In the Senate of the United States,

November 6, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2673) entitled ‘‘An Act making appropriations for

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for Ag3 riculture, Rural Development, Food and Drug Administra4 tion, and Related Agencies programs for the fiscal year end5 ing September 30, 2004, and for other purposes, namely:
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1 TITLE I

2 AGRICULTURAL PROGRAMS

3 PRODUCTION, PROCESSING, AND MARKETING

4 OFFICE OF THE SECRETARY

5 For necessary expenses of the Office of the Secretary

6 of Agriculture, $10,046,000: Provided, That not to exceed

7 $11,000 of this amount shall be available for official recep8 tion and representation expenses, not otherwise provided

9 for, as determined by the Secretary.

10 EXECUTIVE OPERATIONS

11 CHIEF ECONOMIST

12 For necessary expenses of the Chief Economist, includ13 ing economic analysis, risk assessment, cost-benefit anal14 ysis, energy and new uses, and the functions of the World

15 Agricultural Outlook Board, as authorized by the Agricul16 tural Marketing Act of 1946 (7 U.S.C. 1622g), $8,707,000.

17 NATIONAL APPEALS DIVISION

18 For necessary expenses of the National Appeals Divi19 sion, $13,997,000.

20 OFFICE OF BUDGET AND PROGRAM ANALYSIS

21 For necessary expenses of the Office of Budget and Pro22 gram Analysis, $7,544,000.

23 HOMELAND SECURITY STAFF

24 For necessary expenses of the Homeland Security

25 Staff, $910,000.
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1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief Infor3 mation Officer, $15,710,000.

4 COMMON COMPUTING ENVIRONMENT

5 For necessary expenses to acquire a Common Com6 puting Environment for the Natural Resources Conserva7 tion Service, the Farm and Foreign Agricultural Service

8 and Rural Development mission areas for information tech9 nology, systems, and services, $118,789,000, to remain

10 available until expended, for the capital asset acquisition

11 of shared information technology systems, including services

12 as authorized by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–

13 28: Provided, That obligation of these funds shall be con14 sistent with the Department of Agriculture Service Center

15 Modernization Plan of the county-based agencies, and shall

16 be with the concurrence of the Department’s Chief Informa17 tion Officer.

18 OFFICE OF THE CHIEF FINANCIAL OFFICER

19 For necessary expenses of the Office of the Chief Finan20 cial Officer, $5,496,000: Provided, That the Chief Financial

21 Officer shall actively market and expand cross-servicing ac22 tivities of the National Finance Center.

23 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

24 RIGHTS

25 For necessary salaries and expenses of the Office of the

26 Assistant Secretary for Civil Rights, $794,000.
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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights,

3 $15,445,000.

4 OFFICE OF THE ASSISTANT SECRETARY FOR

5 ADMINISTRATION

6 For necessary salaries and expenses of the Office of the

7 Assistant Secretary for Administration, $673,000.

8 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

9 PAYMENTS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For payment of space rental and related costs pursu12 ant to Public Law 92–313, including authorities pursuant

13 to the 1984 delegation of authority from the Administrator

14 of General Services to the Department of Agriculture under

15 40 U.S.C. 486, for programs and activities of the Depart16 ment which are included in this Act, and for alterations

17 and other actions needed for the Department and its agen18 cies to consolidate unneeded space into configurations suit19 able for release to the Administrator of General Services,

20 and for the operation, maintenance, improvement, and re21 pair of Agriculture buildings and facilities, and for related

22 costs, $187,022,000, to remain available until expended:

23 Provided, That the Secretary of Agriculture may transfer

24 a share of that agency’s appropriation made available by

25 this Act to this appropriation, or may transfer a share of
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1 this appropriation to that agency’s appropriation to cover

2 the costs of new or replacement space for such agency, but

3 such transfers shall not exceed 5 percent of the funds made

4 available for space rental and related costs to or from this

5 account.

6 HAZARDOUS MATERIALS MANAGEMENT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Department of Agri9 culture, to comply with the Comprehensive Environmental

10 Response, Compensation, and Liability Act (42 U.S.C.

11 9601 et seq.) and the Resource Conservation and Recovery

12 Act (42 U.S.C. 6901 et seq.), $15,611,000, to remain avail13 able until expended: Provided, That appropriations and

14 funds available herein to the Department for Hazardous

15 Materials Management may be transferred to any agency

16 of the Department for its use in meeting all requirements

17 pursuant to the above Acts on Federal and non-Federal

18 lands.

19 DEPARTMENTAL ADMINISTRATION

20 (INCLUDING TRANSFERS OF FUNDS)

21 For Departmental Administration, $23,031,000, to

22 provide for necessary expenses for management support

23 services to offices of the Department and for general admin24 istration security, repairs and alterations, and other mis25 cellaneous supplies and expenses not otherwise provided for
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1 and necessary for the practical and efficient work of the

2 Department: Provided, That this appropriation shall be re3 imbursed from applicable appropriations in this Act for

4 travel expenses incident to the holding of hearings as re5 quired by 5 U.S.C. 551–558: Provided further, That of such

6 amount, sufficient funds shall be available for the Secretary

7 of Agriculture, not later than 60 days after the last day

8 of the fiscal year, to submit to Congress a report on the

9 amount of acquisitions made by the Department of Agri10 culture during such fiscal year of articles, materials, or sup11 plies that were manufactured outside the United States.

12 Such report shall separately indicate the dollar value of any

13 articles, materials, or supplies purchased by the Depart14 ment of Agriculture that were manufactured outside the

15 United States, an itemized list of all waivers under the Buy

16 American Act (41 U.S.C. 10a et seq.) that were granted

17 with respect to such articles, materials, or supplies, and a

18 summary of total procurement funds spent on goods manu19 factured in the United States versus funds spent on goods

20 manufactured outside of the United States. The Secretary

21 of Agriculture shall make the report publicly available by

22 posting the report on an Internet website.
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1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 CONGRESSIONAL RELATIONS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary salaries and expenses of the Office of the

5 Assistant Secretary for Congressional Relations to carry out

6 the programs funded by this Act, including programs in7 volving intergovernmental affairs and liaison within the ex8 ecutive branch, $3,825,000: Provided, That these funds may

9 be transferred to agencies of the Department of Agriculture

10 funded by this Act to maintain personnel at the agency

11 level: Provided further, That no other funds appropriated

12 to the Department by this Act shall be available to the De13 partment for support of activities of congressional relations.

14 OFFICE OF COMMUNICATIONS

15 For necessary expenses to carry out services relating

16 to the coordination of programs involving public affairs,

17 for the dissemination of agricultural information, and the

18 coordination of information, work, and programs author19 ized by Congress in the Department, $9,228,000: Provided,

20 That not to exceed $2,000,000 may be used for farmers’ bul21 letins.

22 OFFICE OF THE INSPECTOR GENERAL

23 For necessary expenses of the Office of the Inspector

24 General, including employment pursuant to the Inspector

25 General Act of 1978, $75,781,000, including such sums as
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1 may be necessary for contracting and other arrangements

2 with public agencies and private persons pursuant to sec3 tion 6(a)(9) of the Inspector General Act of 1978, and in4 cluding not to exceed $125,000 for certain confidential oper5 ational expenses, including the payment of informants, to

6 be expended under the direction of the Inspector General

7 pursuant to Public Law 95–452 and section 1337 of Public

8 Law 97–98.

9 OFFICE OF THE GENERAL COUNSEL

10 For necessary expenses of the Office of the General

11 Counsel, $35,343,000.

12 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

13 EDUCATION AND ECONOMICS

14 For necessary salaries and expenses of the Office of the

15 Under Secretary for Research, Education and Economics

16 to administer the laws enacted by the Congress for the Eco17 nomic Research Service, the National Agricultural Statis18 tics Service, the Agricultural Research Service, and the Co19 operative State Research, Education, and Extension Serv20 ice, $596,000.

21 ECONOMIC RESEARCH SERVICE

22 For necessary expenses of the Economic Research Serv23 ice in conducting economic research and analysis, as au24 thorized by the Agricultural Marketing Act of 1946 (7

25 U.S.C. 1621–1627) and other laws, $69,902,000.
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1 NATIONAL AGRICULTURAL STATISTICS SERVICE

2 For necessary expenses of the National Agricultural

3 Statistics Service in conducting statistical reporting and

4 service work, including crop and livestock estimates, statis5 tical coordination and improvements, marketing surveys,

6 and the Census of Agriculture, as authorized by 7 U.S.C.

7 1621–1627 and 2204g, and other laws, $128,922,000, of

8 which up to $25,279,000 shall be available until expended

9 for the Census of Agriculture.

10 AGRICULTURAL RESEARCH SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Agricultural Re13 search Service to perform agricultural research and dem14 onstration relating to production, utilization, marketing,

15 and distribution (not otherwise provided for); home econom16 ics or nutrition and consumer use including the acquisition,

17 preservation, and dissemination of agricultural informa18 tion; and for acquisition of lands by donation, exchange,

19 or purchase at a nominal cost not to exceed $100, and for

20 land exchanges where the lands exchanged shall be of equal

21 value or shall be equalized by a payment of money to the

22 grantor which shall not exceed 25 percent of the total value

23 of the land or interests transferred out of Federal ownership,

24 $1,045,533,000: Provided, That appropriations hereunder

25 shall be available for the operation and maintenance of air-
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1 craft and the purchase of not to exceed one for replacement

2 only: Provided further, That appropriations hereunder shall

3 be available pursuant to 7 U.S.C. 2250 for the construction,

4 alteration, and repair of buildings and improvements, but

5 unless otherwise provided, the cost of constructing any one

6 building shall not exceed $375,000, except for headhouses

7 or greenhouses which shall each be limited to $1,200,000,

8 and except for 10 buildings to be constructed or improved

9 at a cost not to exceed $750,000 each, and the cost of alter10 ing any one building during the fiscal year shall not exceed

11 10 percent of the current replacement value of the building

12 or $375,000, whichever is greater: Provided further, That

13 the limitations on alterations contained in this Act shall

14 not apply to modernization or replacement of existing fa15 cilities at Beltsville, Maryland: Provided further, That ap16 propriations hereunder shall be available for granting ease17 ments at the Beltsville Agricultural Research Center: Pro18 vided further, That the foregoing limitations shall not apply

19 to replacement of buildings needed to carry out the Act of

20 April 24, 1948 (21 U.S.C. 113a): Provided further, That

21 funds may be received from any State, other political sub22 division, organization, or individual for the purpose of es23 tablishing or operating any research facility or research

24 project of the Agricultural Research Service, as authorized

25 by law: Provided further, That all rights and title of the
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1 United States in the 1.0664-acre parcel of land including

2 improvements, as recorded at Book 1320, Page 253, records

3 of Larimer County, State of Colorado, shall be conveyed to

4 the Board of Governors of the Colorado State University

5 for the benefit of Colorado State University.

6 None of the funds appropriated under this heading

7 shall be available to carry out research related to the pro8 duction, processing or marketing of tobacco or tobacco prod9 ucts.

10 BUILDINGS AND FACILITIES

11 For acquisition of land, construction, repair, improve12 ment, extension, alteration, and purchase of fixed equip13 ment or facilities as necessary to carry out the agricultural

14 research programs of the Department of Agriculture, where

15 not otherwise provided, $46,000,000, to remain available

16 until expended.

17 COOPERATIVE STATE RESEARCH, EDUCATION, AND

18 EXTENSION SERVICE

19 RESEARCH AND EDUCATION ACTIVITIES

20 For payments to agricultural experiment stations, for

21 cooperative forestry and other research, for facilities, and

22 for other expenses, $617,575,000, as follows: to carry out

23 the provisions of the Hatch Act of 1887 (7 U.S.C. 361a–

24 i), $178,977,000; for grants for cooperative forestry research

25 (16 U.S.C. 582a through a–7), $21,742,000; for payments

26 to the 1890 land-grant colleges, including Tuskegee Univer-
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1 sity and West Virginia State College (7 U.S.C. 3222),

2 $35,411,000, of which $1,507,496 shall be made available

3 only for the purpose of ensuring that each institution shall

4 receive no less than $1,000,000; for special grants for agri5 cultural research (7 U.S.C. 450i(c)), $101,637,000; for spe6 cial grants for agricultural research on improved pest con7 trol (7 U.S.C. 450i(c)), $14,976,000; for competitive re8 search grants (7 U.S.C. 450i(b)), $180,000,000; for the sup9 port of animal health and disease programs (7 U.S.C.

10 3195), $5,065,000; for supplemental and alternative crops

11 and products (7 U.S.C. 3319d), $840,000; for grants for re12 search pursuant to the Critical Agricultural Materials Act

13 (7 U.S.C. 178 et seq.), $1,242,000, to remain available until

14 expended; for research grants for 1994 institutions pursuant

15 to section 536 of Public Law 103–382 (7 U.S.C. 301 note),

16 $1,093,000, to remain available until expended; for higher

17 education graduate fellowship grants (7 U.S.C. 3152(b)(6)),

18 $3,222,000, to remain available until expended (7 U.S.C.

19 2209b); for higher education challenge grants (7 U.S.C.

20 3152(b)(1)), $4,888,000; for a higher education multicul21 tural scholars program (7 U.S.C. 3152(b)(5)), $992,000, to

22 remain available until expended (7 U.S.C. 2209b); for an

23 education grants program for Hispanic-serving Institutions

24 (7 U.S.C. 3241), $4,073,000; for noncompetitive grants for

25 the purpose of carrying out all provisions of 7 U.S.C. 3242
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1 (section 759 of Public Law 106–78) to individual eligible

2 institutions or consortia of eligible institutions in Alaska

3 and in Hawaii, with funds awarded equally to each of the

4 States of Alaska and Hawaii, $3,500,000; for a secondary

5 agriculture education program and 2-year post-secondary

6 education (7 U.S.C. 3152(j)), $994,000; for aquaculture

7 grants (7 U.S.C. 3322), $4,471,000; for sustainable agri8 culture research and education (7 U.S.C. 5811),

9 $13,661,000; for a program of capacity building grants (7

10 U.S.C. 3152(b)(4)) to colleges eligible to receive funds under

11 the Act of August 30, 1890 (7 U.S.C. 321–326 and 328),

12 including Tuskegee University and West Virginia State

13 College, $11,404,000, to remain available until expended (7

14 U.S.C. 2209b); for payments to the 1994 Institutions pursu15 ant to section 534(a)(1) of Public Law 103–382,

16 $1,689,000; and for necessary expenses of Research and

17 Education Activities, $26,698,000.

18 None of the funds in the foregoing paragraph shall be

19 available to carry out research related to the production,

20 processing or marketing of tobacco or tobacco products: Pro21 vided, That this paragraph shall not apply to research on

22 the medical, biotechnological, food, and industrial uses of

23 tobacco.
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1 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

2 For the Native American Institutions Endowment

3 Fund authorized by Public Law 103–382 (7 U.S.C. 301

4 note), $9,000,000.

5 EXTENSION ACTIVITIES

6 For payments to States, the District of Columbia,

7 Puerto Rico, Guam, the Virgin Islands, Micronesia, North8 ern Marianas, and American Samoa, $450,084,000, as fol9 lows: payments for cooperative extension work under the

10 Smith-Lever Act, to be distributed under sections 3(b) and

11 3(c) of said Act, and under section 208(c) of Public Law

12 93–471, for retirement and employees’ compensation costs

13 for extension agents and for costs of penalty mail for cooper14 ative extension agents and State extension directors,

15 $279,390,000; payments for extension work at the 1994 In16 stitutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),

17 $3,273,000; payments for the nutrition and family edu18 cation program for low-income areas under section 3(d) of

19 the Act, $58,185,000; payments for the pest management

20 program under section 3(d) of the Act, $10,689,000; pay21 ments for the farm safety program under section 3(d) of

22 the Act, $5,489,000; payments to upgrade research, exten23 sion, and teaching facilities at the 1890 land-grant colleges,

24 including Tuskegee University and West Virginia State

25 College, as authorized by section 1447 of Public Law 95–

26 113 (7 U.S.C. 3222b), $14,903,000, to remain available
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1 until expended; payments for youth-at-risk programs under

2 section 3(d) of the Smith-Lever Act, $8,426,000; for youth

3 farm safety education and certification extension grants, to

4 be awarded competitively under section 3(d) of the Act,

5 $496,000; payments for carrying out the provisions of the

6 Renewable Resources Extension Act of 1978 (16 U.S.C.

7 1671 et seq.), $4,516,000; payments for Indian reservation

8 agents under section 3(d) of the Smith-Lever Act,

9 $1,983,000; payments for sustainable agriculture programs

10 under section 3(d) of the Act, $4,843,000; payments for

11 rural health and safety education as authorized by section

12 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)),

13 $2,605,000; payments for cooperative extension work by the

14 colleges receiving the benefits of the second Morrill Act (7

15 U.S.C. 321–326 and 328) and Tuskegee University and

16 West Virginia State College, $31,908,000, of which

17 $1,724,884 shall be made available only for the purpose of

18 ensuring that each institution shall receive no less than

19 $1,000,000; for grants to youth organizations pursuant to

20 section 7630 of title 7, United States Code, $2,981,000; and

21 for necessary expenses of extension activities, $20,397,000.

22 INTEGRATED ACTIVITIES

23 For the integrated research, education, and extension

24 competitive grants programs, including necessary adminis25 trative expenses, as authorized under section 406 of the Ag26 ricultural Research, Extension, and Education Reform Act
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HR 2673 EAS

1 of 1998 (7 U.S.C. 7626), $46,711,000, as follows: payments

2 for the water quality program, $12,887,000; payments for

3 the food safety program, $14,870,000; payments for the re4 gional pest management centers program, $4,502,000; pay5 ments for the Food Quality Protection Act risk mitigation

6 program for major food crop systems, $4,857,000; payments

7 for the crops affected by Food Quality Protection Act imple8 mentation, $1,487,000; payments for the methyl bromide

9 transition program, $3,500,000; payments for the organic

10 transition program, $2,111,000; payments for the inter11 national science and education grants program under 7

12 U.S.C. 3291, to remain available until expended, $497,000;

13 payments for the critical issues program under 7 U.S.C.

14 450i(c): Provided, That of the funds made available under

15 this heading, $497,000 shall be for payments for the critical

16 issues program under 7 U.S.C. 450i(c) and $1,503,000 shall

17 be for payments for the regional rural development centers

18 program under 7 U.S.C. 450i(c).

19 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

20 For grants and contracts pursuant to section 2501 of

21 the Food, Agriculture, Conservation, and Trade Act of 1990

22 (7 U.S.C. 2279), $3,470,000, to remain available until ex23 pended.
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1 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

2 REGULATORY PROGRAMS

3 For necessary salaries and expenses of the Office of the

4 Under Secretary for Marketing and Regulatory Programs

5 to administer programs under the laws enacted by the Con6 gress for the Animal and Plant Health Inspection Service;

7 the Agricultural Marketing Service; and the Grain Inspec8 tion, Packers and Stockyards Administration; $736,000.

9 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For expenses, not otherwise provided for, necessary to

13 prevent, control, and eradicate pests and plant and animal

14 diseases; to carry out inspection, quarantine, and regu15 latory activities; and to protect the environment, as author16 ized by law, $705,552,000, of which $4,112,000 shall be

17 available for the control of outbreaks of insects, plant dis18 eases, animal diseases and for control of pest animals and

19 birds to the extent necessary to meet emergency conditions;

20 of which $51,720,000 shall be used for the boll weevil eradi21 cation program for cost share purposes or for debt retire22 ment for active eradication zones; and of which not less

23 than $1,500,000 (in addition to any other funds made

24 available for eradication or containment) shall be used by

25 the Emerald Ash Borer Task Force for the removal of trees

26 that have been adversely affected by the emerald ash borer,
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1 with a priority for the removal of trees on public property

2 or that threaten public safety; and of which up to $275,000

3 may be used to control or alleviate the cormorant problem

4 in the State of Michigan: Provided, That no funds shall

5 be used to formulate or administer a brucellosis eradication

6 program for the current fiscal year that does not require

7 minimum matching by the States of at least 40 percent:

8 Provided further, That this appropriation shall be available

9 for the operation and maintenance of aircraft and the pur10 chase of not to exceed four, of which two shall be for replace11 ment only: Provided further, That, in addition, in emer12 gencies which threaten any segment of the agricultural pro13 duction industry of this country, the Secretary may trans14 fer from other appropriations or funds available to the

15 agencies or corporations of the Department such sums as

16 may be deemed necessary, to be available only in such emer17 gencies for the arrest and eradication of contagious or infec18 tious disease or pests of animals, poultry, or plants, and

19 for expenses in accordance with sections 10411 and 10417

20 of the Animal Health Protection Act (7 U.S.C. 8310 and

21 8316) and sections 431 and 442 of the Plant Protection Act

22 (7 U.S.C. 7751 and 7772), and any unexpended balances

23 of funds transferred for such emergency purposes in the pre24 ceding fiscal year shall be merged with such transferred

25 amounts: Provided further, That appropriations hereunder
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1 shall be available pursuant to law (7 U.S.C. 2250) for the

2 repair and alteration of leased buildings and improve3 ments, but unless otherwise provided the cost of altering any

4 one building during the fiscal year shall not exceed 10 per5 cent of the current replacement value of the building.

6 In fiscal year 2004, the agency is authorized to collect

7 fees to cover the total costs of providing technical assistance,

8 goods, or services requested by States, other political sub9 divisions, domestic and international organizations, foreign

10 governments, or individuals, provided that such fees are

11 structured such that any entity’s liability for such fees is

12 reasonably based on the technical assistance, goods, or serv13 ices provided to the entity by the agency, and such fees shall

14 be credited to this account, to remain available until ex15 pended, without further appropriation, for providing such

16 assistance, goods, or services.

17 BUILDINGS AND FACILITIES

18 For plans, construction, repair, preventive mainte19 nance, environmental support, improvement, extension, al20 teration, and purchase of fixed equipment or facilities, as

21 authorized by 7 U.S.C. 2250, and acquisition of land as

22 authorized by 7 U.S.C. 428a, $4,996,000, to remain avail23 able until expended.
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1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses to carry out services related to

4 consumer protection, agricultural marketing and distribu5 tion, transportation, and regulatory programs, as author6 ized by law, and for administration and coordination of

7 payments to States, $75,263,000, including funds for the

8 wholesale market development program for the design and

9 development of wholesale and farmer market facilities for

10 the major metropolitan areas of the country: Provided, That

11 this appropriation shall be available pursuant to law (7

12 U.S.C. 2250) for the alteration and repair of buildings and

13 improvements, but the cost of altering any one building

14 during the fiscal year shall not exceed 10 percent of the cur15 rent replacement value of the building: Provided further,

16 That, in the case of the term of protection for the variety

17 for which certificate number 8200179 was issued, on the

18 date of enactment of this Act, the Secretary of Agriculture

19 shall issue a new certificate for a term of protection of 10

20 years for the variety, except that the Secretary may termi21 nate the certificate (at the end of any calendar year that

22 is more than 5 years after the date of issuance of the certifi23 cate) if the Secretary determines that a new variety of seed

24 (that is substantially based on the genetics of the variety

25 for which the certificate was issued) is commercially viable
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1 and available in sufficient quantities to meet market de2 mands.

3 Fees may be collected for the cost of standardization

4 activities, as established by regulation pursuant to law (31

5 U.S.C. 9701).

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 Not to exceed $62,577,000 (from fees collected) shall be

8 obligated during the current fiscal year for administrative

9 expenses: Provided, That if crop size is understated and/

10 or other uncontrollable events occur, the agency may exceed

11 this limitation by up to 10 percent with notification to the

12 Committees on Appropriations of both Houses of Congress.

13 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

14 SUPPLY (SECTION 32)

15 (INCLUDING TRANSFERS OF FUNDS)

16 Funds available under section 32 of the Act of August

17 24, 1935 (7 U.S.C. 612c), shall be used only for commodity

18 program expenses as authorized therein, and other related

19 operating expenses, except for: (1) transfers to the Depart20 ment of Commerce as authorized by the Fish and Wildlife

21 Act of August 8, 1956; (2) transfers otherwise provided in

22 this Act; and (3) not more than $15,392,000 for formulation

23 and administration of marketing agreements and orders

24 pursuant to the Agricultural Marketing Agreement Act of

25 1937 and the Agricultural Act of 1961.
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HR 2673 EAS

1 PAYMENTS TO STATES AND POSSESSIONS

2 For payments to departments of agriculture, bureaus

3 and departments of markets, and similar agencies for mar4 keting activities under section 204(b) of the Agricultural

5 Marketing Act of 1946 (7 U.S.C. 1623(b)), $3,338,000, of

6 which not less than $2,000,000 shall be used to make non7 competitive grants under this heading.

8 GRAIN INSPECTION, PACKERS AND STOCKYARDS

9 ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out the provisions of

12 the United States Grain Standards Act, for the administra13 tion of the Packers and Stockyards Act, for certifying proce14 dures used to protect purchasers of farm products, and the

15 standardization activities related to grain under the Agri16 cultural Marketing Act of 1946, $35,638,000: Provided,

17 That this appropriation shall be available pursuant to law

18 (7 U.S.C. 2250) for the alteration and repair of buildings

19 and improvements, but the cost of altering any one building

20 during the fiscal year shall not exceed 10 percent of the cur21 rent replacement value of the building.

22 LIMITATION ON INSPECTION AND WEIGHING SERVICES

23 EXPENSES

24 Not to exceed $42,463,000 (from fees collected) shall be

25 obligated during the current fiscal year for inspection and

26 weighing services: Provided, That if grain export activities
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HR 2673 EAS

1 require additional supervision and oversight, or other un2 controllable factors occur, this limitation may be exceeded

3 by up to 10 percent with notification to the Committees

4 on Appropriations of both Houses of Congress.

5 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

6 For necessary salaries and expenses of the Office of the

7 Under Secretary for Food Safety to administer the laws en8 acted by the Congress for the Food Safety and Inspection

9 Service, $611,000.

10 FOOD SAFETY AND INSPECTION SERVICE

11 For necessary expenses to carry out services authorized

12 by the Federal Meat Inspection Act, the Poultry Products

13 Inspection Act, and the Egg Products Inspection Act, in14 cluding not to exceed $50,000 for representation allowances

15 and for expenses pursuant to section 8 of the Act approved

16 August 3, 1956 (7 U.S.C. 1766), $783,761,000, of which no

17 less than $701,103,000 shall be available for Federal food

18 safety inspection; and in addition, $1,000,000 may be cred19 ited to this account from fees collected for the cost of labora20 tory accreditation as authorized by section 1327 of the

21 Food, Agriculture, Conservation and Trade Act of 1990 (7

22 U.S.C. 138f): Provided, That no fewer than 50 full time

23 equivalent positions above the fiscal year 2002 level shall

24 be employed during fiscal year 2004 for purposes dedicated

25 solely to inspections and enforcement related to the Humane
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HR 2673 EAS

1 Methods of Slaughter Act: Provided further, That this ap2 propriation shall be available pursuant to law (7 U.S.C.

3 2250) for the alteration and repair of buildings and im4 provements, but the cost of altering any one building during

5 the fiscal year shall not exceed 10 percent of the current

6 replacement value of the building.

7 OFFICE OF THE UNDER SECRETARY FOR FARM AND

8 FOREIGN AGRICULTURAL SERVICES

9 For necessary salaries and expenses of the Office of the

10 Under Secretary for Farm and Foreign Agricultural Serv11 ices to administer the laws enacted by Congress for the

12 Farm Service Agency, the Foreign Agricultural Service, the

13 Risk Management Agency, and the Commodity Credit Cor14 poration, $635,000.

15 FARM SERVICE AGENCY

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for carrying out the adminis19 tration and implementation of programs administered by

20 the Farm Service Agency, $988,768,000: Provided, That the

21 Secretary is authorized to use the services, facilities, and

22 authorities (but not the funds) of the Commodity Credit

23 Corporation to make program payments for all programs

24 administered by the Agency: Provided further, That other

25 funds made available to the Agency for authorized activities

26 may be advanced to and merged with this account.
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HR 2673 EAS

1 STATE MEDIATION GRANTS

2 For grants pursuant to section 502(b) of the Agricul3 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106),

4 $3,974,000.

5 DAIRY INDEMNITY PROGRAM

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses involved in making indemnity

8 payments to dairy farmers and manufacturers of dairy

9 products under a dairy indemnity program, $100,000, to

10 remain available until expended: Provided, That such pro11 gram is carried out by the Secretary in the same manner

12 as the dairy indemnity program described in Public Law

13 106–387 (114 Stat. 1549A–12).

14 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

15 ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

17 For gross obligations for the principal amount of di18 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.)

19 and operating (7 U.S.C. 1941 et seq.) loans, Indian tribe

20 land acquisition loans (25 U.S.C. 488), and boll weevil

21 loans (7 U.S.C. 1989), to be available from funds in the

22 Agricultural Credit Insurance Fund, as follows: farm own23 ership loans, $1,079,158,000, of which $950,000,000 shall

24 be for guaranteed loans and $129,158,000 shall be for direct

25 loans; operating loans, $2,067,317,000, of which

26 $1,200,000,000 shall be for unsubsidized guaranteed loans,
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HR 2673 EAS

1 $266,249,000 shall be for subsidized guaranteed loans and

2 $601,068,000 shall be for direct loans; Indian tribe land

3 acquisition loans, $2,000,000; and for boll weevil eradi4 cation program loans, $100,000,000: Provided, That the

5 Secretary shall deem the pink bollworm to be a boll weevil

6 for the purpose of boll weevil eradication program loans.

7 For the cost of direct and guaranteed loans, including

8 the cost of modifying loans as defined in section 502 of the

9 Congressional Budget Act of 1974, as follows: farm owner10 ship loans, $33,648,000, of which $5,130,000 shall be for

11 guaranteed loans, and $28,518,000 shall be for direct loans;

12 operating loans, $160,634,000, of which $39,960,000 shall

13 be for unsubsidized guaranteed loans, $34,000,000 shall be

14 for subsidized guaranteed loans, and $86,674,000 shall be

15 for direct loans.

16 In addition, for administrative expenses necessary to

17 carry out the direct and guaranteed loan programs,

18 $290,968,000, of which $283,020,000 shall be transferred to

19 and merged with the appropriation for ‘‘Farm Service

20 Agency, Salaries and Expenses’’.

21 Funds appropriated by this Act to the Agricultural

22 Credit Insurance Program Account for farm ownership and

23 operating direct loans and guaranteed loans may be trans24 ferred among these programs: Provided, That the Commit-
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HR 2673 EAS

1 tees on Appropriations of both Houses of Congress are noti2 fied at least 15 days in advance of any transfer.

3 RISK MANAGEMENT AGENCY

4 For administrative and operating expenses, as author5 ized by section 226A of the Department of Agriculture Reor6 ganization Act of 1994 (7 U.S.C. 6933), $71,422,000: Pro7 vided, That not to exceed $1,000 shall be available for offi8 cial reception and representation expenses, as authorized by

9 7 U.S.C. 1506(i).

10 CORPORATIONS

11 The following corporations and agencies are hereby au12 thorized to make expenditures, within the limits of funds

13 and borrowing authority available to each such corporation

14 or agency and in accord with law, and to make contracts

15 and commitments without regard to fiscal year limitations

16 as provided by section 104 of the Government Corporation

17 Control Act as may be necessary in carrying out the pro18 grams set forth in the budget for the current fiscal year for

19 such corporation or agency, except as hereinafter provided.

20 FEDERAL CROP INSURANCE CORPORATION FUND

21 For payments as authorized by section 516 of the Fed22 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may

23 be necessary, to remain available until expended.
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HR 2673 EAS

1 COMMODITY CREDIT CORPORATION FUND

2 REIMBURSEMENT FOR NET REALIZED LOSSES

3 For the current fiscal year, such sums as may be nec4 essary to reimburse the Commodity Credit Corporation for

5 net realized losses sustained, but not previously reimbursed,

6 pursuant to section 2 of the Act of August 17, 1961 (15

7 U.S.C. 713a–11).

8 HAZARDOUS WASTE MANAGEMENT

9 (LIMITATION ON EXPENSES)

10 For the current fiscal year, the Commodity Credit Cor11 poration shall not expend more than $5,000,000 for site in12 vestigation and cleanup expenses, and operations and

13 maintenance expenses to comply with the requirement of

14 section 107(g) of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act (42 U.S.C.

16 9607(g)), and section 6001 of the Resource Conservation

17 and Recovery Act (42 U.S.C. 6961).

18 TITLE II

19 CONSERVATION PROGRAMS

20 OFFICE OF THE UNDER SECRETARY FOR NATURAL

21 RESOURCES AND ENVIRONMENT

22 For necessary salaries and expenses of the Office of the

23 Under Secretary for Natural Resources and Environment

24 to administer the laws enacted by the Congress for the For25 est Service and the Natural Resources Conservation Service,

26 $761,000.
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HR 2673 EAS

1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provisions

4 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including

5 preparation of conservation plans and establishment of

6 measures to conserve soil and water (including farm irriga7 tion and land drainage and such special measures for soil

8 and water management as may be necessary to prevent

9 floods and the siltation of reservoirs and to control agricul10 tural related pollutants); operation of conservation plant

11 materials centers; classification and mapping of soil; dis12 semination of information; acquisition of lands, water, and

13 interests therein for use in the plant materials program by

14 donation, exchange, or purchase at a nominal cost not to

15 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.

16 428a); purchase and erection or alteration or improvement

17 of permanent and temporary buildings; and operation and

18 maintenance of aircraft, $826,635,000, to remain available

19 until expended, of which not less than $9,500,000 is for

20 snow survey and water forecasting, and not less than

21 $11,269,000 is for operation and establishment of the plant

22 materials centers, and of which not less than $23,500,000

23 shall be for the grazing lands conservation initiative: Pro24 vided, That appropriations hereunder shall be available

25 pursuant to 7 U.S.C. 2250 for construction and improve-
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HR 2673 EAS

1 ment of buildings and public improvements at plant mate2 rials centers, except that the cost of alterations and im3 provements to other buildings and other public improve4 ments shall not exceed $250,000: Provided further, That

5 when buildings or other structures are erected on non-Fed6 eral land, that the right to use such land is obtained as

7 provided in 7 U.S.C. 2250a: Provided further, That this

8 appropriation shall be available for technical assistance

9 and related expenses to carry out programs authorized by

10 section 202(c) of title II of the Colorado River Basin Salin11 ity Control Act of 1974 (43 U.S.C. 1592(c)): Provided fur12 ther, That qualified local engineers may be temporarily em13 ployed at per diem rates to perform the technical planning

14 work of the Service: Provided further, That none of the

15 funds made available under this paragraph by this or any

16 other appropriations Act may be used to provide technical

17 assistance with respect to programs listed in section

18 1241(a) of the Food Security Act of 1985 (16 U.S.C.

19 3841(a)).

20 WATERSHED SURVEYS AND PLANNING

21 For necessary expenses to conduct research, investiga22 tion, and surveys of watersheds of rivers and other water23 ways, and for small watershed investigations and planning,

24 in accordance with the Watershed Protection and Flood

25 Prevention Act (16 U.S.C. 1001–1009), $10,000,000: Pro26 vided, That qualified local engineers may be temporarily
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HR 2673 EAS

1 employed at per diem rates to perform the technical plan2 ning work of the Service: Provided further, That none of

3 the funds made available under this paragraph by this or

4 any other appropriations Act may be used to provide tech5 nical assistance with respect to programs listed in section

6 1241(a) of the Food Security Act of 1985 (16 U.S.C.

7 3841(a)).

8 WATERSHED AND FLOOD PREVENTION OPERATIONS

9 For necessary expenses to carry out preventive meas10 ures, including but not limited to research, engineering op11 erations, methods of cultivation, the growing of vegetation,

12 rehabilitation of existing works and changes in use of land,

13 in accordance with the Watershed Protection and Flood

14 Prevention Act (16 U.S.C. 1001–1005 and 1007–1009), the

15 provisions of the Act of April 27, 1935 (16 U.S.C. 590a–

16 f), and in accordance with the provisions of laws relating

17 to the activities of the Department, $55,000,000, to remain

18 available until expended (of which up to $5,000,000 may

19 be available for the watersheds authorized under the Flood

20 Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a)): Pro21 vided, That not to exceed $20,000,000 of this appropriation

22 shall be available for technical assistance: Provided further,

23 That not to exceed $1,000,000 of this appropriation is

24 available to carry out the purposes of the Endangered Spe25 cies Act of 1973 (Public Law 93–205), including coopera26 tive efforts as contemplated by that Act to relocate endan-
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HR 2673 EAS

1 gered or threatened species to other suitable habitats as may

2 be necessary to expedite project construction: Provided fur3 ther, That qualified local engineers may be temporarily em4 ployed at per diem rates to perform the technical planning

5 work of the Service: Provided further, That none of the

6 funds made available under this paragraph by this or any

7 other appropriations Act may be used to provide technical

8 assistance with respect to programs listed in section

9 1241(a) of the Food Security Act of 1985 (16 U.S.C.

10 3841(a)).

11 WATERSHED REHABILITATION PROGRAM

12 For necessary expenses to carry out rehabilitation of

13 structural measures, in accordance with section 14 of the

14 Watershed Protection and Flood Prevention Act (16 U.S.C.

15 1012), and in accordance with the provisions of laws relat16 ing to the activities of the Department, $29,805,000, to re17 main available until expended: Provided, That qualified

18 local engineers may be temporarily employed at per diem

19 rates to perform the technical planning work of the Service:

20 Provided further, That none of the funds made available

21 under this paragraph by this or any other appropriations

22 Act may be used to provide technical assistance with respect

23 to programs listed in section 1241(a) of the Food Security

24 Act of 1985 (16 U.S.C. 3841(a)).
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HR 2673 EAS

1 RESOURCE CONSERVATION AND DEVELOPMENT

2 For necessary expenses in planning and carrying out

3 projects for resource conservation and development and for

4 sound land use pursuant to the provisions of sections 31

5 and 32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.

6 1010–1011; 76 Stat. 607); the Act of April 27, 1935 (16

7 U.S.C. 590a–f); and subtitle H of title XV of the Agriculture

8 and Food Act of 1981 (16 U.S.C. 3451–3461), $51,000,000,

9 to remain available until expended.

10 TITLE III

11 RURAL DEVELOPMENT PROGRAMS

12 OFFICE OF THE UNDER SECRETARY FOR RURAL

13 DEVELOPMENT

14 For necessary salaries and expenses of the Office of the

15 Under Secretary for Rural Development to administer pro16 grams under the laws enacted by the Congress for the Rural

17 Housing Service, the Rural Business-Cooperative Service,

18 and the Rural Utilities Service of the Department of Agri19 culture, $651,000.

20 RURAL COMMUNITY ADVANCEMENT PROGRAM

21 (INCLUDING TRANSFERS OF FUNDS)

22 For the cost of direct loans, loan guarantees, and

23 grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c,

24 1926d, and 1932, except for sections 381E–H and 381N of

25 the Consolidated Farm and Rural Development Act,

26 $767,479,000, to remain available until expended, of which
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HR 2673 EAS

1 $79,838,000 shall be for rural community programs de2 scribed in section 381E(d)(1) of such Act; of which

3 $610,641,000 shall be for the rural utilities programs de4 scribed in sections 381E(d)(2), 306C(a)(2), and 306D of

5 such Act; and of which $79,000,000 shall be for the rural

6 business and cooperative development programs described

7 in sections 381E(d)(3) and 310B(f) of such Act: Provided,

8 That of the amount appropriated for rural business and

9 cooperative development programs, $100,000 shall be for a

10 pilot program in the State of Alaska to assist communities

11 with community planning: Provided further, That of the

12 total amount appropriated in this account, $24,000,000

13 shall be for loans and grants to benefit Federally Recognized

14 Native American Tribes, including grants for drinking

15 water and waste disposal systems pursuant to section 306C

16 of such Act, of which $4,000,000 shall be available for com17 munity facilities grants to tribal colleges, as authorized by

18 section 306(a)(19) of the Consolidated Farm and Rural De19 velopment Act, and of which $250,000 shall be available for

20 a grant to a qualified national organization to provide tech21 nical assistance for rural transportation in order to pro22 mote economic development: Provided further, That of the

23 amount appropriated for rural community programs,

24 $6,000,000 shall be available for a Rural Community De25 velopment Initiative: Provided further, That such funds
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HR 2673 EAS

1 shall be used solely to develop the capacity and ability of

2 private, nonprofit community-based housing and commu3 nity development organizations, low-income rural commu4 nities, and Federally Recognized Native American Tribes

5 to undertake projects to improve housing, community facili6 ties, community and economic development projects in

7 rural areas: Provided further, That such funds shall be

8 made available to qualified private, nonprofit and public

9 intermediary organizations proposing to carry out a pro10 gram of financial and technical assistance: Provided fur11 ther, That such intermediary organizations shall provide

12 matching funds from other sources, including Federal funds

13 for related activities, in an amount not less than funds pro14 vided: Provided further, That of the amount appropriated

15 for the rural business and cooperative development pro16 grams, not to exceed $500,000 shall be made available for

17 a grant to a qualified national organization to provide tech18 nical assistance for rural transportation in order to pro19 mote economic development; $2,000,000 shall be for grants

20 to the Delta Regional Authority (7 U.S.C. 1921 et seq.);

21 and not less than $5,000,000 shall be available for grants

22 in accordance with section 310B(f) of the Consolidated

23 Farm and Rural Development Act: Provided further, That

24 of the amount appropriated for rural utilities programs,

25 not to exceed $25,000,000 shall be for water and waste dis-
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HR 2673 EAS

1 posal systems to benefit the Colonias along the United

2 States/Mexico border, including grants pursuant to section

3 306C of such Act; not to exceed $30,000,000 shall be for

4 water and waste disposal systems for rural and native vil5 lages in Alaska pursuant to section 306D of such Act, with

6 up to 1 percent available to administer the program and

7 up to 1 percent available to improve interagency coordina8 tion may be transferred to and merged with the appropria9 tion for ‘‘Rural Development, Salaries and Expenses’’, of

10 which 25 percent shall be provided for water and sewer

11 projects in regional hubs and $100,000 shall be provided

12 to develop a regional system for centralized billing, oper13 ation, and management of rural water and sewer utilities

14 through regional cooperatives, and the State of Alaska shall

15 provide a 25 percent cost share; not to exceed $18,000,000

16 shall be for technical assistance grants for rural water and

17 waste systems pursuant to section 306(a)(14) of such Act,

18 of which $5,513,000 shall be for Rural Community Assist19 ance Programs; and not to exceed $13,000,000 shall be for

20 contracting with qualified national organizations for a cir21 cuit rider program to provide technical assistance for rural

22 water systems: Provided further, That of the amount appro23 priated for the circuit rider program, Alaska shall receive

24 no less than five percent and not less than $750,000 shall

25 be for contracting with qualified national organizations to
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HR 2673 EAS

1 establish a Native American circuit rider program to pro2 vide technical assistance for rural water systems: Provided

3 further, That not less than $2,000,000 shall be available to

4 carry out Section 6012 of Public Law 107–171: Provided

5 further, That of the total amount appropriated, not to ex6 ceed $22,132,000 shall be available through June 30, 2004,

7 for authorized empowerment zones and enterprise commu8 nities and communities designated by the Secretary of Agri9 culture as Rural Economic Area Partnership Zones; of

10 which $1,000,000 shall be for the rural community pro11 grams described in section 381E(d)(1) of such Act, of which

12 $12,582,000 shall be for the rural utilities programs de13 scribed in section 381E(d)(2) of such Act, and of which

14 $8,550,000 shall be for the rural business and cooperative

15 development programs described in section 381E(d)(3) of

16 such Act: Provided further, That of the amount appro17 priated for rural community programs, not to exceed

18 $23,000,000 shall be to provide grants for facilities in rural

19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106–387), with 5 percent for

21 administration and capacity building in the State rural

22 development offices: Provided further, That of the amount

23 appropriated, $30,000,000 shall be transferred to and

24 merged with the ‘‘Rural Utilities Service, High Energy Cost

25 Grants Account’’ to provide grants authorized under section
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HR 2673 EAS

1 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):

2 Provided further, That of the amount made available for

3 high energy cost grants, up to $3,000,000 shall be available

4 to a not-for-profit consumer-owned cooperative utility pro5 vider serving an island community in a non-contiguous

6 State for the purpose of defraying transaction, transition,

7 organizational, and other fair and reasonable costs, as de8 termined by the Secretary, incurred during the period July

9 1, 1999 through December 31, 2002, and directly related

10 to the successful acquisition by such provider of the investor11 owned electric utility facilities (including generation, trans12 mission, distribution, and other related assets) formerly

13 serving ratepayers on the island: Provided further, That

14 any prior year balances for high cost energy grants author15 ized by section 19 of the Rural Electrification Act of 1936

16 (7 U.S.C. 901(19)) shall be transferred to and merged with

17 the ‘‘Rural Utilities Service, High Energy Costs Grants’’

18 account.

19 RURAL DEVELOPMENT SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses for carrying out the adminis22 tration and implementation of programs in the Rural De23 velopment mission area, including activities with institu24 tions concerning the development and operation of agricul25 tural cooperatives; and for cooperative agreements;
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HR 2673 EAS

1 $140,922,000: Provided, That notwithstanding any other

2 provision of law, funds appropriated under this section

3 may be used for advertising and promotional campaigns,

4 including souvenirs, that support activities conducted by

5 agencies of the Rural Development mission area: Provided

6 further, That not more than $10,000 may be expended to

7 provide modest nonmonetary awards to non-USDA employ8 ees: Provided further, That any balances available from

9 prior years for the Rural Utilities Service, Rural Housing

10 Service, and the Rural Business-Cooperative Service sala11 ries and expenses accounts shall be transferred to and

12 merged with this appropriation.

13 RURAL HOUSING SERVICE

14 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For gross obligations for the principal amount of di17 rect and guaranteed loans as authorized by title V of the

18 Housing Act of 1949, to be available from funds in the rural

19 housing insurance fund, as follows: $4,084,589,000 for loans

20 to section 502 borrowers, as determined by the Secretary,

21 of which $1,359,417,000 shall be for direct loans, and of

22 which $2,725,172,000 shall be for unsubsidized guaranteed

23 loans; $35,004,000 for section 504 housing repair loans;

24 $115,052,000 for section 515 rental housing; $100,000,000

25 for section 538 guaranteed multi-family housing loans;

26 $5,045,000 for section 524 site loans; $11,500,000 for credit
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HR 2673 EAS

1 sales of acquired property, of which up to $1,500,000 may

2 be for multi-family credit sales; and $1,623,000 for section

3 523 self-help housing land development loans.

4 For the cost of direct and guaranteed loans, including

5 the cost of modifying loans, as defined in section 502 of

6 the Congressional Budget Act of 1974, as follows: section

7 502 loans, $165,921,000, of which $126,018,000 shall be for

8 direct loans, and of which $39,903,000, to remain available

9 until expended, shall be for unsubsidized guaranteed loans;

10 section 504 housing repair loans, $9,612,000; section 515

11 rental housing, $49,484,000; section 538 multi-family hous12 ing guaranteed loans, $5,950,000; multi-family credit sales

13 of acquired property, $663,000; and section 523 self-help

14 housing land development loans, $50,000: Provided, That

15 of the total amount appropriated in this paragraph,

16 $7,100,000 shall be available through June 30, 2004, for

17 authorized empowerment zones and enterprise communities

18 and communities designated by the Secretary of Agriculture

19 as Rural Economic Area Partnership Zones.

20 In addition, for administrative expenses necessary to

21 carry out the direct and guaranteed loan programs,

22 $439,453,000, which shall be transferred to and merged

23 with the appropriation for ‘‘Rural Development, Salaries

24 and Expenses’’.
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HR 2673 EAS

1 RENTAL ASSISTANCE PROGRAM

2 For rental assistance agreements entered into or re3 newed pursuant to the authority under section 521(a)(2)

4 or agreements entered into in lieu of debt forgiveness or

5 payments for eligible households as authorized by section

6 502(c)(5)(D) of the Housing Act of 1949, $721,281,000;

7 and, in addition, such sums as may be necessary, as author8 ized by section 521(c) of the Act, to liquidate debt incurred

9 prior to fiscal year 1992 to carry out the rental assistance

10 program under section 521(a)(2) of the Act: Provided, That

11 of this amount, not more than $5,900,000 shall be available

12 for debt forgiveness or payments for eligible households as

13 authorized by section 502(c)(5)(D) of the Act, and not to

14 exceed $20,000 per project for advances to nonprofit organi15 zations or public agencies to cover direct costs (other than

16 purchase price) incurred in purchasing projects pursuant

17 to section 502(c)(5)(C) of the Act: Provided further, That

18 agreements entered into or renewed during the current fiscal

19 year shall be funded for a 5-year period, although the life

20 of any such agreement may be extended to fully utilize

21 amounts obligated.

22 MUTUAL AND SELF-HELP HOUSING GRANTS

23 For grants and contracts pursuant to section

24 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c),

25 $34,000,000, to remain available until expended: Provided,

26 That of the total amount appropriated, $1,000,000 shall be
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HR 2673 EAS

1 available through June 30, 2004, for authorized empower2 ment zones and enterprise communities and communities

3 designated by the Secretary of Agriculture as Rural Eco4 nomic Area Partnership Zones.

5 RURAL HOUSING ASSISTANCE GRANTS

6 For grants and contracts for very low-income housing

7 repair, supervisory and technical assistance, compensation

8 for construction defects, and rural housing preservation

9 made by the Rural Housing Service, as authorized by 42

10 U.S.C. 1474, 1479(c), 1490e, and 1490m, $46,222,000, to

11 remain available until expended, of which $5,000,000 shall

12 be available for a processing and/or fishery workers housing

13 demonstration project in Alaska, Mississippi, Utah, and

14 Wisconsin: Provided, That of the total amount appro15 priated, $1,800,000 shall be available through June 30,

16 2004, for authorized empowerment zones and enterprise

17 communities and communities designated by the Secretary

18 of Agriculture as Rural Economic Area Partnership Zones.

19 FARM LABOR PROGRAM ACCOUNT

20 For the cost of direct loans, grants, and contracts, as

21 authorized by 42 U.S.C. 1484 and 1486, $33,015,000, to

22 remain available until expended, for direct farm labor hous23 ing loans and domestic farm labor housing grants and con24 tracts.
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HR 2673 EAS

1 HISTORIC BARN PRESERVATION PROGRAM

2 For the historic barn preservation program established

3 under section 379A of the Consolidated Farm and Rural

4 Development Act (7 U.S.C. 2008o), $2,000,000.

5 RURAL BUSINESS—COOPERATIVE SERVICE

6 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 For the principal amount of direct loans, as authorized

9 by the Rural Development Loan Fund (42 U.S.C. 9812(a)),

10 $40,000,000.

11 For the cost of direct loans, $17,308,000, as authorized

12 by the Rural Development Loan Fund (42 U.S.C. 9812(a)),

13 of which $1,724,000 shall be available through June 30,

14 2004, for Federally Recognized Native American Tribes and

15 of which $3,449,000 shall be available through June 30,

16 2004, for Delta Regional Authority (7 U.S.C. 1921 et seq.):

17 Provided, That such costs, including the cost of modifying

18 such loans, shall be as defined in section 502 of the Congres19 sional Budget Act of 1974: Provided further, That of the

20 total amount appropriated, $2,447,000 shall be available

21 through June 30, 2004, for the cost of direct loans for au22 thorized empowerment zones and enterprise communities

23 and communities designated by the Secretary of Agriculture

24 as Rural Economic Area Partnership Zones.

25 In addition, for administrative expenses to carry out

26 the direct loan programs, $4,283,000 shall be transferred
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HR 2673 EAS

1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’.

3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

4 ACCOUNT

5 (INCLUDING RESCISSION OF FUNDS)

6 For the principal amount of direct loans, as authorized

7 under section 313 of the Rural Electrification Act, for the

8 purpose of promoting rural economic development and job

9 creation projects, $15,002,000.

10 For the cost of direct loans, including the cost of modi11 fying loans as defined in section 502 of the Congressional

12 Budget Act of 1974, $2,792,000.

13 Of the funds derived from interest on the cushion of

14 credit payments in the current fiscal year, as authorized

15 by section 313 of the Rural Electrification Act of 1936,

16 $3,000,000 shall not be obligated and $3,000,000 are re17 scinded.

18 RURAL COOPERATIVE DEVELOPMENT GRANTS

19 For rural cooperative development grants authorized

20 under section 310B(e) of the Consolidated Farm and Rural

21 Development Act (7 U.S.C. 1932), $8,967,000, of which

22 $2,500,000 shall be for cooperative agreements for the ap23 propriate technology transfer for rural areas program: Pro24 vided, That not to exceed $1,500,000 of the total amount

25 appropriated shall be made available to cooperatives or as26 sociations of cooperatives whose primary focus is to provide
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1 assistance to small, minority producers and whose gov2 erning board and/or membership is comprised of at least

3 75 percent minority.

4 RURAL EMPOWERMENT ZONES AND ENTERPRISE

5 COMMUNITIES GRANTS

6 For grants in connection with second and third rounds

7 of empowerment zones and enterprise communities,

8 $14,370,000, to remain available until expended, for des9 ignated rural empowerment zones and rural enterprise com10 munities, as authorized by the Taxpayer Relief Act of 1997

11 and the Omnibus Consolidated and Emergency Supple12 mental Appropriations Act, 1999 (Public Law 105–277):

13 Provided, That of the funds appropriated, $1,000,000 shall

14 be made available to third round empowerment zones, as

15 authorized by the Community Renewal Tax Relief Act

16 (Public Law 106–554).

17 RENEWABLE ENERGY PROGRAM

18 For the cost of a program of direct loans and grants,

19 under the same terms and conditions as authorized by sec20 tion 9006 of the Farm Security and Rural Investment Act

21 of 2002 (7 U.S.C. 8106), $23,000,000 for direct renewable

22 energy loans and grants: Provided, That the cost of direct

23 loans and loan guarantees, including the cost of modifying

24 such loans, shall be as defined in section 502 of the Congres25 sional Budget Act of 1974.
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1 RURAL UTILITIES SERVICE

2 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

3 LOANS PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

5 Insured loans pursuant to the authority of section 305

6 of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall

7 be made as follows: 5 percent rural electrification loans,

8 $240,000,000; municipal rate rural electric loans,

9 $1,000,000,000; loans made pursuant to section 306 of that

10 Act, rural electric, $2,000,000,000; Treasury rate direct

11 electric loans, $750,000,000; 5 percent rural telecommuni12 cations loans, $145,000,000; cost of money rural tele13 communications loans, $250,000,000; loans made pursuant

14 to section 306 of that Act, rural telecommunications loans,

15 $120,000,000; and for guaranteed underwriting loans pur16 suant to section 313A, $1,000,000,000.

17 For the cost, as defined in section 502 of the Congres18 sional Budget Act of 1974, including the cost of modifying

19 loans, of direct and guaranteed loans authorized by sections

20 305 and 306 of the Rural Electrification Act of 1936 (7

21 U.S.C. 935 and 936), as follows: cost of rural electric loans,

22 $60,000, and the cost of telecommunication loans, $125,000:

23 Provided, That notwithstanding section 305(d)(2) of the

24 Rural Electrification Act of 1936, borrower interest rates

25 may exceed 7 percent per year.
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1 In addition, for administrative expenses necessary to

2 carry out the direct and guaranteed loan programs,

3 $37,920,000 which shall be transferred to and merged with

4 the appropriation for ‘‘Rural Development, Salaries and

5 Expenses’’.

6 RURAL TELEPHONE BANK PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 The Rural Telephone Bank is hereby authorized to

9 make such expenditures, within the limits of funds available

10 to such corporation in accord with law, and to make such

11 contracts and commitments without regard to fiscal year

12 limitations as provided by section 104 of the Government

13 Corporation Control Act, as may be necessary in carrying

14 out its authorized programs. During fiscal year 2004 and

15 within the resources and authority available, gross obliga16 tions for the principal amount of direct loans shall be

17 $173,503,000.

18 In addition, for administrative expenses, including

19 audits, necessary to carry out the loan programs,

20 $3,182,000, which shall be transferred to and merged with

21 the appropriation for ‘‘Rural Development, Salaries and

22 Expenses’’.

23 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

24 PROGRAM

25 For the principal amount of direct distance learning

26 and telemedicine loans, $300,000,000; and for the principal
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1 amount of broadband telecommunications loans,

2 $647,000,000.

3 For grants for telemedicine and distance learning serv4 ices in rural areas, as authorized by 7 U.S.C. 950aaa et

5 seq., $40,000,000, to remain available until expended: Pro6 vided, That $15,000,000 shall be made available to convert

7 analog to digital operation those noncommercial edu8 cational television broadcast stations that serve rural areas

9 and are qualified for Community Service Grants by the

10 Corporation for Public Broadcasting under section 396(k)

11 of the Communications Act of 1934, including associated

12 translators, repeaters, and studio-to-transmitter links.

13 For the cost of direct and guaranteed broadband loans,

14 as authorized by 7 U.S.C. 901, et seq., $15,116,000: Pro15 vided, That the cost of direct loans shall be as defined in

16 section 502 of the Congressional Budget Act of 1974.

17 In addition, $10,000,000, to remain available until ex18 pended, for a grant program to finance broadband trans19 mission in rural areas eligible for Distance Learning and

20 Telemedicne Program benefits authorized by 7 U.S.C.

21 950aaa.
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1 TITLE IV

2 DOMESTIC FOOD PROGRAMS

3 OFFICE OF THE UNDER SECRETARY FOR FOOD,

4 NUTRITION AND CONSUMER SERVICES

5 For necessary salaries and expenses of the Office of the

6 Under Secretary for Food, Nutrition and Consumer Serv7 ices to administer the laws enacted by the Congress for the

8 Food and Nutrition Service, $611,000.

9 FOOD AND NUTRITION SERVICE

10 CHILD NUTRITION PROGRAMS

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out the National

13 School Lunch Act (42 U.S.C. 1751 et seq.), except section

14 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771

15 et seq.), except sections 17 and 21; $11,418,441,000, to re16 main available through September 30, 2005, of which

17 $6,718,780,000 is hereby appropriated and $4,699,661,000

18 shall be derived by transfer from funds available under sec19 tion 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Pro20 vided, That none of the funds made available under this

21 heading shall be used for studies and evaluations: Provided

22 further, That up to $5,235,000 shall be available for inde23 pendent verification of school food service claims.
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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

2 WOMEN, INFANTS, AND CHILDREN (WIC)

3 For necessary expenses to carry out the special supple4 mental nutrition program as authorized by section 17 of

5 the Child Nutrition Act of 1966 (42 U.S.C. 1786),

6 $4,639,232,000, to remain available through September 30,

7 2005, of which $10,000,000 shall be for a breastfeeding sup8 port initiative in addition to the activities specified in sec9 tion 17(h)(3)(A) and $30,000,000 shall be for a manage10 ment information system initiative: Provided, That of the

11 total amount available, the Secretary shall obligate

12 $25,000,000 for the farmers’ market nutrition program:

13 Provided further, That notwithstanding section

14 17(h)(10)(A) of such Act, $14,000,000 shall be available for

15 the purposes specified in section 17(h)(10)(B): Provided fur16 ther, That notwithstanding section 17(g)(5) of such Act,

17 $5,000,000 shall be available for pilot projects to prevent

18 childhood obesity: Provided further, That none of the funds

19 in this Act shall be available to pay administrative expenses

20 of WIC clinics except those that have an announced policy

21 of prohibiting smoking within the space used to carry out

22 the program: Provided further, That none of the funds pro23 vided in this account shall be available for the purchase

24 of infant formula except in accordance with the cost con25 tainment and competitive bidding requirements specified in
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1 section 17 of such Act: Provided further, That none of the

2 funds provided shall be available for activities that are not

3 fully reimbursed by other Federal Government departments

4 or agencies unless authorized by section 17 of such Act.

5 FOOD STAMP PROGRAM

6 For necessary expenses to carry out the Food Stamp

7 Act (7 U.S.C. 2011 et seq.), $29,945,981,000, of which

8 $2,000,000,000 shall be placed in reserve for use only in

9 such amounts and at such times as may become necessary

10 to carry out program operations: Provided, That none of

11 the funds made available under this heading shall be used

12 for studies and evaluations: Provided further, That of the

13 funds made available under this heading and not already

14 appropriated to the Food Distribution Program on Indian

15 Reservations (FDPIR) established under section 4(b) of the

16 Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed

17 $4,000,000 shall be used to purchase bison meat for the

18 FDPIR from Native American bison producers as well as

19 from producer-owned cooperatives of bison ranchers: Pro20 vided further, That funds provided herein shall be expended

21 in accordance with section 16 of the Food Stamp Act: Pro22 vided further, That this appropriation shall be subject to

23 any work registration or workfare requirements as may be

24 required by law: Provided further, That funds made avail25 able for Employment and Training under this heading
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1 shall remain available until expended, as authorized by sec2 tion 16(h)(1) of the Food Stamp Act.

3 COMMODITY ASSISTANCE PROGRAM

4 For necessary expenses to carry out disaster assistance

5 and the commodity supplemental food program as author6 ized by section 4(a) of the Agriculture and Consumer Pro7 tection Act of 1973 (7 U.S.C. 612c note); the Emergency

8 Food Assistance Act of 1983; and special assistance (in a

9 form determined by the Secretary of Agriculture) for the

10 nuclear affected islands, as authorized by section 103(h)(2)

11 of the Compact of Free Association Act of 1985 (48 U.S.C.

12 1903(h)(2)) (or a successor law), $145,740,000, to remain

13 available through September 30, 2005: Provided, That none

14 of these funds shall be available to reimburse the Commodity

15 Credit Corporation for commodities donated to the pro16 gram.

17 NUTRITION PROGRAMS ADMINISTRATION

18 For necessary administrative expenses of the domestic

19 nutrition assistance programs funded under this Act,

20 $138,304,000, of which $5,000,000 shall be available only

21 for simplifying procedures, reducing overhead costs, tight22 ening regulations, improving food stamp benefit delivery,

23 and assisting in the prevention, identification, and prosecu24 tion of fraud and other violations of law; and of which not

25 less than $4,000,000 shall be available to improve integrity

26 in the Food Stamp and Child Nutrition programs.
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1 TITLE V

2 FOREIGN ASSISTANCE AND RELATED PROGRAMS

3 FOREIGN AGRICULTURAL SERVICE

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Foreign Agricultural

7 Service, including carrying out title VI of the Agricultural

8 Act of 1954 (7 U.S.C. 1761–1769), market development ac9 tivities abroad, and for enabling the Secretary to coordinate

10 and integrate activities of the Department in connection

11 with foreign agricultural work, including not to exceed

12 $158,000 for representation allowances and for expenses

13 pursuant to section 8 of the Act approved August 3, 1956

14 (7 U.S.C. 1766), $131,648,000: Provided, That the Service

15 may utilize advances of funds, or reimburse this appropria16 tion for expenditures made on behalf of Federal agencies,

17 public and private organizations and institutions under

18 agreements executed pursuant to the agricultural food pro19 duction assistance programs (7 U.S.C. 1737) and the for20 eign assistance programs of the United States Agency for

21 International Development.

22 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For the cost, as defined in section 502 of the Congres25 sional Budget Act of 1974, of agreements under the Agricul26 tural Trade Development and Assistance Act of 1954, and
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1 the Food for Progress Act of 1985, including the cost of

2 modifying credit arrangements under said Acts,

3 $103,887,000, to remain available until expended.

4 In addition, for administrative expenses to carry out

5 the credit program of title I, Public Law 83–480, and the

6 Food for Progress Act of 1985, to the extent funds appro7 priated for Public Law 83–480 are utilized, $2,134,000, of

8 which $1,075,000 may be transferred to and merged with

9 the appropriation for ‘‘Foreign Agricultural Service, Sala10 ries and Expenses’’, and of which $1,059,000 may be trans11 ferred to and merged with the appropriation for ‘‘Farm

12 Service Agency, Salaries and Expenses’’.

13 PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL

14 GRANTS

15 (INCLUDING TRANSFER OF FUNDS)

16 For ocean freight differential costs for the shipment of

17 agricultural commodities under title I of the Agricultural

18 Trade Development and Assistance Act of 1954 and under

19 the Food for Progress Act of 1985, $28,000,000, to remain

20 available until expended: Provided, That funds made avail21 able for the cost of agreements under title I of the Agricul22 tural Trade Development and Assistance Act of 1954 and

23 for title I ocean freight differential may be used inter24 changeably between the two accounts with prior notice to

25 the Committees on Appropriations of both Houses of Con26 gress.
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1 PUBLIC LAW 480 TITLE II GRANTS

2 For expenses during the current fiscal year, not other3 wise recoverable, and unrecovered prior years’ costs, includ4 ing interest thereon, under the Agricultural Trade Develop5 ment and Assistance Act of 1954, for commodities supplied

6 in connection with dispositions abroad under title II of said

7 Act, $1,192,000,000, to remain available until expended.

8 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

9 AND CHILD NUTRITION PROGRAM GRANTS

10 For necessary expenses to carry out the provisions of

11 section 3107 of the Farm Security and Rural Investment

12 Act of 2002 (7 U.S.C. 1736o–1), $25,000,000, to remain

13 available until expended: Provided, That the Commodity

14 Credit Corporation is authorized to provide the services, fa15 cilities, and authorities for the purpose of implementing

16 such section, subject to reimbursement from amounts pro17 vided herein.

18 COMMODITY CREDIT CORPORATION EXPORT LOANS

19 PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For administrative expenses to carry out the Com22 modity Credit Corporation’s export guarantee program,

23 GSM 102 and GSM 103, $4,152,000; to cover common over24 head expenses as permitted by section 11 of the Commodity

25 Credit Corporation Charter Act and in conformity with the

26 Federal Credit Reform Act of 1990, of which $3,306,000
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1 may be transferred to and merged with the appropriation

2 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’,

3 and of which $846,000 may be transferred to and merged

4 with the appropriation for ‘‘Farm Service Agency, Salaries

5 and Expenses’’.

6 TITLE VI

7 RELATED AGENCIES AND FOOD AND DRUG

8 ADMINISTRATION

9 DEPARTMENT OF HEALTH AND HUMAN

10 SERVICES

11 FOOD AND DRUG ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Food and Drug Adminis14 tration, including hire and purchase of passenger motor ve15 hicles; for payment of space rental and related costs pursu16 ant to Public Law 92–313 for programs and activities of

17 the Food and Drug Administration which are included in

18 this Act; for rental of special purpose space in the District

19 of Columbia or elsewhere; and for miscellaneous and emer20 gency expenses of enforcement activities, authorized and ap21 proved by the Secretary and to be accounted for solely on

22 the Secretary’s certificate, not to exceed $25,000;

23 $1,663,228,000, of which not to exceed $249,825,000 to be

24 derived from prescription drug user fees authorized by 21

25 U.S.C. 379h, including any such fees assessed prior to the
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1 current fiscal year but credited during the current year, in

2 accordance with section 736(g)(4), shall be credited to this

3 appropriation and remain available until expended; and

4 of which not to exceed $29,190,000 to be derived from med5 ical device user fees authorized by 21 U.S.C. 379j shall be

6 credited to this appropriation, to remain available until ex7 pended: Provided, That fees derived from applications re8 ceived during fiscal year 2004 shall be subject to the fiscal

9 year 2004 limitation: Provided further, That none of these

10 funds shall be used to develop, establish, or operate any pro11 gram of user fees authorized by 31 U.S.C. 9701: Provided

12 further, That of the total amount appropriated: (1)

13 $412,020,000 shall be for the Center for Food Safety and

14 Applied Nutrition and related field activities in the Office

15 of Regulatory Affairs; (2) $475,655,000 shall be for the Cen16 ter for Drug Evaluation and Research and related field ac17 tivities in the Office of Regulatory Affairs, of which no less

18 than $13,270,000 shall be available for grants and contracts

19 awarded under section 5 of the Orphan Drug Act (21 U.S.C.

20 360ee) and of which no less than $52,845,000 shall be avail21 able for the generic drugs program; (3) $168,836,000 shall

22 be for the Center for Biologics Evaluation and Research and

23 for related field activities in the Office of Regulatory Af24 fairs; (4) $84,646,000 shall be for the Center for Veterinary

25 Medicine and for related field activities in the Office of Reg-
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1 ulatory Affairs; (5) $207,686,000 shall be for the Center for

2 Devices and Radiological Health and for related field ac3 tivities in the Office of Regulatory Affairs; (6) $39,887,000

4 shall be for the National Center for Toxicological Research;

5 (7) $40,851,000 shall be for Rent and Related activities,

6 other than the amounts paid to the General Services Ad7 ministration for rent; (8) $119,152,000 shall be for pay8 ments to the General Services Administration for rent; and

9 (9) $114,495,000 shall be for other activities, including the

10 Office of the Commissioner; the Office of Management and

11 Systems; the Office of External Relations; the Office of Pol12 icy, Legislation, and Planning; and central services for

13 these offices: Provided further, That funds may be trans14 ferred from one specified activity to another with the prior

15 approval of the Committees on Appropriations of both

16 Houses of Congress.

17 In addition, mammography user fees authorized by 42

18 U.S.C. 263b may be credited to this account, to remain

19 available until expended.

20 In addition, export certification user fees authorized

21 by 21 U.S.C. 381 may be credited to this account, to remain

22 available until expended.

23 BUILDINGS AND FACILITIES

24 For plans, construction, repair, improvement, exten25 sion, alteration, and purchase of fixed equipment or facili26 ties of or used by the Food and Drug Administration, where
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1 not otherwise provided, $7,948,000, to remain available

2 until expended.

3 INDEPENDENT AGENCIES

4 COMMODITY FUTURES TRADING COMMISSION

5 For necessary expenses to carry out the provisions of

6 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including

7 the purchase and hire of passenger motor vehicles, and the

8 rental of space (to include multiple year leases) in the Dis9 trict of Columbia and elsewhere, $88,435,000, including not

10 to exceed $3,000 for official reception and representation

11 expenses.

12 FARM CREDIT ADMINISTRATION

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 Not to exceed $40,900,000 (from assessments collected

15 from farm credit institutions and from the Federal Agricul16 tural Mortgage Corporation) shall be obligated during the

17 current fiscal year for administrative expenses as author18 ized under 12 U.S.C. 2249: Provided, That this limitation

19 shall not apply to expenses associated with receiverships.

20 TITLE VII—GENERAL PROVISIONS

21 SEC. 701. Within the unit limit of cost fixed by law,

22 appropriations and authorizations made for the Depart23 ment of Agriculture for the current fiscal year under this

24 Act shall be available for the purchase, in addition to those

25 specifically provided for, of not to exceed 398 passenger
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1 motor vehicles, of which 396 shall be for replacement only,

2 and for the hire of such vehicles.

3 SEC. 702. Funds in this Act available to the Depart4 ment of Agriculture shall be available for uniforms or allow5 ances therefor as authorized by law (5 U.S.C. 5901–5902).

6 SEC. 703. Funds appropriated by this Act shall be

7 available for employment pursuant to the second sentence

8 of section 706(a) of the Department of Agriculture Organic

9 Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.

10 SEC. 704. The Secretary of Agriculture may transfer

11 unobligated balances of discretionary funds appropriated

12 by this Act or other available unobligated discretionary bal13 ances of the Department of Agriculture to the Working Cap14 ital Fund for the acquisition of plant and capital equip15 ment necessary for the delivery of financial, administrative,

16 and information technology services of primary benefit to

17 the agencies of the Department of Agriculture: Provided,

18 That none of the funds made available by this Act or any

19 other Act shall be transferred to the Working Capital Fund

20 without the prior approval of the agency administrator:

21 Provided further, That none of the funds transferred to the

22 Working Capital Fund pursuant to this section shall be

23 available for obligation without the prior approval of the

24 Committees on Appropriations of both Houses of Congress.
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1 SEC. 705. New obligational authority provided for the

2 following appropriation items in this Act shall remain

3 available until expended: Animal and Plant Health Inspec4 tion Service, the contingency fund to meet emergency condi5 tions, information technology infrastructure, fruit fly pro6 gram, emerging plant pests, boll weevil program, and up

7 to 25 percent of the screwworm program; Food Safety and

8 Inspection Service, field automation and information man9 agement project; Cooperative State Research, Education,

10 and Extension Service, funds for competitive research

11 grants (7 U.S.C. 450i(b)), funds for the Research, Edu12 cation and Economics Information System (REEIS), and

13 funds for the Native American Institutions Endowment

14 Fund; Farm Service Agency, salaries and expenses funds

15 made available to county committees; Foreign Agricultural

16 Service, middle-income country training program and up

17 to $2,000,000 of the Foreign Agricultural Service appro18 priation solely for the purpose of offsetting fluctuations in

19 international currency exchange rates, subject to docu20 mentation by the Foreign Agricultural Service.

21 SEC. 706. No part of any appropriation contained in

22 this Act shall remain available for obligation beyond the

23 current fiscal year unless expressly so provided herein.

24 SEC. 707. Not to exceed $50,000 of the appropriations

25 available to the Department of Agriculture in this Act shall
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1 be available to provide appropriate orientation and lan2 guage training pursuant to section 606C of the Act of Au3 gust 28, 1954 (7 U.S.C. 1766b).

4 SEC. 708. No funds appropriated by this Act may be

5 used to pay negotiated indirect cost rates on cooperative

6 agreements or similar arrangements between the United

7 States Department of Agriculture and nonprofit institu8 tions in excess of 10 percent of the total direct cost of the

9 agreement when the purpose of such cooperative arrange10 ments is to carry out programs of mutual interest between

11 the two parties. This does not preclude appropriate pay12 ment of indirect costs on grants and contracts with such

13 institutions when such indirect costs are computed on a

14 similar basis for all agencies for which appropriations are

15 provided in this Act.

16 SEC. 709. None of the funds in this Act shall be avail17 able to restrict the authority of the Commodity Credit Cor18 poration to lease space for its own use or to lease space

19 on behalf of other agencies of the Department of Agriculture

20 when such space will be jointly occupied.

21 SEC. 710. None of the funds in this Act shall be avail22 able to pay indirect costs charged against competitive agri23 cultural research, education, or extension grant awards

24 issued by the Cooperative State Research, Education, and

25 Extension Service that exceed 19 percent of total Federal
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1 funds provided under each award: Provided, That notwith2 standing section 1462 of the National Agricultural Re3 search, Extension, and Teaching Policy Act of 1977 (7

4 U.S.C. 3310), funds provided by this Act for grants award5 ed competitively by the Cooperative State Research, Edu6 cation, and Extension Service shall be available to pay full

7 allowable indirect costs for each grant awarded under sec8 tion 9 of the Small Business Act (15 U.S.C. 638).

9 SEC. 711. Notwithstanding any other provision of this

10 Act, all loan levels provided in this Act shall be considered

11 estimates, not limitations.

12 SEC. 712. Appropriations to the Department of Agri13 culture for the cost of direct and guaranteed loans made

14 available in the current fiscal year shall remain available

15 until expended to cover obligations made in the current fis16 cal year for the following accounts: the Rural Development

17 Loan Fund program account, the Rural Telephone Bank

18 program account, the Rural Electrification and Tele19 communications Loans program account, the Rural Hous20 ing Insurance Fund program account, and the Rural Eco21 nomic Development Loans program account.

22 SEC. 713. None of the funds in this Act may be used

23 to retire more than 5 percent of the Class A stock of the

24 Rural Telephone Bank or to maintain any account or sub25 account within the accounting records of the Rural Tele-
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1 phone Bank the creation of which has not specifically been

2 authorized by statute: Provided, That notwithstanding any

3 other provision of law, none of the funds appropriated or

4 otherwise made available in this Act may be used to trans5 fer to the Treasury or to the Federal Financing Bank any

6 unobligated balance of the Rural Telephone Bank telephone

7 liquidating account which is in excess of current require8 ments and such balance shall receive interest as set forth

9 for financial accounts in section 505(c) of the Federal Cred10 it Reform Act of 1990.

11 SEC. 714. Of the funds made available by this Act, not

12 more than $1,800,000 shall be used to cover necessary ex13 penses of activities related to all advisory committees, pan14 els, commissions, and task forces of the Department of Agri15 culture, except for panels used to comply with negotiated

16 rule makings and panels used to evaluate competitively

17 awarded grants.

18 SEC. 715. None of the funds appropriated by this Act

19 may be used to carry out section 410 of the Federal Meat

20 Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry

21 Products Inspection Act (21 U.S.C. 471).

22 SEC. 716. No employee of the Department of Agri23 culture may be detailed or assigned from an agency or office

24 funded by this Act to any other agency or office of the De25 partment for more than 30 days unless the individual’s em-
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1 ploying agency or office is fully reimbursed by the receiving

2 agency or office for the salary and expenses of the employee

3 for the period of assignment.

4 SEC. 717. None of the funds appropriated or otherwise

5 made available to the Department of Agriculture shall be

6 used to transmit or otherwise make available to any non7 Department of Agriculture employee questions or responses

8 to questions that are a result of information requested for

9 the appropriations hearing process.

10 SEC. 718. None of the funds made available to the De11 partment of Agriculture by this Act may be used to acquire

12 new information technology systems or significant up13 grades, as determined by the Office of the Chief Information

14 Officer, without the approval of the Chief Information Offi15 cer and the concurrence of the Executive Information Tech16 nology Investment Review Board: Provided, That notwith17 standing any other provision of law, none of the funds ap18 propriated or otherwise made available by this Act may be

19 transferred to the Office of the Chief Information Officer

20 without the prior approval of the Committees on Appro21 priations of both Houses of Congress.

22 SEC. 719. (a) None of the funds provided by this Act,

23 or provided by previous Appropriations Acts to the agencies

24 funded by this Act that remain available for obligation or

25 expenditure in the current fiscal year, or provided from any
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1 accounts in the Treasury of the United States derived by

2 the collection of fees available to the agencies funded by this

3 Act, shall be available for obligation or expenditure through

4 a reprogramming of funds which: (1) creates new programs;

5 (2) eliminates a program, project, or activity; (3) increases

6 funds or personnel by any means for any project or activity

7 for which funds have been denied or restricted; (4) relocates

8 an office or employees; (5) reorganizes offices, programs, or

9 activities; or (6) contracts out or privatizes any functions

10 or activities presently performed by Federal employees; un11 less the Committees on Appropriations of both Houses of

12 Congress are notified 15 days in advance of such re13 programming of funds.

14 (b) None of the funds provided by this Act, or provided

15 by previous Appropriations Acts to the agencies funded by

16 this Act that remain available for obligation or expenditure

17 in the current fiscal year, or provided from any accounts

18 in the Treasury of the United States derived by the collec19 tion of fees available to the agencies funded by this Act,

20 shall be available for obligation or expenditure for activi21 ties, programs, or projects through a reprogramming of

22 funds in excess of $500,000 or 10 percent, whichever is less,

23 that: (1) augments existing programs, projects, or activities;

24 (2) reduces by 10 percent funding for any existing program,

25 project, or activity, or numbers of personnel by 10 percent
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1 as approved by Congress; or (3) results from any general

2 savings from a reduction in personnel which would result

3 in a change in existing programs, activities, or projects as

4 approved by Congress; unless the Committees on Appropria5 tions of both Houses of Congress are notified 15 days in

6 advance of such reprogramming of funds.

7 (c) The Secretary of Agriculture, the Secretary of

8 Health and Human Services, or the Chairman of the Com9 modity Futures Trading Commission shall notify the Com10 mittees on Appropriations of both Houses of Congress before

11 implementing a program or activity not carried out during

12 the previous fiscal year unless the program or activity is

13 funded by this Act or specifically funded by any other Act.

14 SEC. 720. With the exception of funds needed to ad15 minister and conduct oversight of grants awarded and obli16 gations incurred in prior fiscal years, none of the funds

17 appropriated or otherwise made available by this or any

18 other Act may be used to pay the salaries and expenses of

19 personnel to carry out the provisions of section 401 of Pub20 lic Law 105–185, the Initiative for Future Agriculture and

21 Food Systems (7 U.S.C. 7621).

22 SEC. 721. None of the funds made available to the Food

23 and Drug Administration by this Act shall be used to re24 duce the Detroit, Michigan, Food and Drug Administration

25 District Office below the operating and full-time equivalent
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1 staffing level of July 31, 1999; or to change the Detroit Dis2 trict Office to a station, residence post or similarly modified

3 office; or to reassign residence posts assigned to the Detroit

4 District Office: Provided, That this section shall not apply

5 to Food and Drug Administration field laboratory facilities

6 or operations currently located in Detroit, Michigan, except

7 that field laboratory personnel shall be assigned to locations

8 in the general vicinity of Detroit, Michigan, pursuant to

9 cooperative agreements between the Food and Drug Admin10 istration and other laboratory facilities associated with the

11 State of Michigan.

12 SEC. 722. None of the funds appropriated by this Act

13 or any other Act shall be used to pay the salaries and ex14 penses of personnel who prepare or submit appropriations

15 language as part of the President’s Budget submission to

16 the Congress of the United States for programs under the

17 jurisdiction of the Appropriations Subcommittees on Agri18 culture, Rural Development, Food and Drug Administra19 tion, and Related Agencies that assumes revenues or reflects

20 a reduction from the previous year due to user fees pro21 posals that have not been enacted into law prior to the sub22 mission of the Budget unless such Budget submission identi23 fies which additional spending reductions should occur in

24 the event the user fees proposals are not enacted prior to
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1 the date of the convening of a committee of conference for

2 the fiscal year 2005 appropriations Act.

3 SEC. 723. None of the funds made available by this

4 Act or any other Act may be used to close or relocate a

5 State Rural Development office unless or until cost effective6 ness and enhancement of program delivery have been deter7 mined.

8 SEC. 724. Of any shipments of commodities made pur9 suant to section 416(b) of the Agricultural Act of 1949 (7

10 U.S.C. 1431(b)), the Secretary of Agriculture shall, to the

11 extent practicable, direct that tonnage equal in value to not

12 more than $25,000,000 shall be made available to foreign

13 countries to assist in mitigating the effects of the Human

14 Immunodeficiency Virus and Acquired Immune Deficiency

15 Syndrome on communities, including the provision of—

16 (1) agricultural commodities to—

17 (A) individuals with Human Immuno18 deficiency Virus or Acquired Immune Deficiency

19 Syndrome in the communities; and

20 (B) households in the communities, particu21 larly individuals caring for orphaned children;

22 and

23 (2) agricultural commodities monetized to pro24 vide other assistance (including assistance under

25 microcredit and microenterprise programs) to create
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1 or restore sustainable livelihoods among individuals

2 in the communities, particularly individuals caring

3 for orphaned children.

4 SEC. 725. In addition to amounts otherwise appro5 priated or made available by this Act, $2,981,000 is appro6 priated for the purpose of providing Bill Emerson and

7 Mickey Leland Hunger Fellowships through the Congres8 sional Hunger Center.

9 SEC. 726. Notwithstanding section 412 of the Agricul10 tural Trade Development and Assistance Act of 1954 (7

11 U.S.C. 1736f), any balances available to carry out title III

12 of such Act as of the date of enactment of this Act, and

13 any recoveries and reimbursements that become available

14 to carry out title III of such Act, may be used to carry

15 out title II of such Act.

16 SEC. 727. Section 375(e)(6)(B) of the Consolidated

17 Farm and Rural Development Act (7 U.S.C.

18 2008j(e)(6)(B)) is amended by striking ‘‘$26,499,000’’ and

19 inserting ‘‘$26,998,000’’.

20 SEC. 728. None of the funds made available in this

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except pur23 suant to a transfer made by, or transfer authority provided

24 in, this Act or any other appropriation Act.
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1 SEC. 729. None of the funds made available to the Food

2 and Drug Administration by this Act shall be used to close

3 or relocate, or to plan to close or relocate, the Food and

4 Drug Administration Division of Pharmaceutical Analysis

5 in St. Louis, Missouri, outside the city or county limits

6 of St. Louis, Missouri.

7 SEC. 730. Notwithstanding any other provision of law,

8 of the funds made available in this Act for competitive re9 search grants (7 U.S.C. 450i(b)), the Secretary may use up

10 to 20 percent of the amount provided to carry out a com11 petitive grants program under the same terms and condi12 tions as those provided in section 401 of the Agricultural

13 Research, Extension, and Education Reform Act of 1998

14 (7 U.S.C. 7621), including requests for proposals for grants

15 for critical emerging issues described in section 401(c)(1)

16 of that Act for which the Secretary has not issued requests

17 for proposals for grants in fiscal year 2002 or 2003.

18 SEC. 731. Notwithstanding any other provision of law,

19 the Natural Resources Conservation Service shall provide

20 financial and technical assistance through the Watershed

21 and Flood Prevention Operations program to carry out the

22 Upper Tygart Valley Watershed project, West Virginia:

23 Provided, That the Natural Resources Conservation Service

24 is authorized to provide 100 percent of the engineering as-
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1 sistance and 75 percent cost share for installation of the

2 water supply component of this project.

3 SEC. 732. Agencies and offices of the Department of

4 Agriculture may utilize any unobligated salaries and ex5 penses funds to reimburse the Office of the General Counsel

6 for salaries and expenses of personnel, and for other related

7 expenses, incurred in representing such agencies and offices

8 in the resolution of complaints by employees or applicants

9 for employment, and in cases and other matters pending

10 before the Equal Employment Opportunity Commission,

11 the Federal Labor Relations Authority, or the Merit Sys12 tems Protection Board with the prior approval of the Com13 mittees on Appropriations of both Houses of Congress.

14 SEC. 733. None of the funds appropriated or made

15 available by this Act or any other Act may be used to pay

16 the salaries and expenses of personnel to carry out section

17 14(h)(1) of the Watershed Protection and Flood Prevention

18 Act (16 U.S.C. 1012(h)(1)).

19 SEC. 734. None of the funds appropriated or made

20 available by this Act, or any other Act, may be used to pay

21 the salaries and expenses of personnel to carry out subtitle

22 I of the Consolidated Farm and Rural Development Act (7

23 U.S.C. 2009dd through dd–7).

24 SEC. 735. None of the funds appropriated or made

25 available by this Act or any other Act may be used to pay
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1 the salaries and expenses of personnel to carry out section

2 6405 of Public Law 107–171 (7 U.S.C. 2655).

3 SEC. 736. Notwithstanding any other provision of law,

4 the Natural Resources Conservation Service may provide fi5 nancial and technical assistance through the Watershed and

6 Flood Prevention Operations program for the Kuhn Bayou

7 and Ditch 26 Improvement projects in Arkansas, the

8 Matanuska River erosion control project in Alaska, the

9 DuPage County Sawmill Creek Watershed project in Illi10 nois, and the Coal Creek project in Utah, and four flood

11 control structures in Marmaton, Kansas.

12 SEC. 737. None of the funds made available in fiscal

13 year 2004 or preceding fiscal years for programs authorized

14 under the Agricultural Trade Development and Assistance

15 Act of 1954 (7 U.S.C. 1691 et seq.) in excess of $20,000,000

16 shall be used to reimburse the Commodity Credit Corpora17 tion for the release of eligible commodities under section

18 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act

19 (7 U.S.C. 1736f–1): Provided, That any such funds made

20 available to reimburse the Commodity Credit Corporation

21 shall only be used pursuant to section 302(b)(2)(B)(i) of

22 the Bill Emerson Humanitarian Trust Act.

23 SEC. 738. Notwithstanding any other provision of law,

24 the Natural Resources Conservation Service may provide
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1 from appropriated funds financial and technical assistance

2 to the Dry Creek project, Utah.

3 SEC. 739. The Secretary of Agriculture is authorized

4 to permit employees of the United States Department of Ag5 riculture to carry and use firearms for personal protection

6 while conducting field work in remote locations in the per7 formance of their official duties.

8 SEC. 740. None of the funds appropriated or otherwise

9 made available by this Act shall be used to pay the salaries

10 and expenses of personnel to carry out the provisions of sec11 tions 7404(a)(1) and 7404(c)(1) of Public Law 107–171.

12 SEC. 741. Of the funds made available under section

13 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et

14 seq.), the Secretary may use up to $10,000,000 for costs as15 sociated with the distribution of commodities.

16 SEC. 742. None of the funds appropriated or otherwise

17 made available by this Act or any other Act shall be used

18 to pay the salaries and expenses of personnel to enroll in

19 excess of 189,144 acres in the calendar year 2004 wetlands

20 reserve program as authorized by 16 U.S.C. 3837.

21 SEC. 743. (a) Notwithstanding subsections (c) and

22 (e)(2) of section 313A of the Rural Electrification Act (7

23 U.S.C. 940c(c) and (e)(2)) in implementing section 313A

24 of that Act, the Secretary shall, with the consent of the lend25 er, structure the schedule for payment of the annual fee,
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1 not to exceed an average of 30 basis points per year for

2 the term of the loan, to ensure that sufficient funds are

3 available to pay the subsidy costs for note guarantees under

4 that section; and

5 (b) The Secretary shall publish a proposed rule to

6 carry out section 313A of the Rural Electrification Act of

7 1936 within 60 days of enactment of this Act.

8 SEC. 744. None of the funds appropriated or otherwise

9 made available by this Act or any other Act shall be used

10 to pay the salaries and expenses of personnel to carry out

11 a ground and surface water conservation program author12 ized by section 2301 of Public Law 107–171, the Farm Se13 curity and Rural Investment Act of 2002, in excess of

14 $51,000,000.

15 SEC. 745. None of the funds appropriated or otherwise

16 made available by this Act or any other Act shall be used

17 to pay the salaries and expenses of personnel to carry out

18 section 2502 of Public Law 107–171, the Farm Security

19 and Rural Investment Act of 2002, in excess of $42,000,000.

20 SEC. 746. None of the funds appropriated or otherwise

21 made available by this Act or any other Act shall be used

22 to pay the salaries and expenses of personnel to carry out

23 section 2503 of Public Law 107–171, the Farm Security

24 and Rural Investment Act of 2002, in excess of

25 $112,044,000.
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1 SEC. 747. There is hereby appropriated $3,000,000 to

2 carry out section 6028 of Public Law 107–171, the Farm

3 Security and Rural Investment Act of 2002: Provided, That

4 notwithstanding section 383B(g)(1) of the Consolidated

5 Farm and Rural Development Act (7 U.S.C. 2009bb–

6 1(g)(1)), the Federal share of the administrative expenses

7 of the Northern Great Plains Regional Authority for fiscal

8 year 2004 shall be 100 percent.

9 SEC. 748. None of the funds appropriated or made

10 available by this Act or any other Act may be used to pay

11 the salaries and expenses of personnel to carry out section

12 6029 of Public Law 107–171, the Farm Security and Rural

13 Investment Act of 2002: Provided, That this section shall

14 not apply to activities related to the promulgation of regu15 lations or the receipt and review of applications for the

16 Rural Business Investment Program.

17 SEC. 749. ACCESS TO BROADBAND TELECOMMUNI18 CATIONS SERVICES IN RURAL AREAS. None of the funds ap19 propriated or otherwise made available by this or any other

20 Act shall be used to pay the salaries and expenses of per21 sonnel to expend the $20,000,000 made available by section

22 601(j)(1)(A) of the Rural Electrification Act of 1936 (7

23 U.S.C. 950bb(j)(1)(A)) for fiscal year 2004.

24 SEC. 750. None of the funds appropriated or otherwise

25 made available by this Act or any other Act shall be used
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1 to pay the salaries and expenses of personnel to carry out

2 section 9006 of Public Law 107–171, the Farm Security

3 and Rural Investment Act of 2002.

4 SEC. 751. Agencies and offices of the Department of

5 Agriculture may utilize any available discretionary funds

6 to cover the costs of preparing, or contracting for the prepa7 ration of, final agency decisions regarding complaints of

8 discrimination in employment or program activities aris9 ing within such agencies and offices.

10 SEC. 752. Notwithstanding any other provision of law,

11 for any fiscal year, in the case of a high cost isolated rural

12 area that is not connected to a road system in Alaska, the

13 maximum level for the single family housing assistance

14 shall be 150 percent of the average income level in the met15 ropolitan areas of the State and 115 percent of all other

16 eligible areas of the State.

17 SEC. 753. Any unobligated balances in the Alternative

18 Agricultural Research and Commercialization Revolving

19 Fund are hereby rescinded.

20 SEC. 754. There is hereby appropriated $2,000,000, to

21 remain available until expended, for the Denali Commis22 sion to address deficiencies in solid waste disposal sites

23 which threaten to contaminate rural drinking water sup24 plies.
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1 SEC. 755. Notwithstanding any other provision of law,

2 the Secretary shall consider the City of Vicksburg, Mis3 sissippi; the City of Aberdeen, South Dakota; and the City

4 of Starkville, Mississippi as meeting the requirements of a

5 rural area contained in section 520 of the Housing Act of

6 1949 (42 U.S.C. 1490) until receipt of the decennial Census

7 for the year 2010.

8 SEC. 756. Notwithstanding any other provision of law,

9 the Secretary shall consider the City of Berlin, New Hamp10 shire; the City of Guymon, Oklahoma; the City of Shawnee,

11 Oklahoma; and the City of Altus, Oklahoma, to be eligible

12 for loans and grants provided through the Rural Commu13 nity Advancement Program until receipt of the decennial

14 Census in the year 2010.

15 SEC. 757. None of the funds made available in this

16 Act or any other Act may be used to study or enter into

17 a contract with a private party to carry out, without spe18 cific authorization in a subsequent Act of Congress, a com19 petitive sourcing activity of the Secretary of Agriculture,

20 including support personnel of the Department of Agri21 culture, relating to rural development or farm loan pro22 grams, animal disease research, or grant review or manage23 ment activities.
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1 SEC. 758. Section 501(b)(5)(B) of the Housing Act of

2 1949 (42 U.S.C. 1471(b)(5)(B) is amended by striking ‘‘for

3 fiscal years 2002 and 2003,’’.

4 SEC. 759. AGRICULTURAL MANAGEMENT ASSISTANCE.

5 Section 524(b)(4)(B) of the Federal Crop Insurance Act (7

6 U.S.C. 1542(b)(4)(B)) is amended—

7 (1) in clause (i), by striking ‘‘clause (ii)’’ and

8 inserting ‘‘clauses (ii) and (iii)’’; and

9 (2) by adding at the end the following:

10 ‘‘(iii) CERTAIN USES.—Of the amounts

11 made available to carry out this subsection

12 for each fiscal year, the Commodity Credit

13 Corporation shall use not less than—

14 ‘‘(I) $15,000,000 to carry out sub15 paragraphs (A), (B), and (C) of para16 graph (2) through the Natural Re17 sources Conservation Service; and

18 ‘‘(II) $2,000,000 to provide or19 ganic certification cost share assistance

20 through the Agricultural Marketing

21 Service.’’.

22 SEC. 760. TRAVEL RELATING TO COMMERCIAL SALES

23 OF AGRICULTURAL AND MEDICAL GOODS. Section 910(a)

24 of the Trade Sanctions Reform And Export Enhancement
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1 Act of 2000 (22 U.S.C. 7209(a)) is amended to read as fol2 lows:

3 ‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO COM4 MERCIAL SALES OF AGRICULTURAL AND MEDICAL

5 GOODS.—The Secretary of the Treasury shall promulgate

6 regulations under which the travel-related transactions list7 ed in paragraph (c) of section 515.560 of title 31, Code of

8 Federal Regulations, are authorized by general license for

9 travel to, from, or within Cuba for the purpose of confer10 ring, exhibiting, marketing, planning, sales negotiation, de11 livery, expediting, facilitating, or servicing commercial ex12 port sale of agricultural and medical goods pursuant to the

13 provisions of this title.’’.

14 SEC. 761. PROTECTION OF DOWNED ANIMALS. None

15 of the funds appropriated or otherwise made available by

16 this Act to pay the salaries or expenses of employees or

17 agents of the Department of Agriculture may be used to ap18 prove for human consumption under the Federal Meat In19 spection Act (21 U.S.C. 601 et seq.) any cattle, sheep, swine,

20 goats, horses, mules, or other equines that are unable to

21 stand or walk unassisted at an establishment subject to in22 spection at the point of examination and inspection, as re23 quired by section 3(a) of that Act (21 U.S.C. 603(a)).

24 SEC. 762. PROHIBITION OF ENERGY MARKET MANIPU25 LATION. (a) PROHIBITION.—Part II of the Federal Power
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1 Act (16 U.S.C. 824 et seq.) is amended by adding at the

2 end the following:

3 ‘‘SEC. 215. PROHIBITION OF MARKET MANIPULATION.

4 ‘‘It shall be unlawful for any person, directly or indi5 rectly, to use or employ, in connection with the purchase

6 or sale of electric energy or the purchase or sale of trans7 mission services subject to the jurisdiction of the Commis8 sion, any manipulative or deceptive device or contrivance

9 in contravention of such regulations as the Commission

10 may promulgate as appropriate in the public interest or

11 for the protection of electric ratepayers.’’.

12 (b) RATES RESULTING FROM MARKET MANIPULA13 TION.—Section 205(a) of the Federal Power Act (16 U.S.C.

14 824d(a)) is amended by inserting after ‘‘not just and rea15 sonable’’ the following: ‘‘or that result from a manipulative

16 or deceptive device or contrivance’’.

17 SEC. 763. Hereafter, no funds provided in this or any

18 other Act shall be available to the Secretary of Agriculture

19 acting through the Foreign Agricultural Service to promote

20 the sale or export of tobacco or tobacco products.

21 SEC. 764. IN GENERAL.—Section 3(o)(4) of the Food

22 Stamp Act of 1977, as amended (7 U.S.C. 2012(o)(4), is

23 amended by inserting before the period at the end the fol24 lowing: ‘‘, and except that on October 1, 2003, in the case

25 of households residing in Alaska and Hawaii the Secretary
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1 may not reduce the cost of such diet in effect on September

2 30, 2002’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall be effective beginning on September 30,

5 2003.

6 SEC. 765. MODIFICATION OF BOUNDARIES OF AROOS7 TOOK COUNTY AND GRIGGS-STEELE EMPOWERMENT

8 ZONES. (a) AROOSTOOK COUNTY EMPOWERMENT ZONE.—

9 Notwithstanding any other provision of law, the Aroostook

10 County empowerment zone shall include for the period such

11 empowerment zone remains designated, in addition to the

12 area designated as of the date of the enactment of this Act,

13 the remaining area of the county not included in such des14 ignation.

15 (b) GRIGGS-STEELE EMPOWERMENT ZONE.—Notwith16 standing any other provision of law, the Griggs-Steele em17 powerment zone shall include for the period such empower18 ment zone remains designated, in addition to the area des19 ignated as of the date of the enactment of this Act, the re20 maining area of Griggs County not included in such des21 ignation.

22 SEC. 766. COST-SHARING FOR ANIMAL AND PLANT

23 HEALTH EMERGENCY PROGRAMS. None of the funds made

24 available by this Act may be used to issue a final rule in

25 furtherance of, or otherwise implement, the proposed rule
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1 on cost-sharing for animal and plant health emergency pro2 grams of the Animal and Plant Health Inspection Service

3 published on July 8, 2003 (Docket No. 02–062–1; 68 Fed.

4 Reg. 40541).

5 SEC. 767. Section 601(b)(2) of the Rural Electrifica6 tion Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read

7 as follows:

8 ‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term

9 ‘eligible rural community’ means any area of the

10 United States that is not contained in an incor11 porated city or town with a population in excess of

12 20,000 inhabitants.’’.

13 SEC. 768. Notwithstanding any other provision of law,

14 for all activities under programs of the Rural Development

15 Mission Area within the County of Honolulu, Hawaii, the

16 Secretary may designate any portion of the county as a

17 rural area or eligible rural community that the Secretary

18 determines is not urban in character.

19 SEC. 769. The first sentence of section 306(g)(1) of the

20 National Housing Act (12 U.S.C. 1721(g)(1)) is amended—

21 (1) by striking ‘‘or title V of the Housing Act of

22 1949’’; and

23 (2) by inserting after ‘‘1944’’ the following: ‘‘,

24 title V of the Housing Act of 1949,’’.
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1 SEC. 770. Notwithstanding the provisions of the Con2 solidated Farm and Rural Development Act (including the

3 associated regulations) governing the Community Facilities

4 Program, the Secretary shall allow all Community Facility

5 Program facility borrowers and grantees to enter into con6 tracts with not-for-profit third parties for services con7 sistent with the requirements of the Program, grant, and/

8 or loan: Provided, That the contracts protect the interests

9 of the Government regarding cost, liability, maintenance,

10 and administrative fees.

11 SEC. 771. EQIP PAYMENT LIMIT. None of the funds

12 made available under this Act or any other Act shall be

13 used to pay the salaries and expenses of personnel to carry

14 out chapter 4 of subtitle D of the Food Security Act of 1985

15 (16 U.S.C. 3839aa et seq.) to make payments to an indi16 vidual, entity, or agricultural operation, directly or indi17 rectly, in excess of an aggregate of $300,000 for all contracts

18 entered into by the individual, entity, or agricultural oper19 ation during the period of fiscal years 2002 through 2007.

20 SEC. 772. Notwithstanding any other provision of law,

21 the Secretary of Agriculture may use appropriations avail22 able to the Secretary for activities authorized under sections

23 426–426c of title 7, United States Code, under this or any

24 other Act, to enter into cooperative agreements, with a

25 State, political subdivision, or agency thereof, a public or
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1 private agency, organization, or any other person, to lease

2 aircraft if the Secretary determines that the objectives of

3 the agreement will: (1) serve a mutual interest of the parties

4 to the agreement in carrying out the programs administered

5 by the Animal Plant Health Inspection Service, Wildlife

6 Service; and (2) all parties will contribute resources to the

7 accomplishment of these objectives; award of a cooperative

8 agreement authorized by the Secretary may be made for an

9 initial term not to exceed 5 years.

10 SEC. 773. CITRUS CANKER ASSISTANCE. Section 211

11 of the Agricultural Assistance Act of 2003 (117 Stat. 545)

12 is amended—

13 (1) in the section heading, by inserting ‘‘TREE

14 REPLACEMENT AND’’ after ‘‘FOR’’; and

15 (2) in subsection (a), by inserting ‘‘tree replace16 ment and’’ after ‘‘Florida for’’.

17 SEC. 774. RURAL ELECTRIFICATION. For fiscal year

18 2004, the Secretary of Agriculture may use any unobligated

19 carryover funds made available for any program adminis20 tered by the Rural Utilities Service (not including funds

21 made available under the heading ‘‘RURAL COMMUNITY AD22 VANCEMENT PROGRAM’’ in any Act of appropriation) to

23 carry out section 315 of the Rural Electrification Act of

24 1936 (7 U.S.C. 940e).
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1 SEC. 775. The Commissioner of the Food and Drug

2 Administration shall provide no less than $250,000, from

3 within funds appropriated or otherwise made available in

4 this Act for the Food and Drug Administration, to process

5 comments submitted in response to Docket No. 95N–0304

6 published in the Federal Register on March 5, 2003 (68FR

7 10417): Provided further, That the Commissioner should ex8 pedite and complete review of available scientific evidence

9 of ephedra’s pharmacology and mechanism of action.

10 SEC. 776. WORKLOAD ANALYSIS OF FARM SERVICE

11 AGENCY. None of the funds made available by this Act may

be used to pay more than 1 12 ⁄2 of the salary of the Under

13 Secretary for Farm and Foreign Agricultural Services after

14 January 31, 2004, unless and until the Secretary of Agri15 culture provides to the Committee on Agriculture of House

16 of Representatives and the Committee on Agriculture, Nu17 trition, and Forestry of the Senate a workload analysis of

18 employees of the Farm Service Agency for each of fiscal

19 years 2001, 2002, and 2003 (including an analysis of the

20 number of workload items and required man-years, by

21 State).

22 SEC. 777. SUN GRANT RESEARCH INITIATIVE. (a)

23 SHORT TITLE.—This section may be cited as the ‘‘Sun

24 Grant Research Initiative Act of 2003’’.
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1 (b) RESEARCH, EXTENSION, AND EDUCATIONAL PRO2 GRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PROD3 UCTS.—Title IX of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by

5 adding at the end the following:

6 ‘‘SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL

7 PROGRAMS ON BIOBASED ENERGY TECH8 NOLOGIES AND PRODUCTS.

9 ‘‘(a) PURPOSES.—The purposes of the programs estab10 lished under this section are—

11 ‘‘(1) to enhance national energy security through

12 the development, distribution, and implementation of

13 biobased energy technologies;

14 ‘‘(2) to promote diversification in, and the envi15 ronmental sustainability of, agricultural production

16 in the United States through biobased energy and

17 product technologies;

18 ‘‘(3) to promote economic diversification in rural

19 areas of the United States through biobased energy

20 and product technologies; and

21 ‘‘(4) to enhance the efficiency of bioenergy and

22 biomass research and development programs through

23 improved coordination and collaboration between the

24 Department of Agriculture, the Department of En25 ergy, and the land-grant colleges and universities.
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1 ‘‘(b) DEFINITIONS.—In this section:

2 ‘‘(1) LAND-GRANT COLLEGES AND UNIVER3 SITIES.—The term ‘land-grant colleges and univer4 sities’ means—

5 ‘‘(A) 1862 Institutions (as defined in sec6 tion 2 of the Agricultural Research, Extension,

7 and Education Reform Act of 1998 (7 U.S.C.

8 7601));

9 ‘‘(B) 1890 Institutions (as defined in sec10 tion 2 of that Act) and West Virginia State Col11 lege; and

12 ‘‘(C) 1994 Institutions (as defined in sec13 tion 2 of that Act).

14 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

15 the Secretary of Agriculture.

16 ‘‘(c) ESTABLISHMENT.—To carry out the purposes de17 scribed in subsection (a), the Secretary shall establish pro18 grams under which—

19 ‘‘(1) the Secretary shall provide grants to sun

20 grant centers specified in subsection (d); and

21 ‘‘(2) the sun grant centers shall use the grants in

22 accordance with this section.

23 ‘‘(d) GRANTS TO CENTERS.—The Secretary shall use

24 amounts made available for a fiscal year under subsection
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1 (j) to provide a grants in equal amounts to each of the fol2 lowing sun grant centers:

3 ‘‘(1) NORTH-CENTRAL CENTER.—A north-central

4 sun grant center at South Dakota State University

5 for the region composed of the States of Illinois, Indi6 ana, Iowa, Minnesota, Montana, Nebraska, North Da7 kota, South Dakota, Wisconsin, and Wyoming.

8 ‘‘(2) SOUTHEASTERN CENTER.—A southeastern

9 sun grant center at the University of Tennessee at

10 Knoxville for the region composed of—

11 ‘‘(A) the States of Alabama, Florida, Geor12 gia, Kentucky, Mississippi, North Carolina,

13 South Carolina, Tennessee, and Virginia;

14 ‘‘(B) the Commonwealth of Puerto Rico;

15 and

16 ‘‘(C) the United States Virgin Islands.

17 ‘‘(3) SOUTH-CENTRAL CENTER.—A south-central

18 sun grant center at Oklahoma State University for

19 the region composed of the States of Arkansas, Colo20 rado, Kansas, Louisiana, Missouri, New Mexico,

21 Oklahoma, and Texas.

22 ‘‘(4) WESTERN CENTER.—A western sun grant

23 center at Oregon State University for the region com24 posed of—
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1 ‘‘(A) the States of Alaska, Arizona, Cali2 fornia, Hawaii, Idaho, Nevada, Oregon, Utah,

3 and Washington; and

4 ‘‘(B) territories and possessions of the

5 United States (other than the territories referred

6 to in subparagraphs (B) and (C) of paragraph

7 (2)).

8 ‘‘(5) NORTHEASTERN CENTER.—A northeastern

9 sun grant center at Cornell University for the region

10 composed of the States of Connecticut, Delaware, Mas11 sachusetts, Maryland, Maine, Michigan, New Hamp12 shire, New Jersey, New York, Ohio, Pennsylvania,

13 Rhode Island, Vermont, and West Virginia.

14 ‘‘(e) USE OF FUNDS.—

15 ‘‘(1) CENTERS OF EXCELLENCE.—Of the amount

16 of funds that are made available for a fiscal year to

17 a sun grant center under subsection (d), the center

18 shall use not more than 25 percent of the amount for

19 administration to support excellence in science, engi20 neering, and economics at the center to promote the

21 purposes described in subsection (a) through the State

22 agricultural experiment station, cooperative extension

23 services, and relevant educational programs of the

24 university.
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1 ‘‘(2) GRANTS TO LAND-GRANT COLLEGES AND

2 UNIVERSITIES.—

3 ‘‘(A) IN GENERAL.—The sun grant center

4 established for a region shall use the funds that

5 remain available for a fiscal year after expendi6 tures made under paragraph (1) to provide com7 petitive grants to land-grant colleges and univer8 sities in the region of the sun grant center to

9 conduct, consistent with the purposes described

10 in subsection (a), multiinstitutional and

11 multistate—

12 ‘‘(i) research, extension, and edu13 cational programs on technology develop14 ment; and

15 ‘‘(ii) integrated research, extension,

16 and educational programs on technology

17 implementation.

18 ‘‘(B) PROGRAMS.—Of the amount of funds

19 that are used to provide grants for a fiscal year

20 under subparagraph (A), the center shall use—

21 ‘‘(i) not less than 30 percent of the

22 funds to carry out programs described in

23 subparagraph (A)(i); and
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1 ‘‘(ii) not less than 30 percent of the

2 funds to carry out programs described in

3 subparagraph (A)(ii).

4 ‘‘(3) INDIRECT COSTS.—A sun grant center may

5 not recover the indirect costs of making grants under

6 paragraph (2) to other land-grant colleges and uni7 versities.

8 ‘‘(f) PLAN.—

9 ‘‘(1) IN GENERAL.—Subject to the availability of

10 funds under subsection (j), in cooperation with other

11 land-grant colleges and universities and private in12 dustry in accordance with paragraph (2), the sun

13 grant centers shall jointly develop and submit to the

14 Secretary, for approval, a plan for addressing at the

15 State and regional levels the bioenergy, biomass, and

16 gasification research priorities of the Department of

17 Agriculture and the Department of Energy for the

18 making of grants under paragraphs (1) and (2) of

19 subsection (e).

20 ‘‘(2) GASIFICATION COORDINATION.—

21 ‘‘(A) IN GENERAL.—In developing the plan

22 under paragraph (1) with respect to gasification

23 research, the sun grant centers identified in

24 paragraphs (1) and (2) of subsection (d) shall

25 coordinate with land grant colleges and univer-
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1 sities in their respective regions that have ongo2 ing research activities with respect to the re3 search.

4 ‘‘(B) FUNDING.—Funds made available

5 under subsection (d) to the sun grant center

6 identified in subsection (e)(2) shall be available

7 to carry out planning coordination under para8 graph (1) of this subsection.

9 ‘‘(g) GRANTS TO OTHER LAND-GRANT COLLEGES AND

10 UNIVERSITIES.—

11 ‘‘(1) PRIORITY FOR GRANTS.—In making grants

12 under subsection (e)(2), a sun grant center shall give

13 a higher priority to programs that are consistent with

14 the plan approved by the Secretary under subsection

15 (f).

16 ‘‘(2) TERM OF GRANTS.—The term of a grant

17 provided by a sun grant center under subsection

18 (e)(2) shall not exceed 5 years.

19 ‘‘(h) GRANT INFORMATION ANALYSIS CENTER.—The

20 sun grant centers shall maintain a Sun Grant Information

21 Analysis Center at the sun grant center specified in sub22 section (d)(1) to provide sun grant centers analysis and

23 data management support.

24 ‘‘(i) ANNUAL REPORTS.—Not later than 90 days after

25 the end of a year for which a sun grant center receives a
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1 grant under subsection (d), the sun grant center shall sub2 mit to the Secretary a report that describes the policies, pri3 orities, and operations of the program carried out by the

4 center during the year, including a description of progress

5 made in facilitating the priorities described in subsection

6 (f).

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—

8 ‘‘(1) IN GENERAL.—There are authorized to be

9 appropriated to carry out this section—

10 ‘‘(A) $25,000,000 for fiscal year 2005;

11 ‘‘(B) $50,000,000 for fiscal year 2006; and

12 ‘‘(C) $75,000,000 for each of fiscal years

13 2007 through 2010.

14 ‘‘(2) GRANT INFORMATION ANALYSIS CENTER.—

15 Of amounts made available under paragraph (1), not

16 more than $4,000,000 for each fiscal year shall be

17 made available to carry out subsection (h).’’.

18 SEC. 778. DIETARY SUPPLEMENTS. The Commissioner

19 of Food and Drugs shall provide not less than $11,400,000

20 from within funds appropriated or otherwise made avail21 able by this Act for regulation by the Food and Drug Ad22 ministration of dietary supplements.

23 SEC. 779. SENSE OF SENATE ON IMPORTATION OF

24 CATTLE WITH BOVINE SPONGIFORM ENCEPHALOPATHY.

25 (a) FINDINGS.—The Senate finds that—
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1 (1) the United States beef industry is the single

2 largest segment of United States agriculture;

3 (2) the United States has never allowed the im4 portation of live cattle from a country that has been

5 found to have bovine spongiform encephalopathy (re6 ferred to in this section as ‘‘BSE’’);

7 (3) the importation of live cattle known to have

8 BSE could put the entire United States cattle indus9 try at unnecessary risk;

10 (4) food safety is a top priority for the people of

11 the United States; and

12 (5) the importation of beef and beef products

13 from a country known to have BSE could undermine

14 consumer confidence in the integrity of the food sup15 ply and present a possible danger to human health.

16 (b) SENSE OF SENATE.—It is the sense of the Senate

17 that the Secretary of Agriculture—

18 (1) should not allow the importation of live cat19 tle from any country known to have BSE unless the

20 country complies with the animal health guidelines

21 established by the World Organization for Animal

22 Health; and

23 (2) should abide by international standards for

24 the continued health and safety of the United States

25 livestock industry.
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1 SEC. 780. REDUCTION IN TRAVEL AMOUNTS. (a) IN

2 GENERAL.—Notwithstanding any other provision of this

3 Act, each amount provided by this Act for travel expenses

4 is reduced by the pro rata percentage required to reduce

5 the total amount provided by this Act for such expenses by

6 $6,000,000.

7 (b) REPORT.—Not later than 30 days after the date

8 of enactment of this Act, the Director of the Office of Man9 agement and Budget shall submit to the Committees on Ap10 propriations of the House of Representatives and the Senate

11 a listing of the amounts by account of the reductions made

12 pursuant to subsection (a).

13 SEC. 781. LIMITATION ON ALLOCATION OF PURCHASE

14 PRICES FOR BUTTER AND NONFAT DRY MILK. None of the

15 funds made available by this Act may be used to pay the

16 salaries or expenses of employees of the Department of Agri17 culture to allocate the rate of price support between the pur18 chase prices for nonfat dry milk and butter in a manner

19 does not support the price of milk in accordance with sec20 tion 1501(b) of the Farm Security and Rural Investment

21 Act of 2002 (7 U.S.C. 7981(b)).

22 SEC. 782. SENSE OF SENATE REGARDING COUNTRY OF

23 ORIGIN LABELING REQUIREMENTS. It is the sense of the

24 Senate that the conferees on the part of the Senate on this

25 bill shall insist that no limits on the use of funds to enforce
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1 country of origin labeling requirements for meat or meat

2 products be included in the conference report accompanying

3 the bill.

4 SEC. 783. EMERGENCY WATERSHED PROTECTION

5 PROGRAM. Notwithstanding any other provision of law, the

6 Secretary of Agriculture is authorized hereafter to make

7 funding and other assistance available through the emer8 gency watershed protection program under section 403 of

9 the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to

10 repair and prevent damage to non-Federal land in water11 sheds that have been impaired by fires initiated by the Fed12 eral Government and to waive cost sharing requirements

13 for the funding and assistance.

14 SEC. 784. The Secretary may waive the requirements

15 regarding small and emerging rural business as authorized

16 under the Rural Business Enterprise Grant program for

17 the purpose of a lease for the Oakridge Oregon Industrial

18 Park.

19 SEC. 785. WATER AND WASTE DISPOSAL GRANT TO

20 THE ALASKA DEPARTMENT OF COMMUNITY AND ECONOMIC

21 DEVELOPMENT. Notwithstanding any other provision of

22 law—

23 (1) the Alaska Department of Community and

24 Economic Development may be eligible to receive a

25 water and waste disposal grant under section 306(a)
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1 of the Consolidated Farm and Rural Development Act

2 (7 U.S.C. 1926(a)) in an amount that is up to 75

3 percent of the total cost of providing water and sewer

4 service to the proposed hospital in the Matanuska5 Susitna Borough, Alaska; and

6 (2) the Alaska Department of Community and

7 Economic Development may be allowed to pass the

8 grant funds through to the local government entity

9 that will provide water and sewer service to the hos10 pital.

11 SEC. 786. CONSERVATION RESERVE PROGRAM. Land

12 shall be considered eligible land under section 1231(b) of

13 the Food Security Act of 1985 (16 U.S.C. 3831(b)) for pur14 poses of enrollment into the conservation reserve program

15 established under subchapter B of chapter 1 of subtitle D

16 of title XII of the Food Security Act of 1985 (16 U.S.C.

17 3831 et seq.) if the land—

18 (1) is planted to hardwood trees as of the date

19 of enactment of this Act; and

20 (2) was enrolled in the conservation reserve pro21 gram under a contract that expired before the date of

22 enactment of this Act.

23 SEC. 787. PROHIBITION OF USE OF FUNDS TO PUR24 CHASE CHICKEN TREATED WITH FLUOROQUINOLONE. After

25 December 31, 2003, none of the funds made available by
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1 this Act may be used to purchase chickens or the products

2 of chickens for use in any program under the Child Nutri3 tion Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard

4 B. Russell National School Lunch Act (42 U.S.C. 1751 et

5 seq.), unless the supplier provides certification that the sup6 plier does not feed or administer fluoroquinolone to chickens

7 produced by the supplier.

8 SEC. 788. RENEWABLE ENERGY SYSTEM LOAN GUAR9 ANTEES. Title IX of the Farm Security and Rural Invest10 ment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by

11 adding the following new section:

12 ‘‘SEC. 9011. RENEWABLE ENERGY SYSTEM LOAN GUARAN13 TEES.

14 ‘‘(a) DEFINITION OF SUBSIDY COSTS.—In this section,

15 the term ‘subsidy costs’ has the meaning given the term

16 ‘cost’ in section 502 of the Federal Credit Reform Act of

17 1990 (2 U.S.C. 661a).

18 ‘‘(b) PROJECTS.—Section 9006(c)(1) shall not apply

19 to a loan guarantee made under this subsection to carry

20 out a project if—

21 ‘‘(1) the loan will be used—

22 ‘‘(A) to purchase a renewable energy system

23 that has, as one of its principal purposes, the

24 commercial production of an agricultural com25 modity; and
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1 ‘‘(B) to promote a solution to an environ2 mental problem in a rural area of the State in

3 which the project will be carried out;

4 ‘‘(2) the lender of the loan exercises due diligence

5 with respect to the borrower of the loan;

6 ‘‘(3) the borrower of the loan pays in full, before

7 the guarantee is issued, a guarantee fee in the amount

8 of the estimated subsidy cost of the guarantee, as de9 termined by the Director of the Office of Management

10 and Budget;

11 ‘‘(4) except as provided in paragraph (5), the

12 principal amount of the loan is not more than

13 $25,000,000;

14 ‘‘(5) the principal amount of the loan is more

15 than $25,000,000, but is not more than $75,000,000,

16 if the Secretary—

17 ‘‘(A) approves the loan application; and

18 ‘‘(B) does not delegate the authority de19 scribed in subparagraph (A);

20 ‘‘(6) the project requires no Federal or State fi21 nancial assistance, other than the loan guarantee pro22 vided under this subsection; and

23 ‘‘(7) the project complies with all necessary per24 mits, licenses, and approvals required under the laws

25 of the State.
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1 ‘‘(c) COST SHARING.—

2 ‘‘(1) IN GENERAL.—The amount of a loan guar3 antee under this section for a project described in sub4 section (b) shall not exceed 80 percent of the total

5 project cost.

6 ‘‘(2) SUBORDINATION.—Any financing for the

7 non-Federal share of the total project cost shall be

8 subordinated to the federally guaranteed portion of

9 the total project cost.

10 ‘‘(d) LOAN GUARANTEE LIMITS.—The loan guarantee

11 limitations applicable to the business and industry guar12 antee loan program authorized under section 310B of the

13 Consolidated Farm and Rural Development Act (7 U.S.C.

14 1932) shall apply to loan guarantees made under this sec15 tion.

16 ‘‘(e) MAXIMUM AMOUNT.—

17 ‘‘(1) INDIVIDUAL LOANS.—The amount of prin18 cipal for a loan under this section for a project de19 scribed in subsection (b) shall not exceed $75,000,000.

20 ‘‘(2) ALL LOANS.—The total outstanding amount

21 of principal for loans under this section for all

22 projects described in subsection (b) shall not exceed

23 $500,000,000.
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1 ‘‘(f) PROPOSED RULE.—The Secretary shall publish a

2 proposed rule to carry out this section within 120 days of

3 enactment of this Act.’’.

4 SEC. 789. WATER AND WASTE DISPOSAL GRANT TO

5 THE CITY OF POSTVILLE, IOWA. Notwithstanding any other

6 provision of law, the city of Postville, Iowa, shall be eligible

7 to receive a water and waste disposal grant under section

8 306(a) of the Consolidated Farm and Rural Development

9 Act (7 U.S.C. 1926(a)) in an amount that is equal to not

10 more than 75 percent of the total cost of providing water

11 and sewer service in the city.

12 SEC. 790. TEXAS RICE SAFEGUARD INITIATIVE. (a) IN

13 GENERAL.—In order to provide a safeguard against the fur14 ther decline of the rice industry and wildlife habitat in

15 Texas, and to provide information to the Congress in an16 ticipation of and preparation for the 2007 farm bill, the

17 Secretary of Agriculture shall conduct the initiative re18 quired under this section.

19 (b) ADMINISTRATIVE IMPROVEMENTS.—As an integral

20 part of the safeguard initiative the Secretary of Agriculture

21 shall review the administration and enhance the enforce22 ment of section 1105(a)(1)(E) of Public Law 107–171 as

23 it relates to and is applied to the control of noxious weeds

24 and the proper application and implementation of the con25 serving use requirements on rice base acreage in Texas.
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1 (c) REPORTS TO CONGRESS.—The Secretary shall re2 view and evaluate the costs, benefits and effects of the safe3 guard initiative on rice producers, including tenant rice

4 producers, the rice milling and processing industry, wildlife

5 habitat, and the economies of rice farming areas in Texas,

6 detailed by each of these affected interests and by the pro7 gram variables involved in the safeguard initiative under

8 subsection (b), including whether or not producers on a

9 farm have qualified plantings. The Secretary shall provide

10 to the Committee on Agriculture, Nutrition, and Forestry

11 of the Senate and the Committee on Agriculture of the

12 House of Representatives an annual report detailing the

13 progress and findings of the initiative not later than Feb14 ruary 1 of each of the years 2005 through 2007.

15 This Act may be cited as the ‘‘Agriculture, Rural De16 velopment, Food and Drug Administration, and Related

17 Agencies Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2673

AMENDMENT