108TH CONGRESS

2D SESSION H. R. 4766

AN ACT

Making appropriations for Agriculture, Rural Detember 30, 2005, and for other purposes. Related Agencies for the fiscal year ending Sep- velopment, Food and Drug Administration, and

108TH CONGRESS

2D SESSION H. R. 4766

AN ACT

Making appropriations for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies

for the fiscal year ending September 30, 2005, 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, 2005, 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, $5,185,000 (reduced by 1,000,000): Pro13 vided, That not to exceed $11,000 of this amount shall

14 be available for official reception and representation ex15 penses, not otherwise provided for, as determined by the

16 Secretary.

17 EXECUTIVE OPERATIONS

18 CHIEF ECONOMIST

19 For necessary expenses of the Chief Economist, in20 cluding economic analysis, risk assessment, cost-benefit

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

22 World Agricultural Outlook Board, as authorized by the

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

24 $10,810,000.
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1 NATIONAL APPEALS DIVISION

2 For necessary expenses of the National Appeals Divi3 sion, $14,526,000.

4 OFFICE OF BUDGET AND PROGRAM ANALYSIS

5 For necessary expenses of the Office of Budget and

6 Program Analysis, $8,246,000.

7 HOMELAND SECURITY STAFF

8 For necessary expenses of the Homeland Security

9 Staff, $508,000.

10 OFFICE OF THE CHIEF INFORMATION OFFICER

11 For necessary expenses of the Office of the Chief In12 formation Officer, $15,608,000.

13 COMMON COMPUTING ENVIRONMENT

14 For necessary expenses to acquire a Common Com15 puting Environment for the Natural Resources Conserva16 tion Service, the Farm and Foreign Agricultural Service,

17 and Rural Development mission areas for information

18 technology, systems, and services, $120,957,000 (de19 creased by $120,957,000) (reduced by $8,000,000), to re20 main available until expended, for the capital asset acqui21 sition of shared information technology systems, including

22 services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

23 1421–28: Provided, That obligation of these funds shall

24 be consistent with the Department of Agriculture Service

25 Center Modernization Plan of the county-based agencies,
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1 and shall be with the concurrence of the Department’s

2 Chief Information Officer.

3 OFFICE OF THE CHIEF FINANCIAL OFFICER

4 For necessary expenses of the Office of the Chief Fi5 nancial Officer, $5,811,000: Provided, That the Chief Fi6 nancial Officer shall actively market and expand cross7 servicing activities of the National Finance Center: Pro8 vided further, That no funds made available by this appro9 priation may be obligated for FAIR Act or Circular A–

10 76 activities until the Secretary has submitted to the Com11 mittees on Appropriations of both Houses of Congress a

12 report on the Department’s contracting out policies, in13 cluding agency budgets for contracting out.

14 WORKING CAPITAL FUND

15 For the acquisition of disaster recovery and con16 tinuity of operations technology of the National Finance

17 Center’s data, $12,850,000, to remain available until ex18 pended.

19 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

20 RIGHTS

21 For necessary salaries and expenses of the Office of

22 the Assistant Secretary for Civil Rights, $803,000.

23 OFFICE OF CIVIL RIGHTS

24 For necessary expenses of the Office of Civil Rights,

25 $19,452,000.
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1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 ADMINISTRATION

3 For necessary salaries and expenses of the Office of

4 the Assistant Secretary for Administration, $669,000.

5 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

6 PAYMENTS

7 (INCLUDING TRANSFERS OF FUNDS)

8 For payment of space rental and related costs pursu9 ant to Public Law 92–313, including authorities pursuant

10 to the 1984 delegation of authority from the Adminis11 trator of General Services to the Department of Agri12 culture under 40 U.S.C. 486, for programs and activities

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

14 alterations and other actions needed for the Department

15 and its agencies to consolidate unneeded space into con16 figurations suitable for release to the Administrator of

17 General Services, and for the operation, maintenance, im18 provement, and repair of Agriculture buildings and facili19 ties, and for related costs, $165,883,000 (decreased by

20 $5,000,000), to remain available until expended: Provided,

21 That not to exceed 5 percent of amounts which are made

22 available for space rental and related costs for the Depart23 ment of Agriculture in this Act may be transferred be24 tween such appropriations to cover the costs of new or

25 replacement space 15 days after notice thereof is trans-
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1 mitted to the Appropriations Committees of both Houses

2 of Congress.

3 HAZARDOUS MATERIALS MANAGEMENT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses of the Department of Agri6 culture, to comply with the Comprehensive Environmental

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

8 9601 et seq.) and the Resource Conservation and Recovery

9 Act (42 U.S.C. 6901 et seq.), $15,730,000, to remain

10 available until expended: Provided, That appropriations

11 and funds available herein to the Department for Haz12 ardous Materials Management may be transferred to any

13 agency of the Department for its use in meeting all re14 quirements pursuant to the above Acts on Federal and

15 non-Federal lands.

16 DEPARTMENTAL ADMINISTRATION

17 (INCLUDING TRANSFERS OF FUNDS)

18 For Departmental Administration, $22,939,000, to

19 provide for necessary expenses for management support

20 services to offices of the Department and for general ad21 ministration, security, repairs, and alterations, and other

22 miscellaneous supplies and expenses not otherwise pro23 vided for and necessary for the practical and efficient work

24 of the Department: Provided, That this appropriation shall

25 be reimbursed from applicable appropriations in this Act
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1 for travel expenses incident to the holding of hearings as

2 required by 5 U.S.C. 551–558.

3 OFFICE OF THE ASSISTANT SECRETARY FOR

4 CONGRESSIONAL RELATIONS

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary salaries and expenses of the Office of

7 the Assistant Secretary for Congressional Relations to

8 carry out the programs funded by this Act, including pro9 grams involving intergovernmental affairs and liaison

10 within the executive branch, $3,852,000: Provided, That

11 these funds may be transferred to agencies of the Depart12 ment of Agriculture funded by this Act to maintain per13 sonnel at the agency level: Provided further, That no funds

14 made available by this appropriation may be obligated

15 after 30 days from the date of enactment of this Act, un16 less the Secretary has notified the Committees on Appro17 priations of both Houses of Congress on the allocation of

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

19 other funds appropriated to the Department by this Act

20 shall be available to the Department for support of activi21 ties of congressional relations.

22 OFFICE OF COMMUNICATIONS

23 For necessary expenses to carry out services relating

24 to the coordination of programs involving public affairs,

25 for the dissemination of agricultural information, and the
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1 coordination of information, work, and programs author2 ized by Congress in the Department, $9,378,000: Pro3 vided, That not to exceed $2,000,000 may be used for

4 farmers’ bulletins.

5 OFFICE OF THE INSPECTOR GENERAL

6 For necessary expenses of the Office of the Inspector

7 General, including employment pursuant to the Inspector

8 General Act of 1978, $78,392,000 (reduced by

9 $1,200,000) (increased by $1,200,000), including such

10 sums as may be necessary for contracting and other ar11 rangements with public agencies and private persons pur12 suant to section 6(a)(9) of the Inspector General Act of

13 1978, and including not to exceed $125,000 for certain

14 confidential operational expenses, including the payment

15 of informants, to be expended under the direction of the

16 Inspector General pursuant to Public Law 95–452 and

17 section 1337 of Public Law 97–98.

18 OFFICE OF THE GENERAL COUNSEL

19 For necessary expenses of the Office of the General

20 Counsel, $35,486,000.

21 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

22 EDUCATION, AND ECONOMICS

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Research, Education, and Eco25 nomics to administer the laws enacted by the Congress
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1 for the Economic Research Service, the National Agricul2 tural Statistics Service, the Agricultural Research Service,

3 and the Cooperative State Research, Education, and Ex4 tension Service, $592,000.

5 ECONOMIC RESEARCH SERVICE

6 For necessary expenses of the Economic Research

7 Service in conducting economic research and analysis, as

8 authorized by the Agricultural Marketing Act of 1946 (7

9 U.S.C. 1621–1627) and other laws, $76,575,000.

10 NATIONAL AGRICULTURAL STATISTICS SERVICE

11 For necessary expenses of the National Agricultural

12 Statistics Service in conducting statistical reporting and

13 service work, including crop and livestock estimates, sta14 tistical coordination and improvements, marketing sur15 veys, and the Census of Agriculture, as authorized by 7

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

17 $128,661,000, of which up to $22,520,000 shall be avail18 able until expended for the Census of Agriculture.

19 AGRICULTURAL RESEARCH SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses to enable the Agricultural Re22 search Service to perform agricultural research and dem23 onstration relating to production, utilization, marketing,

24 and distribution (not otherwise provided for); home eco25 nomics or nutrition and consumer use including the acqui-
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1 sition, preservation, and dissemination of agricultural in2 formation; and for acquisition of lands by donation, ex3 change, or purchase at a nominal cost not to exceed $100,

4 and for land exchanges where the lands exchanged shall

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

6 money to the grantor which shall not exceed 25 percent

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

8 of Federal ownership, $1,057,029,000: Provided, That ap9 propriations hereunder shall be available for the operation

10 and maintenance of aircraft and the purchase of not to

11 exceed one for replacement only: Provided further, That

12 appropriations hereunder shall be available pursuant to 7

13 U.S.C. 2250 for the construction, alteration, and repair

14 of buildings and improvements, but unless otherwise pro15 vided, the cost of constructing any one building shall not

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

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

18 10 buildings to be constructed or improved at a cost not

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

20 building during the fiscal year shall not exceed 10 percent

21 of the current replacement value of the building or

22 $375,000, whichever is greater: Provided further, That the

23 limitations on alterations contained in this Act shall not

24 apply to modernization or replacement of existing facilities

25 at Beltsville, Maryland: Provided further, That appropria-
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1 tions hereunder shall be available for granting easements

2 at the Beltsville Agricultural Research Center: Provided

3 further, That the foregoing limitations shall not apply to

4 replacement of buildings needed to carry out the Act of

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

6 funds may be received from any State, other political sub7 division, organization, or individual for the purpose of es8 tablishing or operating any research facility or research

9 project of the Agricultural Research Service, as authorized

10 by law: Provided further, That all rights and title of the

11 United States in the 1.0664-acre parcel of land including

12 improvements, as recorded at Book 1320, Page 253,

13 records of Larimer County, State of Colorado, shall be

14 conveyed to the Board of Governors of the Colorado State

15 University for the benefit of Colorado State University.

16 None of the funds appropriated under this heading

17 shall be available to carry out research related to the pro18 duction, processing, or marketing of tobacco or tobacco

19 products.

20 BUILDINGS AND FACILITIES

21 For acquisition of land, construction, repair, improve22 ment, extension, alteration, and purchase of fixed equip23 ment or facilities as necessary to carry out the agricultural

24 research programs of the Department of Agriculture,
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1 where not otherwise provided, $202,000,000, to remain

2 available until expended.

3 COOPERATIVE STATE RESEARCH, EDUCATION, AND

4 EXTENSION SERVICE

5 RESEARCH AND EDUCATION ACTIVITIES

6 For payments to agricultural experiment stations, for

7 cooperative forestry and other research, for facilities, and

8 for other expenses, $628,607,000, as follows: to carry out

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

10 i), $180,648,000; for grants for cooperative forestry re11 search (16 U.S.C. 582a through a–7), $22,384,000; for

12 payments to the 1890 land-grant colleges, including

13 Tuskegee University and West Virginia State College (7

14 U.S.C. 3222), $37,000,000, of which $1,507,496 shall be

15 made available only for the purpose of ensuring that each

16 institution shall receive no less than $1,000,000; for spe17 cial grants for agricultural research (7 U.S.C. 450i(c)),

18 $88,194,000; for special grants for agricultural research

19 on improved pest control (7 U.S.C. 450i(c)), $15,756,000;

20 for competitive research grants (7 U.S.C. 450i(b)),

21 $180,000,000; for the support of animal health and dis22 ease programs (7 U.S.C. 3195), $5,098,000; for supple23 mental and alternative crops and products (7 U.S.C.

24 3319d), $1,196,000; for grants for research pursuant to

25 the Critical Agricultural Materials Act (7 U.S.C. 178 et
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1 seq.), $1,111,000, to remain available until expended; for

2 the 1994 research grants program for 1994 institutions

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

4 301 note), $1,087,000, to remain available until expended;

5 for rangeland research grants (7 U.S.C. 3333),

6 $1,000,000; for higher education graduate fellowship

7 grants (7 U.S.C. 3152(b)(6)), $4,500,000, to remain

8 available until expended (7 U.S.C. 2209b); for higher edu9 cation challenge grants (7 U.S.C. 3152(b)(1)),

10 $5,500,000; for a higher education multicultural scholars

11 program (7 U.S.C. 3152(b)(5)), $998,000, to remain

12 available until expended (7 U.S.C. 2209b); for an edu13 cation grants program for Hispanic-serving Institutions (7

14 U.S.C. 3241), $5,645,000; for noncompetitive grants for

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

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

17 institutions or consortia of eligible institutions in Alaska

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

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

20 agriculture education program and 2-year post-secondary

21 education (7 U.S.C. 3152(j)), $1,000,000; for aquaculture

22 grants (7 U.S.C. 3322), $4,000,000; for sustainable agri23 culture research and education (7 U.S.C. 5811),

24 $12,722,000; for a program of capacity building grants

25 (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds
14

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

2 328), including Tuskegee University and West Virginia

3 State College, $12,411,000, to remain available until ex4 pended (7 U.S.C. 2209b); for payments to the 1994 Insti5 tutions pursuant to section 534(a)(1) of Public Law 103–

6 382, $2,250,000; for resident instruction grants for insu7 lar areas under section 1491 of the National Agricultural

8 Research, Extension, and Teaching Policy Act of 1977 (7

9 U.S.C. 3363), $500,000; and for necessary expenses of

10 Research and Education Activities, $42,610,000.

11 None of the funds appropriated under this heading

12 shall be available to carry out research related to the pro13 duction, processing, or marketing of tobacco or tobacco

14 products: Provided, That this paragraph shall not apply

15 to research on the medical, biotechnological, food, and in16 dustrial uses of tobacco.

17 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

18 For the Native American Institutions Endowment

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

20 note), $12,000,000.

21 EXTENSION ACTIVITIES

22 For payments to States, the District of Columbia,

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

24 Northern Marianas, and American Samoa, $440,349,000,

25 as follows: payments for cooperative extension work under
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1 the Smith-Lever Act, to be distributed under sections 3(b)

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

3 Law 93–471, for retirement and employees’ compensation

4 costs for extension agents, $277,242,000; payments for

5 extension work at the 1994 Institutions under the Smith6 Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments for

7 the nutrition and family education program for low-income

8 areas under section 3(d) of the Act, $58,909,000; pay9 ments for the pest management program under section

10 3(d) of the Act, $10,759,000; payments for the farm safe11 ty program under section 3(d) of the Act, $4,600,000;

12 payments to upgrade research, extension, and teaching fa13 cilities at the 1890 land-grant colleges, including Tuskegee

14 University and West Virginia State College, as authorized

15 by section 1447 of Public Law 95–113 (7 U.S.C. 3222b),

16 $16,912,000, to remain available until expended; pay17 ments for youth-at-risk programs under section 3(d) of the

18 Smith-Lever Act, $8,481,000; for youth farm safety edu19 cation and certification extension grants, to be awarded

20 competitively under section 3(d) of the Act, $499,000;

21 payments for carrying out the provisions of the Renewable

22 Resources Extension Act of 1978 (16 U.S.C. 1671 et

23 seq.), $4,093,000; payments for Indian reservation agents

24 under section 3(d) of the Smith-Lever Act, $1,996,000;

25 payments for sustainable agriculture programs under sec-
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1 tion 3(d) of the Act, $4,000,000; payments for cooperative

2 extension work by the colleges receiving the benefits of the

3 second Morrill Act (7 U.S.C. 321–326 and 328) and

4 Tuskegee University and West Virginia State College,

5 $33,133,000, of which $1,724,884 shall be made available

6 only for the purpose of ensuring that each institution shall

7 receive no less than $1,000,000; and for necessary ex8 penses of Extension Activities, $16,452,000.

9 INTEGRATED ACTIVITIES

10 For the integrated research, education, and extension

11 grants programs, including necessary administrative ex12 penses, $66,255,000, as follows: for competitive grants

13 programs authorized under section 406 of the Agricultural

14 Research, Extension, and Education Reform Act of 1998

15 (7 U.S.C. 7626), $43,242,000, including $12,971,000 for

16 the water quality program, $14,967,000 for the food safe17 ty program, $4,531,000 for the regional pest management

18 centers program, $4,889,000 for the Food Quality Protec19 tion Act risk mitigation program for major food crop sys20 tems, $1,497,000 for the crops affected by Food Quality

21 Protection Act implementation, $2,498,000 for the methyl

22 bromide transition program, and $1,889,000 for the or23 ganic transition program; for a competitive international

24 science and education grants program authorized under

25 section 1459A of the National Agricultural Research, Ex-
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1 tension, and Teaching Policy Act of 1977 (7 U.S.C.

2 3292b), to remain available until expended, $1,000,000;

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

4 of Public Law 89–106, as amended, $2,500,000, to re5 main available until September 30, 2006 for the critical

6 issues program, and $1,513,000 for the regional rural de7 velopment centers program; and $18,000,000 for the

8 homeland security program authorized under section 1484

9 of the National Agricultural Research, Extension, and

10 Teaching Act of 1977, to remain available until September

11 30, 2006.

12 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

13 For grants and contracts pursuant to section 2501

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

15 1990 (7 U.S.C. 2279), $5,935,000, to remain available

16 until expended.

17 OFFICE OF THE UNDER SECRETARY FOR MARKETING

18 AND REGULATORY PROGRAMS

19 For necessary salaries and expenses of the Office of

20 the Under Secretary for Marketing and Regulatory Pro21 grams to administer programs under the laws enacted by

22 the Congress for the Animal and Plant Health Inspection

23 Service; the Agricultural Marketing Service; and the Grain

24 Inspection, Packers and Stockyards Administration;

25 $721,000.
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1 ANIMAL AND PLANT HEALTH INSPECTION

2 SERVICE

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFERS OF FUNDS)

5 For expenses, not otherwise provided for, necessary

6 to prevent, control, and eradicate pests and plant and ani7 mal diseases; to carry out inspection, quarantine, and reg8 ulatory activities; and to protect the environment, as au9 thorized by law, $808,823,000 (increased by $5,000,000)

10 (increased by $18,000,000), of which $4,119,000 shall be

11 available for the control of outbreaks of insects, plant dis12 eases, animal diseases and for control of pest animals and

13 birds to the extent necessary to meet emergency condi14 tions; of which $47,000,000 shall be used for the boll wee15 vil eradication program for cost share purposes or for debt

16 retirement for active eradication zones: Provided, That no

17 funds shall be used to formulate or administer a brucel18 losis eradication program for the current fiscal year that

19 does not require minimum matching by the States of at

20 least 40 percent: Provided further, That this appropriation

21 shall be available for the operation and maintenance of

22 aircraft and the purchase of not to exceed four, of which

23 two shall be for replacement only: Provided further, That,

24 in addition, in emergencies which threaten any segment

25 of the agricultural production industry of this country, the
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1 Secretary may transfer from other appropriations or funds

2 available to the agencies or corporations of the Depart3 ment such sums as may be deemed necessary, to be avail4 able only in such emergencies for the arrest and eradi5 cation of contagious or infectious disease or pests of ani6 mals, poultry, or plants, and for expenses in accordance

7 with sections 10411 and 10417 of the Animal Health Pro8 tection Act (7 U.S.C. 8310 and 8316) and sections 431

9 and 442 of the Plant Protection Act (7 U.S.C. 7751 and

10 7772), and any unexpended balances of funds transferred

11 for such emergency purposes in the preceding fiscal year

12 shall be merged with such transferred amounts: Provided

13 further, That appropriations hereunder shall be available

14 pursuant to law (7 U.S.C. 2250) for the repair and alter15 ation of leased buildings and improvements, but unless

16 otherwise provided the cost of altering any one building

17 during the fiscal year shall not exceed 10 percent of the

18 current replacement value of the building.

19 In fiscal year 2005, 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, $75,892,000, 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 build-
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1 ing during the fiscal year shall not exceed 10 percent of

2 the current replacement value of the building.

3 Fees may be collected for the cost of standardization

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

5 U.S.C. 9701).

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 Not to exceed $64,459,000 (from fees collected) shall

8 be obligated during the current fiscal year for administra9 tive expenses: Provided, That if crop size is understated

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

11 exceed this limitation by up to 10 percent with notification

12 to the Committees on Appropriations of both Houses of

13 Congress.

14 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

15 SUPPLY (SECTION 32)

16 (INCLUDING TRANSFERS OF FUNDS)

17 Funds available under section 32 of the Act of Au18 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com19 modity program expenses as authorized therein, and other

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

21 Department of Commerce as authorized by the Fish and

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

23 provided in this Act; and (3) not more than $15,800,000

24 for formulation and administration of marketing agree25 ments and orders pursuant to the Agricultural Marketing

26 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

8 STOCKYARDS 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, $37,540,000:

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
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1 and weighing services: Provided, That if grain export ac2 tivities require additional supervision and oversight, or

3 other uncontrollable factors occur, this limitation may be

4 exceeded by up to 10 percent with notification to the Com5 mittees on Appropriations of both Houses of Congress.

6 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Food Safety to administer the

9 laws enacted by the Congress for the Food Safety and In10 spection Service, $595,000.

11 FOOD SAFETY AND INSPECTION SERVICE

12 SALARIES AND EXPENSES

13 For necessary expenses to carry out services author14 ized by the Federal Meat Inspection Act, the Poultry

15 Products Inspection Act, and the Egg Products Inspection

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

17 allowances and for expenses pursuant to section 8 of the

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

19 $824,746,000, of which no less than $746,010,000 shall

20 be available for Federal food safety inspection; and in ad21 dition, $1,000,000 may be credited to this account from

22 fees collected for the cost of laboratory accreditation as

23 authorized by section 1327 of the Food, Agriculture, Con24 servation and Trade Act of 1990 (7 U.S.C. 138f): Pro25 vided, That this appropriation shall be available pursuant
24

•HR 4766 EH

1 to law (7 U.S.C. 2250) for the alteration and repair of

2 buildings and improvements, but the cost of altering any

3 one building during the fiscal year shall not exceed 10 per4 cent of the current replacement value of the building.

5 OFFICE OF THE UNDER SECRETARY FOR FARM AND

6 FOREIGN AGRICULTURAL SERVICES

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Farm and Foreign Agricultural

9 Services to administer the laws enacted by Congress for

10 the Farm Service Agency, the Foreign Agricultural Serv11 ice, the Risk Management Agency, and the Commodity

12 Credit Corporation, $631,000.

13 FARM SERVICE AGENCY

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for carrying out the adminis17 tration and implementation of programs administered by

18 the Farm Service Agency, $1,007,597,000 (increased by

19 $52,873,606): Provided, That the Secretary is authorized

20 to use the services, facilities, and authorities (but not the

21 funds) of the Commodity Credit Corporation to make pro22 gram payments for all programs administered by the

23 Agency: Provided further, That other funds made available

24 to the Agency for authorized activities may be advanced

25 to and merged with this account.
25

•HR 4766 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), $4,000,000.

5 DAIRY INDEMNITY PROGRAM

6 (INCLUDING TRANSFERS 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 farm ownership (7 U.S.C. 1922 et

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

22 tribe land acquisition loans (25 U.S.C. 488), and boll wee23 vil loans (7 U.S.C. 1989), to be available from funds in

24 the Agricultural Credit Insurance Fund, as follows: farm

25 ownership loans, $1,600,000,000, of which
26

•HR 4766 EH

1 $1,400,000,000 shall be for guaranteed loans and

2 $200,000,000 shall be for direct loans; operating loans,

3 $2,116,253,000, of which $1,200,000,000 shall be for un4 subsidized guaranteed loans, $266,253,000 shall be for

5 subsidized guaranteed loans and $650,000,000 shall be for

6 direct loans; Indian tribe land acquisition loans,

7 $2,000,000; and for boll weevil eradication program loans,

8 $100,000,000: Provided, That the Secretary shall deem

9 the pink bollworm to be a boll weevil for the purpose of

10 boll weevil eradication program loans.

11 For the cost of direct and guaranteed loans, including

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

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

14 ownership loans, $18,120,000, of which $7,420,000 shall

15 be for guaranteed loans, and $10,700,000 shall be for di16 rect loans; operating loans, $139,783,000, of which

17 $38,760,000 shall be for unsubsidized guaranteed loans,

18 $35,438,000 shall be for subsidized guaranteed loans, and

19 $65,585,000 shall be for direct loans; and Indian tribe

20 land acquisition loans, $105,000.

21 In addition, for administrative expenses necessary to

22 carry out the direct and guaranteed loan programs,

23 $297,445,000, of which $289,445,000 shall be transferred

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

25 Agency, Salaries and Expenses’’.
27

•HR 4766 EH

1 Funds appropriated by this Act to the Agricultural

2 Credit Insurance Program Account for farm ownership

3 and operating direct loans and guaranteed loans may be

4 transferred among these programs: Provided, That the

5 Committees on Appropriations of both Houses of Congress

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

7 RISK MANAGEMENT AGENCY

8 ADMINISTRATIVE AND OPERATING EXPENSES

9 For administrative and operating expenses, as au10 thorized by section 226A of the Department of Agriculture

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

12 $72,044,000: Provided, That not to exceed $1,000 shall

13 be available for official reception and representation ex14 penses, as authorized by 7 U.S.C. 1506(i).

15 CORPORATIONS

16 The following corporations and agencies are hereby

17 authorized to make expenditures, within the limits of

18 funds and borrowing authority available to each such cor19 poration or agency and in accord with law, and to make

20 contracts and commitments without regard to fiscal year

21 limitations as provided by section 104 of the Government

22 Corporation Control Act as may be necessary in carrying

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

24 fiscal year for such corporation or agency, except as here25 inafter provided.
28

•HR 4766 EH

1 FEDERAL CROP INSURANCE CORPORATION FUND

2 For payments as authorized by section 516 of the

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

4 as may be necessary, to remain available until expended.

5 COMMODITY CREDIT CORPORATION FUND

6 REIMBURSEMENT FOR NET REALIZED LOSSES

7 For the current fiscal year, such sums as may be nec8 essary to reimburse the Commodity Credit Corporation for

9 net realized losses sustained, but not previously reim10 bursed, pursuant to section 2 of the Act of August 17,

11 1961 (15 U.S.C. 713a–11): Provided, That of the funds

12 available to the Commodity Credit Corporation under sec13 tion 11 of the Commodity Credit Corporation Charter Act

14 (15 U.S.C 714i) for the conduct of its business with the

15 Foreign Agriculture Service, up to $5,000,000 may be

16 transferred to and used by the Foreign Agricultural Serv17 ice for information resource management activities of the

18 Foreign Agricultural Service that are related, either di19 rectly or indirectly, to Commodity Credit Corporation

20 business.

21 HAZARDOUS WASTE MANAGEMENT

22 (LIMITATION ON EXPENSES)

23 For the current fiscal year, the Commodity Credit

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

25 site investigation and cleanup expenses, and operations
29

•HR 4766 EH

1 and maintenance expenses to comply with the requirement

2 of section 107(g) of the Comprehensive Environmental

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

4 9607(g)), and section 6001 of the Resource Conservation

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

6 TITLE II

7 CONSERVATION PROGRAMS

8 OFFICE OF THE UNDER SECRETARY FOR NATURAL

9 RESOURCES AND ENVIRONMENT

10 For necessary salaries and expenses of the Office of

11 the Under Secretary for Natural Resources and Environ12 ment to administer the laws enacted by the Congress for

13 the Forest Service and the Natural Resources Conserva14 tion Service, $731,000.

15 NATURAL RESOURCES CONSERVATION SERVICE

16 CONSERVATION OPERATIONS

17 For necessary expenses for carrying out the provi18 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),

19 including preparation of conservation plans and establish20 ment of measures to conserve soil and water (including

21 farm irrigation and land drainage and such special meas22 ures for soil and water management as may be necessary

23 to prevent floods and the siltation of reservoirs and to con24 trol agricultural related pollutants); operation of conserva25 tion plant materials centers; classification and mapping of
30

•HR 4766 EH

1 soil; dissemination of information; acquisition of lands,

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

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

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

5 3, 1956 (7 U.S.C. 428a); purchase and erection or alter6 ation or improvement of permanent and temporary build7 ings; and operation and maintenance of aircraft,

8 $813,673,000 (increased by $40,458,661), of which not

9 less than $9,250,000 is for snow survey and water fore10 casting, and not less than $11,722,000 is for operation

11 and establishment of the plant materials centers, and of

12 which not less than $23,500,000 shall be for the grazing

13 lands conservation initiative: Provided, That appropria14 tions hereunder shall be available pursuant to 7 U.S.C.

15 2250 for construction and improvement of buildings and

16 public improvements at plant materials centers, except

17 that the cost of alterations and improvements to other

18 buildings and other public improvements shall not exceed

19 $250,000: Provided further, That when buildings or other

20 structures are erected on non-Federal land, that the right

21 to use such land is obtained as provided in 7 U.S.C.

22 2250a: Provided further, That this appropriation shall be

23 available for technical assistance and related expenses to

24 carry out programs authorized by section 202(c) of title

25 II of the Colorado River Basin Salinity Control Act of
31

•HR 4766 EH

1 1974 (43 U.S.C. 1592(c)): Provided further, That quali2 fied local engineers may be temporarily employed at per

3 diem rates to perform the technical planning work of the

4 Service: Provided further, That none of the funds made

5 available under this paragraph by this or any other appro6 priations Act may be used to provide technical assistance

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

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

9 WATERSHED SURVEYS AND PLANNING

10 For necessary expenses to conduct research, inves11 tigation, and surveys of watersheds of rivers and other wa12 terways, and for small watershed investigations and plan13 ning, in accordance with the Watershed Protection and

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

15 $11,083,000: Provided, That none of the funds made

16 available under this paragraph by this or any other appro17 priations Act may be used to provide technical assistance

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

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

20 WATERSHED AND FLOOD PREVENTION OPERATIONS

21 For necessary expenses to carry out preventive meas22 ures, including but not limited to research, engineering op23 erations, methods of cultivation, the growing of vegetation,

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

25 in accordance with the Watershed Protection and Flood
32

•HR 4766 EH

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

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

3 590a–f), and in accordance with the provisions of laws re4 lating to the activities of the Department, $86,487,000,

5 to remain available until expended; of which up to

6 $10,000,000 may be available for the watersheds author7 ized under the Flood Control Act (33 U.S.C. 701 and 16

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

9 of this appropriation shall be available for technical assist10 ance: Provided further, That not to exceed $1,000,000 of

11 this appropriation is available to carry out the purposes

12 of the Endangered Species Act of 1973 (Public Law 93–

13 205), including cooperative efforts as contemplated by

14 that Act to relocate endangered or threatened species to

15 other suitable habitats as may be necessary to expedite

16 project construction: Provided further, That none of the

17 funds made available under this paragraph by this or any

18 other appropriations Act may be used to provide technical

19 assistance with respect to programs listed in section

20 1241(a) of the Food Security Act of 1985 (16 U.S.C.

21 3841(a)).

22 WATERSHED REHABILITATION PROGRAM

23 For necessary expenses to carry out rehabilitation of

24 structural measures, in accordance with section 14 of the

25 Watershed Protection and Flood Prevention Act (16
33

•HR 4766 EH

1 U.S.C. 1012), and in accordance with the provisions of

2 laws relating to the activities of the Department,

3 $30,091,000, to remain available until expended: Pro4 vided, That none of the funds made available under this

5 paragraph by this or any other appropriations Act may

6 be used to provide technical assistance with respect to pro7 grams listed in section 1241(a) of the Food Security Act

8 of 1985 (16 U.S.C. 3841(a)).

9 RESOURCE CONSERVATION AND DEVELOPMENT

10 For necessary expenses in planning and carrying out

11 projects for resource conservation and development and

12 for sound land use pursuant to the provisions of sections

13 31 and 32 of the Bankhead-Jones Farm Tenant Act (7

14 U.S.C. 1010–1011; 76 Stat. 607); the Act of April 27,

15 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of

16 the Agriculture and Food Act of 1981 (16 U.S.C. 3451–

17 3461), $51,641,000, to remain available until expended:

18 Provided, That none of the funds made available under

19 this paragraph by this or any other appropriations Act

20 may be used to provide technical assistance with respect

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

22 Act of 1985 (16 U.S.C. 3841(a)): Provided further, That

23 the Secretary shall enter into a cooperative or contribution

24 agreement with a national association regarding a Re25 source Conservation and Development program and such
34

•HR 4766 EH

1 agreement shall contain the same matching, contribution

2 requirements, and funding level, set forth in a similar co3 operative or contribution agreement with a national asso4 ciation in fiscal year 2002: Provided further, That not to

5 exceed $3,504,300 shall be available for national head6 quarters activities.

7 TITLE III

8 RURAL DEVELOPMENT PROGRAMS

9 OFFICE OF THE UNDER SECRETARY FOR RURAL

10 DEVELOPMENT

11 For necessary salaries and expenses of the Office of

12 the Under Secretary for Rural Development to administer

13 programs under the laws enacted by the Congress for the

14 Rural Housing Service, the Rural Business-Cooperative

15 Service, and the Rural Utilities Service of the Department

16 of Agriculture, $632,000.

17 RURAL COMMUNITY ADVANCEMENT PROGRAM

18 (INCLUDING TRANSFERS OF FUNDS)

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

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

21 1926d, and 1932, except for sections 381E–H and 381N

22 of the Consolidated Farm and Rural Development Act,

23 $667,408,000 (increased by $1,000,000), to remain avail24 able until expended, of which $39,539,000 shall be for

25 rural community programs described in section
35

•HR 4766 EH

1 381E(d)(1) of such Act; of which $552,689,000 shall be

2 for the rural utilities programs described in sections

3 381E(d)(2), 306C(a)(2), and 306D of such Act, of which

4 not to exceed $500,000 shall be available for the rural util5 ities program described in section 306(a)(2)(B) of such

6 Act, and of which not to exceed $1,000,000 shall be avail7 able for the rural utilities program described in section

8 306E of such Act; and of which $75,180,000 shall be for

9 the rural business and cooperative development programs

10 described in sections 381E(d)(3) and 310B(f) of such Act:

11 Provided, That of the total amount appropriated in this

12 account, $24,000,000 shall be for loans and grants to ben13 efit Federally Recognized Native American Tribes, includ14 ing grants for drinking water and waste disposal systems

15 pursuant to section 306C of such Act, of which

16 $4,000,000 shall be available for community facilities

17 grants to tribal colleges, as authorized by section

18 306(a)(19) of the Consolidated Farm and Rural Develop19 ment Act, and of which $250,000 shall be available for

20 a grant to a qualified national organization to provide

21 technical assistance for rural transportation in order to

22 promote economic development: Provided further, That of

23 the amount appropriated for rural community programs,

24 $6,200,000 shall be available for a Rural Community De25 velopment Initiative: Provided further, That such funds
36

•HR 4766 EH

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

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

5 to undertake projects to improve housing, community fa6 cilities, community and economic development projects in

7 rural areas: Provided further, That of the amount appro8 priated for the Rural Community Development Initiative,

9 not less than $200,000 shall be in the form of

10 predevelopment planning grants, not to exceed $50,000

11 each, with the balance for low-interest revolving loans to

12 be used for capital and other related expenses, and made

13 available to nonprofit based community development orga14 nizations: Provided further, That such organizations

15 should demonstrate experience in the administration of re16 volving loan programs and providing technical assistance

17 to cooperatives: Provided further, That such funds shall

18 be made available to qualified private, nonprofit and public

19 intermediary organizations proposing to carry out a pro20 gram of financial and technical assistance: Provided fur21 ther, That such intermediary organizations shall provide

22 matching funds from other sources, including Federal

23 funds for related activities, in an amount not less than

24 funds provided: Provided further, That of the amount ap25 propriated for the rural business and cooperative develop-
37

•HR 4766 EH

1 ment programs, not to exceed $500,000 shall be made

2 available for a grant to a qualified national organization

3 to provide technical assistance for rural transportation in

4 order to promote economic development; $2,000,000 shall

5 be for grants to the Delta Regional Authority (7 U.S.C.

6 1921 et seq.): Provided further, That of the amount appro7 priated for rural utilities programs, not to exceed

8 $25,000,000 shall be for water and waste disposal systems

9 to benefit the Colonias along the United States/Mexico

10 border, including grants pursuant to section 306C of such

11 Act; not to exceed $17,500,000 shall be for technical as12 sistance grants for rural water and waste systems pursu13 ant to section 306(a)(14) of such Act, of which

14 $5,513,000 shall be for Rural Community Assistance Pro15 grams; and not to exceed $14,000,000 shall be for con16 tracting with qualified national organizations for a circuit

17 rider program to provide technical assistance for rural

18 water systems: Provided further, That of the total amount

19 appropriated, not to exceed $22,166,000 shall be available

20 through June 30, 2005, for authorized empowerment

21 zones and enterprise communities and communities des22 ignated by the Secretary of Agriculture as Rural Economic

23 Area Partnership Zones; of which $1,081,000 shall be for

24 the rural community programs described in section

25 381E(d)(1) of such Act, of which $12,582,000 shall be
38

•HR 4766 EH

1 for the rural utilities programs described in section

2 381E(d)(2) of such Act, and of which $8,503,000 shall

3 be for the rural business and cooperative development pro4 grams described in section 381E(d)(3) of such Act: Pro5 vided further, That any prior year balances for high cost

6 energy grants authorized by section 19 of the Rural Elec7 trification Act of 1936 (7 U.S.C. 901(19)) shall be trans8 ferred to and merged with the ‘‘Rural Utilities Service,

9 High Energy Costs Grants Account’’.

10 RURAL DEVELOPMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses for carrying out the adminis14 tration and implementation of programs in the Rural De15 velopment mission area, including activities with institu16 tions concerning the development and operation of agricul17 tural cooperatives; and for cooperative agreements;

18 $143,625,000 (increased by $27,624,733): Provided, That

19 notwithstanding any other provision of law, funds appro20 priated under this section may be used for advertising and

21 promotional activities that support the Rural Development

22 mission area: Provided further, That not more than

23 $10,000 may be expended to provide modest nonmonetary

24 awards to non-USDA employees: Provided further, That

25 any balances available from prior years for the Rural Utili-
39

•HR 4766 EH

1 ties Service, Rural Housing Service, and the Rural Busi2 ness-Cooperative Service salaries and expenses accounts

3 shall be transferred to and merged with this appropria4 tion.

5 RURAL HOUSING SERVICE

6 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For gross obligations for the principal amount of di9 rect and guaranteed loans as authorized by title V of the

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

11 rural housing insurance fund, as follows: $4,409,297,000

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

13 Secretary, of which $1,100,000,000 shall be for direct

14 loans, and of which $3,309,297,000 shall be for unsub15 sidized guaranteed loans; $35,000,000 for section 504

16 housing repair loans; $116,063,000 for section 515 rental

17 housing; $100,000,000 for section 538 guaranteed multi18 family housing loans; $5,045,000 for section 524 site

19 loans; $11,501,000 for credit sales of acquired property,

20 of which up to $1,501,000 may be for multi-family credit

21 sales; and $10,000,000 for section 523 self-help housing

22 land development loans.

23 For the cost of direct and guaranteed loans, including

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

25 the Congressional Budget Act of 1974, as follows: section
40

•HR 4766 EH

1 502 loans, $160,988,000, of which $127,380,000 shall be

2 for direct loans, and of which $33,608,000, to remain

3 available until expended, shall be for unsubsidized guaran4 teed loans; section 504 housing repair loans, $10,171,000;

5 repair and rehabilitation of section 515 rental housing,

6 $54,654,000; section 538 multi-family housing guaranteed

7 loans, $3,490,000; multi-family credit sales of acquired

8 property, $727,000: Provided, That of the total amount

9 appropriated in this paragraph, $7,100,000 shall be avail10 able through June 30, 2005, for authorized empowerment

11 zones and enterprise communities and communities des12 ignated by the Secretary of Agriculture as Rural Economic

13 Area Partnership Zones.

14 In addition, for administrative expenses necessary to

15 carry out the direct and guaranteed loan programs,

16 $448,889,000, which shall be transferred to and merged

17 with the appropriation for ‘‘Rural Development, Salaries

18 and Expenses’’.

19 RENTAL ASSISTANCE PROGRAM

20 For rental assistance agreements entered into or re21 newed pursuant to the authority under section 521(a)(2)

22 or agreements entered into in lieu of debt forgiveness or

23 payments for eligible households as authorized by section

24 502(c)(5)(D) of the Housing Act of 1949, $592,000,000;

25 and, in addition, such sums as may be necessary, as au-
41

•HR 4766 EH

1 thorized by section 521(c) of the Act, to liquidate debt

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

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

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

5 shall be available for debt forgiveness or payments for eli6 gible households as authorized by section 502(c)(5)(D) of

7 the Act, and not to exceed $20,000 per project for ad8 vances to nonprofit organizations or public agencies to

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

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

11 the Act: Provided further, That agreements entered into

12 or renewed during the current fiscal year shall be funded

13 for a four-year period: Provided further, That any unex14 pended balances remaining at the end of such four-year

15 agreements may be transferred and used for the purposes

16 of any debt reduction; maintenance, repair, or rehabilita17 tion of any existing projects; preservation; and rental as18 sistance activities authorized under title V of the Act.

19 MUTUAL AND SELF-HELP HOUSING GRANTS

20 For grants and contracts pursuant to section

21 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

22 1490c), $34,000,000 to remain available until expended:

23 Provided, That of the total amount appropriated,

24 $1,000,000 shall be available through June 30, 2005, for

25 authorized empowerment zones and enterprise commu-
42

•HR 4766 EH

1 nities and communities designated by the Secretary of Ag2 riculture as Rural Economic Area Partnership Zones.

3 RURAL HOUSING ASSISTANCE GRANTS

4 For grants and contracts for very low-income housing

5 repair, supervisory and technical assistance, compensation

6 for construction defects, and rural housing preservation

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

8 U.S.C. 1474, 1479(c), 1490e, and 1490m, $42,500,000,

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

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

11 through June 30, 2005, for authorized empowerment

12 zones and enterprise communities and communities des13 ignated by the Secretary of Agriculture as Rural Economic

14 Area Partnership Zones.

15 FARM LABOR PROGRAM ACCOUNT

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

17 as authorized by 42 U.S.C. 1484 and 1486, $36,765,000,

18 to remain available until expended, for direct farm labor

19 housing loans and domestic farm labor housing grants and

20 contracts.
43

•HR 4766 EH

1 RURAL BUSINESS-COOPERATIVE SERVICE

2 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the principal amount of direct loans, as author5 ized by the Rural Development Loan Fund (42 U.S.C.

6 9812(a)), $34,213,000.

7 For the cost of direct loans, $15,868,000, as author8 ized by the Rural Development Loan Fund (42 U.S.C.

9 9812(a)), of which $1,724,000 shall be available through

10 June 30, 2005, for Federally Recognized Native American

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

12 June 30, 2005, for the Delta Regional Authority (7 U.S.C.

13 1921 et seq.): Provided, That such costs, including the

14 cost of modifying such loans, shall be as defined in section

15 502 of the Congressional Budget Act of 1974: Provided

16 further, That of the total amount appropriated,

17 $2,447,000 shall be available through June 30, 2005, for

18 the cost of direct loans for authorized empowerment zones

19 and enterprise communities and communities designated

20 by the Secretary of Agriculture as Rural Economic Area

21 Partnership Zones.

22 In addition, for administrative expenses to carry out

23 the direct loan programs, $4,321,000 shall be transferred

24 to and merged with the appropriation for ‘‘Rural Develop25 ment, Salaries and Expenses’’.
44

•HR 4766 EH

1 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING RESCISSION OF FUNDS)

4 For the principal amount of direct loans, as author5 ized under section 313 of the Rural Electrification Act,

6 for the purpose of promoting rural economic development

7 and job creation projects, $25,003,000.

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

9 modifying loans as defined in section 502 of the Congres10 sional Budget Act of 1974, $4,698,000, to remain avail11 able until expended.

12 Of the funds derived from interest on the cushion of

13 credit payments in the current fiscal year, as authorized

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

15 $4,698,000 shall not be obligated and $4,698,000 are re16 scinded.

17 RURAL COOPERATIVE DEVELOPMENT GRANTS

18 For rural cooperative development grants authorized

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

20 Rural Development Act (7 U.S.C. 1932), $23,500,000, of

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

22 the appropriate technology transfer for rural areas pro23 gram: Provided, That not to exceed $1,500,000 shall be

24 for cooperatives or associations of cooperatives whose pri25 mary focus is to provide assistance to small, minority pro-
45

•HR 4766 EH

1 ducers and whose governing board and/or membership is

2 comprised of at least 75 percent minority; and of which

3 not to exceed $15,500,000, to remain available until ex4 pended, shall be for value-added agricultural product mar5 ket development grants, as authorized by section 6401 of

6 the Farm Security and Rural Investment Act of 2002 (7

7 U.S.C. 1621 note).

8 RURAL EMPOWERMENT ZONES AND ENTERPRISE

9 COMMUNITY GRANTS

10 For grants in connection with second and third

11 rounds of empowerment zones and enterprise commu12 nities, $11,419,000, to remain available until expended,

13 for designated rural empowerment zones and rural enter14 prise communities, as authorized by the Taxpayer Relief

15 Act of 1997 and the Omnibus Consolidated and Emer16 gency Supplemental Appropriations Act, 1999 (Public

17 Law 105–277): Provided, That of the funds appropriated,

18 $1,000,000 shall be made available to third round em19 powerment zones, as authorized by the Community Re20 newal Tax Relief Act (Public Law 106–554).

21 RENEWABLE ENERGY PROGRAM

22 For the cost of a program of direct loans, loan guar23 antees, and grants, under the same terms and conditions

24 as authorized by section 9006 of the Farm Security and

25 Rural Investment Act of 2002 (7 U.S.C. 8106),
46

•HR 4766 EH

1 $15,000,000 (increased by $8,000,000) for direct and

2 guaranteed renewable energy loans and grants: Provided,

3 That the cost of direct loans and loan guarantees, includ4 ing the cost of modifying such loans, shall be as defined

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

6 RURAL UTILITIES SERVICE

7 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

8 LOANS PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 Insured loans pursuant to the authority of section

11 305 of the Rural Electrification Act of 1936 (7 U.S.C.

12 935) shall be made as follows: 5 percent rural electrifica13 tion loans, $120,000,000; municipal rate rural electric

14 loans, $100,000,000; loans made pursuant to section 306

15 of that Act, rural electric, $2,100,000,000; Treasury rate

16 direct electric loans, $1,000,000,000; guaranteed under17 writing loans pursuant to section 313A, $1,000,000,000;

18 5 percent rural telecommunications loans, $145,000,000;

19 cost of money rural telecommunications loans,

20 $250,000,000; and for loans made pursuant to section 306

21 of that Act, rural telecommunications loans,

22 $125,000,000.

23 For the cost, as defined in section 502 of the Con24 gressional Budget Act of 1974, including the cost of modi25 fying loans, of direct and guaranteed loans authorized by
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1 sections 305 and 306 of the Rural Electrification Act of

2 1936 (7 U.S.C. 935 and 936), as follows: cost of rural

3 electric loans, $5,058,000, and the cost of telecommuni4 cations loans, $100,000: Provided, That notwithstanding

5 section 305(d)(2) of the Rural Electrification Act of 1936,

6 borrower interest rates may exceed 7 percent per year.

7 In addition, for administrative expenses necessary to

8 carry out the direct and guaranteed loan programs,

9 $38,323,000 which shall be transferred to and merged

10 with the appropriation for ‘‘Rural Development, Salaries

11 and Expenses’’.

12 RURAL TELEPHONE BANK PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 The Rural Telephone Bank is hereby authorized to

15 make such expenditures, within the limits of funds avail16 able to such corporation in accord with law, and to make

17 such contracts and commitments without regard to fiscal

18 year limitations as provided by section 104 of the Govern19 ment Corporation Control Act, as may be necessary in car20 rying out its authorized programs. During fiscal year 2005

21 and within the resources and authority available, gross ob22 ligations for the principal amount of direct loans shall be

23 $175,000,000.

24 For administrative expenses, including audits, nec25 essary to carry out the loan programs, $3,152,000, which
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•HR 4766 EH

1 shall be transferred to and merged with the appropriation

2 for ‘‘Rural Development, Salaries and Expenses’’.

3 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

4 PROGRAM

5 For the principal amount of direct distance learning

6 and telemedicine loans, $50,000,000; and for the principal

7 amount of direct broadband telecommunication loans,

8 $464,038,000.

9 For the cost of direct loans and grants for telemedi10 cine and distance learning services in rural areas, as au11 thorized by 7 U.S.C. 950aaa et seq., $25,710,000, to re12 main available until expended, of which $710,000 shall be

13 for direct loans: Provided, That the cost of direct loans

14 shall be as defined in section 502 of the Congressional

15 Budget Act of 1974.

16 For the cost of broadband loans, as authorized by 7

17 U.S.C. 901 et seq., $9,884,000: Provided, That the inter18 est rate for such loans shall be the cost of borrowing to

19 the Department of the Treasury for obligations of com20 parable maturity: Provided further, That the cost of direct

21 loans shall be as defined in section 502 of the Congres22 sional Budget Act of 1974.

23 In addition, $9,000,000, to remain available until ex24 pended, for a grant program to finance broadband trans25 mission in rural areas eligible for Distance Learning and
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•HR 4766 EH

1 Telemedicine Program benefits authorized by 7 U.S.C.

2 950aaa.

3 TITLE IV

4 DOMESTIC FOOD PROGRAMS

5 OFFICE OF THE UNDER SECRETARY FOR FOOD,

6 NUTRITION, AND CONSUMER SERVICES

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Food, Nutrition, and Consumer

9 Services to administer the laws enacted by the Congress

10 for the Food and Nutrition Service, $595,000.

11 FOOD AND NUTRITION SERVICE

12 CHILD NUTRITION PROGRAMS

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses to carry out the National

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

16 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771

17 et seq.), except sections 17 and 21; $11,380,557,000, to

18 remain available through September 30, 2006, of which

19 $6,227,595,000 is hereby appropriated and

20 $5,152,962,000 shall be derived by transfer from funds

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

22 (7 U.S.C. 612c): Provided, That none of the funds made

23 available under this heading shall be used for studies and

24 evaluations: Provided further, That up to $5,235,000 shall
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•HR 4766 EH

1 be available for independent verification of school food

2 service claims.

3 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

4 WOMEN, INFANTS, AND CHILDREN (WIC)

5 For necessary expenses to carry out the special sup6 plemental nutrition program as authorized by section 17

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

8 $4,907,250,000, to remain available through September

9 30, 2006: Provided, That of the total amount available,

10 the Secretary shall obligate not less than $15,000,000 for

11 a breastfeeding support initiative in addition to the activi12 ties specified in section 17(h)(3)(A): Provided further,

13 That notwithstanding section 17(h)(10)(A) of such Act,

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

15 in section 17(h)(10)(B): Provided further, That none of

16 the funds made available under this heading shall be used

17 for studies and evaluations: Provided further, That none

18 of the funds in this Act shall be available to pay adminis19 trative expenses of WIC clinics except those that have an

20 announced policy of prohibiting smoking within the space

21 used to carry out the program: Provided further, That

22 none of the funds provided in this account shall be avail23 able for the purchase of infant formula except in accord24 ance with the cost containment and competitive bidding

25 requirements specified in section 17 of such Act: Provided
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•HR 4766 EH

1 further, That none of the funds provided shall be available

2 for activities that are not fully reimbursed by other Fed3 eral Government departments or agencies unless author4 ized by section 17 of such Act.

5 FOOD STAMP PROGRAM

6 For necessary expenses to carry out the Food Stamp

7 Act (7 U.S.C. 2011 et seq.), $33,635,798,000, of which

8 $3,000,000,000 to remain available through September

9 30, 2006, shall be placed in reserve for use only in such

10 amounts and at such times as may become necessary to

11 carry out program operations: Provided, That none of the

12 funds made available under this heading shall be used for

13 studies and evaluations: Provided further, That of the

14 funds made available under this heading and not already

15 appropriated to the Food Distribution Program on Indian

16 Reservations (FDPIR) established under section 4(b) of

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

18 exceed $4,000,000 shall be used to purchase bison meat

19 for the FDPIR from Native American bison producers:

20 Provided further, That funds provided herein shall be ex21 pended in accordance with section 16 of the Food Stamp

22 Act: Provided further, That this appropriation shall be

23 subject to any work registration or workfare requirements

24 as may be required by law: Provided further, That funds

25 made available for Employment and Training under this
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•HR 4766 EH

1 heading shall remain available until expended, as author2 ized by section 16(h)(1) of the Food Stamp Act: Provided

3 further, That notwithstanding section 5(d) of the Food

4 Stamp Act of 1977, any additional payment received

5 under chapter 5 of title 37, United States Code, by a

6 member of the United States Armed Forces deployed to

7 a designated combat zone shall be excluded from house8 hold income for the duration of the member’s deployment

9 if the additional pay is the result of deployment to or while

10 serving in a combat zone, and it was not received imme11 diately prior to serving in the combat zone.

12 COMMODITY ASSISTANCE PROGRAM

13 For necessary expenses to carry out disaster assist14 ance and the commodity supplemental food program as

15 authorized by section 4(a) of the Agriculture and Con16 sumer Protection Act of 1973 (7 U.S.C. 612c note); the

17 Emergency Food Assistance Act of 1983; and special as18 sistance for the nuclear affected islands, as authorized by

19 section 103(f)(2) of the Compact of Free Association

20 Amendments Act of 2003 (Public Law 108–188); and the

21 Farmers’ Market Nutrition Program, as authorized by

22 section 17(m) of the Child Nutrition Act of 1966,

23 $178,797,000, to remain available through September 30,

24 2006: Provided, That none of these funds shall be avail-
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•HR 4766 EH

1 able to reimburse the Commodity Credit Corporation for

2 commodities donated to the program.

3 NUTRITION PROGRAMS ADMINISTRATION

4 For necessary administrative expenses of the domes5 tic nutrition assistance programs funded under this Act,

6 $133,742,000, of which $5,000,000 shall be available only

7 for simplifying procedures, reducing overhead costs, tight8 ening regulations, improving food stamp benefit delivery,

9 and assisting in the prevention, identification, and pros10 ecution of fraud and other violations of law: Provided,

11 That none of the funds made available under this heading

12 may be used to pay the salaries and expenses of employees

13 of the Food and Nutrition Service to review, evaluate, or

14 approve State Plans under the Special Supplemental Nu15 trition Program for Women, Infants and Children (WIC)

16 that provide for vendors to operate stores that cater only

17 to WIC participants if these type stores did not operate

18 in that State prior to fiscal year 2005.
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•HR 4766 EH

1 TITLE V

2 FOREIGN ASSISTANCE AND RELATED

3 PROGRAMS

4 FOREIGN AGRICULTURAL SERVICE

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Foreign Agricultural

8 Service, including carrying out title VI of the Agricultural

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

10 activities abroad, and for enabling the Secretary to coordi11 nate and integrate activities of the Department in connec12 tion with foreign agricultural work, including not to exceed

13 $158,000 for representation allowances and for expenses

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

15 (7 U.S.C. 1766), $137,722,000: Provided, That the Serv16 ice may utilize advances of funds, or reimburse this appro17 priation for expenditures made on behalf of Federal agen18 cies, public and private organizations and institutions

19 under agreements executed pursuant to the agricultural

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

21 the foreign assistance programs of the United States

22 Agency for International Development.
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•HR 4766 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 $86,420,000, to remain available until expended: Pro9 vided, That the Secretary of Agriculture may implement

10 a commodity monetization program under existing provi11 sions of the Food for Progress Act of 1985 to provide no

12 less than $5,000,000 in local-currency funding support for

13 rural electrification development overseas.

14 In addition, for administrative expenses to carry out

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

16 Food for Progress Act of 1985, to the extent funds appro17 priated for Public Law 83–480 are utilized, $2,371,000,

18 of which $1,102,000 may be transferred to and merged

19 with the appropriation for ‘‘Foreign Agricultural Service,

20 Salaries and Expenses’’, and of which $1,269,000 may be

21 transferred to and merged with the appropriation for

22 ‘‘Farm Service Agency, Salaries and Expenses’’.
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•HR 4766 EH

1 PUBLIC LAW 480 TITLE I OCEAN FREIGHT

2 DIFFERENTIAL GRANTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For ocean freight differential costs for the shipment

5 of agricultural commodities under title I of the Agricul6 tural Trade Development and Assistance Act of 1954 and

7 under the Food for Progress Act of 1985, $22,723,000,

8 to remain available until expended: Provided, That funds

9 made available for the cost of agreements under title I

10 of the Agricultural Trade Development and Assistance Act

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

12 used interchangeably between the two accounts with prior

13 notice to the Committees on Appropriations of both

14 Houses of Congress.

15 PUBLIC LAW 480 TITLE II GRANTS

16 For expenses during the current fiscal year, not oth17 erwise recoverable, and unrecovered prior years’ costs, in18 cluding interest thereon, under the Agricultural Trade De19 velopment and Assistance Act of 1954, for commodities

20 supplied in connection with dispositions abroad under title

21 II of said Act, $1,180,002,000, to remain available until

22 expended.
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•HR 4766 EH

1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program,

6 GSM 102 and GSM 103, $4,473,000; to cover common

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity

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

10 $3,440,000 may be transferred to and merged with the

11 appropriation for ‘‘Foreign Agricultural Service, Salaries

12 and Expenses’’, and of which $1,033,000 may be trans13 ferred to and merged with the appropriation for ‘‘Farm

14 Service Agency, Salaries and Expenses’’.

15 MCGOVERN-DOLE INTERNATIONAL FOOD FOR

16 EDUCATION AND CHILD NUTRITION PROGRAM GRANTS

17 For necessary expenses to carry out the provisions

18 of section 3107 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 1736o–1), $75,000,000, to

20 remain available until expended: Provided, That the Com21 modity Credit Corporation is authorized to provide the

22 services, facilities, and authorities for the purpose of im23 plementing such section, subject to reimbursement from

24 amounts provided herein.
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•HR 4766 EH

1 TITLE VI

2 RELATED AGENCIES AND FOOD AND DRUG

3 ADMINISTRATION

4 DEPARTMENT OF HEALTH AND HUMAN

5 SERVICES

6 FOOD AND DRUG ADMINISTRATION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Food and Drug Ad10 ministration, including hire and purchase of passenger

11 motor vehicles; for payment of space rental and related

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

13 activities of the Food and Drug Administration which are

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

15 in the District of Columbia or elsewhere; for miscellaneous

16 and emergency expenses of enforcement activities, author17 ized and approved by the Secretary and to be accounted

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

19 $25,000; and notwithstanding section 521 of Public Law

20 107–188; $1,788,849,000: Provided, That of the amount

21 provided under this heading, $284,394,000 shall be de22 rived from prescription drug user fees authorized by 21

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

24 remain available until expended: Provided further, That

25 this amount shall not include any fees pursuant to 21
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•HR 4766 EH

1 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2006

2 but collected in fiscal year 2005; $33,938,000 shall be de3 rived from medical device user fees authorized by 21

4 U.S.C. 379j, and shall be credited to this account and re5 main available until expended; and $8,000,000 shall be de6 rived from animal drug user fees authorized by 21 U.S.C.

7 379j, and shall be credited to this account and remain

8 available until expended: Provided further, That fees de9 rived from prescription drug, medical device, and animal

10 drug assessments received during fiscal year 2005, includ11 ing any such fees assessed prior to the current fiscal year

12 but credited during the current year, shall be subject to

13 the fiscal year 2005 limitation: Provided further, That

14 none of these funds shall be used to develop, establish,

15 or operate any program of user fees authorized by 31

16 U.S.C. 9701: Provided further, That of the total amount

17 appropriated: (1) $446,655,000 shall be for the Center for

18 Food Safety and Applied Nutrition and related field activi19 ties in the Office of Regulatory Affairs; (2) $499,255,000

20 (increased by $500,000) shall be for the Center for Drug

21 Evaluation and Research and related field activities in the

22 Office of Regulatory Affairs; (3) $172,414,000 shall be

23 for the Center for Biologics Evaluation and Research and

24 for related field activities in the Office of Regulatory Af25 fairs; (4) $98,610,000 shall be for the Center for Veteri-
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•HR 4766 EH

1 nary Medicine and for related field activities in the Office

2 of Regulatory Affairs; (5) $232,578,000 shall be for the

3 Center for Devices and Radiological Health and for re4 lated field activities in the Office of Regulatory Affairs;

5 (6) $40,530,000 shall be for the National Center for Toxi6 cological Research; (7) $52,722,000 shall be for Rent and

7 Related activities, other than the amounts paid to the

8 General Services Administration for rent; (8)

9 $129,815,000 shall be for payments to the General Serv10 ices Administration for rent; and (9) $116,270,000 (de11 creased by $500,000) shall be for other activities, includ12 ing the Office of the Commissioner; the Office of Manage13 ment and Systems; the Office of External Relations; the

14 Office of Policy and Planning; and central services for

15 these offices: Provided further, That funds may be trans16 ferred from one specified activity to another with the prior

17 approval of the Committees on Appropriations of both

18 Houses of Congress.

19 In addition, mammography user fees authorized by

20 42 U.S.C. 263b may be credited to this account, to remain

21 available until expended.

22 In addition, export certification user fees authorized

23 by 21 U.S.C. 381 may be credited to this account, to re24 main available until expended.
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1 INDEPENDENT AGENCIES

2 COMMODITY FUTURES TRADING COMMISSION

3 For necessary expenses to carry out the provisions

4 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in5 cluding the purchase and hire of passenger motor vehicles,

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

7 in the District of Columbia and elsewhere, $93,327,000,

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

9 representation expenses.

10 FARM CREDIT ADMINISTRATION

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 Not to exceed $42,900,000 (from assessments col13 lected from farm credit institutions and from the Federal

14 Agricultural Mortgage Corporation) shall be obligated

15 during the current fiscal year for administrative expenses

16 as authorized under 12 U.S.C. 2249: Provided, That this

17 limitation shall not apply to expenses associated with re18 ceiverships.

19 TITLE VII—GENERAL PROVISIONS

20 (INCLUDING RESCISSIONS OF FUNDS)

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

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

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

25 specifically provided for, of not to exceed 388 passenger
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•HR 4766 EH

1 motor vehicles, of which 388 shall be for replacement only,

2 and for the hire of such vehicles.

3 SEC. 702. Funds in this Act available to the Depart4 ment of Agriculture shall be available for uniforms or al5 lowances therefor as authorized by law (5 U.S.C. 5901–

6 5902).

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

8 available for employment pursuant to the second sentence

9 of section 706(a) of the Department of Agriculture Or10 ganic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.

11 SEC. 704. New obligational authority provided for the

12 following appropriation items in this Act shall remain

13 available until expended: Animal and Plant Health Inspec14 tion Service, the contingency fund to meet emergency con15 ditions, information technology infrastructure, fruit fly

16 program, emerging plant pests, boll weevil program, up

17 to $12,000,000 in the low pathogen avian influenza pro18 gram for indemnities, up to $33,197,000 in animal health

19 monitoring and surveillance for the animal identification

20 system, up to $3,000,000 in the emergency management

21 systems program for the vaccine bank, and up to 25 per22 cent of the screwworm program; Food Safety and Inspec23 tion Service, field automation and information manage24 ment project; Cooperative State Research, Education, and

25 Extension Service, funds for competitive research grants
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•HR 4766 EH

1 (7 U.S.C. 450i(b)), funds for the Research, Education,

2 and Economics Information System (REEIS), and funds

3 for the Native American Institutions Endowment Fund;

4 Farm Service Agency, salaries and expenses funds made

5 available to county committees; Foreign Agricultural Serv6 ice, middle-income country training program, and up to

7 $2,000,000 of the Foreign Agricultural Service appropria8 tion solely for the purpose of offsetting fluctuations in

9 international currency exchange rates, subject to docu10 mentation by the Foreign Agricultural Service.

11 SEC. 705. No part of any appropriation contained in

12 this Act shall remain available for obligation beyond the

13 current fiscal year unless expressly so provided herein.

14 SEC. 706. Not to exceed $50,000 of the appropria15 tions available to the Department of Agriculture in this

16 Act shall be available to provide appropriate orientation

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

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

19 SEC. 707. No funds appropriated by this Act may be

20 used to pay negotiated indirect cost rates on cooperative

21 agreements or similar arrangements between the United

22 States Department of Agriculture and nonprofit institu23 tions in excess of 10 percent of the total direct cost of

24 the agreement when the purpose of such cooperative ar25 rangements is to carry out programs of mutual interest
64

•HR 4766 EH

1 between the two parties. This does not preclude appro2 priate payment of indirect costs on grants and contracts

3 with such institutions when such indirect costs are com4 puted on a similar basis for all agencies for which appro5 priations are provided in this Act.

6 SEC. 708. None of the funds in this Act shall be avail7 able to restrict the authority of the Commodity Credit

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

9 on behalf of other agencies of the Department of Agri10 culture when such space will be jointly occupied.

11 SEC. 709. None of the funds in this Act shall be avail12 able to pay indirect costs charged against competitive agri13 cultural research, education, or extension grant awards

14 issued by the Cooperative State Research, Education, and

15 Extension Service that exceed 25 percent of total Federal

16 funds provided under each award: Provided, That notwith17 standing section 1462 of the National Agricultural Re18 search, Extension, and Teaching Policy Act of 1977 (7

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

20 awarded competitively by the Cooperative State Research,

21 Education, and Extension Service shall be available to pay

22 full allowable indirect costs for each grant awarded under

23 section 9 of the Small Business Act (15 U.S.C. 638).
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1 SEC. 710. Notwithstanding any other provision of

2 this Act, all loan levels provided in this Act shall be consid3 ered estimates, not limitations.

4 SEC. 711. Appropriations to the Department of Agri5 culture for the cost of direct and guaranteed loans made

6 available in the current fiscal year shall remain available

7 until expended to cover obligations made in the current

8 fiscal year for the following accounts: the Rural Develop9 ment Loan Fund program account, the Rural Telephone

10 Bank program account, the Rural Electrification and

11 Telecommunication Loans program account, and the

12 Rural Housing Insurance Fund program account.

13 SEC. 712. None of the funds in this Act may be used

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

15 Rural Telephone Bank or to maintain any account or sub16 account within the accounting records of the Rural Tele17 phone Bank the creation of which has not specifically been

18 authorized by statute: Provided, That notwithstanding any

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

20 otherwise made available in this Act may be used to trans21 fer to the Treasury or to the Federal Financing Bank any

22 unobligated balance of the Rural Telephone Bank tele23 phone liquidating account which is in excess of current

24 requirements and such balance shall receive interest as set
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•HR 4766 EH

1 forth for financial accounts in section 505(c) of the Fed2 eral Credit Reform Act of 1990.

3 SEC. 713. Of the funds made available by this Act,

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

5 expenses of activities related to all advisory committees,

6 panels, commissions, and task forces of the Department

7 of Agriculture, except for panels used to comply with nego8 tiated rule makings and panels used to evaluate competi9 tively awarded grants.

10 SEC. 714. None of the funds appropriated by this Act

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

12 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul13 try Products Inspection Act (21 U.S.C. 471).

14 SEC. 715. No employee of the Department of Agri15 culture may be detailed or assigned from an agency or

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

17 of the Department for more than 30 days unless the indi18 vidual’s employing agency or office is fully reimbursed by

19 the receiving agency or office for the salary and expenses

20 of the employee for the period of assignment.

21 SEC. 716. None of the funds appropriated or other22 wise made available to the Department of Agriculture

23 shall be used to transmit or otherwise make available to

24 any non-Department of Agriculture employee questions or
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•HR 4766 EH

1 responses to questions that are a result of information re2 quested for the appropriations hearing process.

3 SEC. 717. (a) Notwithstanding any other provision

4 of law, none of the funds provided by this Act, or provided

5 by previous Appropriations Acts to the agencies funded

6 by this Act that remain available for obligation or expendi7 ture in the current fiscal year, or provided from any ac8 counts in the Treasury of the United States derived by

9 the collection of fees available to the agencies funded by

10 this Act, shall be available for obligation or expenditure

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

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

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

14 project or activity for which funds have been denied or

15 restricted; (4) relocates an office or employees; (5) reorga16 nizes offices, programs, or activities; or (6) contracts out

17 or privatizes any functions or activities presently per18 formed by Federal employees.

19 (b) Notwithstanding any other provision of law, none

20 of the funds provided by this Act, or provided by previous

21 Appropriations Acts to the agencies funded by this Act

22 that remain available for obligation or expenditure in the

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

24 Treasury of the United States derived by the collection

25 of fees available to the agencies funded by this Act, shall
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•HR 4766 EH

1 be available for obligation or expenditure for activities,

2 programs, or projects through a reprogramming of funds

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

4 that: (1) augments existing programs, projects, or activi5 ties; (2) reduces by 10 percent funding for any existing

6 program, project, or activity, or numbers of personnel by

7 10 percent as approved by Congress; or (3) results from

8 any general savings from a reduction in personnel which

9 would result in a change in existing programs, activities,

10 or projects as approved by Congress.

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

12 Health and Human Services, or the Chairman of the Com13 modity Futures Trading Commission shall notify the Com14 mittees on Appropriations of both Houses of Congress be15 fore implementing a program or activity not carried out

16 during the previous fiscal year unless the program or ac17 tivity is funded by this Act or specifically funded by any

18 other Act.

19 SEC. 718. With the exception of funds needed to ad20 minister and conduct oversight of grants awarded and ob21 ligations incurred in prior fiscal years, none of the funds

22 appropriated or otherwise made available by this or any

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

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

25 Public Law 105–185, the Initiative for Future Agriculture
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•HR 4766 EH

1 and Food Systems (7 U.S.C. 7621). Funds under section

2 401 for fiscal year 2005 are hereby cancelled.

3 SEC. 719. None of the funds appropriated by this or

4 any other Act shall be used to pay the salaries and ex5 penses of personnel who prepare or submit appropriations

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

7 the Congress of the United States for programs under the

8 jurisdiction of the Appropriations Subcommittees on Agri9 culture, Rural Development, Food and Drug Administra10 tion, and Related Agencies that assumes revenues or re11 flects a reduction from the previous year due to user fees

12 proposals that have not been enacted into law prior to the

13 submission of the Budget unless such Budget submission

14 identifies which additional spending reductions should

15 occur in the event the user fees proposals are not enacted

16 prior to the date of the convening of a committee of con17 ference for the fiscal year 2006 appropriations Act.

18 SEC. 720. None of the funds made available by this

19 or any other Act may be used to close or relocate a state

20 Rural Development office unless or until cost effectiveness

21 and enhancement of program delivery have been deter22 mined.

23 SEC. 721. In addition to amounts otherwise appro24 priated or made available by this Act, $2,500,000 is ap25 propriated for the purpose of providing Bill Emerson and
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1 Mickey Leland Hunger Fellowships, through the Congres2 sional Hunger Center.

3 SEC. 722. Notwithstanding section 412 of the Agri4 cultural Trade Development and Assistance Act of 1954

5 (7 U.S.C. 1736f), any balances available to carry out title

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

7 and any recoveries and reimbursements that become avail8 able to carry out title III of such Act, may be used to

9 carry out title II of such Act.

10 SEC. 723. Section 375(e)(6)(B) of the Consolidated

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

12 2008j(e)(6)(B)) is amended by striking ‘‘$26,998,000’’

13 and inserting ‘‘$27,498,000’’.

14 SEC. 724. None of the funds appropriated or other15 wise made available by this Act shall be used to pay the

16 salaries and expenses of personnel to collect from the lend17 er at the time of issuance a guarantee fee of less than

18 2 percent of the principal obligation of guaranteed single19 family housing loans administered by the Rural Housing

20 Service.

21 SEC. 725. Notwithstanding any other provision of

22 law, the Secretary shall consider the City of Salinas, Cali23 fornia; the City of Watsonville, California; the City of Hol24 lister, California; the Town of Ulster, New York; County

25 of Cleburne, Alabama; the City of Coachella, California;
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1 the City of Casa Grande, Arizona; the City of Creedmoor,

2 North Carolina; the City of Eureka, California; the City

3 of Clarksdale, Mississippi; the City of Vicksburg, Mis4 sissippi; the City of Wewahitchka, Florida; the Town of

5 Horseshoe Beach, Florida; and the City of Carbondale, Il6 linois, as meeting the eligibility requirements for loan and

7 grant programs in the Rural Development mission area.

8 SEC. 726. Notwithstanding any other provision of

9 law, the Natural Resources Conservation Service shall pro10 vide financial and technical assistance to the DuPage

11 County, Illinois, Kress Creek Water Quality Enhancement

12 Project, from funds available for the Watershed and Flood

13 Prevention Operations program, not to exceed $1,360,000

14 and Rockhouse Creek Watershed, Leslie County, Ken15 tucky, not to exceed $1,000,000.

16 SEC. 727. None of the funds made available in this

17 Act may be transferred to any department, agency, or in18 strumentality of the United States Government, except

19 pursuant to a transfer made by, or transfer authority pro20 vided in, this or any other appropriation Act.

21 SEC. 728. Notwithstanding any other provision of

22 law, of the funds made available in this Act for competitive

23 research grants (7 U.S.C. 450i(b)), the Secretary may use

24 up to 20 percent of the amount provided to carry out a

25 competitive grants program under the same terms and
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1 conditions as those provided in section 401 of the Agricul2 tural Research, Extension, and Education Reform Act of

3 1998 (7 U.S.C. 7621).

4 SEC. 729. None of the funds appropriated or made

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

6 the salaries and expenses of personnel to carry out section

7 14(h)(1) of the Watershed Protection and Flood Preven8 tion Act (16 U.S.C. 1012(h)(1)).

9 SEC. 730. None of the funds appropriated or made

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

11 the salaries and expenses of personnel to carry out subtitle

12 I of the Consolidated Farm and Rural Development Act

13 (7 U.S.C. 2009dd through dd–7).

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

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

16 the salaries and expenses of personnel to carry out section

17 6405 of Public Law 107–171 (7 U.S.C. 2655).

18 SEC. 732. The Agricultural Marketing Service and

19 the Grain Inspection, Packers and Stockyards Administra20 tion, that have statutory authority to purchase interest

21 bearing investments outside of the Treasury, are not re22 quired to establish obligations and outlays for those invest23 ments, provided those investments are insured by the Fed24 eral Deposit Insurance Corporation or are collateralized

25 at the Federal Reserve with securities approved by the
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1 Federal Reserve, operating under the guidelines of the

2 United States Department of the Treasury.

3 SEC. 733. Of the funds made available under section

4 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et

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

6 associated with the distribution of commodities.

7 SEC. 734. 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 enroll in

10 excess of 175,000 acres in the calendar year 2005 wet11 lands reserve program as authorized by 16 U.S.C. 3837.

12 SEC. 735. None of the funds appropriated or other13 wise made available by this or any other Act shall be used

14 to pay the salaries and expenses of personnel who carry

15 out an environmental quality incentives program author16 ized by chapter 4 of subtitle D of title XII of the Food

17 Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess

18 of $1,010,000,000.

19 SEC. 736. The Secretary of Agriculture is authorized

20 to permit employees of the United States Department of

21 Agriculture to carry and use firearms for personal protec22 tion while conducting field work in remote locations in the

23 performance of their official duties.

24 SEC. 737. None of the funds appropriated or other25 wise made available by this or any other Act shall be used
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1 to pay the salaries and expenses of personnel to expend

2 the $23,000,000 made available by section 9006(f) of the

3 Farm Security and Rural Investment Act of 2002 (7

4 U.S.C. 8106(f)).

5 SEC. 738. None of the funds appropriated or other6 wise made available by this or any other Act shall be used

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

8 a Broadband Program as authorized by 601(j)(A) of 7

9 U.S.C. 950bb(j)(1)(A). $40,000,000 of the funds available

10 under such section are hereby cancelled.

11 SEC. 739. None of the funds appropriated or other12 wise made available by this or any other Act shall be used

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

14 a Value-added grant program as authorized by 231(b)(4)

15 of 7 U.S.C. 1621 note. $80,000,000 of the funds available

16 under such section are hereby cancelled.

17 SEC. 740. Notwithstanding subsections (c) and (e)(2)

18 of section 313A of the Rural Electrification Act (7 U.S.C.

19 940c(c) and (e)(2)) in implementing section 313A of that

20 Act, the Secretary shall, with the consent of the lender,

21 structure the schedule for payment of the annual fee, not

22 to exceed an average of 30 basis points per year for the

23 term of the loan, to ensure that sufficient funds are avail24 able to pay the subsidy costs for note guarantees under

25 that section.
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1 SEC. 741. None of the funds appropriated or other2 wise made available by this or any other Act shall be used

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

4 a Conservation Security Program authorized by 16 U.S.C.

5 3838, et seq., in excess of $194,411,000.

6 SEC. 742. None of the funds appropriated or other7 wise made available by this or any other Act shall be used

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

9 a wildlife habitat incentives program authorized under sec10 tion 2502 of Public Law 107–171, the Farm Security and

11 Rural Investment Act of 2002, in excess of $60,000,000.

12 SEC. 743. None of the funds appropriated or other13 wise made available by this or any other Act shall be used

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

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

16 and Rural Investment Act of 2002, in excess of

17 $112,044,000.

18 SEC. 744. The Secretary of Agriculture shall use

19 $1,000,000 of the funds of the Commodity Credit Cor20 poration, to remain available until expended, to com21 pensate commercial citrus and lime growers in the State

22 of Florida for tree replacement and for lost production

23 with respect to trees removed to control citrus canker, and

24 with respect to certified citrus nursery stocks within the

25 citrus canker quarantine areas, as determined by the Sec-
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1 retary. For a grower to receive assistance for a tree under

2 this section, the tree must have been removed after Sep3 tember 30, 2001.

4 SEC. 745. None of the funds appropriated or other5 wise made available by this, or any other Act, may be used

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

7 Subtitle H (the Rural Business Investment Program) of

8 the Consolidated Farm and Rural Development Act, as

9 amended by the Farm Security and Rural Investment Act

10 of 2002 (Public Law 107–171).

11 SEC. 746. None of the funds appropriated or other12 wise made available in this Act shall be expended to violate

13 Public Law 105–264.

14 SEC. 747. None of the funds made available by this

15 Act may be used to issue a final rule in furtherance of,

16 or otherwise implement, the proposed rule on cost-sharing

17 for animal and plant health emergency programs of the

18 Animal and Plant Health Inspection Service published on

19 July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg.

20 40541).

21 SEC. 748. None of the funds made available in this

22 Act may be used to study, complete a study of, or enter

23 into a contract with a private party to carry out, without

24 specific authorization in a subsequent Act of Congress, a

25 competitive sourcing activity of the Secretary of Agri-
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1 culture, including support personnel of the Department of

2 Agriculture, relating to rural development or farm loan

3 programs.

4 SEC. 749. Notwithstanding any other provision of

5 law, the Secretary of Agriculture may use appropriations

6 available to the Secretary for activities authorized under

7 sections 426–426c of title 7, United States Code, under

8 this or any other Act, to enter into cooperative agree9 ments, with a State, political subdivision, or agency there10 of, a public or private agency, organization, or any other

11 person, to lease aircraft if the Secretary determines that

12 the objectives of the agreement will: (1) serve a mutual

13 interest of the parties to the agreement in carrying out

14 the programs administered by the Animal and Plant

15 Health Inspection Service, Wildlife Services; and (2) all

16 parties will contribute resources to the accomplishment of

17 these objectives; award of a cooperative agreement author18 ized by the Secretary may be made for an initial term not

19 to exceed 5 years.

20 SEC. 750. None of the funds appropriated or other21 wise made available by this or any other Act shall be used

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

23 section 9010 of Public Law 107–171, the Farm Security

24 and Rural Investment Act of 2002, in excess of

25 $100,000,000.
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1 SEC. 751. The matter under the heading ‘‘Rural

2 Community Advancement Program’’ in division A—Agri3 culture, Rural Development, Food and Drug Administra4 tion, and Related Agencies Programs Appropriations,

5 2004, title III—Rural Development Programs, in Public

6 Law 108–199 is amended by striking ‘‘$1,750,000 shall

7 be for grants to the Delta Regional Authority (7 U.S.C.

8 1921 et seq.); and not less than $2,000,000 shall be avail9 able for grants in accordance with section 310B(f) of the

10 Consolidated Farm and Rural Development Act’’ and in11 serting ‘‘and not less than $2,000,000 shall be available

12 for grants in accordance with section 310B(f) of the Con13 solidated Farm and Rural Development Act: Provided fur14 ther, That of the total amount appropriated in this ac15 count, $1,750,000 shall be for grants to the Delta Re16 gional Authority (7 U.S.C. 1921 et seq.) for any Rural

17 Community Advancement Program purpose’’.

18 SEC. 752. Of the unobligated balances available in

19 the Rural Housing Assistance Grant Program account,

20 $1,000,000 is hereby rescinded.

21 SEC. 753. Of the unobligated balances available in

22 the Rural Housing Insurance Fund Program account,

23 $3,000,000 is hereby rescinded.

24 SEC. 754. Funds made available under section 1240I

25 and section 1241(a) of the Food Security Act of 1985 in
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1 fiscal years 2002, 2003, 2004, and 2005 shall remain

2 available until expended to cover obligations made in fiscal

3 years 2002, 2003, 2004, and 2005, respectively: Provided,

4 That unobligated funds that are available at the end of

5 each fiscal year are returned to the Treasury.

6 SEC. 755. None of the funds appropriated or other7 wise made available by this Act for the Food and Drug

8 Administration may be used under section 801 of the Fed9 eral Food, Drug, and Cosmetic Act to prevent an indi10 vidual not in the business of importing a prescription drug

11 within the meaning of section 801(g) of such Act, whole12 salers, or pharmacists from importing a prescription drug

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

14 SEC. 756. Section 502(h)(6)(C) of the Housing Act

15 of 1949 (42 U.S.C. 1472(h)(6)(C)) is amended by adding,

16 ‘‘, plus the guarantee fee as authorized by subsection

17 (h)(7)’’ after the phrase, ‘‘whichever is less’’, in each of

18 paragraphs (i) and (ii).

19 SEC. 757. Section 501 of the Agricultural Trade De20 velopment and Assistance Act of 1954 (7 U.S.C. 1737)

21 is amended—

22 (1) in subsection (b)(1), by inserting ‘‘and

23 Doug Bereuter’’ after ‘‘John Ogonowski’’; and

24 (2) in the heading, by inserting ‘‘AND DOUG

25 BEREUTER’’ after ‘‘JOHN OGONOWSKI’’.
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1 TITLE VIII—ADDITIONAL GENERAL

2 PROVISIONS

3 SEC. 801. (a) None of the funds made available in

4 this Act for the Environmental Quality Incentives Pro5 gram authorized by chapter 4 of subtitle D of title XII

6 of the Food Security Act of 1985 (16 U.S.C. 3839aa–

7 3839aa-9), the Wildlife Habitat Incentive Program au8 thorized by section 1240N of such Act (16 U.S.C. 3839bb9 1), the Grassland Reserve Program authorized by sub10 chapter C of chapter 2 of such subtitle (16 U.S.C. 3838n–

11 3838q), or the Farmland Protection Program authorized

12 by subchapter B of such chapter 2 (16 U.S.C. 3838h–

13 3838j) may be used to provide technical assistance under

14 the Conservation Reserve program authorized by sub15 chapter B of chapter 1 of such subtitle (16 U.S.C. 3831–

16 3835a) or under the Wetlands Reserve Program author17 ized by subchapter C of such chapter 1 (16 U.S.C. 3837–

18 3837f).

19 (b) None of the funds made available in this Act for

20 the Conservation Reserve program authorized by sub21 chapter B of chapter 1 of subtitle D of the Food Security

22 Act of 1985 (16 U.S.C. 3831–3835a) may be used to pro23 vide technical assistance under the Wetlands Reserve Pro24 gram authorized by subchapter C of such chapter (16

25 U.S.C. 3837–3837f).
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1 (c) None of the funds made available in this Act for

2 the Wetlands Reserve Program authorized by subchapter

3 C of chapter 1 of subtitle D of the Food Security Act of

4 1985 (16 U.S.C. 3837–3837f) may be used to provide

5 technical assistance under the Conservation Reserve Pro6 gram authorized by subchapter B of such chapter (16

7 U.S.C. 3831–3835a).

8 SEC. 802. None of the funds made available by this

9 Act may be used to pay the salaries and expenses of em10 ployees of the Department of Agriculture who make pay11 ments from any appropriated funds to tobacco quota hold12 ers or producers of quota tobacco pursuant to any law en13 acted after July 1, 2004, terminating tobacco marketing

14 quotas under part I of subtitle B of title III of the Agricul15 tural Adjustment Act of 1938 and related price support

16 under sections 106, 106A, and 106B of the Agricultural

17 Act of 1949.

18 SEC. 803. None of the funds made available in this

19 Act may be used to provide credits or credit guarantees

20 for agricultural commodities provided for use in Iraq in

21 violation of subsection (e) or (f) of section 202 of the Agri22 cultural Trade Act of 1978 (7 U.S.C. 5622).

23 SEC. 804. None of the funds appropriated or other24 wise made available by this Act may be used to pay the

25 federal share of the administrative costs of any state’s op-
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1 eration of the food stamp program that are performed out2 side the United States, except that the amounts otherwise

3 provided by this Act are revised by increasing the amount

4 made available under the heading ‘‘Food Stamp Program’’

5 by $6,500,000 for expenses under section 16 of the Food

6 Stamp Act.

7 SEC. 805. None of the funds made available in this

8 Act may be used to restrict to prescription use a contra9 ceptive that is determined to be safe and effective for use

10 without the supervision of a practitioner licensed by law

11 to administer prescription drugs under section 503(b) of

12 the Federal Food, Drug, and Cosmetic Act.

13 SEC. 806. None of the funds made available to the

14 Department of Agriculture by this Act may be used to ac15 quire new information technology systems or significant

16 upgrades, as determined by the Office of the Chief Infor17 mation Officer, without the approval of the Chief Informa18 tion Officer and the concurrence of the Executive Informa19 tion Technology Investment Review Board: Provided, That

20 notwithstanding any other provision of law, none of the

21 funds appropriated or otherwise made available by this

22 Act may be transferred to the Office of the Chief Informa23 tion Officer: Provided further, That the report described

24 in the second proviso under the heading ‘‘Office of the

25 Chief Financial Officer’’ shall also be submitted to the
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1 Committee on Government Reform of the House of Rep2 resentatives.

3 This Act may be cited as the ‘‘Agriculture, Rural De4 velopment, Food and Drug Administration, and Related

5 Agencies Appropriations Act, 2005’’.

Passed the House of Representatives July 13, 2004.

Attest:

Clerk.