H. R. 2673—32
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Con-
gress are notified 15 days in advance of such reprogramming of
funds.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on Appropriations
of both Houses of Congress before implementing a program or
activity not carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically funded
by any other Act.
SEC. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations incurred
in prior fiscal years, none of the funds appropriated or otherwise
made available by this or any other Act may be used to pay
the salaries and expenses of personnel to carry out the provisions
of section 401 of Public Law 105–185, the Initiative for Future
Agriculture and Food Systems (7 U.S.C. 7621).
SEC. 721. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Sub-
committees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which addi-
tional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of
a committee of conference for the fiscal year 2005 appropriations
Act.
SEC. 722. None of the funds made available by this or any
other Act may be used to close or relocate a State Rural Develop-
ment office unless or until cost effectiveness and enhancement
of program delivery have been determined.
SEC. 723. In addition to amounts otherwise appropriated or
made available by this Act, $3,000,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, as authorized by Public Law 108–58.
SEC. 724. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any
balances available to carry out title III of such Act as of the
date of enactment of this Act, and any recoveries and reimburse-
ments that become available to carry out title III of such Act,
may be used to carry out title II of such Act.
SEC. 725. Of any shipments of commodities made pursuant
to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)),
the Secretary of Agriculture shall, to the extent practicable, direct
that tonnage equal in value to not more than $25,000,000 shall
H. R. 2673—33
be made available to foreign countries to assist in mitigating the
effects of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome on communities, including the provi-
sion of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the commu-
nities; and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and micro-
enterprise programs) to create or restore sustainable livelihoods
among individuals in the communities, particularly individuals
caring for orphaned children.
SEC. 726. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ‘‘$26,499,000’’ and inserting ‘‘$26,998,000’’.
SEC. 727. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial and
technical assistance through the Watershed and Flood Prevention
Operations program for the Kuhn Bayou and Ditch 26 Improvement
projects in Arkansas, the Matanuska River erosion control project
in Alaska, the DuPage County Sawmill Creek Watershed project
in Illinois, and the Coal Creek project in Utah, and four flood
control structures in Marmaton, Kansas.
SEC. 728. Notwithstanding any other provision of law, the
Secretary shall consider the County of Lawrence, Ohio; the City
of Havelock, North Carolina; the City of Portsmouth, Ohio; the
City of Binghamton, New York; the Town of Vestal, New York;
the City of Ithaca, New York; the City of Casa Grande, Arizona;
the City of Clarksdale, Mississippi; the City of Coachella, California;
the City of Salinas, California; the City of Watsonville, California;
the City of Hollister, California; the Municipality of Carolina, Puerto
Rico; and the City of Kinston, North Carolina, as meeting the
eligibility requirements for loans and grants programs in the Rural
Development mission area.
SEC. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to the DuPage County, Illinois, Kress Creek
Watershed Plan, from funds available for the Watershed and Flood
Prevention Operations program, not to exceed $1,600,000 and
Rockhouse Creek Watershed, Leslie County, Kentucky, not to exceed
$1,000,000.
SEC. 730. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriation
Act.
SEC. 731. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Pharmaceutical Analysis in St. Louis, Missouri, outside
the city or county limits of St. Louis, Missouri.
SEC. 732. Agencies and offices of the Department of Agriculture
may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and
H. R. 2673—34
expenses of personnel, and for other related expenses, incurred
in representing such agencies and offices in the resolution of com-
plaints by employees or applicants for employment, and in cases
and other matters pending before the Equal Employment Oppor-
tunity Commission, the Federal Labor Relations Authority, or the
Merit Systems Protection Board with the prior approval of the
Committees on Appropriations of both Houses of Congress.
SEC. 733. Notwithstanding any other provision of law, of the
funds made available in this Act for competitive research grants
(7 U.S.C. 450i(b)), the Secretary may use up to 20 percent of
the amount provided to carry out a competitive grants program
under the same terms and conditions as those provided in section
401 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7621), including requests for proposals for
grants for critical emerging issues described in section 401(c)(1)
of that Act for which the Secretary has not issued requests for
proposals for grants in fiscal year 2002 or 2003.
SEC. 734. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
SEC. 735. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance through the Watershed and Flood Prevention
Operations program to carry out the Upper Tygart Valley Water-
shed project, West Virginia: Provided, That the Natural Resources
Conservation Service is authorized to provide 100 percent of the
engineering assistance and 75 percent cost share for installation
of the water supply component of this project.
SEC. 736. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009dd through dd–
7).
SEC. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107–171 (7 U.S.C. 2655).
SEC. 738. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of sections 7404(a)(1) and
7404(c)(1) of Public Law 107–171.
SEC. 739. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments outside
of the Treasury, are not required to establish obligations and outlays
for those investments, provided those investments are insured by
the Federal Deposit Insurance Corporation or are collateralized
at the Federal Reserve with securities approved by the Federal
Reserve, operating under the guidelines of the United States
Department of the Treasury.
SEC. 740. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary
may use up to $10,000,000 for costs associated with the distribution
of commodities.
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
H. R. 2673—35
and expenses of personnel to enroll in excess of 189,144 acres
in the calendar year 2004 wetlands reserve program as authorized
by 16 U.S.C. 3837.
SEC. 742. None of the funds made available in fiscal year
2004 or preceding fiscal years for programs authorized under the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill Emerson
Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any
such funds made available to reimburse the Commodity Credit
Corporation shall only be used pursuant to section 302(b)(2)(B)(i)
of the Bill Emerson Humanitarian Trust Act.
SEC. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)
in excess of $975,000,000.
SEC. 744. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from appro-
priated funds financial and technical assistance to the Dry Creek
project, Utah.
SEC. 745. The Secretary of Agriculture is authorized to permit
employees of the United States Department of Agriculture to carry
and use firearms for personal protection while conducting field
work in remote locations in the performance of their official duties.
SEC. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $23,000,000 made available
by section 9006(f) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106(f)).
SEC. 747. ACCESS TO BROADBAND TELECOMMUNICATIONS SERV-
ICES IN RURAL AREAS. None of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to expend the $20,000,000
made available by section 601(j)(1)(A) of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) for fiscal year 2004.
SEC. 748. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $40,000,000 made available
by section 231(b)(4) of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1621 note) for fiscal year 2004.
SEC. 749. Section 285 of the Agricultural Marketing Act of
1946 (16 U.S.C. 1638d et seq.) is amended by striking ‘‘2004’’
and inserting ‘‘2006, except for ‘farm-raised fish’ and ‘wild fish’
which shall be September 30, 2004’’.
SEC. 750. (a) Notwithstanding subsections (c) and (e)(2) of sec-
tion 313A of the Rural Electrification Act (7 U.S.C. 940c(c) and
(e)(2)) in implementing section 313A of that Act, the Secretary
shall, with the consent of the lender, structure the schedule for
payment of the annual fee, not to exceed an average of 30 basis
points per year for the term of the loan, to ensure that sufficient
funds are available to pay the subsidy costs for note guarantees
under that section.