108TH CONGRESS

1ST SESSION H. R. 2673

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.

108TH CONGRESS

1ST SESSION H. R. 2673

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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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

5 ending September 30, 2004, and for other purposes,

6 namely:

7 TITLE I

8 AGRICULTURAL PROGRAMS

9 PRODUCTION, PROCESSING, AND MARKETING

10 OFFICE OF THE SECRETARY

11 For necessary expenses of the Office of the Secretary

12 of Agriculture, $3,468,000: Provided, That not to exceed

13 $11,000 of this amount shall be available for official recep14 tion and representation expenses, not otherwise provided

15 for, as determined by the Secretary.

16 EXECUTIVE OPERATIONS

17 CHIEF ECONOMIST

18 For necessary expenses of the Chief Economist, in19 cluding economic analysis, risk assessment, cost-benefit

20 analysis, energy and new uses, and the functions of the

21 World Agricultural Outlook Board, as authorized by the

22 Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),

23 $8,716,000.

24 NATIONAL APPEALS DIVISION

25 For necessary expenses of the National Appeals Divi26 sion, $13,670,000.
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1 OFFICE OF BUDGET AND PROGRAM ANALYSIS

2 For necessary expenses of the Office of Budget and

3 Program Analysis, $7,749,000.

4 OFFICE OF THE CHIEF INFORMATION OFFICER

5 For necessary expenses of the Office of the Chief In6 formation Officer, $14,993,000.

7 COMMON COMPUTING ENVIRONMENT

8 For necessary expenses to acquire a Common Com9 puting Environment for the Natural Resources Conserva10 tion Service, the Farm and Foreign Agricultural Service,

11 and the Rural Development mission areas for information

12 technology, systems, and services, $133,155,000 (reduced

13 by $8,656,000) (reduced by $3,500,000) (reduced by

14 $20,000,000), to remain available until expended, for the

15 capital asset acquisition of shared information technology

16 systems, including services as authorized by 7 U.S.C.

17 6915–16 and 40 U.S.C. 1421–28: Provided, That obliga18 tion of these funds shall be consistent with the Depart19 ment of Agriculture Service Center Modernization Plan of

20 the county-based agencies, and shall be with the concur21 rence of the Department’s Chief Information Officer.

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Fi24 nancial Officer, $5,785,000: Provided, That the Chief Fi25 nancial Officer shall actively market and expand cross26 servicing activities of the National Finance Center: Pro-
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1 vided further, That no funds made available by this appro2 priation may be obligated for FAIR Act or Circular A–

3 76 activities until the Secretary has submitted to the Com4 mittees on Appropriations of both Houses of Congress a

5 report on the Department’s contracting out policies, in6 cluding agency budgets for contracting out.

7 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

8 RIGHTS

9 For necessary salaries and expenses of the Office of

10 the Assistant Secretary for Civil Rights, $397,000 (in11 creased by $411,000).

12 OFFICE OF THE ASSISTANT SECRETARY FOR

13 ADMINISTRATION

14 For necessary salaries and expenses of the Office of

15 the Assistant Secretary for Administration, $678,000.

16 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

17 PAYMENTS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For payment of space rental and related costs pursu20 ant to Public Law 92–313, including authorities pursuant

21 to the 1984 delegation of authority from the Adminis22 trator of General Services to the Department of Agri23 culture under 40 U.S.C. 486, for programs and activities

24 of the Department which are included in this Act, and for

25 alterations and other actions needed for the Department
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1 and its agencies to consolidate unneeded space into con2 figurations suitable for release to the Administrator of

3 General Services, and for the operation, maintenance, im4 provement, and repair of Agriculture buildings and facili5 ties, and for related costs, as follows: for payments to the

6 General Services Administration, $124,332,000 (reduced

7 by $800,000), for buildings operations and maintenance,

8 $32,559,000, to remain available until expended: Pro9 vided, That not to exceed 5 percent of amounts which are

10 made available for space rental and related costs for the

11 Department of Agriculture in this Act may be transferred

12 between such appropriations to cover the costs of new or

13 replacement space 15 days after notice thereof is trans14 mitted to the Appropriations Committees of both Houses

15 of Congress.

16 HAZARDOUS MATERIALS MANAGEMENT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Department of Agri19 culture, to comply with the Comprehensive Environmental

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

21 9601 et seq.) and the Resource Conservation and Recovery

22 Act (42 U.S.C. 6901 et seq.), $15,713,000, to remain

23 available until expended: Provided, That appropriations

24 and funds available herein to the Department for Haz25 ardous Materials Management may be transferred to any
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1 agency of the Department for its use in meeting all re2 quirements pursuant to the above Acts on Federal and

3 non-Federal lands.

4 DEPARTMENTAL ADMINISTRATION

5 (INCLUDING TRANSFERS OF FUNDS)

6 For Departmental Administration, $38,592,000 (in7 creased by $2,005,000), to provide for necessary expenses

8 for management support services to offices of the Depart9 ment and for general administration, security, repairs and

10 alterations, and other miscellaneous supplies and expenses

11 not otherwise provided for and necessary for the practical

12 and efficient work of the Department: Provided, That this

13 appropriation shall be reimbursed from applicable appro14 priations in this Act for travel expenses incident to the

15 holding of hearings as required by 5 U.S.C. 551–558.

16 OFFICE OF THE ASSISTANT SECRETARY FOR

17 CONGRESSIONAL RELATIONS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary salaries and expenses of the Office of

20 the Assistant Secretary for Congressional Relations to

21 carry out the programs funded by this Act, including pro22 grams involving intergovernmental affairs and liaison

23 within the executive branch, $3,796,000: Provided, That

24 these funds may be transferred to agencies of the Depart25 ment of Agriculture funded by this Act to maintain per-
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1 sonnel at the agency level: Provided further, That no funds

2 made available by this appropriation may be obligated

3 after 30 days from the date of enactment of this Act, un4 less the Secretary has notified the Committees on Appro5 priations of both Houses of Congress on the allocation of

6 these funds by USDA agency: Provided further, That no

7 other funds appropriated to the Department by this Act

8 shall be available to the Department for support of activi9 ties of congressional relations.

10 OFFICE OF COMMUNICATIONS

11 For necessary expenses to carry out services relating

12 to the coordination of programs involving public affairs,

13 for the dissemination of agricultural information, and the

14 coordination of information, work, and programs author15 ized by Congress in the Department, $9,245,000: Pro16 vided, That not to exceed $2,000,000 may be used for

17 farmers’ bulletins.

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General, including employment pursuant to the Inspector

21 General Act of 1978, $77,314,000 (increased by

22 $800,000), including such sums as may be necessary for

23 contracting and other arrangements with public agencies

24 and private persons pursuant to section 6(a)(9) of the In25 spector General Act of 1978, and including not to exceed
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1 $125,000 for certain confidential operational expenses as

2 well as the payment of informants, to be expended under

3 the direction of the Inspector General pursuant to Public

4 Law 95–452 and section 1337 of Public Law 97–98.

5 OFFICE OF THE GENERAL COUNSEL

6 For necessary expenses of the Office of the General

7 Counsel, $34,700,000.

8 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

9 EDUCATION, AND ECONOMICS

10 For necessary salaries and expenses of the Office of

11 the Under Secretary for Research, Education, and Eco12 nomics to administer the laws enacted by the Congress

13 for the Economic Research Service, the National Agricul14 tural Statistics Service, the Agricultural Research Service,

15 and the Cooperative State Research, Education, and Ex16 tension Service, $597,000.

17 ECONOMIC RESEARCH SERVICE

18 For necessary expenses of the Economic Research

19 Service in conducting economic research and analysis, as

20 authorized by the Agricultural Marketing Act of 1946 (7

21 U.S.C. 1621–1627) and other laws, $71,402,000.

22 NATIONAL AGRICULTURAL STATISTICS SERVICE

23 For necessary expenses of the National Agricultural

24 Statistics Service in conducting statistical reporting and

25 service work, including crop and livestock estimates, sta-
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1 tistical coordination and improvements, marketing sur2 veys, and the Census of Agriculture, as authorized by 7

3 U.S.C. 1621–1627 and 2204g, and other laws,

4 $129,800,000, of which up to $25,279,000 shall be avail5 able until expended for the Census of Agriculture.

6 AGRICULTURAL RESEARCH SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses to enable the Agricultural Re9 search Service to perform agricultural research and dem10 onstration relating to production, utilization, marketing,

11 and distribution (not otherwise provided for); home eco12 nomics or nutrition and consumer use including the acqui13 sition, preservation, and dissemination of agricultural in14 formation; and for acquisition of lands by donation, ex15 change, or purchase at a nominal cost not to exceed $100,

16 and for land exchanges where the lands exchanged shall

17 be of equal value or shall be equalized by a payment of

18 money to the grantor which shall not exceed 25 percent

19 of the total value of the land or interests transferred out

20 of Federal ownership, $1,014,000,000: Provided, That ap21 propriations hereunder shall be available for the operation

22 and maintenance of aircraft and the purchase of not to

23 exceed one for replacement only: Provided further, That

24 appropriations hereunder shall be available pursuant to 7

25 U.S.C. 2250 for the construction, alteration, and repair
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1 of buildings and improvements, but unless otherwise pro2 vided, the cost of constructing any one building shall not

3 exceed $375,000, except for headhouses or greenhouses

4 which shall each be limited to $1,200,000, and except for

5 10 buildings to be constructed or improved at a cost not

6 to exceed $750,000 each, and the cost of altering any one

7 building during the fiscal year shall not exceed 10 percent

8 of the current replacement value of the building or

9 $375,000, whichever is greater: Provided further, That the

10 limitations on alterations contained in this Act shall not

11 apply to modernization or replacement of existing facilities

12 at Beltsville, Maryland: Provided further, That appropria13 tions hereunder shall be available for granting easements

14 at the Beltsville Agricultural Research Center: Provided

15 further, That the foregoing limitations shall not apply to

16 replacement of buildings needed to carry out the Act of

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

18 funds may be received from any State, other political sub19 division, organization, or individual for the purpose of es20 tablishing or operating any research facility or research

21 project of the Agricultural Research Service, as authorized

22 by law.

23 None of the funds appropriated under this heading

24 shall be available to carry out research related to the pro-
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1 duction, processing, or marketing of tobacco or tobacco

2 products.

3 BUILDINGS AND FACILITIES

4 For acquisition of land, construction, repair, improve5 ment, extension, alteration, and purchase of fixed equip6 ment or facilities as necessary to carry out the agricultural

7 research programs of the Department of Agriculture,

8 where not otherwise provided, $35,900,000, to remain

9 available until expended.

10 COOPERATIVE STATE RESEARCH, EDUCATION, AND

11 EXTENSION SERVICE

12 RESEARCH AND EDUCATION ACTIVITIES

13 For payments to agricultural experiment stations, for

14 cooperative forestry and other research, for facilities, and

15 for other expenses, $594,772,000 (increased by $600,000)

16 (increased by $2,000,000), as follows: to carry out the pro17 visions of the Hatch Act of 1887 (7 U.S.C. 361a–i),

18 $180,148,000; for grants for cooperative forestry research

19 (16 U.S.C. 582a through a–7), $21,884,000; for payments

20 to the 1890 land-grant colleges, including Tuskegee Uni21 versity and West Virginia State College (7 U.S.C. 3222),

22 $36,000,000, of which $1,507,496 shall be made available

23 only for the purpose of ensuring that each institution shall

24 receive no less than $1,000,000; for special grants for ag25 ricultural research (7 U.S.C. 450i(c)), $101,241,000; for

26 special grants for agricultural research on improved pest
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1 control (7 U.S.C. 450i(c)), $15,194,000; for competitive

2 research grants (7 U.S.C. 450i(b)), $149,248,000; for the

3 support of animal health and disease programs (7 U.S.C.

4 3195), $5,065,000; for supplemental and alternative crops

5 and products (7 U.S.C. 3319d), $1,188,000; for the 1994

6 research grants program for 1994 institutions pursuant

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

8 note), $998,000, to remain available until expended; for

9 rangeland research grants (7 U.S.C. 3333), $1,000,000;

10 for higher education graduate fellowship grants (7 U.S.C.

11 3152(b)(6)), $3,222,000, to remain available until ex12 pended (7 U.S.C. 2209b); for higher education challenge

13 grants (7 U.S.C. 3152(b)(1)), $4,888,000; for a higher

14 education multicultural scholars program (7 U.S.C.

15 3152(b)(5)), $992,000, to remain available until ex16 pended; for an education grants program for Hispanic17 serving Institutions (7 U.S.C. 3241), $4,073,000 (in18 creased by $600,000); for noncompetitive grants for the

19 purpose of carrying out all provisions of 7 U.S.C. 3242

20 (section 759 of Public Law 106–78) to individual eligible

21 institutions or consortia of eligible institutions in Alaska

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

23 States of Alaska and Hawaii, $2,997,000; for a secondary

24 agriculture education program and 2-year post-secondary

25 education (7 U.S.C. 3152(j)), $994,000; for aquaculture
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1 grants (7 U.S.C. 3322), $3,996,000; for sustainable agri2 culture research and education (7 U.S.C. 5811),

3 $13,661,000; for a program of capacity building grants

4 (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds

5 under the Act of August 30, 1890 (7 U.S.C. 321–326 and

6 328), including Tuskegee University and West Virginia

7 State College, $9,479,000 (increased by $2,000,000), to

8 remain available until expended (7 U.S.C. 2209b); for pay9 ments to the 1994 Institutions pursuant to section

10 534(a)(1) of Public Law 103–382, $1,689,000; and for

11 necessary expenses of Research and Education Activities,

12 $36,815,000.

13 None of the funds appropriated under this heading

14 shall be available to carry out research related to the pro15 duction, processing, or marketing of tobacco or tobacco

16 products: Provided, That this paragraph shall not apply

17 to research on the medical, biotechnological, food, and in18 dustrial uses of tobacco.

19 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

20 For the Native American Institutions Endowment

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

22 note), $9,000,000.

23 EXTENSION ACTIVITIES

24 For payments to States, the District of Columbia,

25 Puerto Rico, Guam, the Virgin Islands, Micronesia,

26 Northern Marianas, and American Samoa, $438,242,000
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1 (increased by $1,500,000), as follows: payments for coop2 erative extension work under the Smith-Lever Act, to be

3 distributed under sections 3(b) and 3(c) of said Act, and

4 under section 208(c) of Public Law 93–471, for retire5 ment and employees’ compensation costs for extension

6 agents, $275,940,000; payments for extension work at the

7 1994 Institutions under the Smith-Lever Act (7 U.S.C.

8 343(b)(3)), $3,273,000; payments for the nutrition and

9 family education program for low-income areas under sec10 tion 3(d) of the Act, $58,185,000; payments for the pest

11 management program under section 3(d) of the Act,

12 $10,689,000; payments for the farm safety program under

13 section 3(d) of the Act, $5,489,000; payments to upgrade

14 research, extension, and teaching facilities at the 1890

15 land-grant colleges, including Tuskegee University and

16 West Virginia State College, as authorized by section 1447

17 of Public Law 95–113 (7 U.S.C. 3222b), $13,500,000 (in18 creased by $1,500,000), to remain available until ex19 pended; payments for youth-at-risk programs under sec20 tion 3(d) of the Smith-Lever Act, $8,426,000; for youth

21 farm safety education and certification extension grants,

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

23 $496,000; payments for carrying out the provisions of the

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

25 1671 et seq.), $4,093,000; payments for Indian reserva-
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1 tion agents under section 3(d) of the Smith-Lever Act,

2 $1,983,000; payments for sustainable agriculture pro3 grams under section 3(d) of the Act, $4,843,000; pay4 ments for cooperative extension work by the colleges re5 ceiving the benefits of the second Morrill Act (7 U.S.C.

6 321–326 and 328) and Tuskegee University and West Vir7 ginia State College, $31,908,000, of which $1,724,884

8 shall be made available only for the purpose of ensuring

9 that each institution shall receive no less than $1,000,000;

10 and for necessary expenses of extension activities,

11 $19,417,000.

12 INTEGRATED ACTIVITIES

13 For the integrated research, education, and extension

14 grants programs, including necessary administrative ex15 penses, $62,942,000, as follows: for competitive grants

16 programs authorized under section 406 of the Agricultural

17 Research, Extension, and Education Reform Act of 1998

18 (7 U.S.C. 7626), $43,942,000, including $12,887,000 for

19 the water quality program, $14,870,000 for the food safe20 ty program, $4,501,000 for the regional pest management

21 centers program, $4,857,000 for the Food Quality Protec22 tion Act risk mitigation program for major food crop sys23 tems, $1,487,000 for the crops affected by Food Quality

24 Protection Act implementation, $3,229,000 for the methyl

25 bromide transition program, and $2,111,000 for the or26 ganic transition program; for a competitive international
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1 science and education grants program authorized under

2 section 1459A of the National Agricultural Research, Ex3 tension, and Teaching Policy Act of 1977 (7 U.S.C.

4 3292b), to remain available until expended, $1,000,000;

5 for grants programs authorized under section 2(c)(1)(B)

6 of Public Law 89–106, as amended, $2,000,000, including

7 $497,000, to remain available until September 30, 2005

8 for the critical issues program, and $1,503,000 for the re9 gional rural development centers program; and

10 $16,000,000 for the homeland security program author11 ized under section 1484 of the National Agricultural Re12 search, Extension, and Teaching Act of 1977, to remain

13 available until September 30, 2005.

14 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

15 For grants and contracts pursuant to section 2501

16 of the Food, Agriculture, Conservation, and Trade Act of

17 1990 (7 U.S.C. 2279), $3,470,000 (increased by

18 $5,000,000), to remain available until expended.

19 OFFICE OF THE UNDER SECRETARY FOR MARKETING

20 AND REGULATORY PROGRAMS

21 For necessary salaries and expenses of the Office of

22 the Under Secretary for Marketing and Regulatory Pro23 grams to administer programs under the laws enacted by

24 the Congress for the Animal and Plant Health Inspection

25 Service; the Agricultural Marketing Service; and the Grain
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1 Inspection, Packers and Stockyards Administration;

2 $725,000.

3 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For expenses, not otherwise provided for, necessary

7 to prevent, control, and eradicate pests and plant and ani8 mal diseases; to carry out inspection, quarantine, and reg9 ulatory activities; and to protect the environment, as au10 thorized by law, $725,502,000, of which $4,139,000 shall

11 be available for the control of outbreaks of insects, plant

12 diseases, animal diseases and for control of pest animals

13 and birds to the extent necessary to meet emergency con14 ditions; of which $51,000,000 shall be used for the boll

15 weevil eradication program for cost share purposes or for

16 debt retirement for active eradication zones: Provided,

17 That no funds shall be used to formulate or administer

18 a brucellosis eradication program for the current fiscal

19 year that does not require minimum matching by the

20 States of at least 40 percent: Provided further, That this

21 appropriation shall be available for the operation and

22 maintenance of aircraft and the purchase of not to exceed

23 four, of which two shall be for replacement only: Provided

24 further, That, in addition, in emergencies which threaten

25 any segment of the agricultural production industry of this

26 country, the Secretary may transfer from other appropria-
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1 tions or funds available to the agencies or corporations

2 of the Department such sums as may be deemed nec3 essary, to be available only in such emergencies for the

4 arrest and eradication of contagious or infectious disease

5 or pests of animals, poultry, or plants, and for expenses

6 in accordance with sections 10411 and 10417 of the Ani7 mal Health Protection Act (7 U.S.C. 8310 and 8316) and

8 sections 431 and 442 of the Plant Protection Act (7

9 U.S.C. 7751 and 7772), and any unexpended balances of

10 funds transferred for such emergency purposes in the pre11 ceding fiscal year shall be merged with such transferred

12 amounts: Provided further, That appropriations hereunder

13 shall be available pursuant to law (7 U.S.C. 2250) for the

14 repair and alteration of leased buildings and improve15 ments, but unless otherwise provided the cost of altering

16 any one building during the fiscal year shall not exceed

17 10 percent of the current replacement value of the build18 ing.

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

20 fees to cover the total costs of providing technical assist21 ance, goods, or services requested by States, other political

22 subdivisions, domestic and international organizations,

23 foreign governments, or individuals, provided that such

24 fees are structured such that any entity’s liability for such

25 fees is reasonably based on the technical assistance, goods,
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1 or services provided to the entity by the agency, and such

2 fees shall be credited to this account, to remain available

3 until expended, without further appropriation, for pro4 viding such assistance, goods, or services.

5 BUILDINGS AND FACILITIES

6 For plans, construction, repair, preventive mainte7 nance, environmental support, improvement, extension, al8 teration, and purchase of fixed equipment or facilities, as

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

10 authorized by 7 U.S.C. 428a, $4,996,000, to remain avail11 able until expended.

12 AGRICULTURAL MARKETING SERVICE

13 MARKETING SERVICES

14 For necessary expenses to carry out services related

15 to consumer protection, agricultural marketing and dis16 tribution, transportation, and regulatory programs, as au17 thorized by law, and for administration and coordination

18 of payments to States, $75,953,000, including funds for

19 the wholesale market development program for the design

20 and development of wholesale and farmer market facilities

21 for the major metropolitan areas of the country: Provided,

22 That this appropriation shall be available pursuant to law

23 (7 U.S.C. 2250) for the alteration and repair of buildings

24 and improvements, but the cost of altering any one build25 ing during the fiscal year shall not exceed 10 percent of

26 the current replacement value of the building.
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1 Fees may be collected for the cost of standardization

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

3 U.S.C. 9701).

4 LIMITATION ON ADMINISTRATIVE EXPENSES

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

6 be obligated during the current fiscal year for administra7 tive expenses: Provided, That if crop size is understated

8 and/or other uncontrollable events occur, the agency may

9 exceed this limitation by up to 10 percent with notification

10 to the Committees on Appropriations of both Houses of

11 Congress.

12 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

13 SUPPLY (SECTION 32)

14 (INCLUDING TRANSFERS OF FUNDS)

15 Funds available under section 32 of the Act of Au16 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com17 modity program expenses as authorized therein, and other

18 related operating expenses, except for: (1) transfers to the

19 Department of Commerce as authorized by the Fish and

20 Wildlife Act of August 8, 1956; (2) transfers otherwise

21 provided in this Act; and (3) not more than $15,392,000

22 for formulation and administration of marketing agree23 ments and orders pursuant to the Agricultural Marketing

24 Agreement Act of 1937 and the Agricultural Act of 1961.
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1 PAYMENTS TO STATES AND POSSESSIONS

2 For payments to departments of agriculture, bureaus

3 and departments of markets, and similar agencies for

4 marketing activities under section 204(b) of the Agricul5 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

6 $1,347,000.

7 GRAIN INSPECTION, PACKERS AND STOCKYARDS

8 ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses to carry out the provisions

11 of the United States Grain Standards Act, for the admin12 istration of the Packers and Stockyards Act, for certifying

13 procedures used to protect purchasers of farm products,

14 and the standardization activities related to grain under

15 the Agricultural Marketing Act of 1946, $39,690,000:

16 Provided, That this appropriation shall be available pursu17 ant to law (7 U.S.C. 2250) for the alteration and repair

18 of buildings and improvements, but the cost of altering

19 any one building during the fiscal year shall not exceed

20 10 percent of the current replacement value of the build21 ing.

22 LIMITATION ON INSPECTION AND WEIGHING SERVICES

23 EXPENSES

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

25 be obligated during the current fiscal year for inspection

26 and weighing services: Provided, That if grain export ac-
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1 tivities require additional supervision and oversight, or

2 other uncontrollable factors occur, this limitation may be

3 exceeded by up to 10 percent with notification to the Com4 mittees 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

7 the Under Secretary for Food Safety to administer the

8 laws enacted by the Congress for the Food Safety and In9 spection Service, $599,000.

10 FOOD SAFETY AND INSPECTION SERVICE

11 For necessary expenses to carry out services author12 ized by the Federal Meat Inspection Act, the Poultry

13 Products Inspection Act, and the Egg Products Inspection

14 Act, including not to exceed $50,000 for representation

15 allowances and for expenses pursuant to section 8 of the

16 Act approved August 3, 1956 (7 U.S.C. 1766),

17 $785,261,000; and in addition, $1,000,000 may be cred18 ited to this account from fees collected for the cost of lab19 oratory accreditation as authorized by section 1327 of the

20 Food, Agriculture, Conservation and Trade Act of 1990

21 (7 U.S.C. 138f): Provided, That this appropriation shall

22 be available pursuant to law (7 U.S.C. 2250) for the alter23 ation and repair of buildings and improvements, but the

24 cost of altering any one building during the fiscal year
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1 shall not exceed 10 percent of the current replacement

2 value of the building.

3 OFFICE OF THE UNDER SECRETARY FOR FARM AND

4 FOREIGN AGRICULTURAL SERVICES

5 For necessary salaries and expenses of the Office of

6 the Under Secretary for Farm and Foreign Agricultural

7 Services to administer the laws enacted by Congress for

8 the Farm Service Agency, the Foreign Agricultural Serv9 ice, the Risk Management Agency, and the Commodity

10 Credit Corporation, $636,000.

11 FARM SERVICE AGENCY

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses for carrying out the adminis15 tration and implementation of programs administered by

16 the Farm Service Agency, $1,016,836,000: Provided, That

17 the Secretary of Agriculture is authorized to use the serv18 ices, facilities, and authorities (but not the funds) of the

19 Commodity Credit Corporation to make program pay20 ments for all programs administered by the Agency: Pro21 vided further, That other funds made available to the

22 Agency for authorized activities may be advanced to and

23 merged with this account.
24

•HR 2673 EH

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–

4 5106), $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 the Agri13 culture, Rural Development, Food and Drug Administra14 tion, and Related Agencies Appropriations Act, 2001

15 (Public Law 106–387, 114 Stat. 1549A–12).

16 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For gross obligations for the principal amount of di20 rect and guaranteed loans as authorized by 7 U.S.C.

21 1928–1929, to be available from funds in the Agricultural

22 Credit Insurance Fund, as follows: farm ownership loans,

23 $1,083,143,000, of which $950,000,000 shall be for guar24 anteed loans and $133,143,000 shall be for direct loans;

25 operating loans, $2,200,440,000, of which $1,330,000,000

26 shall be for unsubsidized guaranteed loans, $252,937,000
25

•HR 2673 EH

1 shall be for subsidized guaranteed loans and $617,503,000

2 shall be for direct loans; Indian tribe land acquisition

3 loans as authorized by 25 U.S.C. 488, $2,000,000; and

4 for boll weevil eradication program loans as authorized by

5 7 U.S.C. 1989, $100,000,000.

6 For the cost of direct and guaranteed loans, including

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

8 the Congressional Budget Act of 1974, as follows: farm

9 ownership loans, $34,528,000, of which $5,130,000 shall

10 be for guaranteed loans, and $29,398,000 shall be for di11 rect loans; operating loans, $165,633,000, of which

12 $44,289,000 shall be for unsubsidized guaranteed loans,

13 $32,300,000 shall be for subsidized guaranteed loans, and

14 $89,044,000 shall be for direct loans.

15 In addition, for administrative expenses necessary to

16 carry out the direct and guaranteed loan programs,

17 $298,136,000, of which $290,136,000 shall be transferred

18 to and merged with the appropriation for ‘‘Farm Service

19 Agency, Salaries and Expenses’’.

20 Funds appropriated by this Act to the Agricultural

21 Credit Insurance Program Account for farm ownership

22 and operating direct loans and guaranteed loans may be

23 transferred among these programs: Provided, That the

24 Committees on Appropriations of both Houses of Congress

25 are notified at least 15 days in advance of any transfer.
26

•HR 2673 EH

1 RISK MANAGEMENT AGENCY

2 For administrative and operating expenses, as au3 thorized by section 226A of the Department of Agriculture

4 Reorganization Act of 1994 (7 U.S.C. 6933),

5 $71,509,000: Provided, That not to exceed $1,000 shall

6 be available for official reception and representation ex7 penses, as authorized by 7 U.S.C. 1506(i).

8 CORPORATIONS

9 The following corporations and agencies are hereby

10 authorized to make expenditures, within the limits of

11 funds and borrowing authority available to each such cor12 poration or agency and in accord with law, and to make

13 contracts and commitments without regard to fiscal year

14 limitations as provided by section 104 of the Government

15 Corporation Control Act as may be necessary in carrying

16 out the programs set forth in the budget for the current

17 fiscal year for such corporation or agency, except as here18 inafter provided.

19 FEDERAL CROP INSURANCE CORPORATION FUND

20 For payments as authorized by section 516 of the

21 Federal Crop Insurance Act (7 U.S.C. 1516), such sums

22 as may be necessary, to remain available until expended.
27

•HR 2673 EH

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 reim6 bursed, pursuant to section 2 of the Act of August 17,

7 1961 (15 U.S.C. 713a–11).

8 HAZARDOUS WASTE MANAGEMENT

9 (LIMITATION ON EXPENSES)

10 For the current fiscal year, the Commodity Credit

11 Corporation shall not expend more than $5,000,000 for

12 site investigation and cleanup expenses, and operations

13 and maintenance expenses to comply with the requirement

14 of section 107(g) of the Comprehensive Environmental

15 Response, 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

23 the Under Secretary for Natural Resources and Environ24 ment to administer the laws enacted by the Congress for

25 the Forest Service and the Natural Resources Conserva26 tion Service, $745,000.
28

•HR 2673 EH

1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provi4 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),

5 including preparation of conservation plans and establish6 ment of measures to conserve soil and water (including

7 farm irrigation and land drainage and such special meas8 ures for soil and water management as may be necessary

9 to prevent floods and the siltation of reservoirs and to con10 trol agricultural related pollutants); operation of conserva11 tion plant materials centers; classification and mapping of

12 soil; dissemination of information; acquisition of lands,

13 water, and interests therein for use in the plant materials

14 program by donation, exchange, or purchase at a nominal

15 cost not to exceed $100 pursuant to the Act of August

16 3, 1956 (7 U.S.C. 428a); purchase and erection or alter17 ation or improvement of permanent and temporary build18 ings; and operation and maintenance of aircraft,

19 $850,004,000, to remain available until expended (7

20 U.S.C. 2209b), of which not less than $9,215,000 is for

21 snow survey and water forecasting, and not less than

22 $11,722,000 is for operation and establishment of the

23 plant materials centers, and of which not less than

24 $23,500,000 shall be for the grazing lands conservation

25 initiative: Provided, That appropriations hereunder shall
29

•HR 2673 EH

1 be available pursuant to 7 U.S.C. 2250 for construction

2 and improvement of buildings and public improvements at

3 plant materials centers, except that the cost of alterations

4 and improvements to other buildings and other public im5 provements shall not exceed $250,000: Provided further,

6 That when buildings or other structures are erected on

7 non-Federal land, that the right to use such land is ob8 tained as provided in 7 U.S.C. 2250a: Provided further,

9 That this appropriation shall be available for technical as10 sistance and related expenses to carry out programs au11 thorized by section 202(c) of title II of the Colorado River

12 Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):

13 Provided further, That qualified local engineers may be

14 temporarily employed at per diem rates to perform the

15 technical planning work of the Service.

16 WATERSHED SURVEYS AND PLANNING

17 For necessary expenses to conduct research, inves18 tigation, and surveys of watersheds of rivers and other wa19 terways, and for small watershed investigations and plan20 ning, in accordance with the Watershed Protection and

21 Flood Prevention Act (16 U.S.C. 1001–1009),

22 $11,124,000: Provided, That none of the funds made

23 available under this paragraph by this or any other appro24 priations Act may be used to provide technical assistance

25 with respect to programs listed in section 1241(a) of the

26 Food Security Act of 1985 (16 U.S.C. 3841(a)).
30

•HR 2673 EH

1 WATERSHED AND FLOOD PREVENTION OPERATIONS

2 For necessary expenses to carry out preventive meas3 ures, including but not limited to research, engineering op4 erations, methods of cultivation, the growing of vegetation,

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

6 in accordance with the Watershed Protection and Flood

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

8 the provisions of the Act of April 27, 1935 (16 U.S.C.

9 590a–f), and in accordance with the provisions of laws re10 lating to the activities of the Department, $90,000,000,

11 to remain available until expended of which up to

12 $10,000,000 shall be available for the watersheds author13 ized under the Flood Control Act (33 U.S.C. 701 and 16

14 U.S.C. 1006a): Provided, That not to exceed $40,000,000

15 of this appropriation shall be made available for technical

16 assistance: Provided further, That not to exceed

17 $1,000,000 of this appropriation is available to carry out

18 the purposes of the Endangered Species Act of 1973 (Pub19 lic Law 93–205), including cooperative efforts as con20 templated by that Act to relocate endangered or threat21 ened species to other suitable habitats as may be necessary

22 to expedite project construction: Provided further, That

23 the amount of federal funds that may be made available

24 to an eligible local organization for construction of a par25 ticular rehabilitation project shall be equal to 65 percent
31

•HR 2673 EH

1 of the total rehabilitation costs, but not to exceed 100 per2 cent of actual construction costs incurred in the rehabilita3 tion: Provided further, That consistent with existing stat4 ute, rehabilitation assistance provided may not be used to

5 perform operation and maintenance activities specified in

6 the agreement for the covered water resource projects en7 tered into between the Secretary and the eligible local or8 ganization responsible for the works of improvement: Pro9 vided further, That none of the funds made available under

10 this paragraph by this or any other appropriations Act

11 may be used to provide technical assistance with respect

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

13 Act of 1985 (16 U.S.C. 3841(a)).

14 WATERSHED REHABILITATION PROGRAM

15 For necessary expenses to carry out rehabilitation of

16 structural measures, in accordance with section 14 of the

17 Watershed Protection and Flood Prevention Act, as

18 amended, (16 U.S.C. 1012), and in accordance with the

19 provisions of laws relating to the activities of the Depart20 ment, $40,000,000, to remain available until expended:

21 Provided, That none of the funds made available under

22 this paragraph by this or any other appropriations Act

23 may be used to provide technical assistance with respect

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

25 Act of 1985 (16 U.S.C. 3841(a)).
32

•HR 2673 EH

1 RESOURCE CONSERVATION AND DEVELOPMENT

2 For necessary expenses in planning and carrying out

3 projects for resource conservation and development and

4 for sound land use pursuant to the provisions of sections

5 31 and 32(l) of title III of the Bankhead-Jones Farm Ten6 ant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the Act of

7 April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title

8 XV of the Agriculture and Food Act of 1981 (16 U.S.C.

9 3451–3461), $52,894,000, to remain available until ex10 pended: Provided, That none of the funds made available

11 under this paragraph by this or any other appropriations

12 Act may be used to provide technical assistance with re13 spect to programs listed in section 1241(a) of the Food

14 Security Act of 1985 (16 U.S.C. 3841(a)): Provided fur15 ther, That a cooperative or contribution agreement with

16 a national association regarding a Resource Conservation

17 and Development program shall contain the same match18 ing, contribution requirements, and funding level, set forth

19 in a similar cooperative or contribution agreement with a

20 national association in fiscal year 2002: Provided further,

21 That not to exceed $3,504,300, the same amount as in

22 the budget, shall be available for national headquarters ac23 tivities.
33

•HR 2673 EH

1 TITLE III

2 RURAL DEVELOPMENT PROGRAMS

3 OFFICE OF THE UNDER SECRETARY FOR RURAL

4 DEVELOPMENT

5 For necessary salaries and expenses of the Office of

6 the Under Secretary for Rural Development to administer

7 programs under the laws enacted by the Congress for the

8 Rural Housing Service, the Rural Business-Cooperative

9 Service, and the Rural Utilities Service of the Department

10 of Agriculture, $636,000.

11 RURAL COMMUNITY ADVANCEMENT PROGRAM

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

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

14 1926d, and 1932, except for sections 381E–H and 381N

15 of the Consolidated Farm and Rural Development Act,

16 $706,006,000, to remain available until expended, of

17 which $27,000,000 shall be for rural community programs

18 described in section 381E(d)(1) of such Act; of which

19 $605,006,000 shall be for the rural utilities programs de20 scribed in sections 381E(d)(2), 306C(a)(2), and 306D of

21 such Act, of which not to exceed $500,000 shall be avail22 able for the rural utilities program described in section

23 306(a)(2)(B) of such Act, and of which not to exceed

24 $1,000,000 shall be available for the rural utilities pro25 gram described in section 306E of such Act; and of which

26 $74,000,000 shall be for the rural business and coopera-
34

•HR 2673 EH

1 tive development programs described in sections

2 381E(d)(3) and 310B(f) of such Act: Provided, That of

3 the total amount appropriated in this account,

4 $13,000,000 shall be for loans and grants to benefit Fed5 erally Recognized Native American Tribes, including

6 grants for drinking water and waste disposal systems pur7 suant to section 306C of such Act, of which $4,000,000

8 shall be available for community facilities grants to tribal

9 colleges, as authorized by section 306(a)(19) of the Con10 solidated Farm and Rural Development Act, and of which

11 $250,000 shall be available for a grant to a qualified na12 tional organization to provide technical assistance for

13 rural transportation in order to promote economic develop14 ment: Provided further, That of the amount appropriated

15 for rural community programs, $6,000,000 shall be avail16 able for a Rural Community Development Initiative: Pro17 vided further, That such funds shall be used solely to de18 velop the capacity and ability of private, nonprofit commu19 nity-based housing and community development organiza20 tions, low-income rural communities, and Federally Recog21 nized Native American Tribes to undertake projects to im22 prove housing, community facilities, community and eco23 nomic development projects in rural areas: Provided fur24 ther, That such funds shall be made available to qualified

25 private, nonprofit and public intermediary organizations
35

•HR 2673 EH

1 proposing to carry out a program of financial and tech2 nical assistance: Provided further, That such intermediary

3 organizations shall provide matching funds from other

4 sources, including Federal funds for related activities, in

5 an amount not less than funds provided: Provided further,

6 That of the amount appropriated for the rural business

7 and cooperative development programs, not to exceed

8 $500,000 shall be made available for a grant to a qualified

9 national organization to provide technical assistance for

10 rural transportation in order to promote economic develop11 ment: Provided further, That of the amount appropriated

12 for rural utilities programs, not to exceed $25,000,000

13 shall be for water and waste disposal systems to benefit

14 the Colonias along the United States/Mexico border, in15 cluding grants pursuant to section 306C of such Act; not

16 to exceed $17,465,000 shall be for technical assistance

17 grants for rural water and waste systems pursuant to sec18 tion 306(a)(14) of such Act, of which $5,513,000 shall

19 be for Rural Community Assistance Programs and not to

20 exceed $13,000,000 shall be for contracting with qualified

21 national organizations for a circuit rider program to pro22 vide technical assistance for rural water systems: Provided

23 further, That of the total amount appropriated, not to ex24 ceed $22,132,000 shall be available through June 30,

25 2004, for authorized empowerment zones and enterprise
36

•HR 2673 EH

1 communities and communities designated by the Secretary

2 of Agriculture as Rural Economic Area Partnership

3 Zones; of which $1,000,000 shall be for the rural commu4 nity programs described in section 381E(d)(1) of such

5 Act, of which $12,582,000 shall be for the rural utilities

6 programs described in section 381E(d)(2) of such Act,

7 and of which $8,550,000 shall be for the rural business

8 and cooperative development programs described in sec9 tion 381E(d)(3) of such Act.

10 RURAL DEVELOPMENT SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses for carrying out the adminis13 tration and implementation of programs in the Rural De14 velopment mission area, including activities with institu15 tions concerning the development and operation of agricul16 tural cooperatives; and for cooperative agreements;

17 $146,495,000: Provided, That not more than $10,000

18 may be expended to provide modest nonmonetary awards

19 to non-USDA employees: Provided further, That any

20 balances available from prior years for the Rural Utilities

21 Service, Rural Housing Service, and the Rural Business22 Cooperative Service salaries and expenses accounts shall

23 be transferred to and merged with this appropriation.
37

•HR 2673 EH

1 RURAL HOUSING SERVICE

2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For gross obligations for the principal amount of di5 rect and guaranteed loans as authorized by title V of the

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

7 rural housing insurance fund, as follows: $4,091,634,000

8 for loans to section 502 borrowers, as determined by the

9 Secretary, of which $1,366,462,000 shall be for direct

10 loans, and of which not more than $2,725,172,000 shall

11 be for unsubsidized guaranteed loans; $35,003,000 for

12 section 504 housing repair loans; $116,545,000 for section

13 515 rental housing; $100,000,000 for section 538 guaran14 teed multi-family housing loans; $5,045,000 for section

15 524 site loans; $11,500,000 for credit sales of acquired

16 property, of which up to $1,500,000 may be for multi17 family credit sales; and $5,000,000 for section 523 self18 help housing land development loans.

19 For the cost of direct and guaranteed loans, including

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

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

22 502 loans, $165,921,000, of which $126,018,000 shall be

23 for direct loans, and of which $39,903,000, to remain

24 available until expended, shall be for unsubsidized guaran25 teed loans; section 504 housing repair loans, $9,612,000;

26 section 515 rental housing, $50,126,000 of which
38

•HR 2673 EH

1 $20,086,400 shall be for repair and rehabilitation, and

2 $30,039,600 shall be for new construction; section 538

3 multi-family housing guaranteed loans, $5,950,000; multi4 family credit sales of acquired property, $663,000; and

5 section 523 self-help housing land development loans,

6 $154,000: Provided, That of the total amount appro7 priated in this paragraph, $7,100,000 shall be available

8 through June 30, 2004, for authorized empowerment

9 zones and enterprise communities and communities des10 ignated by the Secretary of Agriculture as Rural Economic

11 Area Partnership Zones.

12 In addition, for administrative expenses necessary to

13 carry out the direct and guaranteed loan programs,

14 $447,151,000, which shall be transferred to and merged

15 with the appropriation for ‘‘Rural Development, Salaries

16 and Expenses’’.

17 RENTAL ASSISTANCE PROGRAM

18 For rental assistance agreements entered into or re19 newed pursuant to the authority under section 521(a)(2)

20 or agreements entered into in lieu of debt forgiveness or

21 payments for eligible households as authorized by section

22 502(c)(5)(D) of the Housing Act of 1949, $731,000,000;

23 and, in addition, such sums as may be necessary, as au24 thorized by section 521(c) of the Act, to liquidate debt

25 incurred prior to fiscal year 1992 to carry out the rental

26 assistance program under section 521(a)(2) of the Act:
39

•HR 2673 EH

1 Provided, That of this amount, not more than $5,900,000

2 shall be available for debt forgiveness or payments for eli3 gible households as authorized by section 502(c)(5)(D) of

4 the Act, and not to exceed $10,000 per project for ad5 vances to nonprofit organizations or public agencies to

6 cover direct costs (other than purchase price) incurred in

7 purchasing projects pursuant to section 502(c)(5)(C) of

8 the Act: Provided further, That agreements entered into

9 or renewed during the current fiscal year shall be funded

10 for a 5-year period, although the life of any such agree11 ment may be extended to fully utilize amounts obligated.

12 MUTUAL AND SELF-HELP HOUSING GRANTS

13 For grants and contracts pursuant to section

14 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

15 1490c), $34,772,000, to remain available until expended:

16 Provided, That of the total amount appropriated,

17 $1,000,000 shall be available through June 30, 2004, for

18 authorized empowerment zones and enterprise commu19 nities and communities designated by the Secretary of Ag20 riculture as Rural Economic Area Partnership Zones.

21 RURAL HOUSING ASSISTANCE GRANTS

22 For grants and contracts for very low-income housing

23 repair, supervisory and technical assistance, compensation

24 for construction defects, and rural housing preservation

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

26 U.S.C. 1474, 1479(c), 1490e, and 1490m, $42,222,000,
40

•HR 2673 EH

1 to remain available until expended: Provided, That of the

2 total amount appropriated, $1,800,000 shall be available

3 through June 30, 2004, for authorized empowerment

4 zones and enterprise communities and communities des5 ignated by the Secretary of Agriculture as Rural Economic

6 Area Partnership Zones.

7 FARM LABOR PROGRAM ACCOUNT

8 For the cost of direct loans, grants, and contracts,

9 as authorized by 42 U.S.C. 1484 and 1486, $36,307,000,

10 to remain available until expended, for direct farm labor

11 housing loans and domestic farm labor housing grants and

12 contracts.

13 RURAL BUSINESS—COOPERATIVE SERVICE

14 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the principal amount of direct loans, as author17 ized by the Rural Development Loan Fund (42 U.S.C.

18 9812(a)), $40,000,000.

19 For the cost of direct loans, $17,308,000, as author20 ized by the Rural Development Loan Fund (42 U.S.C.

21 9812(a)), of which $1,724,000 shall be available through

22 June 30, 2004, for Federally Recognized Native American

23 Tribes and of which $3,449,000 shall be available through

24 June 30, 2004, for Mississippi Delta Region counties (as

25 defined by Public Law 100–460): Provided, That such

26 costs, including the cost of modifying such loans, shall be
41

•HR 2673 EH

1 as defined in section 502 of the Congressional Budget Act

2 of 1974: Provided further, That of the total amount appro3 priated, $2,447,000 shall be available through June 30,

4 2004, for the cost of direct loans for authorized empower5 ment zones and enterprise communities and communities

6 designated by the Secretary of Agriculture as Rural Eco7 nomic Area Partnership Zones.

8 In addition, for administrative expenses to carry out

9 the direct loan programs, $4,283,000 shall be transferred

10 to and merged with the appropriation for ‘‘Rural Develop11 ment, Salaries and Expenses’’.

12 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

13 ACCOUNT

14 (INCLUDING RESCISSION OF FUNDS)

15 For the principal amount of direct loans, as author16 ized under section 313 of the Rural Electrification Act,

17 for the purpose of promoting rural economic development

18 and job creation projects, $16,120,000.

19 For the cost of direct loans, including the cost of

20 modifying loans as defined in section 502 of the Congres21 sional Budget Act of 1974, $3,000,000.

22 Of the funds derived from interest on the cushion of

23 credit payments in the current fiscal year, as authorized

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

25 $3,000,000 shall not be obligated and $3,000,000 are re26 scinded.
42

•HR 2673 EH

1 RURAL COOPERATIVE DEVELOPMENT GRANTS

2 For rural cooperative development grants authorized

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

4 Rural Development Act (7 U.S.C. 1932), $13,000,000, of

5 which $2,500,000 shall be for cooperative agreements for

6 the appropriate technology transfer for rural areas pro7 gram: Provided, That not to exceed $1,500,000 shall be

8 for cooperatives or associations of cooperatives whose pri9 mary focus is to provide assistance to small, minority pro10 ducers, of which not to exceed $500,000 shall be for coop11 erative research agreements; and of which not to exceed

12 $4,000,000, to remain available until expended, shall be

13 for value-added agricultural product market development

14 grants, as authorized by section 6401 of the Farm Secu15 rity and Rural Investment Act of 2002 (7 U.S.C. 1621

16 note).

17 RURAL EMPOWERMENT ZONES AND ENTERPRISE

18 COMMUNITIES GRANTS

19 For grants in connection with a second round of em20 powerment zones and enterprise communities,

21 $10,967,000, to remain available until expended, for des22 ignated rural empowerment zones and rural enterprise

23 communities, as authorized by the Taxpayer Relief Act of

24 1997 and the Omnibus Consolidated and Emergency Sup25 plemental Appropriations Act, 1999 (Public Law 105–

26 277).
43

•HR 2673 EH

1 RENEWABLE ENERGY PROGRAM

2 For the cost of direct loans and grants, as authorized

3 by section 9006 of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 8106), $3,000,000 (increased

5 by $20,000,000) for direct renewable energy loans and

6 grants: Provided, That the cost of direct loans and loan

7 guarantees, including the cost of modifying such loans,

8 shall be as defined in section 502 of the Congressional

9 Budget Act of 1974.

10 RURAL UTILITIES SERVICE

11 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

12 LOANS PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 Insured loans pursuant to the authority of section

15 305 of the Rural Electrification Act of 1936 (7 U.S.C.

16 935) shall be made as follows: 5 percent rural electrifica17 tion loans, $240,000,000; municipal rate rural electric

18 loans, $1,000,000,000; loans made pursuant to section

19 306 of that Act, rural electric, $2,000,000,000; Treasury

20 rate direct electric loans, $750,000,000; 5 percent rural

21 telecommunication loans, $145,000,000; cost of money

22 rural telecommunication loans, $300,000,000; and loans

23 made pursuant to section 306 of that Act, rural tele24 communication loans, $120,000,000.

25 For the cost, as defined in section 502 of the Con26 gressional Budget Act of 1974, including the cost of modi-
44

•HR 2673 EH

1 fying loans, of direct and guaranteed loans authorized by

2 sections 305 and 306 of the Rural Electrification Act of

3 1936 (7 U.S.C. 935 and 936), as follows: cost of rural

4 electric loans, $60,000, and the cost of telecommunication

5 loans, $125,000: Provided, That notwithstanding section

6 305(d)(2) of the Rural Electrification Act of 1936, bor7 rower interest rates may exceed 7 percent per year.

8 In addition, for administrative expenses necessary to

9 carry out the direct and guaranteed loan programs,

10 $38,166,000 which shall be transferred to and merged

11 with the appropriation for ‘‘Rural Development, Salaries

12 and Expenses’’.

13 RURAL TELEPHONE BANK PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 The Rural Telephone Bank is hereby authorized to

16 make such expenditures, within the limits of funds avail17 able to such corporation in accord with law, and to make

18 such contracts and commitments without regard to fiscal

19 year limitations as provided by section 104 of the Govern20 ment Corporation Control Act, as may be necessary in car21 rying out its authorized programs.

22 For administrative expenses, including audits, nec23 essary to carry out the loan programs and continue to

24 service existing loans, $3,182,000, to be derived by trans25 fer from the shareholder’s equity, contained in the unobli26 gated balances in the Rural Telephone Bank Liquidating
45

•HR 2673 EH

1 Account, which shall be transferred to and merged with

2 the appropriation for ‘‘Rural Development, Salaries and

3 Expenses’’.

4 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

5 PROGRAM

6 For the principal amount of direct distance learning

7 and telemedicine loans, $300,000,000; and for the prin8 cipal amount of broadband telecommunication loans,

9 $336,000,000.

10 For grants for telemedicine and distance learning

11 services in rural areas, as authorized by 7 U.S.C. 950aaa

12 et seq., $25,000,000, to remain available until expended.

13 For the cost of direct and guaranteed broadband

14 loans, as authorized by 7 U.S.C. 901 et seq., $9,116,000:

15 Provided, That the cost of direct loans shall be as defined

16 in section 502 of the Congressional Budget Act of 1974.

17 In addition, $8,000,000, to remain available until ex18 pended, for a grant program to finance broadband trans19 mission in areas that meet the definition of ‘‘rural area’’

20 used for the Broadband Loan Program authorized by 7

21 U.S.C. 901.
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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

6 the Under Secretary for Food, Nutrition, and Consumer

7 Services to administer the laws enacted by the Congress

8 for the Food and Nutrition Service, $599,000.

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

16 remain available through September 30, 2005, of which

17 $6,718,780,000 is hereby appropriated and

18 $4,699,661,000 shall be derived by transfer from funds

19 available under section 32 of the Act of August 24, 1935

20 (7 U.S.C. 612c): Provided, that $6,000,000 shall be avail21 able for the Food and Nutrition Service to conduct a study

22 of certification error and its effect on expenditures in the

23 National School Lunch and School Breakfast Programs

24 and an assessment of the feasibility of using income data

25 matching in those Programs: Provided further, that except

26 as specifically provided under this heading, none of the
47

•HR 2673 EH

1 funds made available under this heading shall be used for

2 studies and evaluations: Provided further, That up to

3 $5,235,000 shall be available for independent verification

4 of school food service claims.

5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

6 WOMEN, INFANTS, AND CHILDREN (WIC)

7 For necessary expenses to carry out the special sup8 plemental nutrition program as authorized by section 17

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

10 $4,588,310,000, to remain available through September

11 30, 2005, of which $20,000,000 shall be for a

12 breastfeeding support initiative in addition to the activities

13 specified in section 17(h)(3)(A); $25,000,000 shall be for

14 a management information system initiative; and

15 $25,000,000, to remain available until expended, shall be

16 placed in reserve for use in only such amounts, and in

17 such manner, as the Secretary determines necessary, not18 withstanding section 17(i) of the Child Nutrition Act, to

19 provide funds to support participation, should costs or

20 participation exceed budget estimates: Provided, That not21 withstanding section 17(h)(10)(A) of such Act,

22 $14,000,000 shall be available for the purposes specified

23 in section 17(h)(10)(B): Provided further, That notwith24 standing section 17(g)(5) of such Act, $4,000,000 shall

25 be available for pilot projects to prevent childhood obesity:

26 Provided further, That none of the funds made available
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•HR 2673 EH

1 under this heading shall be used for studies and evalua2 tions: Provided further, That none of the funds in this Act

3 shall be available to pay administrative expenses of WIC

4 clinics except those that have an announced policy of pro5 hibiting smoking within the space used to carry out the

6 program: Provided further, That none of the funds pro7 vided in this account shall be available for the purchase

8 of infant formula except in accordance with the cost con9 tainment and competitive bidding requirements specified

10 in section 17 of such Act: Provided further, That none of

11 the funds provided shall be available for activities that are

12 not fully reimbursed by other Federal Government depart13 ments or agencies unless authorized by section 17 of such

14 Act.

15 FOOD STAMP PROGRAM

16 For necessary expenses to carry out the Food Stamp

17 Act (7 U.S.C. 2011 et seq.), $27,745,981,000, of which

18 $2,000,000,000 shall be placed in reserve for use only in

19 such amounts and at such times as may become necessary

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

21 the funds made available under this heading shall be used

22 for studies and evaluations: Provided further, That funds

23 provided herein shall be expended in accordance with sec24 tion 16 of the Food Stamp Act: Provided further, That

25 this appropriation shall be subject to any work registration

26 or workfare requirements as may be required by law: Pro-
49

•HR 2673 EH

1 vided further, That funds made available for Employment

2 and Training under this heading shall remain available

3 until expended, as authorized by section 16(h)(1) of the

4 Food Stamp Act.

5 COMMODITY ASSISTANCE PROGRAM

6 For necessary expenses to carry out disaster assist7 ance and the commodity supplemental food program as

8 authorized by section 4(a) of the Agriculture and Con9 sumer Protection Act of 1973 (7 U.S.C. 612c note); the

10 Emergency Food Assistance Act of 1983; special assist11 ance for the nuclear affected islands, as authorized by sec12 tion 103(h)(2) of the Compacts of Free Association Act

13 of 1985; and the Farmers’ Market Nutrition Program, as

14 authorized by section 17(m) of the Child Nutrition Act

15 of 1966, $166,072,000, to remain available through Sep16 tember 30, 2005: Provided, That none of these funds shall

17 be available to reimburse the Commodity Credit Corpora18 tion for commodities donated to the program.

19 NUTRITION PROGRAMS ADMINISTRATION

20 For necessary administrative expenses of the domes21 tic nutrition assistance programs funded under this Act,

22 $140,512,000, of which $5,000,000 shall be available only

23 for simplifying procedures, reducing overhead costs, tight24 ening regulations, improving food stamp benefit delivery,

25 and assisting in the prevention, identification, and pros26 ecution of fraud and other violations of law and of which
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•HR 2673 EH

1 not less than $7,500,000 shall be available to improve in2 tegrity in the Food Stamp and Child Nutrition programs.

3 TITLE V

4 FOREIGN ASSISTANCE AND RELATED

5 PROGRAMS

6 FOREIGN AGRICULTURAL SERVICE

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Foreign Agricultural

10 Service, including carrying out title VI of the Agricultural

11 Act of 1954 (7 U.S.C. 1761–1768), market development

12 activities abroad, and for enabling the Secretary to coordi13 nate and integrate activities of the Department in connec14 tion with foreign agricultural work, including not to exceed

15 $158,000 for representation allowances and for expenses

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

17 (7 U.S.C. 1766), $133,924,000: Provided, That the Serv18 ice may utilize advances of funds, or reimburse this appro19 priation for expenditures made on behalf of Federal agen20 cies, public and private organizations and institutions

21 under agreements executed pursuant to the agricultural

22 food production assistance programs (7 U.S.C. 1737) and

23 the foreign assistance programs of the United States

24 Agency for International Development.
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•HR 2673 EH

1 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the cost, as defined in section 502 of the Con4 gressional Budget Act of 1974, of agreements under the

5 Agricultural Trade Development and Assistance Act of

6 1954, and the Food for Progress Act of 1985, including

7 the cost of modifying credit arrangements under said Acts,

8 $103,887,000, to remain available until expended.

9 In addition, for administrative expenses to carry out

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

11 Food for Progress Act of 1985, to the extent funds appro12 priated for Public Law 83–480 are utilized, $4,041,000,

13 of which $1,066,000 may be transferred to and merged

14 with the appropriation for ‘‘Foreign Agricultural Service,

15 Salaries and Expenses’’, and of which $2,975,000 may be

16 transferred to and merged with the appropriation for

17 ‘‘Farm Service Agency, Salaries and Expenses’’.

18 PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL

19 GRANTS

20 (INCLUDING TRANSFER OF FUNDS)

21 For ocean freight differential costs for the shipment

22 of agricultural commodities under title I of the Agricul23 tural Trade Development and Assistance Act of 1954 and

24 under the Food for Progress Act of 1985, $28,000,000,

25 to remain available until expended: Provided, That funds

26 made available for the cost of agreements under title I
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•HR 2673 EH

1 of the Agricultural Trade Development and Assistance Act

2 of 1954 and for title I ocean freight differential may be

3 used interchangeably between the two accounts with prior

4 notice to the Committees on Appropriations of both

5 Houses of Congress.

6 PUBLIC LAW 480 TITLE II GRANTS

7 For expenses during the current fiscal year, not oth8 erwise recoverable, and unrecovered prior years’ costs, in9 cluding interest thereon, under the Agricultural Trade De10 velopment and Assistance Act of 1954, for commodities

11 supplied in connection with dispositions abroad under title

12 II of said Act, $1,192,000,000, to remain available until

13 expended.

14 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

15 AND CHILD NUTRITION PROGRAM GRANTS

16 For necessary expenses to carry out the provisions

17 of section 3107 of the Farm Security and Rural Invest18 ment Act of 2002 (7 U.S.C. 1736o–1), $56,874,000, to

19 remain available until expended.

20 COMMODITY CREDIT CORPORATION EXPORT LOANS

21 PROGRAM ACCOUNT

22 (INCLUDING TRANSFERS OF FUNDS)

23 For administrative expenses to carry out the Com24 modity Credit Corporation’s export guarantee program,

25 GSM 102 and GSM 103, $4,312,000; to cover common

26 overhead expenses as permitted by section 11 of the Com-
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•HR 2673 EH

1 modity Credit Corporation Charter Act and in conformity

2 with the Federal Credit Reform Act of 1990, of which

3 $3,327,000 may be transferred to and merged with the

4 appropriation for ‘‘Foreign Agricultural Service, Salaries

5 and Expenses’’, and of which $985,000 may be trans6 ferred to and merged with the appropriation for ‘‘Farm

7 Service Agency, Salaries and Expenses’’.

8 TITLE VI

9 RELATED AGENCIES AND FOOD AND DRUG

10 ADMINISTRATION

11 DEPARTMENT OF HEALTH AND HUMAN

12 SERVICES

13 FOOD AND DRUG ADMINISTRATION

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Food and Drug Ad17 ministration, including hire and purchase of passenger

18 motor vehicles; for payment of space rental and related

19 costs pursuant to Public Law 92–313 for programs and

20 activities of the Food and Drug Administration which are

21 included in this Act; for rental of special purpose space

22 in the District of Columbia or elsewhere; for miscellaneous

23 and emergency expenses of enforcement activities, author24 ized and approved by the Secretary and to be accounted

25 for solely on the Secretary’s certificate, not to exceed

26 $25,000; and notwithstanding section 521 of Public Law
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•HR 2673 EH

1 107–188; $1,668,249,000: Provided, That of the amount

2 provided under this heading, $249,825,000 shall be de3 rived from prescription drug user fees authorized by 21

4 U.S.C. 379h, and shall be credited to this account and

5 remain available until expended, and $29,190,000 shall be

6 derived from medical device user fees authorized by 21

7 U.S.C. 379j, and shall be credited to this account and re8 main available until expended: Provided further, That fees

9 derived from prescription drug and medical device applica10 tions received during fiscal year 2004 shall be subject to

11 the fiscal year 2004 limitation: Provided further, That any

12 prescription drug or medical device user fee collected in

13 fiscal year 2004 that exceeds this limitation shall be cred14 ited to this account and remain available until expended,

15 in accordance with 21 U.S.C. 379h(g)(4) and 379j(h)(4):

16 Provided further, That none of these funds shall be used

17 to develop, establish, or operate any program of user fees

18 authorized by 31 U.S.C. 9701: Provided further, That of

19 the total amount appropriated: (1) $412,462,000 shall be

20 for the Center for Food Safety and Applied Nutrition and

21 related field activities in the Office of Regulatory Affairs;

22 (2) $478,650,000 shall be for the Center for Drug Evalua23 tion and Research and related field activities in the Office

24 of Regulatory Affairs, of which no less than $13,357,000

25 shall be available for grants and contracts awarded under
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•HR 2673 EH

1 section 5 of the Orphan Drug Act (21 U.S.C. 360ee); (3)

2 $168,836,000 shall be for the Center for Biologics Evalua3 tion and Research and for related field activities in the

4 Office of Regulatory Affairs; (4) $84,646,000 shall be for

5 the Center for Veterinary Medicine and for related field

6 activities in the Office of Regulatory Affairs; (5)

7 $209,285,000 shall be for the Center for Devices and Ra8 diological Health and for related field activities in the Of9 fice of Regulatory Affairs; (6) $39,887,000 shall be for

10 the National Center for Toxicological Research; (7)

11 $40,851,000 shall be for Rent and Related activities, other

12 than the amounts paid to the General Services Adminis13 tration for rent; (8) $119,795,000 shall be for payments

14 to the General Services Administration for rent; and (9)

15 $113,837,000 shall be for other activities, including the

16 Office of the Commissioner; the Office of Management and

17 Systems; the Office of External Relations; the Office of

18 Policy and Planning; and central services for these offices:

19 Provided further, That funds may be transferred from one

20 specified activity to another with the prior approval of the

21 Committees on Appropriations of both Houses of Con22 gress.

23 In addition, mammography user fees authorized by

24 42 U.S.C. 263b may be credited to this account, to remain

25 available until expended.
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1 In addition, export certification user fees authorized

2 by 21 U.S.C. 381 may be credited to this account, to re3 main available until expended.

4 BUILDINGS AND FACILITIES

5 For plans, construction, repair, improvement, exten6 sion, alteration, and purchase of fixed equipment or facili7 ties of or used by the Food and Drug Administration,

8 where not otherwise provided, $6,000,000 to remain avail9 able until expended.

10 INDEPENDENT AGENCIES

11 COMMODITY FUTURES TRADING COMMISSION

12 For necessary expenses to carry out the provisions

13 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in14 cluding the purchase and hire of passenger motor vehicles,

15 and the rental of space (to include multiple year leases)

16 in the District of Columbia and elsewhere, $88,435,000,

17 including not to exceed $3,000 for official reception and

18 representation expenses.

19 FARM CREDIT ADMINISTRATION

20 LIMITATION ON ADMINISTRATIVE EXPENSES

21 Not to exceed $40,900,000 (from assessments col22 lected from farm credit institutions and from the Federal

23 Agricultural Mortgage Corporation) shall be obligated

24 during the current fiscal year for administrative expenses

25 as authorized under 12 U.S.C. 2249: Provided, That this
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•HR 2673 EH

1 limitation shall not apply to expenses associated with re2 ceiverships.

3 TITLE VII—GENERAL PROVISIONS

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

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this

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

8 specifically provided for, of not to exceed 398 passenger

9 motor vehicles, of which 396 shall be for replacement only,

10 and for the hire of such vehicles.

11 SEC. 702. Funds in this Act available to the Depart12 ment of Agriculture shall be available for uniforms or al13 lowances therefor as authorized by law (5 U.S.C. 5901–

14 5902).

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

16 available for employment pursuant to the second sentence

17 of section 706(a) of the Department of Agriculture Or18 ganic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.

19 SEC. 704. The Secretary of Agriculture may transfer

20 unobligated balances of discretionary funds appropriated

21 by this Act or other available unobligated discretionary

22 balances of the Department of Agriculture to the Working

23 Capital Fund for the acquisition of plant and capital

24 equipment necessary for the delivery of financial, adminis25 trative, and information technology services of primary
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1 benefit to the agencies of the Department of Agriculture:

2 Provided, That none of the funds made available by this

3 Act or any other Act shall be transferred to the Working

4 Capital Fund without the prior approval of the agency ad5 ministrator: Provided further, That none of the funds

6 transferred to the Working Capital Fund pursuant to this

7 section shall be available for obligation without the prior

8 approval of the Committees on Appropriations of both

9 Houses of Congress.

10 SEC. 705. New obligational authority provided for the

11 following appropriation items in this Act shall remain

12 available until expended: Animal and Plant Health Inspec13 tion Service, the contingency fund to meet emergency con14 ditions, information technology infrastructure, fruit fly

15 program, emerging plant pests, boll weevil program, and

16 up to 25 percent of the screwworm program; Food Safety

17 and Inspection Service, field automation and information

18 management project; Cooperative State Research, Edu19 cation, and Extension Service, funds for competitive re20 search grants (7 U.S.C. 450i(b)), funds for the Research,

21 Education, and Economics Information System (REEIS),

22 and funds for the Native American Institutions Endow23 ment Fund; Farm Service Agency, salaries and expenses

24 funds made available to county committees; Foreign Agri25 cultural Service, middle-income country training program
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1 and up to $2,000,000 of the Foreign Agricultural Service

2 appropriation solely for the purpose of offsetting fluctua3 tions in international currency exchange rates, subject to

4 documentation by the Foreign Agricultural Service.

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

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 707. Not to exceed $50,000 of the appropria9 tions available to the Department of Agriculture in this

10 Act shall be available to provide appropriate orientation

11 and language training pursuant to section 606C of the Act

12 of August 28, 1954 (7 U.S.C. 1766b).

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

14 used to pay negotiated indirect cost rates on cooperative

15 agreements or similar arrangements between the United

16 States Department of Agriculture and nonprofit institu17 tions in excess of 10 percent of the total direct cost of

18 the agreement when the purpose of such cooperative ar19 rangements is to carry out programs of mutual interest

20 between the two parties. This does not preclude appro21 priate payment of indirect costs on grants and contracts

22 with such institutions when such indirect costs are com23 puted on a similar basis for all agencies for which appro24 priations are provided in this Act.
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1 SEC. 709. None of the funds in this Act shall be avail2 able to restrict the authority of the Commodity Credit

3 Corporation to lease space for its own use or to lease space

4 on behalf of other agencies of the Department of Agri5 culture when such space will be jointly occupied.

6 SEC. 710. None of the funds in this Act shall be avail7 able to pay indirect costs charged against competitive agri8 cultural research, education, or extension grant awards

9 issued by the Cooperative State Research, Education, and

10 Extension Service that exceed 20 percent of total Federal

11 funds provided under each award: Provided, That notwith12 standing section 1462 of the National Agricultural Re13 search, Extension, and Teaching Policy Act of 1977 (7

14 U.S.C. 3310), funds provided by this Act for grants

15 awarded competitively by the Cooperative State Research,

16 Education, and Extension Service shall be available to pay

17 full allowable indirect costs for each grant awarded under

18 section 9 of the Small Business Act (15 U.S.C. 638).

19 SEC. 711. Notwithstanding any other provision of

20 this Act, all loan levels provided in this Act shall be consid21 ered estimates, not limitations.

22 SEC. 712. Appropriations to the Department of Agri23 culture for the cost of direct and guaranteed loans made

24 available in the current fiscal year shall remain available

25 until expended to cover obligations made in the current
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1 fiscal year for the following accounts: the Rural Develop2 ment Loan Fund program account, the Rural Telephone

3 Bank program account, the Rural Electrification and

4 Telecommunication Loans program account, the Rural

5 Housing Insurance Fund program account, and the Rural

6 Economic Development Loans program account.

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

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

9 Rural Telephone Bank or to maintain any account or sub10 account within the accounting records of the Rural Tele11 phone Bank the creation of which has not specifically been

12 authorized by statute: Provided, That notwithstanding any

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

14 otherwise made available in this Act may be used to trans15 fer to the Treasury or to the Federal Financing Bank any

16 unobligated balance of the Rural Telephone Bank tele17 phone liquidating account which is in excess of current

18 requirements and such balance shall receive interest as set

19 forth for financial accounts in section 505(c) of the Fed20 eral Credit Reform Act of 1990.

21 SEC. 714. Of the funds made available by this Act,

22 not more than $1,800,000 shall be used to cover necessary

23 expenses of activities related to all advisory committees,

24 panels, commissions, and task forces of the Department

25 of Agriculture, except for panels used to comply with nego-
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1 tiated rule makings and panels used to evaluate competi2 tively awarded grants.

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

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

5 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul6 try Products Inspection Act (21 U.S.C. 471).

7 SEC. 716. No employee of the Department of Agri8 culture may be detailed or assigned from an agency or

9 office funded by this Act to any other agency or office

10 of the Department for more than 30 days unless the indi11 vidual’s employing agency or office is fully reimbursed by

12 the receiving agency or office for the salary and expenses

13 of the employee for the period of assignment.

14 SEC. 717. None of the funds appropriated or other15 wise made available to the Department of Agriculture

16 shall be used to transmit or otherwise make available to

17 any non-Department of Agriculture employee questions or

18 responses to questions that are a result of information re19 quested for the appropriations hearing process.

20 SEC. 718. None of the funds made available to the

21 Department of Agriculture by this Act may be used to ac22 quire new information technology systems or significant

23 upgrades, as determined by the Office of the Chief Infor24 mation Officer, without the approval of the Chief Informa25 tion Officer and the concurrence of the Executive Informa-
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1 tion Technology Investment Review Board: Provided, That

2 notwithstanding any other provision of law, none of the

3 funds appropriated or otherwise made available by this

4 Act may be transferred to the Office of the Chief Informa5 tion Officer without the prior approval of the Committees

6 on Appropriations of both Houses of Congress.

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

8 or provided by previous Appropriations Acts to the agen9 cies funded by this Act that remain available for obligation

10 or expenditure in the current fiscal year, or provided from

11 any accounts in the Treasury of the United States derived

12 by the collection of fees available to the agencies funded

13 by this Act, shall be available for obligation or expenditure

14 through a reprogramming of funds which: (1) creates new

15 programs; (2) eliminates a program, project, or activity;

16 (3) increases funds or personnel by any means for any

17 project or activity for which funds have been denied or

18 restricted; (4) relocates an office or employees; (5) reorga19 nizes offices, programs, or activities; or (6) contracts out

20 or privatizes any functions or activities presently per21 formed by Federal employees; unless the Committees on

22 Appropriations of both Houses of Congress are notified

23 15 days in advance of such reprogramming of funds.

24 (b) None of the funds provided by this Act, or pro25 vided by previous Appropriations Acts to the agencies
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1 funded by this Act that remain available for obligation or

2 expenditure in the current fiscal year, or provided from

3 any accounts in the Treasury of the United States derived

4 by the collection of fees available to the agencies funded

5 by this Act, shall be available for obligation or expenditure

6 for activities, programs, or projects through a reprogram7 ming of funds in excess of $500,000 or 10 percent, which8 ever is less, that: (1) augments existing programs,

9 projects, or activities; (2) reduces by 10 percent funding

10 for any existing program, project, or activity, or numbers

11 of personnel by 10 percent as approved by Congress; or

12 (3) results from any general savings from a reduction in

13 personnel which would result in a change in existing pro14 grams, activities, or projects as approved by Congress; un15 less the Committees on Appropriations of both Houses of

16 Congress are notified 15 days in advance of such re17 programming of funds.

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

19 Health and Human Services, or the Chairman of the Com20 modity Futures Trading Commission shall notify the Com21 mittees on Appropriations of both Houses of Congress be22 fore implementing a program or activity not carried out

23 during the previous fiscal year unless the program or ac24 tivity is funded by this Act or specifically funded by any

25 other Act.
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1 SEC. 720. With the exception of funds needed to ad2 minister and conduct oversight of grants awarded and ob3 ligations incurred in prior fiscal years, none of the funds

4 appropriated or otherwise made available by this or any

5 other Act may be used to pay the salaries and expenses

6 of personnel to carry out the provisions of section 401 of

7 Public Law 105–185, the Initiative for Future Agriculture

8 and Food Systems (7 U.S.C. 7621).

9 SEC. 721. None of the funds appropriated by this Act

10 or any other Act shall be used to pay the salaries and

11 expenses of personnel who prepare or submit appropria12 tions language as part of the President’s Budget submis13 sion to the Congress of the United States for programs

14 under the jurisdiction of the Appropriations Subcommit15 tees on Agriculture, Rural Development, Food and Drug

16 Administration, and Related Agencies that assumes reve17 nues or reflects a reduction from the previous year due

18 to user fees proposals that have not been enacted into law

19 prior to the submission of the Budget unless such Budget

20 submission identifies which additional spending reductions

21 should occur in the event the user fees proposals are not

22 enacted prior to the date of the convening of a committee

23 of conference for the fiscal year 2005 appropriations Act.

24 SEC. 722. None of the funds made available by this

25 Act or any other Act may be used to close or relocate a
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•HR 2673 EH

1 state Rural Development office unless or until cost effec2 tiveness and enhancement of program delivery have been

3 determined.

4 SEC. 723. In addition to amounts otherwise appro5 priated or made available by this Act, $3,000,000 is ap6 propriated for the purpose of providing Bill Emerson and

7 Mickey Leland Hunger Fellowships, as authorized by sec8 tion 4404 of Public Law 107–171 (2 U.S.C. 1161).

9 SEC. 724. Notwithstanding section 412 of the Agri10 cultural Trade Development and Assistance Act of 1954

11 (7 U.S.C. 1736f), any balances available to carry out title

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

13 and any recoveries and reimbursements that become avail14 able to carry out title III of such Act, may be used to

15 carry out title II of such Act.

16 SEC. 725. 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’’

19 and inserting ‘‘$26,998,000’’.

20 SEC. 726. Notwithstanding any other provision of

21 law, the Natural Resources Conservation Service may pro22 vide financial and technical assistance through the Water23 shed and Flood Prevention Operations program for the

24 Ditch 26 project in Arkansas.
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1 SEC. 727. Notwithstanding any other provision of

2 law, the Secretary shall consider the County of Lawrence,

3 Ohio; the City of Havelock, North Carolina; the City of

4 Portsmouth, Ohio; the City of Atascadero, California; the

5 City of Binghamton, New York; the Town of Vestal, New

6 York; the City of Ithaca, New York; the City of Casa

7 Grande, Arizona; and the City of Clarksdale, Mississippi,

8 as meeting the eligibility requirements for loans and

9 grants programs in the Rural Development mission area.

10 SEC. 728. Notwithstanding any other provision of

11 law, the Natural Resources Conservation Service shall pro12 vide financial and technical assistance to the DuPage

13 County, Illinois, Kress Creek Watershed Plan, from funds

14 available for the Watershed and Flood Prevention Oper15 ations program, not to exceed $1,600,000 and Rockhouse

16 Creek Watershed, Leslie County, Kentucky, not to exceed

17 $1,000,000.

18 SEC. 729. None of the funds made available in this

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriation Act.

23 SEC. 730. Agencies and offices of the Department of

24 Agriculture may utilize any unobligated salaries and ex25 penses funds to reimburse the Office of the General Coun-
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•HR 2673 EH

1 sel for salaries and expenses of personnel, and for other

2 related expenses, incurred in representing such agencies

3 and offices in the resolution of complaints by employees

4 or applicants for employment, and in cases and other mat5 ters pending before the Equal Employment Opportunity

6 Commission, the Federal Labor Relations Authority, or

7 the Merit Systems Protection Board with the prior ap8 proval of the Committees on Appropriations of both

9 Houses of Congress.

10 SEC. 731. None of the funds appropriated or made

11 available by this Act may be used to pay the salaries and

12 expenses of personnel to carry out section 14(h)(1) of the

13 Watershed Protection and Flood Prevention Act (16

14 U.S.C. 1012(h)(1)).

15 SEC. 732. None of the funds appropriated or made

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

17 pay the salaries and expenses of personnel to carry out

18 the Rural Strategic Investment Program authorized by

19 subtitle I of the Consolidated Farm and Rural Develop20 ment Act (7 U.S.C. 2009dd through dd–7) in excess of

21 $2,000,000.

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

23 available by this Act may be used to pay the salaries and

24 expenses of personnel to carry out the Rural Firefighters
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1 and Emergency Personnel Grant Program authorized by

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

3 SEC. 734. None of the funds appropriated or other4 wise made available by this Act shall be used to pay the

5 salaries and expenses of personnel to carry out the provi6 sions of sections 7404(a)(1) and 7404(c)(1) of Public Law

7 107–171.

8 SEC. 735. The Agricultural Marketing Service and

9 the Grain Inspection, Packers and Stockyards Administra10 tion, that have statutory authority to purchase interest

11 bearing investments outside of the Treasury, are not re12 quired to establish obligations and outlays for those invest13 ments, provided those investments are insured by the Fed14 eral Deposit Insurance Corporation or are collateralized

15 at the Federal Reserve with securities approved by the

16 Federal Reserve, operating under the guidelines of the

17 United States Department of the Treasury.

18 SEC. 736. Of the funds made available under section

19 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et

20 seq.), the Secretary may use up to $10,000,000 for costs

21 associated with the distribution of commodities.

22 SEC. 737. None of the funds appropriated or other23 wise made available by this Act shall be used to pay the

24 salaries and expenses of personnel to enroll in excess of
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1 200,000 acres in the calendar year 2004 wetlands reserve

2 program as authorized by 16 U.S.C. 3837.

3 SEC. 738. None of the funds appropriated or other4 wise made available by this Act shall be used to pay the

5 salaries and expenses of personnel who carry out an envi6 ronmental quality incentives program authorized by chap7 ter 4 of subtitle D of title XII of the Food Security Act

8 of 1985 (16 U.S.C. 3839aa et seq.) in excess of

9 $975,000,000.

10 SEC. 739. The Administrator of the Agricultural Re11 search Service may make available by outlease agreements

12 with other Federal agencies or non-Federal public or pri13 vate entities any unused or underused portion or interest

14 of or interest in any agency real and related personal prop15 erty, and may retain and use the proceeds of such agree16 ments in carrying out the programs of the agency. Prop17 erty proposed for outlease must not be property otherwise

18 required to be reported excess under the Federal Property

19 and Administrative Services Act of 1949, as amended.

20 Outleases shall be made competitively, and be based on

21 the fair market value of the property.

22 SEC. 740. None of the funds appropriated or other23 wise made available by this Act shall be used to pay the

24 salaries and expenses of personnel to carry out section
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1 9006 of Public Law 107–171, the Farm Security and

2 Rural Investment Act of 2002.

3 SEC. 741. None of the funds appropriated or other4 wise made available by this or any other Act shall be used

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

6 section 6103 of Public Law 107–171.

7 SEC. 742. None of the funds appropriated or other8 wise made available by this or any other Act shall be used

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

10 section 6401 of Public Law 107–171, the Farm Security

11 and Rural Investment Act of 2002.

12 SEC. 743. None of the funds appropriated or other13 wise made available by this Act shall be used for the imple14 mentation of Country of Origin Labeling for meat or meat

15 products.

16 SEC. 744. Any unobligated balances in the Alter17 native Agricultural Research and Commercialization Re18 volving Fund are hereby rescinded.

19 SEC. 745. None of the funds appropriated or other20 wise made available by this Act shall be used to carry out

21 a Conservation Security Program authorized in section

22 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C.

23 3841(a)(3)).

24 SEC. 746. Section 726 of division A of Public Law

25 108–7 is amended by striking ‘‘, as authorized by section
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1 4404 of Public Law 107–171 (2 U.S.C. 1161)’’ and in2 serting ‘‘through the Congressional Hunger Center’’.

3 SEC. 747. (a) ASSISTANCE FOR COMMERCIAL TREE

4 LOSSES.—The Secretary of Agriculture shall use

5 $5,000,000 of the funds of the Commodity Credit Cor6 poration to provide assistance under the Tree Assistance

7 Program, subtitle C of title X of the Farm Security and

8 Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.),

9 to tree-fruit growers located in a federally declared dis10 aster area in the State of New York who suffered tree

11 losses in 2003 as a result of an April 4–6, 2003, icestorm.

12 (b) OFFSET.—The amount appropriated by this Act

13 under the heading ‘‘RURAL COMMUNITY ADVANCEMENT

14 PROGRAM’’ is hereby reduced by $5,000,000.

15 SEC. 748. Section 204(a)(3) of the Agricultural

16 Trade Development and Assistance Act of 1954 (7 U.S.C.

17 1724(a)(3)) is amended by striking ‘‘and Committee’’ and

18 inserting ‘‘, the Committee on Appropriations, and the

19 Committee’’.

20 SEC. 749. None of the funds appropriated or other21 wise made available by this Act for the Food and Drug

22 Administration may be used under section 801 of the Fed23 eral Food, Drug, and Cosmetic Act to prevent an indi24 vidual not in the business of importing a prescription drug

25 within the meaning of section 801(g) of such Act, whole-
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1 salers, or pharmacists from importing a prescription drug

2 which complies with sections 501, 502, and 505.

3 SEC. 750. None of the funds appropriated or other4 wise made available in this Act shall be expended to violate

5 Public Law 105–264.

6 SEC. 751. None of the funds appropriated or other7 wise made available by this Act may be used to issue a

8 final rule in Docket No. 02–06201 ‘‘Cost-Sharing for Ani9 mal and Plant Health Emergency Programs’’, 68 Fed.

10 Reg. 40541–40553 (July 8, 2003).

11 SEC. 752. No funds appropriated or made available

12 by this Act may be used to identify by photograph on a

13 department’s or agency’s website any Member of the

14 House of Representatives or the Senate within 60 days

15 before a Federal general election.

16 This Act may be cited as the ‘‘Agriculture, Rural De17 velopment, Food and Drug Administration, and Related

18 Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 14, 2003.

Attest:

Clerk.