[Congressional Record (Bound Edition), Volume 149 (2003), Part 20]
[Senate]
[Pages 27232-27255]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2072. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       Strike all after the enacting clause and insert the 
     following:
       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, $119,289,000, 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, $188,022,000, 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.

     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.

[[Page 27233]]



                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).

[[Page 27234]]




              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: 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.
       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

[[Page 27235]]

     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

[[Page 27236]]

     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, $769,479,000, 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 
     $25,000,000 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.

[[Page 27237]]

       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, 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.

                  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, $335,963,000, 
     in areas that meet the definition of ``rural area'' used for 
     the Distance Learning and Telemedicine Program authorized by 
     7 U.S.C. 950aaa.
       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.

[[Page 27238]]

     901, et seq., $9,116,000: 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 areas that meet the definition of ``rural 
     area'' used for the Broadband Loan Program authorized by 7 
     U.S.C. 901.

                                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.), $27,745,981,000, 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 for the nuclear affected 
     islands, as authorized by Section 103(h)(2) of the Compacts 
     of Free Association Act of 1985, $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''.

[[Page 27239]]



                                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); (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, $90,435,000, 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

[[Page 27240]]

     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).
       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.

[[Page 27241]]

       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.
       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. Notwithstanding subsections (c) and (e)(2) of 
     section 313A of the Rural Electrification Act (7 U.S.C. 
     940c(c) and (e)(2)) in implementing section 313A of that Act, 
     the Secretary shall, with the consent of the lender, 
     structure the schedule for payment of the annual fee, not to 
     exceed an average of 30 basis points per year for the term of 
     the loan, to ensure that sufficient funds are available to 
     pay the subsidy costs for note guarantees under that section.
       Sec. 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. 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 
     6103 of Public Law 107-171, the Farm Security and Rural 
     Investment Act of 2002.
       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, 
     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)(1) of the Federal Crop Insurance Act (7 U.S.C. 
     1524(b)(1)) is amended--
       (1) by striking ``financial assistance to producers in'' 
     and inserting ``grants to''; and
       (2) by inserting before the period at the end the 
     following: ``which shall use the grants to provide financial 
     assistance to producers for uses described in paragraph 
     (2)''.
       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.''.
       This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2004''.
                                 ______
                                 
  SA 2073. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:


[[Page 27242]]

       On page 47, line 13, insert a period after ``$335,963,000'' 
     and striker the remainder of the sentence, and on page 48, 
     lines 7 through 9, strike all after ``transmission in'' and 
     insert in lieu thereof the following: ``rural areas eligible 
     for Distance Learning and Telemedicine Program benefits 
     authorized by 7 U.S.C. 950aaa.''.
                                 ______
                                 
  SA 2074. Mr. DASCHLE (for himself and Mr. Frist) submitted an 
amendment intended to be proposed by him to the bill H.R. 2673, 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; which was ordered to lie on 
the table; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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 inforamtion 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).''.
                                 ______
                                 
  SA 2075. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill H.R. 2673, 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; 
which was ordered to lie on the table; as follows:

       On page 42, between lines 13 and 14, insert the following:

                   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.
       On page 58, line 19, strike ``$90,435,000'' and insert 
     ``$88,435,000''.

[[Page 27243]]


                                 ______
                                 
  SA 2076. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill H.R. 2673, 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; 
which was ordered to lie on the table; as follows:

       On page 42, between lines 13 and 14, insert the following:

                   Historic Barn Preservation Program

       For the Vermont Division for Historic Preservation, to 
     carry out activities under the historic barn preservation 
     program established under section 379A of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 2008o), $500,000.
       On page 58, line 19, strike ``$90,435,000'' and insert 
     ``$899,350,000''.
                                 ______
                                 
  SA 2077. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2673, 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; which was ordered to lie on the table; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. PEST INFESTATION OF HASS AVOCADOS.

       None of the funds appropriated or otherwise made available 
     by this Act shall be used--
       (1) to carry out any provision of law (including rules and 
     regulations) relating to the expansion of imports of Mexican 
     avocados until a scientific study by qualified independent 
     researchers for a continuous 12-month period is completed on 
     the susceptibility of Hass avocados to pest infestation as a 
     result of the expansion of Mexican avocado imports; or
       (2) to take any action that would expand imports into 
     avocado-producing States as long as avocado-specific 
     quarantine pests continue to be found in Michoacan, Mexico.
                                 ______
                                 
  SA 2078. Mr. DASCHLE (for himself, Mr. Enzi, Mr. Thomas, Mr. Johnson, 
Mr. Harkin, Mr. Grassley, Mr. Burns, Mr. Bingaman, Mr. Baucus, Mr. 
Dorgan, Mr. Conrad, and Mr. Kerry) submitted an amendment intended to 
be proposed by him to the bill H.R. 2673, 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; which was ordered to lie on the table; as follows:

       On page 79, between lines 7 and 8, insert:

     SEC. __. 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.
                                 ______
                                 
  SA 2079. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2673, 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; which 
was ordered to lie on the table; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. PROHIBITION OF USE OF FUNDS TO IMPLEMENT COUNTRY OF 
                   ORIGIN LABELING FOR MEAT OR MEAT PRODUCTS.

       None of the funds appropriated or otherwise made available 
     by this Act shall be used to implement or enforce subtitle D 
     of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et 
     seq.) with respect to a covered commodity described in clause 
     (i) or (ii) of section 281(2)(A) of that Act (7 U.S.C. 
     1638(2)(A)).
                                 ______
                                 
  SA 2080. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 2673, 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; 
as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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)).
                                 ______
                                 
  SA 2081. Mr. GRAHAM of Florida (for himself and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed by him to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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''.
                                 ______
                                 
  SA 2082. Mr. NELSON of Florida (for himself and Mr. Graham of 
Florida) submitted an amendment intended to be proposed by him to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. ASSISTANCE TO CITRUS AND LIME GROWERS FOR LOST 
                   INCOME AND TREE REPLACEMENT FROM TREES REMOVED 
                   TO CONTROL CITRUS CANKER.

       The Secretary of Agriculture shall use not more than 
     $15,000,000 of the funds of the Commodity Credit Corporation 
     to compensate commercial citrus and lime growers in the State 
     of Florida for lost income and tree replacement with respect 
     to trees removed to control citrus canker, to remain 
     available until expended.
                                 ______
                                 
  SA 2083. Mrs. FEINSTEIN (for herself, Mr. Lugar, Mr. Levin, Mr. 
Harkin, Ms. Cantwell, Mrs. Boxer, Mr. Leahy, Mr. Wyden, Mr. Durbin, and 
Mr. Hollings) proposed an amendment to the bill H.R. 2673, 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; as follows:

       At the appropriate place, insert the following:

        TITLE __--TRANSPARENCY IN WHOLESALE ELECTRICITY MARKETS

     SEC. __01. MARKET TRANSPARENCY.

       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. MARKET TRANSPARENCY.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this section, the Commission shall promulgate 
     regulations establishing an electronic information system to 
     provide the Commission and the public with access to such 
     information as is appropriate to facilitate price 
     transparency and participation in markets subject to the 
     jurisdiction of the Commission.
       ``(b) Information To Be Made Available.--
       ``(1) In general.--The system under subsection (a) shall 
     provide information about the availability and market price 
     of wholesale electric energy and transmission services to the 
     Commission, State commissions, buyers and sellers of 
     wholesale electric energy, users of transmission services, 
     and the public.
       ``(2) Protection of consumers and competitive markets.--In 
     determining the information to be made available under the 
     system and the time at which to make such information 
     available, the Commission shall seek to ensure that consumers 
     and competitive markets are protected from false or 
     misleading information and from the adverse effects of 
     potential collusion or other anticompetitive behaviors that 
     can be facilitated by untimely public disclosure of 
     transaction-specific information.
       ``(c) Authority To Obtain Information.--The Commission 
     shall have authority to obtain information described in 
     subsections (a) and (b) from any electric utility or 
     transmitting utility (including any entity described in 
     section 201(f)).
       ``(d) Exemption.--The Commission shall exempt from 
     disclosure information that the Commission determines would, 
     if disclosed--
       ``(1) be detrimental to the operation of an effective 
     market; or
       ``(2) jeopardize system security.
       ``(e) Applicability.--The system under subsection (a) shall 
     not apply to an entity described in section 212(k)(2)(B) with 
     respect to transactions for the purchase or sale of wholesale 
     electric energy and transmission services within the area 
     described in section 212(k)(2)(A).''.

[[Page 27244]]



     SEC. __02. ROUND TRIP TRADING.

       Part II of the Federal Power Act (16 U.S.C. 824 et seq.) 
     (as amended by section __01) is amended by adding at the end 
     the following:

     ``SEC. 216. ROUND TRIP TRADING.

       ``(a) Prohibition.--It shall be unlawful for any person or 
     entity (including an entity described in section 201(f)) 
     knowingly to enter into any contract or other arrangement to 
     execute a round trip trade.
       ``(b) Definition of Round Trip Trade.--In this section, the 
     term `round trip trade' means a transaction (or combination 
     of transactions) in which a person or entity, with the intent 
     to affect reported revenues, trading volumes, or prices--
       ``(1) enters into a contract or other arrangement to 
     purchase from, or sell to, any other person or entity 
     electric energy at wholesale; and
       ``(2) simultaneously with entering into the contract or 
     arrangement described in paragraph (1), arranges a 
     financially offsetting trade with the other person or entity 
     for the same electric energy at substantially the same 
     location, price, quantity, and terms so that, collectively, 
     the purchase and sale transactions in themselves result in a 
     de minimis or no financial gain or loss.''.

     SEC. __03. ENFORCEMENT.

       (a) Complaints.--Section 306 of the Federal Power Act (16 
     U.S.C. 825e) is amended--
       (1) in the first sentence--
       (A) by inserting ``(including an electric utility)'' after 
     ``Any person''; and
       (B) by inserting ``, transmitting utility,'' after 
     ``licensee''; and
       (2) in the second sentence, by inserting ``, transmitting 
     utility,'' after ``licensee''.
       (b) Investigations.--Section 307(a) of the Federal Power 
     Act (16 U.S.C. 825f(a)) is amended in the first sentence by 
     inserting ``(including a transmitting utility)'' after ``any 
     person''.
       (c) Review of Commission Orders.--Section 313(a) of the 
     Federal Power Act (16 U.S.C. 825l) is amended in the first 
     sentence by inserting ``(including an electric utility)'' 
     after ``Any person''.
       (d) Criminal Penalties.--Section 316 of the Federal Power 
     Act (16 U.S.C. 825o) is amended--
       (1) in subsection (a)--
       (A) by striking ``$5,000'' and inserting ``$1,000,000''; 
     and
       (B) by striking ``two years'' and inserting ``5 years'';
       (2) in subsection (b), by striking ``$500'' and inserting 
     ``$25,000''; and
       (3) by striking subsection (c).
       (e) Civil Penalties.--Section 316A of the Federal Power Act 
     (16 U.S.C. 825o-1) is amended--
       (1) in subsections (a) and (b), by striking ``section 211, 
     212, 213, or 214'' each place it appears and inserting ``part 
     II''; and
       (2) in subsection (b), by striking ``$10,000'' and 
     inserting ``$1,000,000''.
       (f) General Penalties.--Section 21 of the Natural Gas Act 
     (15 U.S.C. 717t) is amended--
       (1) in subsection (a), by striking ``$5,000'' and inserting 
     ``$1,000,000'', and by striking ``two years'' and inserting 
     ``5 years''; and
       (2) in subsection (b), by striking ``$500'' and inserting 
     ``$50,000''.

     SEC. __04. REFUND EFFECTIVE DATE.

       Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) 
     is amended--
       (1) in the second sentence, by striking ``the date 60 days 
     after the filing of such complaint nor later than 5 months 
     after the expiration of such 60-day period'' and inserting 
     ``the date of the filing of the complaint nor later than 5 
     months after the filing of the complaint'';
       (2) in the third sentence--
       (A) by striking ``60 days after the'' and inserting ``of''; 
     and
       (B) by striking ``expiration of such 60-day period'' and 
     inserting ``publication date''; and
       (3) by striking the fifth sentence and inserting the 
     following: ``If no final decision is rendered by the 
     conclusion of the 180-day period that begins on the date of 
     institution of a proceeding under this section, the 
     Commission shall state the reasons why the Commission has 
     failed to do so and shall state its best estimate as to when 
     the Commission reasonably expects to render a final 
     decision.''.

     SEC. __05. DISCOVERY AND EVIDENTIARY HEARINGS UNDER THE 
                   FEDERAL POWER ACT.

       The Federal Power Act is amended--
       (1) in section 206 (16 U.S.C. 824e), by adding at the end 
     the following:
       ``(e) Discovery and Evidentiary Hearings.--On receipt of a 
     complaint by a State or a State Commission under subsection 
     (a), the Commission shall provide--
       ``(1) an opportunity for the State or the State Commission 
     to conduct reasonable discovery; and
       ``(2) on request of the State or the State Commission and a 
     showing of a dispute as to material facts, an evidentiary 
     hearing.''; and
       (2) in section 306 (16 U.S.C. 825e)--
       (A) by inserting ``(a) In General.--'' before ``Any 
     person''; and
       (B) by adding at the end the following:
       ``(b) Discovery and Evidentiary Hearings.--On receipt of a 
     complaint by a State or State Commission under this section, 
     the Commission shall provide--
       ``(1) an opportunity for the State or the State Commission 
     to conduct reasonable discovery; and
       ``(2) on request of the State or the State Commission and a 
     showing of dispute as to material facts, an evidentiary 
     hearing.''.

                     TITLE __--MARKET MANIPULATION

     SEC. __01. PROHIBITION OF MARKET MANIPULATION.

       (a) In General.--Part II of the Federal Power Act (as 
     amended by section __02) is amended by adding at the end the 
     following:

     ``SEC. 217. PROHIBITION OF MARKET MANIPULATION.

       ``(a) In General.--It shall be unlawful for any person, 
     directly or indirectly, to knowingly 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 to affect the price, availability, or 
     reliability of the electric energy or transmission services.
       ``(b) Regulations.--The Commission may promulgate 
     regulations as appropriate in the public interest or for the 
     protection of electric ratepayers to enforce this section.''.
       (b) Additional Remedy for Market Manipulation.--Section 206 
     of the Federal Power Act (16 U.S.C. 824e) is amended by 
     adding at the end the following:
       ``(e) Remedy for Market Manipulation.--If the Commission 
     finds that a public utility has knowingly employed any 
     manipulative or deceptive device or contrivance in violation 
     of this Act (including a regulation promulgated under this 
     Act), the Commission may, in addition to any other remedy 
     available under this Act, revoke the authority of the public 
     utility to charge market-based rates.''.

                   TITLE __--ENERGY MARKET OVERSIGHT

     SEC. __01. OVER-THE-COUNTER TRANSACTIONS IN ENERGY 
                   COMMODITIES.

       (a) Definitions.--Section 1a of the Commodity Exchange Act 
     (7 U.S.C. 1a) is amended by adding at the end the following:
       ``(34) Included energy transaction.--The term `included 
     energy transaction' means a contract, agreement, or 
     transaction in an energy commodity that is--
       ``(A)(i) executed or traded on an electronic trading 
     facility; and
       ``(ii) entered into on a principal-to-principal basis 
     solely between persons that are eligible commercial entities 
     at the time the persons enter into the agreement, contract, 
     or transaction; or
       ``(B)(i) executed or traded not on or through a trading 
     facility; and
       ``(ii) entered into solely between persons that are 
     eligible contract participants at the time the persons enter 
     into the agreement, contract, or transaction, regardless of 
     the means of execution of the agreement, contract, or 
     transaction.
       ``(35) Energy commodity.--
       ``(A) In general.--The term `energy commodity' means a 
     commodity (other than an excluded commodity, a metal, or an 
     agricultural commodity) that is used as a source of energy.
       ``(B) Inclusions.--The term `energy commodity' includes--
       ``(i) coal;
       ``(ii) crude oil, gasoline, heating oil, and propane;
       ``(iii) electricity; and
       ``(iv) natural gas.
       ``(36) Electronic energy trading facility.--The term 
     `electronic energy trading facility' means an electronic 
     trading facility on or through which included energy 
     transactions are traded or executed.''.
       (b) Off-Exchange Transactions in Energy Commodities.--
     Section 2(g) of the Commodity Exchange Act (7 U.S.C. 2(g)) is 
     amended--
       (1) by inserting ``or an energy commodity'' after 
     ``agricultural commodity'';
       (2) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (3) by striking ``No provision'' and inserting the 
     following:
       ``(1) In general.--No provision''; and
       (4) by adding at the end the following:
       ``(2) Transactions in Energy Commodities.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C) and subsection (h)(7), nothing in this Act applies to 
     an included energy transaction.
       ``(B) Prohibited conduct.--
       ``(i) In general.--An included energy transaction shall be 
     subject to--

       ``(I) sections 5b, 12(e)(2)(B), and 22(a)(4); and
       ``(II) the prohibitions in sections 4b, 4c(a), 4c(b), 4o, 
     6(c), 6(d), 6c, 6d, 8a, and 9(a)(2).

       ``(ii) Transactions exempted by commission action.--
     Notwithstanding any exemption by the Commission under section 
     4(c), an included energy transaction shall be subject to the 
     sections specified in clause (i) of this subparagraph, 
     subparagraph (C), and subsection (h)(7).
       ``(C) Reporting and recordkeeping requirements.--
       ``(i) In general.--An eligible contract participant that 
     enters into or executes an included energy transaction that 
     performs, or together with other such transactions performs, 
     a significant price discovery function in the cash market for 
     an energy commodity or in any other market for agreements, 
     contracts, or transactions relating to an energy

[[Page 27245]]

     commodity, or an eligible commercial entity that enters into 
     or executes an included energy transaction described in 
     section 1a(34)(A) shall--

       ``(I) provide to the Commission on a timely basis the 
     information required under clause (ii); and
       ``(II)(aa) consistent with section 4i, maintain books and 
     records relating to each included energy transaction, for a 
     period of at least 5 years after the date of the transaction, 
     in such form as the Commission shall require; and
       ``(bb) keep the books and records open to inspection by any 
     representative of the Commission or the Attorney General.

       ``(ii) Required information.--

       ``(I) In general.--The Commission shall require that such 
     information regarding included energy transactions be 
     provided to the Commission as the Commission considers 
     necessary to assist in detecting and preventing price 
     manipulation.
       ``(II) Information to be included.--Such information shall 
     include information regarding large trading positions 
     obtained through 1 or more included energy transactions that 
     involve--

       ``(aa) substantial quantities of the commodity in the cash 
     market; or
       ``(bb) substantial positions, investments, or trades in 
     agreements or contracts related to energy commodities.

       ``(III) Manner of compliance.--The Commission shall specify 
     when and how such information shall be provided and 
     maintained by eligible contract participants and eligible 
     commercial entities.
       ``(IV) Price discovery transactions.--

       ``(aa) In general.--In specifying the information to be 
     provided under this paragraph, the Commission shall identify 
     the transactions or class of transactions that the Commission 
     considers to perform a significant price discovery function.
       ``(bb) Considerations.--In determining which included 
     energy transactions perform a significant price discovery 
     function, the Commission shall consider the extent to which--

       ``(AA) standardized agreements are used to execute the 
     transactions;
       ``(BB) the transactions involve standardized types or 
     measures of a commodity;
       ``(CC) the prices of the transactions are reported to third 
     parties, published, or disseminated;
       ``(DD) the prices of the transactions are referenced in 
     other transactions; and
       ``(EE) other factors considered appropriate by the 
     Commission.
       ``(V) Persons filing.--

       ``(aa) In general.--The Commission, in its discretion, may 
     allow large trader position reports required to be provided 
     by an eligible commercial entity to be provided by an 
     electronic energy trading facility if the eligible commercial 
     entity authorizes the facility to provide such information on 
     its behalf.
       ``(bb) Information and enforcement.--Nothing in an 
     authorization under item (aa) shall impair the ability of the 
     Commission to obtain information from an eligible commercial 
     entity or otherwise enforce this Act.

       ``(VI) Regulations.--Not later than 180 days after the date 
     of enactment of this paragraph, the Commission shall issue a 
     notice of proposed rulemaking, and not later than 1 year 
     after the date of enactment of this paragraph, the Commission 
     shall promulgate final regulations, specifying the 
     information to be provided and maintained under this 
     subparagraph.''.

     SEC. __02. ELECTRONIC TRADING FACILITIES FOR ENERGY 
                   COMMODITIES.

       Section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h)) 
     is amended--
       (1) in paragraph (1), by inserting after ``an exempt 
     commodity'' the following: ``other than an energy 
     commodity'';
       (2) in paragraph (3), by inserting after ``an exempt 
     commodity'' the following: ``other than an energy 
     commodity''; and
       (3) by adding at the end the following:
       ``(7) Energy transactions.--
       ``(A) In general.--To the extent that the Commission 
     determines to be appropriate under subparagraph (C), an 
     electronic energy trading facility shall--
       ``(i) be subject to the requirements of section 5a, to the 
     extent provided in sections 5a(g) and 5d;
       ``(ii)(I) consistent with section 4i, maintain books and 
     records relating to the business of the electronic energy 
     trading facility, including books and records relating to 
     each transaction in such form as the Commission may require; 
     and
       ``(II) make the books and records required under this 
     section available to representatives of the Commission and 
     the Attorney General for inspection for a period of at least 
     5 years after the date of each included energy transaction;
       ``(iii) make available to the public information on trading 
     volumes, settlement prices, open interest (where applicable), 
     and opening and closing ranges (or daily highs and lows, as 
     appropriate) for included energy transactions; and
       ``(iv) provide the information to the Commission in such 
     form and at such times as the Commission may require.
       ``(B) Applicability of other provisions.--
       ``(i) Paragraph 5.--An electronic energy trading facility 
     shall comply with paragraph (5).
       ``(ii) Paragraph 6.--Paragraph (6) shall apply with respect 
     to a subpoena issued to any foreign person that the 
     Commission believes is conducting or has conducted 
     transactions on or through an electronic energy trading 
     facility.
       ``(C) Regulations.--Not later than 180 days after the date 
     of enactment of this paragraph, the Commission shall issue a 
     notice of proposed rulemaking, and not later than 1 year 
     after the date of enactment of this paragraph, the Commission 
     shall promulgate final regulations, specifying the 
     information to be provided, maintained, or made available to 
     the public under subparagraphs (A) and (B).
       ``(8) Nondisclosure of proprietary information.--In 
     carrying out paragraph (7) and subsection (g)(2), the 
     Commission shall not--
       ``(A) require the real-time publication of proprietary 
     information;
       ``(B) prohibit the commercial sale or licensing of real-
     time proprietary information; or
       ``(C) publicly disclose information regarding market 
     positions, business transactions, trade secrets, or names of 
     customers, except as provided in section 8.''.

     SEC. __03. NO EFFECT ON OTHER AUTHORITY.

       (a) No Effect on FERC Authority.--Nothing contained in this 
     title shall affect the jurisdiction of the Federal Energy 
     Regulatory Commission with respect to the authority of the 
     Federal Energy Regulatory Commission under the Federal Power 
     Act (16 U.S.C. 791a et seq.), the Natural Gas Act (15 U.S.C. 
     717 et seq.), or other law to obtain information or otherwise 
     carry out the responsibilities of the Federal Energy 
     Regulatory Commission.''.
       (b) No Effect on Excluded Commodities.--The amendments made 
     by this title have no effect on the regulation of excluded 
     commodities under the Commodity Exchange Act (7 U.S.C. 1a et 
     seq.).
       (c) No Effect on Metals.--The amendments made by this title 
     have no effect on the regulation of metals under the 
     Commodity Exchange Act (7 U.S.C. 1a et seq.).

     SEC. __04. PROHIBITION OF FRAUDULENT TRANSACTIONS.

       Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is 
     amended by striking subsection (a) and inserting the 
     following:
       ``(a) Prohibitions.--
       ``(1) In general.--It shall be unlawful (A) for any person, 
     in or in connection with any order to make, or the making of, 
     any contract of sale of any commodity for future delivery or 
     in interstate commerce, that is made, or to be made, on or 
     subject to the rules of a designated contract market, for or 
     on behalf of any other person, or (B) for any person, in or 
     in connection with any order to make, or the making of, any 
     contract of sale of any commodity for future delivery or 
     other agreement, contract or transaction subject to 
     paragraphs (1) and (2) of section 5a(g), that is made, or to 
     be made, for or on behalf of or with, any other person, other 
     than on or subject to the rules of a designated contract 
     market--
       ``(i) to cheat or defraud or attempt to cheat or defraud 
     the other person;
       ``(ii) willfully to make or cause to be made to such other 
     person any false report or statement or willfully to enter or 
     cause to be entered for the other person any false record;
       ``(iii) willfully to deceive or attempt to deceive the 
     other person by any means whatsoever in regard to any order 
     or contract or the disposition or execution of any order or 
     contract, or in regard to any act of agency performed, with 
     respect to any order or contract for (or, in the case of a 
     contract described in subparagraph (B), with the other 
     person); or
       ``(iv)(I) to bucket an order represented by the person as 
     an order to be executed, for or on behalf of the other 
     person, on an organized exchange; or
       ``(II) to--
       ``(aa) fill an order by offset against the order or orders 
     of the other person; or
       ``(bb) willfully and knowingly and without the prior 
     consent of the other person, to--

       ``(AA) become the buyer in respect to any selling order of 
     the other person; or
       ``(BB) become the seller in respect to any buying order of 
     the other person;

     if the order is to be executed on or subject to the rules of 
     a designated contract market.
       ``(2) Limitation.--This subsection does not obligate any 
     person, in connection with a transaction in a contract of 
     sale of a commodity for future delivery with another person, 
     to disclose to any other person nonpublic information that 
     may be material to the market price of the commodity or 
     transaction, except as necessary to make any statement made 
     to the other person in connection with the transaction not 
     misleading in any material respect.''.

     SEC. __05. CRIMINAL AND CIVIL PENALTIES.

       (a) Enforcement Powers of Commission.--Section 6(c) of the 
     Commodity Exchange Act (7 U.S.C. 9, 15) is amended in 
     paragraph (3) of the tenth sentence--
       (1) by inserting ``(A)'' after ``assess such person''; and
       (2) by inserting after ``each such violation'' the 
     following: ``, or (B) in any case of manipulation of, or 
     attempt to manipulate, the price of any commodity, a civil 
     penalty of

[[Page 27246]]

     not more than the greater of $1,000,000 or triple the 
     monetary gain to such person for each such violation,''.
       (b) Manipulations and Other Violations.--Section 6(d) of 
     the Commodity Exchange Act (7 U.S.C. 13b) is amended in the 
     first sentence--
       (1) by striking ``paragraph (a) or (b) of section 9 of this 
     Act'' and inserting ``subsection (a), (b), or (f) of section 
     9''; and
       (2) by striking ``said paragraph 9(a) or 9(b)'' and 
     inserting ``subsection (a), (b), or (f) of section 9''.
       (c) Nonenforcement of Rules of Government or Other 
     Violations.--Section 6b of the Commodity Exchange Act (7 
     U.S.C. 13a) is amended--
       (1) in the first sentence, by inserting before the period 
     at the end the following: ``, or, in any case of manipulation 
     of, or an attempt to manipulate, the price of any commodity, 
     a civil penalty of not more than $1,000,000 for each such 
     violation''; and
       (2) in the second sentence, by inserting before the period 
     at the end the following: ``, except that if the failure or 
     refusal to obey or comply with the order involved any offense 
     under section 9(f), the registered entity, director, officer, 
     agent, or employee shall be guilty of a felony and, on 
     conviction, shall be subject to penalties under section 
     9(f)''.
       (d) Action To Enjoin or Restrain Violations.--Section 6c(d) 
     of the Commodity Exchange Act (7 U.S.C. 13a-1(d)) is amended 
     by striking ``(d)'' and all that follows through the end of 
     paragraph (1) and inserting the following:
       ``(d) Civil Penalties.--In any action brought under this 
     section, the Commission may seek and the court shall have 
     jurisdiction to impose, on a proper showing, on any person 
     found in the action to have committed any violation--
       ``(1) a civil penalty in the amount of not more than the 
     greater of $100,000 or triple the monetary gain to the person 
     for each violation; or
       ``(2) in any case of manipulation of, or an attempt to 
     manipulate, the price of any commodity, a civil penalty in 
     the amount of not more than the greater of $1,000,000 or 
     triple the monetary gain to the person for each violation.''.
       (e) Violations Generally.--Section 9(a) of the Commodity 
     Exchange Act (7 U.S.C. 13) is amended--
       (1) by striking ``(or $500,000 in the case of a person who 
     is an individual)'';
       (2) by striking ``five years'' and inserting ``10 years''; 
     and
       (3) in paragraph (2), by striking ``false or misleading or 
     knowingly inaccurate reports'' and inserting ``knowingly 
     false, misleading, or inaccurate reports''.

     SEC. __06. CONFORMING AMENDMENTS.

       (a) Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is 
     amended--
       (1) in subsection (d)(1), by striking ``section 5b'' and 
     inserting ``section 5a(g), 5b,'';
       (2) in subsection (e)(1), by inserting ``(1)'' after 
     ``(g)''; and
       (3) in subsection (i)--
       (A) in paragraph (1)--
       (i) by striking ``No provision'' and inserting ``In 
     general.--Subject to subsections (g)(2) and (h)(7), no 
     provision''; and
       (ii) in subparagraph (A), by inserting ``(1)'' after 
     ``2(g)''; and
       (B) in paragraph (2), by striking ``No provision'' and 
     inserting ``In general.--Subject to subsections (g)(2) and 
     (h)(7), no provision''.
       (b) Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) 
     is amended in the first sentence by inserting ``, or pursuant 
     to an exemption under section 4(c)'' after ``transaction 
     execution facility''.
       (c) Section 8a(9) of the Commodity Exchange Act (7 U.S.C. 
     12a(9)) is amended--
       (1) by inserting ``or an electronic energy trading 
     facility'' after ``direct the contract market'';
       (2) by inserting after ``liquidation of any futures 
     contract'' the following: ``or included energy transaction''; 
     and
       (3) by inserting ``or an electronic energy trading 
     facility'' after ``given by a contract market''.
                                 ______
                                 
  SA 2084. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:
       ``Sec.   . Statements made by the Chairman and/or Ranking 
     Member of the Agriculture Appropriations Subcommittee, and 
     colloquies engaging the Chairman and/or Ranking Member of the 
     Agriculture Appropriations Subcommittee, given on the Senate 
     Floor or submitted for the Record during Senate consideration 
     of this Act shall be deemed part of Senate Committee Report 
     108-107 for purposes of conference with the House of 
     Representatives.''.
                                 ______
                                 
  SA 2085. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2673, 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; which 
was ordered to lie on the table; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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.
                                 ______
                                 
  SA 2086. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 2673, 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; 
which was ordered to lie on the table; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. __. CENTER OF EXCELLENCE FOR COMMODITY AND CONSERVATION 
                   DECISION SUPPORT SYSTEMS.

       To encourage the Chief of the Natural Resources 
     Conservation Service to work with the University of South 
     Carolina to establish a Center of Excellence for Department 
     of Agriculture Commodity and Conservation Decision Support 
     Systems.
                                 ______
                                 
  SA 2087. Ms. CANTWELL (for herself, Mr. Bingaman, Mr. Hollings, Mr. 
Jeffords, Mr. Dorgan, and Mr. Feingold) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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''.
                                 ______
                                 
  SA 2088. Mr. AKAKA (for himself, Mr. Levin, Mr. Lieberman, and Ms. 
Cantwell) proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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)).
                                 ______
                                 
  SA 2089. Mr. DAYTON proposed an amendment to the bill H.R. 2673, 
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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. EMERGENCY DISASTER ASSISTANCE FOR AGRICULTURAL 
                   PRODUCERS.

       (a) Crop Disaster Assistance.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     Secretary of Agriculture (referred to in this section as the 
     ``Secretary'')

[[Page 27247]]

     shall use such sums as are necessary of funds of the 
     Commodity Credit Corporation to make emergency financial 
     assistance authorized under this subsection available to 
     producers on a farm that have incurred qualifying crop losses 
     for the 2001, 2002, or 2003 crop, or any combination of those 
     crops, due to damaging weather or related condition, as 
     determined by the Secretary.
       (2) Administration.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall make assistance available under this 
     subsection in the same manner as provided under section 815 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-55), including using the 
     same loss thresholds for the quantity and quality losses as 
     were used in administering that section.
       (B) Payment rates.--The Secretary shall make a disaster 
     payment available to producers on a farm for a crop under 
     this subsection at a rate equal to--
       (i) 40 percent of the established price for the crop for 
     any deficiency in production greater than 20 percent, but 
     less than 35 percent, for the crop; and
       (ii) 65 percent of the established price for the crop for 
     any deficiency in production of 35 percent or more for the 
     crop.
       (3) Crop insurance.--In carrying out this subsection, the 
     Secretary shall not discriminate against or penalize 
     producers on a farm that have purchased crop insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
       (4) Other assistance.--Subject to paragraph (3), the amount 
     of assistance that producers on a farm would otherwise 
     receive under this section shall be reduced by the amount of 
     assistance provided to the producers on the farm for crop 
     losses described in paragraph (1) under any other Federal 
     law.
       (b) Livestock Assistance Program.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary shall use such sums as are necessary of funds of 
     the Commodity Credit Corporation as are necessary to make and 
     administer payments for livestock losses to producers for 
     2001, 2002, or 2003, or any combination of those years, in a 
     county that has received a corresponding emergency 
     designation by the President or the Secretary, of which an 
     amount determined by the Secretary shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549, 1549A-51).
       (2) Administration.--The Secretary shall make assistance 
     available under this subsection in the same manner as 
     provided under section 806 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549, 1549A-51).
       (3) Other assistance.--The amount of assistance that a 
     producer would otherwise receive under this subsection shall 
     be reduced by the amount of assistance provided to the 
     producer for losses described in paragraph (1) under any 
     other Federal law.
       (c) Removal of Trees Adversely Affected by the Emerald Ash 
     Borer.--
       (1) In General.--The Secretary shall use funds of the 
     Commodity Credit Corporation to pay the costs of removing 
     trees that have been adversely affected by the emerald ash 
     borer.
       (2) Priority.--In carrying out paragraph (1), the Secretary 
     shall give priority to trees on public property or that 
     threaten public safety.
       (d) Reimbursement of Costs of Removing Commercial Citrus 
     Trees To Control Citrus Cancer.--
       (1) Payments for trees removed.--
       (A) In general.--The Secretary shall use funds of the 
     Commodity Credit Corporation to make payments to commercial 
     citrus growers located in the State of Florida in the amount 
     of $26 for each commercial citrus tree removed after January 
     1, 1986, to control citrus canker to allow for tree 
     replacement and associated business costs.
       (B) Payment limits.--A payment to any citrus grower under 
     this paragraph shall be limited to--
       (i) in the case of grapefruit, 104 trees per acre;
       (ii) in the case of valencias, 123 trees per acre;
       (iii) in the case of navels, 118 trees per acre;
       (iv) in the case of tangelos, 114 trees per acre;
       (v) in the case of limes, 154 trees per acre; and
       (vi) in the case of other citrus or mixed citrus, 104 trees 
     per acre.
       (2) Compensation for lost production.--
       (A) In general.--The Secretary shall use funds of the 
     Commodity Credit Corporation to make payments to commercial 
     citrus growers located in the State of Florida to compensate 
     the citrus growers for lost production, as determined by the 
     Secretary, with respect to trees removed after January 1, 
     1986, to control citrus canker.
       (B) Crop insurance.--
       (i) Covered.--In the case of a removed tree that was 
     covered by a crop insurance tree policy, compensation for 
     lost production under subparagraph (A) shall be reduced by 
     the amount of any indemnity received with respect to the 
     tree.
       (ii) Not covered.--In the case of a removed tree that was 
     not covered by a crop insurance tree policy (even though such 
     insurance may have been available), compensation for lost 
     production under subparagraph (A), shall be reduced by 5 
     percent.
       (e) Promotion of Specialty Crop Agriculture.--The Secretary 
     of Agriculture shall use funds of the Commodity Credit 
     Corporation to provide a grant to each State for the 
     promotion of agricultural commodities produced in the State 
     in same proportion as grants are provided under section 7(b) 
     of Public Law 107-25 (115 Stat.202).
       (f) Phytophtora crown and root and fruit rot.--The 
     Secretary of Agriculture shall use funds of the Commodity 
     Credit Corporation to carry out agricultural research on 
     growth and irradiation of Phytophthora crown and root and 
     fruit rot in the State of Michigan.
       (g) Reimbursement of Treatment Costs of Avocado Trees To 
     Comply With Fruit Fly Quarantine and Losses Due to 
     Windfall.--
       (1) Payments for bait treatment costs.--The Secretary shall 
     use funds of the Commodity Credit Corporation to make 
     payments to commercial avocado growers located in the State 
     of California in the amount of $35 per acre for each 
     individual bait treatment necessary for compliance with a 
     Government-imposed quarantine after November 15, 2002, to 
     control fruit flies.
       (2) Compensation for windfall losses.--The Secretary shall 
     use funds of the Commodity Credit Corporation to make 
     payments to commercial avocado growers in the State of 
     California to compensate avocado growers for windfall losses, 
     as determined by the Secretary, with respect to loss due to 
     winds after November 15, 2002, that occurred in a quarantine 
     area.
       (h) Compensation of Orchardists for Tree Losses.--The 
     Secretary of Agriculture shall use funds of the Commodity 
     Credit Corporation to provide assistance under the tree 
     assistance program under subtitle C of title X of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et 
     seq.), to compensate eligible orchardists (as defined in 
     section 10201 of that Act (7 U.S.C. 8201)) for tree losses 
     incurred since October 24, 2003 due to wildfires in Southern 
     California.
       (i) Fire Assistance.--The Secretary of Agriculture shall 
     use funds of the Commodity Credit Corporation to provide 
     assistance to agricultural producers with farms or ranches 
     located in Ventura County, California for losses (including 
     crop, livestock, and related losses) resulting from the Simi 
     Valley and Piru fires occurring during calendar year 2003.
       (j) Fisheries Disaster.--In addition to amounts 
     appropriated or otherwise made available, $50,000,000 is 
     appropriated to the Department of Commerce for fisheries 
     disaster assistance to the shrimp industries in the States of 
     North Carolina, South Carolina, Georgia, Florida, Alabama, 
     Mississippi, Louisiana and Texas, of which $45,000,000 shall 
     be made available to such States in amounts that are in 
     proportion to the percentage of shrimp catch landed in each 
     State, and $5,000,000 shall be for a national research and 
     development program for new products, improved quality 
     assurance, and marketing, of domestic wild shrimp: Provided, 
     That the funds distributed to the States may be used only 
     for: (A) assistance for small business including fishing 
     vessels, fish processors, and shoreside related businesses 
     serving the fishing industry; (B) assistance for the 
     additional incremental costs to fishermen associated with the 
     purchase, installation and use, including but not limited to 
     the loss in revenues due to any reduction in shrimp retention 
     associated with such use of new Turtle Excluder Devices 
     (TEDs) and Bycatch Reduction Devices (BRDs) required by 
     Federal Regulations; (C) State seafood inspection and testing 
     programs; (D) voluntary capacity reduction programs for 
     shrimp fisheries under limited access; Provided Further, That 
     not more than 5 percent of such funds may be used for 
     administrative expenses, and no funds may be used for 
     lobbying activities or representational expenses.
       (k) Funding.--
       (1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use--
       (A) such sums as are necessary to carry out subsections (a) 
     and (b);
       (B) $20,000,000 to carry out subsection (c);
       (C) $15,000,000 to carry out subsection (d);
       (D) $26,000,000 to carry out subsection (e);
       (E) $184,000 to carry out subsection (f);
       (F) $15,000,000 to carry out subsection (g);
       (G) such sums as are necessary to carry out subsection (h); 
     and
       (H) $12,000,000 to carry out subsection (i).
       (2) Availability.--Funds made available under this section 
     shall remain available until expended.
       (l) Regulations.--
       (1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section.
       (2) Procedure.--The promulgation of the regulations and 
     administration of this section shall be made without regard 
     to--

[[Page 27248]]

       (A) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (B) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (C) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (3) Congressional review of agency rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
       (m) Emergency Designation.--The entire amount made 
     available under this section is designated by Congress as an 
     emergency requirement under section 502(c) of H. Con. Res. 95 
     (108th Cong.).
       (n) Budgetary Treatment.--Notwithstanding Rule 3 of the 
     Budget Scorekeeping Guidelines set forth in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying Conference Report No. 105-217, the provisions of 
     this section that would have been estimated by the Office of 
     Management and Budget as changing direct spending or receipts 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 902) were it included 
     in an Act other than an appropriation Act shall be treated as 
     direct spending or receipts legislation, as appropriate, 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 902).
                                 ______
                                 
  SA 2090. Mr. HATCH (for himself, Mr. Harkin, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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.
                                 ______
                                 
  SA 2091. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       On page 50, line 14, strike ``$27,745,981,000'' and insert 
     in lieu thereof ``$29,945,981,000''.
                                 ______
                                 
  SA 2092. Mr. BENNETT (for Mr. Durbin) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:
       ``Sec.   . 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.''.
                                 ______
                                 
  SA 2093. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       On page 51, lines 14 through 17, strike ``special'' and all 
     that follows through ``1985,'' and insert in lieu thereof 
     ``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),''.
                                 ______
                                 
  SA 2094. Mr. BENNETT (for Ms. Murkowski (for herself, Mr. Stevens, 
Mr. Inouye, and Mr. Akaka)) proposed an amendment to the bill H.R. 
2673, 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; as follows:

       On page 33, line 9, strike ``$769,479,000'' and insert in 
     lieu thereof ``$767,479,000'' and on page 37, line 2, strike 
     $25,000,000'' and insert in lieu thereof ``$23,000,000''.
       On page 79, between lines 7 and 8, insert the following new 
     section:
       ``Sec.   . (a) 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.''.
                                 ______
                                 
  SA 2095. Mr. BENNETT (for Ms. Snowe (for herself, Mr. Dorgan, and Ms. 
Collins)) proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:

     ``SEC.   . 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.''.
                                 ______
                                 
  SA 2096. Mr. BENNETT (for Mr. Levin (for himself and Ms. Stabenow)) 
proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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).
                                 ______
                                 
  SA 2097. Mr. BENNETT (for Mr. Inhofe) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 77, line 18, strike the comma and insert ``; the 
     City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and 
     the City of Altus, Oklahoma,''.
                                 ______
                                 
  SA 2098. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:
       Sec.  . 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.''.
                                 ______
                                 
  SA 2099. Mr. BENNETT (for Mr. Inouye) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:
       ``Sec.  . 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 country as a rural 
     area or eligible rural community that the Secretary 
     determines is not urban in character.''.
                                 ______
                                 
  SA 2100. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:


[[Page 27249]]

       On page 79, between lines 7 and 8, insert the following new 
     section:
       Sec.  . 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 ``1994'' the following: ``, title V 
     of the Housing Act of 1949,''.
                                 ______
                                 
  SA 2101. Mr. BENNETT (for Mr. Kohl) proposed an amendment to the bill 
H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following new 
     section:
       ``Sec.  . 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.''.
                                 ______
                                 
  SA 2102. Mr. BENNETT (for Mr. Brownback) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 72, line 20, after the word ``Utah'' insert the 
     following: ``, and four flood control structures in Marmaton, 
     Kansas''.
                                 ______
                                 
  SA 2103. Mr. BENNETT proposed an amendment to the bill H.R. 2673, 
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; as follows:

       On page 42, line 1, insert ``Utah,'' after 
     ``Mississippi,''.
                                 ______
                                 
  SA 2104. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment 
to the bill H.R. 2673, 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; as 
follows:

       On page 74, line 7, insert ``(a)'' before the word 
     ``Notwithstanding'' and on line 15 insert the following new 
     subsection:
       ``(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.''.
                                 ______
                                 
  SA 2105. Mr. BENNETT (for Mr. Grassley (for himself and Mr. Dorgan)) 
proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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.
                                 ______
                                 
  SA 2106. Mr. BENNETT ( for Mr. Craig) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       At the appropriate place insert the following:
       ``Notwithstanding any other provision of law, the Secretary 
     of Agriculture may use appropriations available to the 
     Secretary for activities authorized under 7 U.S.C. 426-426c, 
     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.''
                                 ______
                                 
  SA 2107. Mr. BENNETT (for Mr. Graham  of Florida (for himself and Mr. 
Nelson of Florida)) proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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''.
                                 ______
                                 
  SA 2108. Mr. BENNETT (for Mr. Burns (for himself and Mrs. Clinton)) 
proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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).
                                 ______
                                 
  SA 2109. Mr. BENNETT (for Mr. Durbin) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       At the appropriate place, insert the following:
       Sec.   . 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 (68 FR 10417). Provided 
     further, the Commissioner should expedite and complete review 
     of available scientific evidence of ephedra's pharmacology 
     and mechanism of action.
                                 ______
                                 
  SA 2110. Mr. BENNETT (for Mr. Schumer (for himself and Mrs. Clinton)) 
proposed an amendment to the bill H.R. 2673, 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; as follows:

       On page 57, line 4, insert ``and of which no less than 
     $52,845,000 shall be available for the generic drugs 
     program'' before the semicolon.
                                 ______
                                 
  SA 2111. Mr. BENNETT (for Mr. Miller) proposed an amendment to the 
bill H.R. 2673, 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; as 
follows:

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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).
                                 ______
                                 
  SA 2112. Mr. BENNETT (for Mr. Frist (for himself and Mr. Daschle)) 
proposed an amendment to the bill H.R. 2673, 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; as follows:


[[Page 27250]]

       On page 79, between lines 7 and 8, insert the following:

     SEC. 7__. 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).''.
                                 ______
                                 
  SA 2113. Mr. BENNETT (for Mr. Thomas (for himself, Mr. Bingaman, and 
Mr. Hagel)) proposed an amendment to the bill H.R. 1442, to authorize 
the design and construction of a visitor center for the Vietnam 
Veterans Memorial; as follows:

       Strike all after the enacting clause and insert the 
     following:

           TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER

     SEC. 101. VISITOR CENTER

       Public Law 96-297 (16 U.S.C. 431 note) is amended by adding 
     at the end the following:

     ``SEC. 6. VISITOR CENTER.

       ``(a) Authorization.--
       ``(1) In general.--The Vietnam Veterans Memorial Fund, 
     Inc., is authorized to construct a visitor center at or near 
     the Vietnam Veterans Memorial on Federal land in the District 
     of Columbia, or its environs, subject to the provisions of 
     this section, in order to better inform and educate the 
     public about the Vietnam Veterans Memorial and the Vietnam 
     War.
       ``(2) Location.--The visitor center shall be located 
     underground.
       ``(3) Consultation on design phase.--The Vietnam Veterans 
     Memorial Fund, Inc. shall consult with educators, veterans 
     groups, and the National Park Service in developing the 
     proposed design of the visitor center.
       ``(b) Compliance With Standards Applicable to Commemorative 
     Works.--Chapter 89 of title 40, United States Code, shall 
     apply, including provisions related to the siting, design, 
     construction, and maintenance of the

[[Page 27251]]

     visitor center, and the visitor center shall be considered a 
     commemorative work for the purposes of that Act, except 
     that--
       ``(1) final approval of the visitor center shall not be 
     withheld;
       ``(2) the provisions of subsections (b) and (c) of section 
     8908 of title 40, United States Code, requiring further 
     approval by law for the location of a commemorative work 
     within Area I and prohibiting the siting of a visitor center 
     within the Reserve shall not apply;
       ``(3) the size of the visitor center shall be limited to 
     the minimum necessary--
       ``(A) to provide for appropriate educational and 
     interpretive functions; and
       ``(B) to prevent interference or encroachment on the 
     Vietnam Veterans Memorial and to protect open space and 
     visual sightlines on the Mall; and
       ``(4) the visitor center shall be constructed and 
     landscaped in a manner harmonious with the site of the 
     Vietnam Veterans Memorial, consistent with the special nature 
     and sanctity of the Mall.
       ``(c) Operation and Maintenance.--
       ``(1) In general.--The Secretary of the Interior shall--
       ``(A) operate and maintain the visitor center, except that 
     the Secretary shall enter into a written agreement with the 
     Vietnam Veterans Memorial Fund, Inc. for specified 
     maintenance needs of the visitor center, as determined by the 
     Secretary; and
       ``(B) as soon as practicable, in consultation with 
     educators and veterans groups, develop a written interpretive 
     plan for the visitor center in accordance with National Park 
     Service policy.
       ``(2) Donation for perpetual maintenance and 
     preservation.--Paragraph (1)(A) does not waive the 
     requirements of section 8906(b) of title 40, United States 
     Code, with respect to the visitor center.
       ``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc. 
     shall be solely responsible for acceptance of contributions 
     for, and payment of expenses of, the establishment of the 
     visitor center. No Federal funds shall be used to pay any 
     expense of the establishment of the visitor center.''.

                     TITLE II--COMMEMORATIVE WORKS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Commemorative Works 
     Clarification and Revision Act of 2003''.

     SEC. 202. ESTABLISHMENT OF RESERVE.

       (a) Findings.--Congress finds that--
       (1) the great cross-axis of the Mall in the District of 
     Columbia, which generally extends from the United States 
     Capitol to the Lincoln Memorial, and from the White House to 
     the Jefferson Memorial, is a substantially completed work of 
     civic art; and
       (2) to preserve the integrity of the Mall, a reserve area 
     should be designated within the core of the great cross-axis 
     of the Mall where the siting of new commemorative works is 
     prohibited.
       (b) Reserve.--Section 8908 of title 40, United States Code, 
     is amended by adding at the end the following:
       ``(c) Reserve.--After the date of enactment of the 
     Commemorative Works Clarification and Revision Act of 2003, 
     no commemorative work or visitor center shall be located 
     within the Reserve.''.

     SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.

       (a) Purposes.--Section 8901(2) of title 40, United States 
     Code, is amended by striking ``Columbia;'' and inserting 
     ``Columbia and its environs, and to encourage the location of 
     commemorative works within the urban fabric of the District 
     of Columbia;''.
       (b) Definitions.--Section 8902 of title 40, United States 
     Code, is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Definitions.--In this chapter:
       ``(1) Commemorative work.--The term `commemorative work' 
     means any statue, monument, sculpture, memorial, plaque, 
     inscription, or other structure or landscape feature, 
     including a garden or memorial grove, designed to perpetuate 
     in a permanent manner the memory of an individual, group, 
     event or other significant element of American history, 
     except that the term does not include any such item which is 
     located within the interior of a structure or a structure 
     which is primarily used for other purposes.
       ``(2) The district of columbia and its environs.--The term 
     `the District of Columbia and its environs' means those lands 
     and properties administered by the National Park Service and 
     the General Services Administration located in the Reserve, 
     Area I, and Area II as depicted on the map entitled 
     `Commemorative Areas Washington, DC and Environs', numbered 
     869/86501 B, and dated June 24, 2003.
       ``(3) Reserve.--The term `Reserve' means the great cross-
     axis of the Mall, which generally extends from the United 
     States Capitol to the Lincoln Memorial, and from the White 
     House to the Jefferson Memorial, as depicted on the map 
     referenced in paragraph (2).
       ``(4) Sponsor.--The term `sponsor' means a public agency, 
     or an individual, group or organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code, and which 
     is authorized by Congress to establish a commemorative work 
     in the District of Columbia and its environs.''.
       (c) Authorization.--Section 8903 of title 40, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``work commemorating a lesser conflict'' 
     and inserting ``work solely commemorating a limited military 
     engagement''; and
       (B) by striking ``the event'' and inserting ``such war or 
     conflict'';
       (2) in subsection (d)--
       (A) by striking ``Consultation with National Capital 
     Memorial Commission.--'' and inserting ``Consultation with 
     National Capital Memorial Advisory Commission.--'';
       (B) by striking ``House Administration'' and inserting 
     ``Resources''; and
       (C) by inserting ``Advisory'' before ``Commission''; and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Expiration of Legislative Authority.--Any legislative 
     authority for a commemorative work shall expire at the end of 
     the seven-year period beginning on the date of the enactment 
     of such authority, or at the end of the seven-year period 
     beginning on the date of the enactment of legislative 
     authority to locate the commemorative work within Area I, if 
     such additional authority has been granted, unless--
       ``(1) the Secretary of the Interior or the Administrator of 
     General Services (as appropriate) has issued a construction 
     permit for the commemorative work during that period; or
       ``(2) the Secretary or the Administrator (as appropriate), 
     in consultation with the National Capital Memorial Advisory 
     Commission, has made a determination that--
       ``(A) final design approvals have been obtained from the 
     National Capital Planning Commission and the Commission of 
     Fine Arts; and
       ``(B) 75 percent of the amount estimated to be required to 
     complete the commemorative work has been raised.

     If these two conditions have been met, the Secretary or the 
     Administrator (as appropriate) may extend the seven-year 
     legislative authority for a period not to exceed three 
     additional years. Upon expiration of the legislative 
     authority, any previous site and design approvals shall also 
     expire.''.
       (d) National Capital Memorial Advisory Commission.--Section 
     8904 of title 40, United States Code, is amended--
       (1) in the heading, by inserting ``ADVISORY'' before 
     ``COMMISSION'';
       (2) in subsection (a), by striking ``There is a National'' 
     and all that follows through ``consists of'' and inserting 
     the following: ``There is established the National Capital 
     Memorial Advisory Commission, which shall be composed of'';
       (3) in subsection (c)--
       (A) by inserting ``Advisory'' before ``Commission shall''; 
     and
       (B) by striking ``Services'' and inserting ``Services (as 
     appropriate)''; and
       (4) in subsection (d) by inserting ``Advisory'' before 
     ``Commission''.
       (e) Site and Design Approval.--Section 8905 of title 40, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``person'' each place it appears and 
     inserting ``sponsor''; and
       (B) in paragraph (1)--
       (i) by inserting ``Advisory'' before ``Commission''; and
       (ii) by striking ``designs'' and inserting ``design 
     concepts''; and
       (2) in subsection (b)--
       (A) by striking ``Secretary, and Administrator'' and 
     inserting ``and the Secretary or Administrator (as 
     appropriate)''; and
       (B) in paragraph (2)(B), by striking, ``open space and 
     existing public use.'' and inserting ``open space, existing 
     public use, and cultural and natural resources.''.
       (f) Criteria for Issuance of Construction Permit.--Section 
     8906 of title 40, United States Code, is amended--
       (1) in subsection (a)(3) and (a)(4) by striking ``person'' 
     and inserting ``sponsor''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Donation for Perpetual Maintenance and 
     Preservation.--
       ``(1) In addition to the criteria described above in 
     subsection (a), no construction permit shall be issued unless 
     the sponsor authorized to construct the commemorative work 
     has donated an amount equal to 10 percent of the total 
     estimated cost of construction to offset the costs of 
     perpetual maintenance and preservation of the commemorative 
     work. All such amounts shall be available for those purposes 
     pursuant to the provisions of this subsection. The provisions 
     of this subsection shall not apply in instances when the 
     commemorative work is constructed by a Department or agency 
     of the Federal Government and less than 50 percent of the 
     funding for such work is provided by private sources.
       ``(2) Notwithstanding any other provision of law, money on 
     deposit in the Treasury on the date of enactment of the 
     Commemorative Works Clarification and Revision Act of 2003 
     provided by a sponsor for maintenance pursuant to this 
     subsection shall be credited to a separate account in the 
     Treasury.
       ``(3) Money provided by a sponsor pursuant to the 
     provisions of this subsection after the

[[Page 27252]]

     date of enactment of the Commemorative Works Clarification 
     and Revision Act of 2003 shall be credited to a separate 
     account with the National Park Foundation.
       ``(4) Upon request of the Secretary or Administrator (as 
     appropriate), the Secretary of the Treasury or the National 
     Park Foundation shall make all or a portion of such moneys 
     available to the Secretary or the Administrator (as 
     appropriate) for the maintenance of a commemorative work. 
     Under no circumstances may the Secretary or Administrator 
     request funds from a separate account exceeding the total 
     money in the account established under paragraph (2) or (3). 
     The Secretary and the Administrator shall maintain an 
     inventory of funds available for such purposes. Funds 
     provided under this paragraph shall be available without 
     further appropriation and shall remain available until 
     expended.''.
       (g) Areas I and II.--Section 8908(a) of title 40, United 
     States Code, is amended--
       (1) by striking ``Secretary of the Interior and 
     Administrator of General Services'' and inserting ``Secretary 
     of the Interior or the Administrator of General Services (as 
     appropriate)''; and
       (2) by striking ``numbered 869/86581, and dated May 1, 
     1986'' and inserting ``entitled `Commemorative Areas 
     Washington, DC and Environs', numbered 869/86501 B, and dated 
     June 24, 2003''.

     SEC. 204. SITE AND DESIGN CRITERIA.

       Section 8905(b) of title 40, United States Code (as amended 
     by section 203(e)), is amended by adding at the end the 
     following:
       ``(5) Museums.--No commemorative work primarily designed as 
     a museum may be located on lands under the jurisdiction of 
     the Secretary in Area I or in East Potomac Park as depicted 
     on the map referenced in section 8902(2).
       ``(6) Site-specific guidelines.--The National Capital 
     Planning Commission and the Commission of Fine Arts may 
     develop such criteria or guidelines specific to each site 
     that are mutually agreed upon to ensure that the design of 
     the commemorative work carries out the purposes of this 
     chapter.
       ``(7) Donor contributions.--Donor contributions to 
     commemorative works shall not be acknowledged in any manner 
     as part of the commemorative work or its site.''.

     SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.

       Except for the provision in the amendment made by section 
     202(b) prohibiting a visitor center from being located in the 
     Reserve (as defined in section 8902 of title 40, United 
     States Code), nothing in this title shall apply to a 
     commemorative work for which a site was approved in 
     accordance with chapter 89 of title 40, United States Code, 
     prior to the date of enactment of this title.

     SEC. 206. NATIONAL PARK SERVICE REPORTS.

       Within six months after the date of enactment of this 
     title, the Secretary of the Interior, in consultation with 
     the National Capital Planning Commission and the Commission 
     of Fine Arts, shall submit to the Committee on Energy and 
     Natural Resources of the United States Senate, and to the 
     Committee on Resources of the United States House of 
     Representatives reports setting forth plans for the 
     following:
       (1) To relocate, as soon as practicable after the date of 
     enactment of this Act, the National Park Service's stable and 
     maintenance facilities that are within the Reserve (as 
     defined in section 8902 of title 40, United States Code).
       (2) To relocate, redesign or otherwise alter the concession 
     facilities that are within the Reserve to the extent 
     necessary to make them compatible with the Reserve's 
     character.
       (3) To limit the sale or distribution of permitted 
     merchandise to those areas where such activities are less 
     intrusive upon the Reserve, and to relocate any existing sale 
     or distribution structures that would otherwise be 
     inconsistent with the plan.
       (4) To make other appropriate changes, if any, to protect 
     the character of the Reserve.
                                 ______
                                 
  SA 2114. Mr. BENNETT (for Ms. Collins) proposed an amendment to the 
bill S. 589, to strengthen and improve the management of national 
security, encourage Government service in areas of critical national 
security, and to assist government agencies in addressing deficiencies 
in personnel possessing specialized skills important to national 
security and incorporating the goals and strategies for recruitment and 
retention for such skilled personnel into the strategic and performance 
management systems of Federal agencies; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeland Security Federal 
     Workforce Act of 2003''.

     SEC. 2. FINDINGS, PURPOSE, AND EFFECT OF LAW.

       (a) Findings.--Congress makes the following findings:
       (1) The security of the United States requires the fullest 
     development of the intellectual resources and technical 
     skills of its young men and women.
       (2) The security of the United States depends upon the 
     mastery of modern techniques developed from complex 
     scientific principles. It depends as well upon the discovery 
     and development of new principles, new techniques, and new 
     knowledge.
       (3) The United States finds itself on the brink of an 
     unprecedented human capital crisis in Government. Due to 
     increasing competition from the private sector in recruiting 
     high-caliber individuals, Government departments and 
     agencies, particularly those involved in national security 
     affairs, are finding it hard to attract and retain talent.
       (4) The United States must strengthen Federal civilian and 
     military personnel systems in order to improve recruitment, 
     retention, and effectiveness at all levels.
       (5) The ability of the United States to exercise 
     international leadership is, and will increasingly continue 
     to be, based on the political and economic strength of the 
     United States, as well as on United States military strength 
     around the world.
       (6) The Federal Government has an interest in ensuring that 
     the employees of its departments and agencies with national 
     security responsibilities are prepared to meet the challenges 
     of this changing international environment.
       (7) In January 2001, the General Accounting Office reported 
     that, at the Department of Defense ``attrition among first-
     time enlistees has reached an all-time high. The services 
     face shortages among junior officers, and problems in 
     retaining intelligence analysts, computer programmers, and 
     pilots.'' The General Accounting Office also warned of the 
     Immigration and Naturalization Service's ``lack of staff to 
     perform intelligence functions and unclear guidance for 
     retrieving and analyzing information.''
       (8) The United States Commission on National Security also 
     cautioned that ``the U.S. need for the highest quality human 
     capital in science, mathematics, and engineering is not being 
     met.'' The Commission wrote, ``we must ensure the highest 
     caliber human capital in public service. U.S. national 
     security depends on the quality of the people, both civilian 
     and military, serving within the ranks of government.''
       (9) The events on and after September 11th have highlighted 
     the weaknesses in the Federal and State government's human 
     capital and its personnel management practices, especially as 
     it relates to our national security.
       (b) Purposes.--It is the purpose of this Act to--
       (1) provide attractive incentives to recruit capable 
     individuals for Government and military service; and
       (2) provide the necessary resources, accountability, and 
     flexibility to meet the national security educational needs 
     of the United States, especially as such needs change over 
     time.
       (c) Effect of Law.--Nothing in this Act, or an amendment 
     made by this Act, shall be construed to affect the collective 
     bargaining unit status or rights of any Federal employee.

TITLE I--PILOT PROGRAM FOR STUDENT LOAN REPAYMENT FOR FEDERAL EMPLOYEES 
                     IN NATIONAL SECURITY POSITIONS

     SEC. 101. STUDENT LOAN REPAYMENTS.

       (a) In General.--Subchapter VII of chapter 53 of title 5, 
     United States Code, is amended by inserting after section 
     5379, the following:

     ``Sec. 5379a. Pilot program for student loan repayment for 
       Federal employees in national security positions

       ``(a) In this section:
       ``(1) The term `agency' means the Department of Defense, 
     the Department of Homeland Security, the Department of State, 
     the Department of Energy, the Department of the Treasury, the 
     Department of Justice, the National Security Agency, and the 
     Central Intelligence Agency.
       ``(2) The term `national security position' means an 
     employment position determined by the head of an agency for 
     the purposes of a pilot program established under this 
     section, to involve important homeland security applications.
       ``(3) The term `student loan' means--
       ``(A) a loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) a loan made under part D or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa 
     et seq.); and
       ``(C) a health education assistance loan made or insured 
     under part A of title VII of the Public Health Service Act 
     (42 U.S.C. 292 et seq.) or under part E of title VIII of such 
     Act (42 U.S.C. 297a et seq.).
       ``(b)(1) The head of an agency shall, in order to recruit 
     or retain highly qualified professional personnel, establish 
     a pilot program under which the head of that agency may agree 
     to repay (by direct payments on behalf of the employee) any 
     student loan previously taken out by such employee if the 
     employee is employed by the agency in a national security 
     position. The head of an agency may provide for a program to 
     apply to, and be administered with respect to, 1 or more 
     organizational units of the agency.
       ``(2) Payments under this section shall be made subject to 
     such terms, limitations, or conditions as may be mutually 
     agreed to by the agency and employee concerned.

[[Page 27253]]

       ``(3) The amount paid by the agency on behalf of an 
     employee under this section may not exceed $10,000 in any 
     calendar year toward the remaining balance of the student 
     loan for each year that the employee remains in service in 
     the position, except that the employee shall remain in such 
     position for at least 3 years. The maximum total amount that 
     may be paid on behalf of an employee under this paragraph 
     shall be $60,000.
       ``(4) An employee may participate in the program under 
     section 5379 and any program under this section at the same 
     time, except the total amount paid by all agencies on behalf 
     of that employee under section 5379 and this section may not 
     exceed--
       ``(A) $10,000 in any calendar year; or
       ``(B) $60,000 in total.
       ``(5) Nothing in this section shall be considered to 
     authorize an agency to pay any amount to reimburse an 
     employee for any repayments made by such employee prior to 
     the agency's entering into an agreement under this section 
     with such employee.
       ``(6) Nothing in this section shall be construed--
       ``(A) to affect student loan repayment programs existing on 
     the date of enactment of this section;
       ``(B) to revoke or rescind any existing law, collective 
     bargaining agreement, or recognition of a labor organization;
       ``(C) to authorize the head of an agency to determine 
     national security positions for any other purpose other than 
     to make such determinations as are required by this section 
     in order to carry out the purposes of this section; or
       ``(D) as a basis for determining the exemption of any 
     position from inclusion in a bargaining unit under chapter 71 
     of title 5, United States Code, or from the right of any 
     incumbent of a national security position determined by the 
     head of an agency under this section, from entitlement to all 
     rights and benefits under such chapter.
       ``(c)(1)(A) Not later than 6 months after the date of 
     enactment of this section, the Director of the Office of 
     Personnel Management shall report to the appropriate 
     committees of Congress on the implementation of the program 
     under this section.
       ``(B) Not later than 4 years after the date of enactment of 
     this section, the Director of the Office of Personnel 
     Management shall report to the appropriate committees of 
     Congress on the status of the programs established under this 
     section and the success of such programs in recruiting and 
     retaining employees for national security positions, 
     including an assessment as to whether the program should be 
     expanded to other agencies or to non-national security 
     positions to improve overall Federal workforce recruitment 
     and retention.
       ``(2) The head of each agency establishing a program under 
     this section shall provide any necessary information to the 
     Office of Personnel Management to carry out this subsection.
       ``(d) An employee shall not be eligible for benefits under 
     this section if such employee--
       ``(1) occupies a position that is excepted from the 
     competitive service because of its confidential, policy-
     determining, policy-making, or policy-advocating character; 
     or
       ``(2) does not occupy a national security position.
       ``(e)(1) An employee selected to receive benefits under 
     this section shall agree in writing, before receiving any 
     such benefit, that the employee shall--
       ``(A) remain in the service of the agency in a national 
     security position for a period to be specified in the 
     agreement, but not less than 3 years, unless involuntarily 
     separated; and
       ``(B) if separated involuntarily on account of misconduct, 
     or voluntarily, before the end of the period specified in the 
     agreement, repay to the Government the amount of any benefits 
     received by such employee from that agency under this 
     section.
       ``(2) The repayment provided for under paragraph (1)(B) may 
     not be required of an employee who leaves the service of such 
     employee's agency voluntarily to enter into the service of 
     any other agency unless the head of the agency that 
     authorized the benefits notifies the employee before the 
     effective date of such employee's entrance into the service 
     of the other agency that repayment will be required under 
     this subsection.
       ``(3) If an employee who is involuntarily separated on 
     account of misconduct or who (excluding any employee relieved 
     of liability under paragraph (2)) is voluntarily separated 
     before completing the required period of service fails to 
     repay the amount provided for under paragraph (1)(B), a sum 
     equal to the amount outstanding is recoverable by the 
     Government from the employee (or such employee's estate, if 
     applicable) by--
       ``(A) setoff against accrued pay, compensation, amount of 
     retirement credit, or other amount due the employee from the 
     Government; and
       ``(B) such other method as is provided for by law for the 
     recovery of amounts owing to the Government.
       ``(4) The head of the agency concerned may waive, in whole 
     or in part, a right of recovery under this subsection if it 
     is shown that recovery would be against equity and good 
     conscience or against the public interest.
       ``(5) Any amount repaid by, or recovered from, an 
     individual (or an estate) under this subsection shall be 
     credited to the appropriation, fund, or account from which 
     the original payment was made. Any amount so credited shall 
     be merged with other sums in such appropriation, fund, or 
     account and shall be available for the same purposes and 
     period, and subject to the same limitations (if any), as the 
     sums with which merged.
       ``(f) An employee receiving benefits under this section 
     from an agency shall be ineligible for continued benefits 
     under this section from such agency if the employee--
       ``(1) separates from such agency; or
       ``(2) does not maintain an acceptable level of performance, 
     as determined under standards and procedures which the agency 
     head shall by regulation prescribe.
       ``(g) In selecting employees to receive benefits under this 
     section, an agency shall, consistent with the merit system 
     principles set forth in paragraphs (1) and (2) of section 
     2301(b) of this title, take into consideration the need to 
     maintain a balanced workforce in which women and members of 
     racial and ethnic minority groups are appropriately 
     represented in Government service.
       ``(h) Any benefit under this section shall be in addition 
     to basic pay and any other form of compensation otherwise 
     payable to the employee involved.
       ``(i)(1) Not later than 60 days after the date of enactment 
     of this section and after consultations with the heads of 
     agencies, the Office of Personnel Management shall propose 
     regulations for criteria to be used by the heads of agencies 
     to make determinations of national security positions.
       ``(2) Not later than 180 days after the date on which the 
     comment period for proposed regulations under paragraph (1) 
     ends, the Office of Personnel Management shall promulgate 
     final regulations containing such criteria.
       ``(j) A program established under this section may remain 
     in effect for the 8-year period beginning on the date of 
     enactment of this section. Such program shall continue to pay 
     employees recruited under this program who are in compliance 
     with this section their benefits through their commitment 
     period regardless of the preceding sentence.
       ``(k) For the purpose of enabling the Federal Government to 
     recruit and retain employees critical to the national 
     security under this section, there are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section for each fiscal year.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 53 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5379 
     the following:

``5379a. Pilot program for student loan repayment for Federal employees 
              in national security positions.''.

 TITLE II--FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL SERVICE 
                  AND NATIONAL SECURITY SERVICE CORPS

     SEC. 201. FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL 
                   SERVICE.

       The David L. Boren National Security Education Act of 1991 
     (50 U.S.C. 1901 et seq.) is amended by inserting after 
     section 802 the following:

     ``SEC. 802A. FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER 
                   FEDERAL SERVICE.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means the Department of 
     Defense, the Department of Homeland Security, the Department 
     of State, the Department of Energy, the Department of the 
     Treasury, the Department of Justice, the National Security 
     Agency, and the Central Intelligence Agency, and other 
     Federal Government agencies as determined by the Board.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given to 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       ``(3) National security position.--The term `national 
     security position' means an employment position determined by 
     the Board, in consultation with an agency, for the purposes 
     of a program established under this section, to involve 
     important homeland security applications.
       ``(4) Science.--The term `science' means any of the natural 
     and physical sciences including chemistry, biology, physics, 
     and computer science. Such term does not include any of the 
     social sciences.
       ``(b) In General.--The Board shall establish and implement 
     a program for the awarding of fellowships (to be known as 
     `National Security Fellowships') to graduate students who, in 
     exchange for receipt of the fellowship, agree to employment 
     with the Federal Government in a national security position. 
     The Board may provide for the program to apply to, and be 
     administered with respect to, 1 or more organizational units 
     of an agency.
       ``(c) Eligibility.--To be eligible to participate in the 
     program established under subsection (b), a student shall--
       ``(1) have been accepted into a graduate school program at 
     an accredited institution of higher education within the 
     United States and be pursuing or intend to pursue graduate

[[Page 27254]]

     education in the United States in the disciplines of foreign 
     languages, science, mathematics, engineering, 
     nonproliferation education, or other international fields 
     that are critical areas of national security (as determined 
     by the Board);
       ``(2) be a United States citizen, United States national, 
     permanent legal resident, or citizen of the Freely Associated 
     States; and
       ``(3) agree to employment with an agency or office of the 
     Federal Government in a national security position.
       ``(d) Service Agreement.--In awarding a fellowship under 
     the program under this section, the Board shall require the 
     recipient to enter into an agreement under which, in exchange 
     for such assistance, the recipient--
       ``(1) will maintain satisfactory academic progress (as 
     determined in accordance with regulations issued by the 
     Board) and provide regularly scheduled updates to the Board 
     on the progress of their education and how their employment 
     continues to relate to a national security objective of the 
     Federal Government;
       ``(2) will, upon completion of such education, be employed 
     by the agency for which the fellowship was awarded for a 
     period of at least 3 years as specified by the Board; and
       ``(3) agrees that if the recipient is unable to meet either 
     of the requirements described in paragraph (1) or (2), the 
     recipient will reimburse the United States for the amount of 
     the assistance provided to the recipient under the 
     fellowship, together with interest at a rate determined in 
     accordance with regulations issued by the Board, but not 
     higher than the rate generally applied in connection with 
     other Federal education loans.
       ``(e) Federal Employment Eligibility.--If a recipient of a 
     fellowship under this section demonstrates to the 
     satisfaction of the Board that, after completing their 
     education, the recipient is unable to obtain a national 
     security position in the Federal Government because such 
     recipient is not eligible for a security clearance or other 
     applicable clearance necessary for such position, the Board 
     may permit the recipient to fulfill the service obligation 
     under the agreement under subsection (d) by working in 
     another office or agency in the Federal Government for which 
     their skills are appropriate, by teaching math, science, or 
     foreign languages, or by performing research, at an 
     institution of higher education, for a period of not less 
     than 3 years, in the area of study for which the fellowship 
     was awarded.
       ``(f) Fellowship Selection.--
       ``(1) In general.--The Board shall consult with agencies in 
     the selection and placement of national security fellows 
     under this section.
       ``(2) Functions.--The Board shall carry out the following 
     functions:
       ``(A) Develop criteria for awarding fellowships under this 
     section.
       ``(B) Provide for the wide dissemination of information 
     regarding the activities assisted under this section.
       ``(C) Establish qualifications for students desiring 
     fellowships under this section, including a requirement that 
     the student have a demonstrated commitment to the study of 
     the discipline for which the fellowship is to be awarded.
       ``(D) Provide for the establishment and semiannual update 
     of a list of fellowship recipients, including an 
     identification of their skills, who are available to work in 
     a national security position.
       ``(E) Not later than 30 days after a fellowship recipient 
     completes the study or education for which assistance was 
     provided under this section, work in conjunction with 
     agencies to make reasonable efforts to hire and place the 
     fellow in an appropriate national security position.
       ``(F) Review the administration of the program established 
     under this section.
       ``(G) Develop and provide to Congress a strategic plan that 
     identifies the skills needed by the Federal national security 
     workforce and how the provisions of this Act, and related 
     laws, regulations, and policies will be used to address such 
     needs.
       ``(g) Special Consideration for Current Federal 
     Employees.--
       ``(1) Set aside of fellowships.--Twenty percent of the 
     fellowships awarded under this section shall be set aside for 
     Federal employees who are working in national security 
     positions on the date of enactment of this section to enhance 
     the education and training of such employees in areas 
     important to national security.
       ``(2) Full- or part-time education.--Federal employees who 
     are awarded fellowships under paragraph (1) shall be 
     permitted to obtain advanced education under the fellowship 
     on a full-time or part-time basis.
       ``(3) Part-time education.--A Federal employee who pursues 
     education or training under a fellowship under paragraph (1) 
     on a part-time basis shall be eligible for a stipend in an 
     amount which, when added to the employee's part-time 
     compensation, does not exceed the amount described in 
     subsection (i)(2).
       ``(h) Fellowship Service.--Any individual under this 
     section who is employed by the Federal Government in a 
     national security position shall be able to count the time 
     that the individual spent in the fellowship program towards 
     the time requirement for a reduction in student loans as 
     described in section 5379a of title 5, United States Code.
       ``(i) Amount of Award.--A National Security Fellow who 
     complies with the requirements of this section may receive 
     funding under the fellowship for up to 3 years at an amount 
     determined appropriate by the Board, but not to exceed the 
     sum of--
       ``(1) the amount of tuition paid by the fellow; and
       ``(2) a stipend in an amount equal to the maximum stipend 
     available to recipients of fellowships under section 10 of 
     the National Science Foundation Act of 1950 (42 U.S.C. 1869) 
     for the year involved.
       ``(j) Consultation With Chief Human Capital Officers.--The 
     Board shall consult with the chief human capital officers of 
     participating agencies in carrying out this section.
       ``(k) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to authorize the Board to determine national security 
     positions for any other purpose other than to make such 
     determinations as are required by this section in order to 
     carry out the purposes of this section; and
       ``(2) as a basis for determining the exemption of any 
     position from inclusion in a bargaining unit under chapter 71 
     of title 5, United States Code, or from the right of any 
     incumbent of a national security position determined by the 
     Board under this section, from entitlement to all rights and 
     benefits under such chapter.
       ``(l) Authorization of Appropriations.--For the purpose of 
     enabling the Board to provide for the recruitment and 
     retention of highly qualified employees in national security 
     positions, there are authorized to be appropriated 
     $100,000,000 for fiscal year 2004, and such sums as may be 
     necessary for each fiscal year thereafter.''.

     SEC. 202. NATIONAL SECURITY SERVICE CORPS.

       The David L. Boren National Security Education Act of 1991 
     (50 U.S.C. 1901 et seq.) is amended by inserting after 
     section 802a (as added by section 201 of this Act) the 
     following:

     ``SEC. 802B. NATIONAL SECURITY SERVICE CORPS.

       ``(a) Findings and Purposes.--
       ``(1) Findings.--Congress finds that--
       ``(A) a proficient national security workforce requires 
     certain skills and knowledge, and effective professional 
     relationships; and
       ``(B) a national security workforce will benefit from the 
     establishment of a National Security Service Corps.
       ``(2) Purposes.--The purposes of this section are to--
       ``(A) provide mid-level employees in national security 
     positions within agencies the opportunity to broaden their 
     knowledge through exposure to other agencies;
       ``(B) expand the knowledge base of national security 
     agencies by providing for rotational assignments of their 
     employees at other agencies;
       ``(C) build professional relationships and contacts among 
     the employees and agencies of the national security 
     community; and
       ``(D) invigorate the national security community with 
     exciting and professionally rewarding opportunities.
       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means the Department of 
     Defense, the Department of Homeland Security, the Department 
     of State, the Department of Energy, the Department of the 
     Treasury, the Department of Justice, and the National 
     Security Agency.
       ``(2) Corps.--The term `Corps' means the National Security 
     Service Corps.
       ``(3) Corps position.--The term `corps position' means a 
     position that--
       ``(A) is a position--
       ``(i) at or above GS-12 of the General Schedule; or
       ``(ii) in the Senior Executive Service;
       ``(B) the duties of which do not relate to intelligence 
     support for policy; and
       ``(C) is designated by the head of an agency as a Corps 
     position.
       ``(c) Goals and Administration.--The Board shall--
       ``(1) formulate the goals of the Corps;
       ``(2) resolve any issues regarding the feasibility of 
     implementing this section;
       ``(3) evaluate relevant civil service rules and regulations 
     to determine the desirability of seeking legislative changes 
     to facilitate application of the General Schedule and Senior 
     Executive Service personnel systems to the Corps;
       ``(4) create specific provisions for agencies regarding 
     rotational programs;
       ``(5) formulate interagency compacts and cooperative 
     agreements between and among agencies relating to--
       ``(A) the establishment and function of the Corps;
       ``(B) incentives for individuals to participate in the 
     Corps;
       ``(C) professional education and training;
       ``(D)(i) the process for competition for a Corps position;
       ``(ii) which individuals may compete for Corps positions; 
     and
       ``(iii) any employment preferences an individual 
     participating in the Corps may have when returning to the 
     employing agency of that individual; and
       ``(E) any other issues relevant to the establishment and 
     continued operation of the Corps; and
       ``(6) not later than 180 days after the date of enactment 
     of this section, submit a report

[[Page 27255]]

     to the Office of Personnel Management on all findings and 
     relevant information on the establishment of the Corps.
       ``(d) Corps.--
       ``(1) Proposed regulations.--Not later than 180 days after 
     the date on which the report is submitted under subsection 
     (c)(6), the Board shall publish in the Federal Register, 
     proposed regulations describing the purpose, and providing 
     for the establishment and operation of the Corps.
       ``(2) Comment period.--The Board shall provide for--
       ``(A) a period of 60 days for comments from all 
     stakeholders on the proposed regulations; and
       ``(B) a period of 180 days following the comment period for 
     making modifications to the regulations.
       ``(3) Final regulations.--After the 180-day period 
     described under paragraph (2)(B), the Board shall promulgate 
     final regulations that--
       ``(A) establish the Corps;
       ``(B) provide guidance to agencies to designate Corps 
     positions;
       ``(C) provide for individuals to perform periods of service 
     of not more than 2 years at a Corps position within agencies 
     on a rotational basis;
       ``(D) establish eligibility for individuals to participate 
     in the Corps;
       ``(E) enhance career opportunities for individuals 
     participating in the Corps;
       ``(F) provide for the Corps to develop a group of policy 
     experts with broad-based experience throughout the executive 
     branch; and
       ``(G) provide for greater interaction among agencies with 
     traditional national security functions.
       ``(4) Actions by agencies.--Not later than 180 days after 
     the promulgation of final regulations under paragraph (3), 
     each agency shall--
       ``(A) designate Corps positions;
       ``(B) establish procedures for implementing this section; 
     and
       ``(C) begin active participation in the operation of the 
     Corps.
       ``(e) Consultation With Chief Human Capital Officers.--The 
     Board shall consult with the chief human capital officers of 
     participating agencies in carrying out this section.
       ``(f) Allowances, Privileges, and Benefits.--An employee 
     serving on a rotational basis with another agency under this 
     section is deemed to be detailed and, for the purpose of 
     preserving allowances, privileges, rights, seniority, and 
     other benefits with respect to the employee, is deemed to be 
     an employee of the original employing agency and is entitled 
     to the pay, allowances, and benefits from funds available to 
     that agency.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Board such sums as may 
     be necessary to carry out this section.''.

     SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.

       The David L. Boren National Security Education Act of 1991 
     (50 U.S.C. 1901 et seq.) is amended--
       (1) in section 803(b)--
       (A) by redesignating paragraphs (5) through (7) as 
     paragraphs (7) through (9), respectively; and
       (B) by inserting after paragraph (4) the following:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Attorney General of the United States.'';
       (2) in section 803(c), by striking ``subsection (b)(6)'' 
     and inserting ``subsection (b)(8)'';
       (3) in section 804(b)(1), by inserting ``, including 
     section 802a'' before the semicolon;
       (4) by inserting after section 807, the following:

     ``SEC. 807A. NONAPPLICATION OF PROVISIONS TO CERTAIN GRADUATE 
                   STUDENT FELLOWSHIPS AND THE NATIONAL SECURITY 
                   SERVICE CORPS.

       ``Sections 805, 806, and 807 shall not apply with respect 
     to section 802a or 802b.''; and
       (5) in section 808(4), by striking ``The term'' and 
     inserting ``Except as provided under section 802a, the 
     term''.

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. STRATEGIC PLANS.

       Section 306(a) of title 5, United States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) a description of how the goals and objectives are to 
     be achieved, including a description of the operational 
     processes, training, skills and technology, and the human, 
     capital, information, and other resources required to meet 
     those goals and objectives.'';
       (2) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) a discussion of the extent to which the specific 
     skills in the agency's human capital are needed to achieve 
     the mission, goals, and objectives of the agency;''.

                          ____________________