 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, $4,283,000 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,
$15,002,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$2,792,000.
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, $3,000,000 shall not be
obligated and $3,000,000 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), $8,967,000, of which $2,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $1,500,000 of the total amount
appropriated shall be made available to 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.
rural empowerment zones and enterprise communities grants
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $14,370,000, 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 of the
funds appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax Relief
Act (Public Law 106-554).
renewable energy program
For the cost of a program of direct loans 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), $23,000,000
for direct renewable energy loans and grants: Provided, That the cost
of direct loans and loan guarantees, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfer of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $240,000,000; municipal rate rural
electric loans, $1,000,000,000; loans made pursuant to section 306 of
that Act, rural electric, $2,000,000,000; Treasury rate direct electric
loans, $750,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; loans made pursuant to section 306 of that Act, rural
telecommunications loans, $120,000,000; and for guaranteed underwriting
loans pursuant to section 313A, $1,000,000,000.
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, $60,000, and the cost of telecommunication loans,
$125,000: Provided, That notwithstanding section 305(d)(2) of the Rural
Electrification Act of 1936, borrower interest rates may exceed 7
percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $37,920,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such 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
its authorized programs. During fiscal year 2004 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $173,503,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,182,000, 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 direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount of
broadband telecommunications loans, $647,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $40,000,000, to remain
available until expended: Provided, That $15,000,000 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, repeaters, and studio-to-
transmitter links.
For the cost of direct and guaranteed broadband loans, as
authorized by 7 U.S.C. 901, et seq., $15,116,000: Provided, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, $10,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicne Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$611,000.
Food and Nutrition Service
child nutrition programs
(including transfer of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$11,418,441,000, to remain available through September 30, 2005, of
which $6,718,780,000 is hereby appropriated and $4,699,661,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $5,235,000 shall be available for
independent verification of school food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available
through September 30, 2005, of which $10,000,000 shall be for a
breastfeeding support initiative in addition to the activities
specified in section 17(h)(3)(A) and $30,000,000 shall be for a
management information system initiative: Provided, That of the total
amount available, the Secretary shall obligate $25,000,000 for the
farmers' market nutrition program: Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 shall be
available for the purposes specified in section 17(h)(10)(B): Provided
further, That notwithstanding section 17(g)(5) of such Act, $5,000,000
shall be available for pilot projects to prevent childhood obesity:
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.), $29,945,981,000, of which $2,000,000,000 shall be placed
in reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, That of the funds made available under
this heading and not already appropriated to the Food Distribution
Program on Indian Reservations (FDPIR) established under section 4(b)
of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed
$4,000,000 shall be used to purchase bison meat for the FDPIR from
Native American bison producers as well as from producer-owned
cooperatives of bison ranchers: Provided further, That funds provided
herein shall be expended in accordance with section 16 of the Food
Stamp Act: Provided further, That this appropriation shall be subject
to any 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.
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; and special
assistance (in a form determined by the Secretary of Agriculture) for
the nuclear affected islands, as authorized by section 103(h)(2) of the
Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a
successor law), $145,740,000, to remain available through September 30,
2005: Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities donated to
the program.
nutrition programs administration
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $138,304,000, of which
$5,000,000 shall be available only for simplifying procedures, reducing
overhead costs, tightening regulations, improving food stamp benefit
delivery, and assisting in the prevention, identification, and
prosecution of fraud and other violations of law; and of which not less
than $4,000,000 shall be available to improve integrity in the Food
Stamp and Child Nutrition programs.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1769), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $131,648,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
public law 480 title i program account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985,
including the cost of modifying credit arrangements under said Acts,
$103,887,000, to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $2,134,000, of which $1,075,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $1,059,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
public law 480 title i ocean freight differential grants
(including transfer of funds)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $28,000,000, to remain available until expended: Provided,
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 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, $1,192,000,000, to remain available until
expended.
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), $25,000,000, 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.
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,
$4,152,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $3,306,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $846,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
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; and 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; $1,663,228,000, of which not to
exceed $249,825,000 to be derived from prescription drug user fees
authorized by 21 U.S.C. 379h, including any such fees assessed prior to
the current fiscal year but credited during the current year, in
accordance with section 736(g)(4), shall be credited to this
appropriation and remain available until expended; and of which not to
exceed $29,190,000 to be derived from medical device user fees
authorized by 21 U.S.C. 379j shall be credited to this appropriation,
to remain available until expended: Provided, That fees derived from
applications received during fiscal year 2004 shall be subject to the
fiscal year 2004 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) $412,020,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $475,655,000 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 $13,270,000 shall be
available for grants and contracts awarded under section 5 of the
Orphan Drug Act (21 U.S.C. 360ee) and of which no less than $52,845,000
shall be available for the generic drugs program; (3) $168,836,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$84,646,000 shall be for the Center for Veterinary Medicine and for
related field activities in the Office of Regulatory Affairs; (5)
$207,686,000 shall be for the Center for Devices and Radiological
Health and for related field activities in the Office of Regulatory
Affairs; (6) $39,887,000 shall be for the National Center for
Toxicological Research; (7) $40,851,000 shall be for Rent and Related
activities, other than the amounts paid to the General Services
Administration for rent; (8) $119,152,000 shall be for payments to the
General Services Administration for rent; and (9) $114,495,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Management and Systems; the Office of External Relations; the
Office of Policy, Legislation, and Planning; and central services for
these offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$7,948,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $88,435,000,
including not to exceed $3,000 for official reception and
representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $40,900,000 (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
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 398 passenger motor vehicles, of which 396 shall
be for replacement only, and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available for
employment pursuant to the second sentence of section 706(a) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
U.S.C. 3109.
Sec. 704. 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: Provided, That none
of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, information technology infrastructure, fruit
fly program, emerging plant pests, boll weevil program, and up to 25
percent of the screwworm program; Food Safety and Inspection Service,
field automation and information management project; Cooperative State
Research, Education, and Extension Service, funds for competitive
research grants (7 U.S.C. 450i(b)), funds for the Research, Education
and Economics Information System (REEIS), 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. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 710. 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 19 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. 711. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 712. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to cover obligations
made in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Telephone Bank program
account, the Rural Electrification and Telecommunications Loans program
account, the Rural Housing Insurance Fund program account, and the
Rural Economic Development Loans program account.
Sec. 713. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.
Sec. 714. 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. 715. 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. 716. 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. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 718. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress.
Sec. 719. (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, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of
Congress before implementing a program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred in prior
fiscal years, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
Sec. 721. None of the funds made available to the Food and Drug
Administration by this Act shall be used to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not
apply to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory
facilities associated with the State of Michigan.
Sec. 722. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2005
appropriations Act.
Sec. 723. None of the funds made available by this Act or any other
Act may be used to close or relocate a State Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.
Sec. 724. Of any shipments of commodities made pursuant to section
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
Secretary of Agriculture shall, to the extent practicable, direct that
tonnage equal in value to not more than $25,000,000 shall be made
available to foreign countries to assist in mitigating the effects of
the Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the
communities; and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.
Sec. 725. In addition to amounts otherwise appropriated or made
available by this Act, $2,981,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center.
Sec. 726. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances
available to carry out title III of such Act as of the date of
enactment of this Act, and any recoveries and reimbursements that
become available to carry out title III of such Act, may be used to
carry out title II of such Act.
Sec. 727. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$26,499,000'' and inserting ``$26,998,000''.
Sec. 728. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 729. 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. 730. 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 20 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),
including requests for proposals for grants for critical emerging
issues described in section 401(c)(1) of that Act for which the
Secretary has not issued requests for proposals for grants in fiscal
year 2002 or 2003.
Sec. 731. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance through the Watershed and Flood Prevention Operations
program to carry out the Upper Tygart Valley Watershed project, West
Virginia: Provided, That the Natural Resources Conservation Service is
authorized to provide 100 percent of the engineering assistance and 75
percent cost share for installation of the water supply component of
this project.
Sec. 732. Agencies and offices of the Department of Agriculture may
utilize any unobligated salaries and expenses funds to reimburse the
Office of the General Counsel for salaries and expenses of personnel,
and for other related expenses, incurred in representing such agencies
and offices in the resolution of complaints by employees or applicants
for employment, and in cases and other matters pending before the Equal
Employment Opportunity Commission, the Federal Labor Relations
Authority, or the Merit Systems Protection Board with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
Sec. 733. None of the funds appropriated or made available by this
Act or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 734. None of the funds appropriated or made available by this
Act, or any other Act, may be used to pay the salaries and expenses of
personnel to carry out subtitle I of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009dd through dd-7).
Sec. 735. None of the funds appropriated or made available by this
Act or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
2655).
Sec. 736. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide financial and technical
assistance through the Watershed and Flood Prevention Operations
program for the Kuhn Bayou and Ditch 26 Improvement projects in
Arkansas, the Matanuska River erosion control project in Alaska, the
DuPage County Sawmill Creek Watershed project in Illinois, and the Coal
Creek project in Utah, and four flood control structures in Marmaton,
Kansas.
Sec. 737. None of the funds made available in fiscal year 2004 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. 738. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide from appropriated funds
financial and technical assistance to the Dry Creek project, Utah.
Sec. 739. The Secretary of Agriculture is authorized to permit
employees of the United States Department of Agriculture to carry and
use firearms for personal protection while conducting field work in
remote locations in the performance of their official duties.
Sec. 740. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out the provisions of sections 7404(a)(1) and
7404(c)(1) of Public Law 107-171.
Sec. 741. Of the funds made available under section 27(a) of the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use
up to $10,000,000 for costs associated with the distribution of
commodities.
Sec. 742. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of 189,144 acres
in the calendar year 2004 wetlands reserve program as authorized by 16
U.S.C. 3837.
Sec. 743. (a) 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; and
(b) The Secretary shall publish a proposed rule to carry out
section 313A of the Rural Electrification Act of 1936 within 60 days of
enactment of this Act.
Sec. 744. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a ground and surface
water conservation program authorized by section 2301 of Public Law
107-171, the Farm Security and Rural Investment Act of 2002, in excess
of $51,000,000.
Sec. 745. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2502 of Public
Law 107-171, the Farm Security and Rural Investment Act of 2002, in
excess of $42,000,000.
Sec. 746. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2503 of Public
Law 107-171, the Farm Security and Rural Investment Act of 2002, in
excess of $112,044,000.
Sec. 747. There is hereby appropriated $3,000,000 to carry out
section 6028 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002: Provided, That notwithstanding section
383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb-1(g)(1)), the Federal share of the administrative expenses of
the Northern Great Plains Regional Authority for fiscal year 2004 shall
be 100 percent.
Sec. 748. None of the funds appropriated or made available by this
Act or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6029 of Public Law 107-171, the Farm
Security and Rural Investment Act of 2002: Provided, That this section
shall not apply to activities related to the promulgation of
regulations or the receipt and review of applications for the Rural
Business Investment Program.
Sec. 749. Access to Broadband Telecommunications Services in Rural
Areas. None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to expend the $20,000,000 made available by section
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)(A)) for fiscal year 2004.
Sec. 750. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 9006 of Public
Law 107-171, the Farm Security and Rural Investment Act of 2002.
Sec. 751. Agencies and offices of the Department of Agriculture may
utilize any available discretionary funds to cover the costs of
preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment or
program activities arising within such agencies and offices.
Sec. 752. Notwithstanding any other provision of law, for any
fiscal year, in the case of a high cost isolated rural area that is not
connected to a road system in Alaska, the maximum level for the single
family housing assistance shall be 150 percent of the average income
level in the metropolitan areas of the State and 115 percent of all
other eligible areas of the State.
Sec. 753. Any unobligated balances in the Alternative Agricultural
Research and Commercialization Revolving Fund are hereby rescinded.
Sec. 754. There is hereby appropriated $2,000,000, 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. 755. Notwithstanding any other provision of law, the Secretary
shall consider the City of Vicksburg, Mississippi; the City of
Aberdeen, South Dakota; and the City of Starkville, Mississippi as
meeting the requirements of a rural area contained in section 520 of
the Housing Act of 1949 (42 U.S.C. 1490) until receipt of the decennial
Census for the year 2010.
Sec. 756. Notwithstanding any other provision of law, the Secretary
shall consider the City of Berlin, New Hampshire; the City of Guymon,
Oklahoma; the City of Shawnee, Oklahoma; and the City of Altus,
Oklahoma, to be eligible for loans and grants provided through the
Rural Community Advancement Program until receipt of the decennial
Census in the year 2010.
Sec. 757. None of the funds made available in this Act or any other
Act may be used to study 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,
animal disease research, or grant review or management activities.
Sec. 758. Section 501(b)(5)(B) of the Housing Act of 1949 (42
U.S.C. 1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and
2003,''.
Sec. 759. Agricultural Management Assistance. Section 524(b)(4)(B)
of the Federal Crop Insurance Act (7 U.S.C. 1542(b)(4)(B)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(2) by adding at the end the following:
``(iii) Certain uses.--Of the amounts made
available to carry out this subsection for each
fiscal year, the Commodity Credit Corporation
shall use not less than--
``(I) $15,000,000 to carry out
subparagraphs (A), (B), and (C) of
paragraph (2) through the Natural
Resources Conservation Service; and
``(II) $2,000,000 to provide
organic certification cost share
assistance through the Agricultural
Marketing Service.''.
Sec. 760. 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 purpose of conferring, exhibiting, marketing,
planning, sales negotiation, delivery, expediting, facilitating, or
servicing commercial export sale of agricultural and medical goods
pursuant to the provisions of this title.''.
Sec. 761. Protection of Downed Animals. None of the funds
appropriated or otherwise made available by this Act to pay the
salaries or expenses of employees or agents of the Department of
Agriculture may be used to approve for human consumption under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) any cattle, sheep,
swine, goats, horses, mules, or other equines that are unable to stand
or walk unassisted at an establishment subject to inspection at the
point of examination and inspection, as required by section 3(a) of
that Act (21 U.S.C. 603(a)).
Sec. 762. Prohibition of Energy Market Manipulation. (a)
Prohibition.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.)
is amended by adding at the end the following:
``SEC. 215. PROHIBITION OF MARKET MANIPULATION.
``It shall be unlawful for any person, directly or indirectly, to
use or employ, in connection with the purchase or sale of electric
energy or the purchase or sale of transmission services subject to the
jurisdiction of the Commission, any manipulative or deceptive device or
contrivance in contravention of such regulations as the Commission may
promulgate as appropriate in the public interest or for the protection
of electric ratepayers.''.
(b) Rates Resulting From Market Manipulation.--Section 205(a) of
the Federal Power Act (16 U.S.C. 824d(a)) is amended by inserting after
``not just and reasonable'' the following: ``or that result from a
manipulative or deceptive device or contrivance''.
Sec. 763. Hereafter, no funds provided in this or any other Act
shall be available to the Secretary of Agriculture acting through the
Foreign Agricultural Service to promote the sale or export of tobacco
or tobacco products.
Sec. 764. In General.--Section 3(o)(4) of the Food Stamp Act of
1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before
the period at the end the following: ``, and except that on October 1,
2003, in the case of households residing in Alaska and Hawaii the
Secretary may not reduce the cost of such diet in effect on September
30, 2002''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective beginning on September 30, 2003.
Sec. 765. Modification of Boundaries of Aroostook County and
Griggs-Steele Empowerment Zones. (a) Aroostook County Empowerment
Zone.--Notwithstanding any other provision of law, the Aroostook County
empowerment zone shall include for the period such empowerment zone
remains designated, in addition to the area designated as of the date
of the enactment of this Act, the remaining area of the county not
included in such designation.
(b) Griggs-Steele Empowerment Zone.--Notwithstanding any other
provision of law, the Griggs-Steele empowerment zone shall include for
the period such empowerment zone remains designated, in addition to the
area designated as of the date of the enactment of this Act, the
remaining area of Griggs County not included in such designation.
Sec. 766. Cost-Sharing for Animal and Plant Health Emergency
Programs. 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. 767. Section 601(b)(2) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows:
``(2) Eligible rural community.--The term `eligible rural
community' means any area of the United States that is not
contained in an incorporated city or town with a population in
excess of 20,000 inhabitants.''.
Sec. 768. Notwithstanding any other provision of law, for all
activities under programs of the Rural Development Mission Area within
the County of Honolulu, Hawaii, the Secretary may designate any portion
of the county as a rural area or eligible rural community that the
Secretary determines is not urban in character.
Sec. 769. The first sentence of section 306(g)(1) of the National
Housing Act (12 U.S.C. 1721(g)(1)) is amended--
(1) by striking ``or title V of the Housing Act of 1949'';
and
(2) by inserting after ``1944'' the following: ``, title V
of the Housing Act of 1949,''.
Sec. 770. Notwithstanding the provisions of the Consolidated Farm
and Rural Development Act (including the associated regulations)
governing the Community Facilities Program, the Secretary shall allow
all Community Facility Program facility borrowers and grantees to enter
into contracts with not-for-profit third parties for services
consistent with the requirements of the Program, grant, and/or loan:
Provided, That the contracts protect the interests of the Government
regarding cost, liability, maintenance, and administrative fees.
Sec. 771. EQIP Payment Limit. None of the funds made available
under this Act or any other Act shall be used to pay the salaries and
expenses of personnel to carry out chapter 4 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) to make payments to an
individual, entity, or agricultural operation, directly or indirectly,
in excess of an aggregate of $300,000 for all contracts entered into by
the individual, entity, or agricultural operation during the period of
fiscal years 2002 through 2007.
Sec. 772. Notwithstanding any other provision of law, the Secretary
of Agriculture may use appropriations available to the Secretary for
activities authorized under sections 426-426c of title 7, United States
Code, under this or any other Act, to enter into cooperative
agreements, with a State, political subdivision, or agency thereof, a
public or private agency, organization, or any other person, to lease
aircraft if the Secretary determines that the objectives of the
agreement will: (1) serve a mutual interest of the parties to the
agreement in carrying out the programs administered by the Animal Plant
Health Inspection Service, Wildlife Service; and (2) all parties will
contribute resources to the accomplishment of these objectives; award
of a cooperative agreement authorized by the Secretary may be made for
an initial term not to exceed 5 years.
Sec. 773. Citrus Canker Assistance. Section 211 of the Agricultural
Assistance Act of 2003 (117 Stat. 545) is amended--
(1) in the section heading, by inserting ``tree replacement
and'' after ``for''; and
(2) in subsection (a), by inserting ``tree replacement
and'' after ``Florida for''.
Sec. 774. Rural Electrification. For fiscal year 2004, the
Secretary of Agriculture may use any unobligated carryover funds made
available for any program administered by the Rural Utilities Service
(not including funds made available under the heading ``Rural Community
Advancement Program'' in any Act of appropriation) to carry out section
315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e).
Sec. 775. The Commissioner of the Food and Drug Administration
shall provide no less than $250,000, from within funds appropriated or
otherwise made available in this Act for the Food and Drug
Administration, to process comments submitted in response to Docket No.
95N-0304 published in the Federal Register on March 5, 2003 (68FR
10417): Provided further, That the Commissioner should expedite and
complete review of available scientific evidence of ephedra's
pharmacology and mechanism of action.
Sec. 776. Workload Analysis of Farm Service Agency. None of the
funds made available by this Act may be used to pay more than \1/2\ of
the salary of the Under Secretary for Farm and Foreign Agricultural
Services after January 31, 2004, unless and until the Secretary of
Agriculture provides to the Committee on Agriculture of House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a workload analysis of employees of the Farm
Service Agency for each of fiscal years 2001, 2002, and 2003 (including
an analysis of the number of workload items and required man-years, by
State).
Sec. 777. Sun Grant Research Initiative. (a) Short Title.--This
section may be cited as the ``Sun Grant Research Initiative Act of
2003''.
(b) Research, Extension, and Educational Programs on Biobased
Energy Technologies and Products.--Title IX of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by
adding at the end the following:
``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED
ENERGY TECHNOLOGIES AND PRODUCTS.
``(a) Purposes.--The purposes of the programs established under
this section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased
energy technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United States
through biobased energy and product technologies;
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies; and
``(4) to enhance the efficiency of bioenergy and biomass
research and development programs through improved coordination
and collaboration between the Department of Agriculture, the
Department of Energy, and the land-grant colleges and
universities.
``(b) Definitions.--In this section:
``(1) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act) and West Virginia State College; and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Establishment.--To carry out the purposes described in
subsection (a), the Secretary shall establish programs under which--
``(1) the Secretary shall provide grants to sun grant
centers specified in subsection (d); and
``(2) the sun grant centers shall use the grants in
accordance with this section.
``(d) Grants to Centers.--The Secretary shall use amounts made
available for a fiscal year under subsection (j) to provide a grants in
equal amounts to each of the following sun grant centers:
``(1) North-central center.--A north-central sun grant
center at South Dakota State University for the region composed
of the States of Illinois, Indiana, Iowa, Minnesota, Montana,
Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming.
``(2) Southeastern center.--A southeastern sun grant center
at the University of Tennessee at Knoxville for the region
composed of--
``(A) the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia;
``(B) the Commonwealth of Puerto Rico; and
``(C) the United States Virgin Islands.
``(3) South-central center.--A south-central sun grant
center at Oklahoma State University for the region composed of
the States of Arkansas, Colorado, Kansas, Louisiana, Missouri,
New Mexico, Oklahoma, and Texas.
``(4) Western center.--A western sun grant center at Oregon
State University for the region composed of--
``(A) the States of Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, Utah, and Washington;
and
``(B) territories and possessions of the United
States (other than the territories referred to in
subparagraphs (B) and (C) of paragraph (2)).
``(5) Northeastern center.--A northeastern sun grant center
at Cornell University for the region composed of the States of
Connecticut, Delaware, Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
``(e) Use of Funds.--
``(1) Centers of excellence.--Of the amount of funds that
are made available for a fiscal year to a sun grant center
under subsection (d), the center shall use not more than 25
percent of the amount for administration to support excellence
in science, engineering, and economics at the center to promote
the purposes described in subsection (a) through the State
agricultural experiment station, cooperative extension
services, and relevant educational programs of the university.
``(2) Grants to land-grant colleges and universities.--
``(A) In general.--The sun grant center established
for a region shall use the funds that remain available
for a fiscal year after expenditures made under
paragraph (1) to provide competitive grants to land-
grant colleges and universities in the region of the
sun grant center to conduct, consistent with the
purposes described in subsection (a),
multiinstitutional and multistate--
``(i) research, extension, and educational
programs on technology development; and
``(ii) integrated research, extension, and
educational programs on technology
implementation.
``(B) Programs.--Of the amount of funds that are
used to provide grants for a fiscal year under
subparagraph (A), the center shall use--
``(i) not less than 30 percent of the funds
to carry out programs described in subparagraph
(A)(i); and
``(ii) not less than 30 percent of the
funds to carry out programs described in
subparagraph (A)(ii).
``(3) Indirect costs.--A sun grant center may not recover
the indirect costs of making grants under paragraph (2) to
other land-grant colleges and universities.
``(f) Plan.--
``(1) In general.--Subject to the availability of funds
under subsection (j), in cooperation with other land-grant
colleges and universities and private industry in accordance
with paragraph (2), the sun grant centers shall jointly develop
and submit to the Secretary, for approval, a plan for
addressing at the State and regional levels the bioenergy,
biomass, and gasification research priorities of the Department
of Agriculture and the Department of Energy for the making of
grants under paragraphs (1) and (2) of subsection (e).
``(2) Gasification coordination.--
``(A) In general.--In developing the plan under
paragraph (1) with respect to gasification research,
the sun grant centers identified in paragraphs (1) and
(2) of subsection (d) shall coordinate with land grant
colleges and universities in their respective regions
that have ongoing research activities with respect to
the research.
``(B) Funding.--Funds made available under
subsection (d) to the sun grant center identified in
subsection (e)(2) shall be available to carry out
planning coordination under paragraph (1) of this
subsection.
``(g) Grants to Other Land-Grant Colleges and Universities.--
``(1) Priority for grants.--In making grants under
subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan approved
by the Secretary under subsection (f).
``(2) Term of grants.--The term of a grant provided by a
sun grant center under subsection (e)(2) shall not exceed 5
years.
``(h) Grant Information Analysis Center.--The sun grant centers
shall maintain a Sun Grant Information Analysis Center at the sun grant
center specified in subsection (d)(1) to provide sun grant centers
analysis and data management support.
``(i) Annual Reports.--Not later than 90 days after the end of a
year for which a sun grant center receives a grant under subsection
(d), the sun grant center shall submit to the Secretary a report that
describes the policies, priorities, and operations of the program
carried out by the center during the year, including a description of
progress made in facilitating the priorities described in subsection
(f).
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $25,000,000 for fiscal year 2005;
``(B) $50,000,000 for fiscal year 2006; and
``(C) $75,000,000 for each of fiscal years 2007
through 2010.
``(2) Grant information analysis center.--Of amounts made
available under paragraph (1), not more than $4,000,000 for
each fiscal year shall be made available to carry out
subsection (h).''.
Sec. 778. Dietary Supplements. The Commissioner of Food and Drugs
shall provide not less than $11,400,000 from within funds appropriated
or otherwise made available by this Act for regulation by the Food and
Drug Administration of dietary supplements.
Sec. 779. Sense of Senate on Importation of Cattle With Bovine
Spongiform Encephalopathy. (a) Findings.--The Senate finds that--
(1) the United States beef industry is the single largest
segment of United States agriculture;
(2) the United States has never allowed the importation of
live cattle from a country that has been found to have bovine
spongiform encephalopathy (referred to in this section as
``BSE'');
(3) the importation of live cattle known to have BSE could
put the entire United States cattle industry at unnecessary
risk;
(4) food safety is a top priority for the people of the
United States; and
(5) the importation of beef and beef products from a
country known to have BSE could undermine consumer confidence
in the integrity of the food supply and present a possible
danger to human health.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary of Agriculture--
(1) should not allow the importation of live cattle from
any country known to have BSE unless the country complies with
the animal health guidelines established by the World
Organization for Animal Health; and
(2) should abide by international standards for the
continued health and safety of the United States livestock
industry.
Sec. 780. Reduction in Travel Amounts. (a) In General.--
Notwithstanding any other provision of this Act, each amount provided
by this Act for travel expenses is reduced by the pro rata percentage
required to reduce the total amount provided by this Act for such
expenses by $6,000,000.
(b) Report.--Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by account of
the reductions made pursuant to subsection (a).
Sec. 781. Limitation on Allocation of Purchase Prices for Butter
and Nonfat Dry Milk. None of the funds made available by this Act may
be used to pay the salaries or expenses of employees of the Department
of Agriculture to allocate the rate of price support between the
purchase prices for nonfat dry milk and butter in a manner does not
support the price of milk in accordance with section 1501(b) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
Sec. 782. Sense of Senate Regarding Country of Origin Labeling
Requirements. It is the sense of the Senate that the conferees on the
part of the Senate on this bill shall insist that no limits on the use
of funds to enforce country of origin labeling requirements for meat or
meat products be included in the conference report accompanying the
bill.
Sec. 783. Emergency Watershed Protection Program. Notwithstanding
any other provision of law, the Secretary of Agriculture is authorized
hereafter 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 to waive cost sharing
requirements for the funding and assistance.
Sec. 784. The Secretary may waive the requirements regarding small
and emerging rural business as authorized under the Rural Business
Enterprise Grant program for the purpose of a lease for the Oakridge
Oregon Industrial Park.
Sec. 785. Water and Waste Disposal Grant to the Alaska Department
of Community and Economic Development. Notwithstanding any other
provision of law--
(1) the Alaska Department of Community and Economic
Development may be eligible to receive a water and waste
disposal grant under section 306(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) in an amount that
is up to 75 percent of the total cost of providing water and
sewer service to the proposed hospital in the Matanuska-Susitna
Borough, Alaska; and
(2) the Alaska Department of Community and Economic
Development may be allowed to pass the grant funds through to
the local government entity that will provide water and sewer
service to the hospital.
Sec. 786. Conservation Reserve Program. Land shall be considered
eligible land under section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) for purposes of enrollment into the conservation
reserve program established under subchapter B of chapter 1 of subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) if the land--
(1) is planted to hardwood trees as of the date of
enactment of this Act; and
(2) was enrolled in the conservation reserve program under
a contract that expired before the date of enactment of this
Act.
Sec. 787. Prohibition of Use of Funds To Purchase Chicken Treated
With Fluoroquinolone. After December 31, 2003, none of the funds made
available by this Act may be used to purchase chickens or the products
of chickens for use in any program under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), unless the supplier provides
certification that the supplier does not feed or administer
fluoroquinolone to chickens produced by the supplier.
Sec. 788. Renewable Energy System Loan Guarantees. Title IX of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.)
is amended by adding the following new section:
``SEC. 9011. RENEWABLE ENERGY SYSTEM LOAN GUARANTEES.
``(a) Definition of Subsidy Costs.--In this section, the term
`subsidy costs' has the meaning given the term `cost' in section 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
``(b) Projects.--Section 9006(c)(1) shall not apply to a loan
guarantee made under this subsection to carry out a project if--
``(1) the loan will be used--
``(A) to purchase a renewable energy system that
has, as one of its principal purposes, the commercial
production of an agricultural commodity; and
``(B) to promote a solution to an environmental
problem in a rural area of the State in which the
project will be carried out;
``(2) the lender of the loan exercises due diligence with
respect to the borrower of the loan;
``(3) the borrower of the loan pays in full, before the
guarantee is issued, a guarantee fee in the amount of the
estimated subsidy cost of the guarantee, as determined by the
Director of the Office of Management and Budget;
``(4) except as provided in paragraph (5), the principal
amount of the loan is not more than $25,000,000;
``(5) the principal amount of the loan is more than
$25,000,000, but is not more than $75,000,000, if the
Secretary--
``(A) approves the loan application; and
``(B) does not delegate the authority described in
subparagraph (A);
``(6) the project requires no Federal or State financial
assistance, other than the loan guarantee provided under this
subsection; and
``(7) the project complies with all necessary permits,
licenses, and approvals required under the laws of the State.
``(c) Cost Sharing.--
``(1) In general.--The amount of a loan guarantee under
this section for a project described in subsection (b) shall
not exceed 80 percent of the total project cost.
``(2) Subordination.--Any financing for the non-Federal
share of the total project cost shall be subordinated to the
federally guaranteed portion of the total project cost.
``(d) Loan Guarantee Limits.--The loan guarantee limitations
applicable to the business and industry guarantee loan program
authorized under section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932) shall apply to loan guarantees made
under this section.
``(e) Maximum Amount.--
``(1) Individual loans.--The amount of principal for a loan
under this section for a project described in subsection (b)
shall not exceed $75,000,000.
``(2) All loans.--The total outstanding amount of principal
for loans under this section for all projects described in
subsection (b) shall not exceed $500,000,000.
``(f) Proposed Rule.--The Secretary shall publish a proposed rule
to carry out this section within 120 days of enactment of this Act.''.
Sec. 789. Water and Waste Disposal Grant to the City of Postville,
Iowa. Notwithstanding any other provision of law, the city of
Postville, Iowa, shall be eligible to receive a water and waste
disposal grant under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) in an amount that is equal to not
more than 75 percent of the total cost of providing water and sewer
service in the city.
Sec. 790. Texas Rice Safeguard Initiative. (a) In General.--In
order to provide a safeguard against the further decline of the rice
industry and wildlife habitat in Texas, and to provide information to
the Congress in anticipation of and preparation for the 2007 farm bill,
the Secretary of Agriculture shall conduct the initiative required
under this section.
(b) Administrative Improvements.--As an integral part of the
safeguard initiative the Secretary of Agriculture shall review the
administration and enhance the enforcement of section 1105(a)(1)(E) of
Public Law 107-171 as it relates to and is applied to the control of
noxious weeds and the proper application and implementation of the
conserving use requirements on rice base acreage in Texas.
(c) Reports to Congress.--The Secretary shall review and evaluate
the costs, benefits and effects of the safeguard initiative on rice
producers, including tenant rice producers, the rice milling and
processing industry, wildlife habitat, and the economies of rice
farming areas in Texas, detailed by each of these affected interests
and by the program variables involved in the safeguard initiative under
subsection (b), including whether or not producers on a farm have
qualified plantings. The Secretary shall provide to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives an annual report detailing
the progress and findings of the initiative not later than February 1
of each of the years 2005 through 2007.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2004''.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 2673
_______________________________________________________________________
AMENDMENT