S.Amdt. 2086

TEXT OF AMENDMENTS

SA 2072. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

Strike all after the enacting clause and insert the
following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2004, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing, and Marketing

Office of the Secretary

For necessary expenses of the Office of the Secretary of
Agriculture, $10,046,000: Provided, That not to exceed
$11,000 of this amount shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary.

Executive Operations

chief economist

For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $8,707,000.

national appeals division

For necessary expenses of the National Appeals Division,
$13,997,000.

Office of Budget and Program Analysis

For necessary expenses of the Office of Budget and Program
Analysis, $7,544,000.

Homeland Security Staff

For necessary expenses of the Homeland Security Staff,
$910,000.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, $15,710,000.

Common Computing Environment

For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service,
the Farm and Foreign Agricultural Service and Rural
Development mission areas for information technology,
systems, and services, $119,289,000, to remain available
until expended, for the capital asset acquisition of shared
information technology systems, including services as
authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 1421-28:
Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center
Modernization Plan of the county-based agencies, and shall be
with the concurrence of the Department's Chief Information
Officer.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, $5,496,000: Provided, That the Chief Financial
Officer shall actively market and expand cross-servicing
activities of the National Finance Center.

Office of the Assistant Secretary for Civil Rights

For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $794,000.

Office of Civil Rights

For necessary expenses of the Office of Civil Rights,
$15,445,000.

Office of the Assistant Secretary for Administration

For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $673,000.

Agriculture Buildings and Facilities and Rental Payments

(including transfers of funds)

For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $188,022,000, to
remain available until expended: Provided, That the Secretary
of Agriculture may transfer a share of that agency's
appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation
to that agency's appropriation to cover the costs of new or
replacement space for such agency, but such transfers shall
not exceed 5 percent of the funds made available for space
rental and related costs to or from this account.

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,611,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.

Departmental Administration

(including transfers of funds)

For Departmental Administration, $23,031,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558.

Office of the Assistant Secretary for Congressional Relations

(including transfers of funds)

For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,825,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no other funds appropriated to the
Department by this Act shall be available to the Department
for support of activities of congressional relations.

Office of Communications

For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for
the dissemination of agricultural information, and the
coordination of information, work, and programs authorized by
Congress in the Department, $9,228,000: Provided, That not to
exceed $2,000,000 may be used for farmers' bulletins.

Office of the Inspector General

For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector
General Act of 1978, $75,781,000, including such sums as may
be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978, and including
not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.

Office of the General Counsel

For necessary expenses of the Office of the General
Counsel, $35,343,000.

Office of the Under Secretary for Research, Education and Economics

For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics
Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service,
$596,000.

Economic Research Service

For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627)
and other laws, $69,902,000.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C.
1621-1627 and 2204g, and other laws, $128,922,000, of which
up to $25,279,000 shall be available until expended for the
Census of Agriculture.

[[Page S14053]]

Agricultural Research Service

Salaries and Expenses

For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,045,533,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized
by law: Provided further, That all rights and title of the
United States in the 1.0664-acre parcel of land including
improvements, as recorded at Book 1320, Page 253, records of
Larimer County, State of Colorado, shall be conveyed to the
Board of Governors of the Colorado State University for the
benefit of Colorado State University.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.

Buildings and Facilities

For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $46,000,000, to remain available until
expended.

Cooperative State Research, Education, and Extension Service

Research and Education Activities

For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $617,575,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$178,977,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $21,742,000; for payments to
the 1890 land-grant colleges, including Tuskegee University
and West Virginia State College (7 U.S.C. 3222), $35,411,000,
of which $1,507,496 shall be made available only for the
purpose of ensuring that each institution shall receive no
less than $1,000,000; for special grants for agricultural
research (7 U.S.C. 450i(c)), $101,637,000; for special grants
for agricultural research on improved pest control (7 U.S.C.
450i(c)), $14,976,000; for competitive research grants (7
U.S.C. 450i(b)), $180,000,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,065,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $840,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,242,000, to remain available until expended; for research
grants for 1994 institutions pursuant to section 536 of
Public Law 103-382 (7 U.S.C. 301 note), $1,093,000, to remain
available until expended; for higher education graduate
fellowship grants (7 U.S.C. 3152(b)(6)), $3,222,000, to
remain available until expended (7 U.S.C. 2209b); for higher
education challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000;
for a higher education multicultural scholars program (7
U.S.C. 3152(b)(5)), $992,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program
for Hispanic-serving Institutions (7 U.S.C. 3241),
$4,073,000; for noncompetitive grants for the purpose of
carrying out all provisions of 7 U.S.C. 3242 (section 759 of
Public Law 106-78) to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii,
with funds awarded equally to each of the States of Alaska
and Hawaii, $3,500,000; for a secondary agriculture education
program and 2-year post-secondary education (7 U.S.C.
3152(j)), $994,000; for aquaculture grants (7 U.S.C. 3322),
$4,471,000; for sustainable agriculture research and
education (7 U.S.C. 5811), $13,661,000; for a program of
capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7
U.S.C. 321-326 and 328), including Tuskegee University and
West Virginia State College, $11,404,000, to remain available
until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-
382, $1,689,000; and for necessary expenses of Research and
Education Activities, $26,698,000.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.

Native American Institutions Endowment Fund

For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$9,000,000.

Extension Activities

For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern
Marianas, and American Samoa, $450,084,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $279,390,000;
payments for extension work at the 1994 Institutions under
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000;
payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,185,000;
payments for the pest management program under section 3(d)
of the Act, $10,689,000; payments for the farm safety program
under section 3(d) of the Act, $5,489,000; payments to
upgrade research, extension, and teaching facilities at the
1890 land-grant colleges, including Tuskegee University and
West Virginia State College, as authorized by section 1447 of
Public Law 95-113 (7 U.S.C. 3222b), $14,903,000, to remain
available until expended; payments for youth-at-risk programs
under section 3(d) of the Smith-Lever Act, $8,426,000; for
youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the
Act, $496,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671
et seq.), $4,516,000; payments for Indian reservation agents
under section 3(d) of the Smith-Lever Act, $1,983,000;
payments for sustainable agriculture programs under section
3(d) of the Act, $4,843,000; payments for rural health and
safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $2,605,000; payments for
cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328)
and Tuskegee University and West Virginia State College,
$31,908,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall
receive no less than $1,000,000; for grants to youth
organizations pursuant to section 7630 of title 7, United
States Code, $2,981,000; and for necessary expenses of
extension activities, $20,397,000.

Integrated Activities

For the integrated research, education, and extension
competitive grants programs, including necessary
administrative expenses, as authorized under section 406 of
the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7626), $46,711,000, as follows:
payments for the water quality program, $12,887,000; payments
for the food safety program, $14,870,000; payments for the
regional pest management centers program, $4,502,000;
payments for the Food Quality Protection Act risk mitigation
program for major food crop systems, $4,857,000; payments for
the crops affected by Food Quality Protection Act
implementation, $1,487,000; payments for the methyl bromide
transition program, $3,500,000; payments for the organic
transition program, $2,111,000; payments for the
international science and education grants program under 7
U.S.C. 3291, to remain available until expended, $497,000;
payments for the critical issues program under 7 U.S.C.
450i(c): Provided, That of the funds made available under
this heading, $497,000 shall be for payments for the critical
issues program under 7 U.S.C. 450i(c) and $1,503,000 shall be
for payments for the regional rural development centers
program under 7 U.S.C. 450i(c).

Outreach for Socially Disadvantaged Farmers

For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $3,470,000, to remain available until expended.

Office of the Under Secretary for Marketing and Regulatory Programs

For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress
for the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $736,000.

[[Page S14054]]

Animal and Plant Health Inspection Service

Salaries and Expenses

(including transfers of funds)

For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $705,552,000, of which $4,112,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$51,720,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones: Provided, That no funds shall be
used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for
replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2004, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.

Buildings and Facilities

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $4,996,000, to remain available until expended.

Agricultural Marketing Service

Marketing Services

For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, $75,263,000, including funds for the wholesale market
development program for the design and development of
wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).

limitation on administrative expenses

Not to exceed $62,577,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.

Funds for Strengthening Markets, Income, and Supply (Section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $15,392,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.

Payments to States and Possessions

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $3,338,000, of which not less
than $2,000,000 shall be used to make noncompetitive grants
under this heading.

Grain Inspection, Packers and Stockyards Administration

Salaries and Expenses

For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, $35,638,000: Provided,
That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.

Limitation on Inspection and Weighing Services Expenses

Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws
enacted by the Congress for the Food Safety and Inspection
Service, $611,000.

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $783,761,000, of which no
less than $701,103,000 shall be available for Federal food
safety inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of
laboratory accreditation as authorized by section 1327 of the
Food, Agriculture, Conservation and Trade Act of 1990 (7
U.S.C. 138f): Provided, That no fewer than 50 full time
equivalent positions above the fiscal year 2002 level shall
be employed during fiscal year 2004 for purposes dedicated
solely to inspections and enforcement related to the Humane
Methods of Slaughter Act: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural
Services

For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $635,000.

Farm Service Agency

Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service Agency, $988,768,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account.

State Mediation Grants

For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,974,000.

Dairy Indemnity Program

(including transfer of funds)

For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain
available until expended: Provided, That such program is
carried out by the Secretary in the same manner as the dairy
indemnity program described in Public Law 106-387 (114 Stat.
1549A-12).

Agricultural Credit Insurance Fund Program Account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,079,158,000, of which $950,000,000 shall be for guaranteed
loans and $129,158,000 shall be for direct loans; operating
loans, $2,067,317,000, of which $1,200,000,000 shall be for
unsubsidized guaranteed loans, $266,249,000 shall be for
subsidized guaranteed loans and $601,068,000 shall be for
direct loans; Indian tribe land acquisition loans,
$2,000,000; and for boll weevil eradication program loans,
$100,000,000: Provided, That the Secretary shall deem the

[[Page S14055]]

pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $33,648,000, of which $5,130,000 shall be for
guaranteed loans, and $28,518,000 shall be for direct loans;
operating loans, $160,634,000, of which $39,960,000 shall be
for unsubsidized guaranteed loans, $34,000,000 shall be for
subsidized guaranteed loans, and $86,674,000 shall be for
direct loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $290,968,000, of
which $283,020,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on
Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.

Risk Management Agency

For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $71,422,000: Provided, That not
to exceed $1,000 shall be available for official reception
and representation expenses, as authorized by 7 U.S.C.
1506(i).

CORPORATIONS

The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).

hazardous waste management

(limitation on expenses)

For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$761,000.

Natural Resources Conservation Service

Conservation Operations

For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $826,635,000, to remain available
until expended, of which not less than $9,500,000 is for snow
survey and water forecasting, and not less than $11,269,000
is for operation and establishment of the plant materials
centers, and of which not less than $23,500,000 shall be for
the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that
the cost of alterations and improvements to other buildings
and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the
technical planning work of the Service: Provided further,
That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide
technical assistance with respect to programs listed in
section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).

Watershed Surveys and Planning

For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1009), $10,000,000: Provided, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service: Provided further, That none of the funds made
available under this paragraph by this or any other
appropriations Act may be used to provide technical
assistance with respect to programs listed in section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)).

Watershed and Flood Prevention Operations

For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $55,000,000, to remain
available until expended (of which up to $5,000,000 may be
available for the watersheds authorized under the Flood
Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided,
That not to exceed $20,000,000 of this appropriation shall be
available for technical assistance: Provided further, That
not to exceed $1,000,000 of this appropriation is available
to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as
contemplated by that Act to relocate endangered or threatened
species to other suitable habitats as may be necessary to
expedite project construction: Provided further, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service: Provided further, That none of the funds made
available under this paragraph by this or any other
appropriations Act may be used to provide technical
assistance with respect to programs listed in section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)).

Watershed Rehabilitation Program

For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $29,805,000, to remain
available until expended: Provided, That qualified local
engineers may be temporarily employed at per diem rates to
perform the technical planning work of the Service: Provided
further, That none of the funds made available under this
paragraph by this or any other appropriations Act may be used
to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985
(16 U.S.C. 3841(a)).

Resource Conservation and Development

For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and
32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011;
76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f);
and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $51,000,000, to remain available
until expended.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service of the Department of Agriculture,
$651,000.

Rural Community Advancement Program

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and
1932, except for sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act, $769,479,000, to remain
available until expended, of which $79,838,000 shall be for
rural community programs described in section 381E(d)(1) of
such Act; of which $610,641,000 shall be for the rural
utilities programs described in sections 381E(d)(2),
306C(a)(2), and 306D of such Act; and of which $79,000,000
shall be for the rural business and cooperative development
programs described in sections 381E(d)(3) and 310B(f) of such
Act: Provided, That of the amount appropriated for rural
business and cooperative development programs, $100,000 shall
be for a pilot program in the State of Alaska to assist
communities with community planning: Provided

[[Page S14056]]

further, That of the total amount appropriated in this
account, $24,000,000 shall be for loans and grants to benefit
Federally Recognized Native American Tribes, including grants
for drinking water and waste disposal systems pursuant to
section 306C of such Act, of which $4,000,000 shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of the Consolidated Farm
and Rural Development Act, and of which $250,000 shall be
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
of the amount appropriated for rural community programs,
$6,000,000 shall be available for a Rural Community
Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other
sources, including Federal funds for related activities, in
an amount not less than funds provided: Provided further,
That of the amount appropriated for the rural business and
cooperative development programs, not to exceed $500,000
shall be made available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development;
$2,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 1921 et seq.); and not less than
$5,000,000 shall be available for grants in accordance with
section 310B(f) of the Consolidated Farm and Rural
Development Act: Provided further, That of the amount
appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to
benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to
exceed $30,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 1 percent available to
administer the program and up to 1 percent available to
improve interagency coordination may be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses'', of which 25 percent shall be
provided for water and sewer projects in regional hubs and
$100,000 shall be provided to develop a regional system for
centralized billing, operation, and management of rural water
and sewer utilities through regional cooperatives, and the
State of Alaska shall provide a 25 percent cost share; not to
exceed $18,000,000 shall be for technical assistance grants
for rural water and waste systems pursuant to section
306(a)(14) of such Act, of which $5,513,000 shall be for
Rural Community Assistance Programs; and not to exceed
$13,000,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That of the amount appropriated for the circuit
rider program, Alaska shall receive no less than five percent
and not less than $750,000 shall be for contracting with
qualified national organizations to establish a Native
American circuit rider program to provide technical
assistance for rural water systems: Provided further, That
not less than $2,000,000 shall be available to carry out
Section 6012 of Public Law 107-171: Provided further, That of
the total amount appropriated, not to exceed $22,132,000
shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones; of which $1,000,000 shall be for the
rural community programs described in section 381E(d)(1) of
such Act, of which $12,582,000 shall be for the rural
utilities programs described in section 381E(d)(2) of such
Act, and of which $8,550,000 shall be for the rural business
and cooperative development programs described in section
381E(d)(3) of such Act: Provided further, That of the amount
appropriated for rural community programs, not to exceed
$25,000,000 shall be to provide grants for facilities in
rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural
development offices: Provided further, That of the amount
appropriated, $30,000,000 shall be transferred to and merged
with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of
the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That of the amount made available for high
energy cost grants, up to $3,000,000 shall be available to a
not-for-profit consumer-owned cooperative utility provider
serving an island community in a non-contiguous State for the
purpose of defraying transaction, transition, organizational,
and other fair and reasonable costs, as determined by the
Secretary, incurred during the period July 1, 1999 through
December 31, 2002, and directly related to the successful
acquisition by such provider of the investor-owned electric
utility facilities (including generation, transmission,
distribution, and other related assets) formerly serving
ratepayers on the island: Provided further, That any prior
year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
901(19)) shall be transferred to and merged with the ``Rural
Utilities Service, High Energy Costs Grants'' account.

Rural Development Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $140,922,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional campaigns, including souvenirs,
that support activities conducted by agencies of the Rural
Development mission area: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.

Rural Housing Service

Rural Housing Insurance Fund Program Account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $4,084,589,000 for loans to
section 502 borrowers, as determined by the Secretary, of
which $1,359,417,000 shall be for direct loans, and of which
$2,725,172,000 shall be for unsubsidized guaranteed loans;
$35,004,000 for section 504 housing repair loans;
$115,052,000 for section 515 rental housing; $100,000,000 for
section 538 guaranteed multi-family housing loans; $5,045,000
for section 524 site loans; $11,500,000 for credit sales of
acquired property, of which up to $1,500,000 may be for
multi-family credit sales; and $1,623,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $165,921,000, of which $126,018,000 shall be for
direct loans, and of which $39,903,000, to remain available
until expended, shall be for unsubsidized guaranteed loans;
section 504 housing repair loans, $9,612,000; section 515
rental housing, $49,484,000; section 538 multi-family housing
guaranteed loans, $5,950,000; multi-family credit sales of
acquired property, $663,000; and section 523 self-help
housing land development loans, $50,000: Provided, That of
the total amount appropriated in this paragraph, $7,100,000
shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $439,453,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.

Rental Assistance Program

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $721,281,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, not more than $5,900,000 shall be available for
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to
exceed $20,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant
to section 502(c)(5)(C) of the Act: Provided further, That
agreements entered into or renewed during the current fiscal
year shall be funded for a 5-year period, although the life
of any such agreement may be extended to fully utilize
amounts obligated.

Mutual and Self-Help Housing Grants

For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through
June 30, 2004, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones.

Rural Housing Assistance Grants

For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and

[[Page S14057]]

1490m, $46,222,000, to remain available until expended, of
which $5,000,000 shall be available for a processing and/or
fishery workers housing demonstration project in Alaska,
Mississippi, and Wisconsin: Provided, That of the total
amount appropriated, $1,800,000 shall be available through
June 30, 2004, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones.

Farm Labor Program Account

For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $33,015,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.

Rural Business--Cooperative Service

Rural Development Loan Fund Program Account

(including transfer of funds)

For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$40,000,000.
For the cost of direct loans, $17,308,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2004, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2004, for
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total
amount appropriated, $2,447,000 shall be available through
June 30, 2004, for the cost of direct loans for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,283,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.

Rural Economic Development Loans Program Account

(including rescission of funds)

For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $15,002,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, $2,792,000.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section
313 of the Rural Electrification Act of 1936, $3,000,000
shall not be obligated and $3,000,000 are rescinded.

Rural Cooperative Development Grants

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $8,967,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,500,000 of the total amount
appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to
provide assistance to small, minority producers and whose
governing board and/or membership is comprised of at least 75
percent minority.

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $14,370,000, to
remain available until expended, for designated rural
empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277): Provided, That of the funds
appropriated, $1,000,000 shall be made available to third
round empowerment zones, as authorized by the Community
Renewal Tax Relief Act (Public Law 106-554).

RENEWABLE ENERGY PROGRAM

For the cost of a program of direct loans and grants, under
the same terms and conditions as authorized by section 9006
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8106), $23,000,000 for direct renewable energy loans
and grants: Provided, That the cost of direct loans and loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974.

Rural Utilities Service

Rural Electrification and Telecommunications Loans Program Account

(including transfer of funds)

Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$240,000,000; municipal rate rural electric loans,
$1,000,000,000; loans made pursuant to section 306 of that
Act, rural electric, $2,000,000,000; Treasury rate direct
electric loans, $750,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; loans made pursuant
to section 306 of that Act, rural telecommunications loans,
$120,000,000; and for guaranteed underwriting loans pursuant
to section 313A, $1,000,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $60,000, and the cost of telecommunication loans,
$125,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $37,920,000
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.

Rural Telephone Bank Program Account

(including transfer of funds)

The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2004 and within the resources
and authority available, gross obligations for the principal
amount of direct loans shall be $173,503,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,182,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.

Distance Learning, Telemedicine, and Broadband Program

For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal
amount of broadband telecommunications loans, $335,963,000,
in areas that meet the definition of ``rural area'' used for
the Distance Learning and Telemedicine Program authorized by
7 U.S.C. 950aaa.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$40,000,000, to remain available until expended: Provided,
That $15,000,000 shall be made available to convert analog to
digital operation those noncommercial educational television
broadcast stations that serve rural areas and are qualified
for Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act
of 1934, including associated translators, repeaters, and
studio-to-transmitter links.
For the cost of direct and guaranteed broadband loans, as
authorized by 7 U.S.C. 901, et seq., $9,116,000: Provided,
That the cost of direct loans shall be as defined in section
502 of the Congressional Budget Act of 1974.
In addition, $10,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in areas that meet the definition of ``rural
area'' used for the Broadband Loan Program authorized by 7
U.S.C. 901.

TITLE IV

DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $611,000.

Food and Nutrition Service

Child Nutrition Programs

(including transfer of funds)

For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $11,418,441,000, to remain
available through September 30, 2005, of which $6,718,780,000
is hereby appropriated and $4,699,661,000 shall be derived by
transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the
funds made available under this heading shall be used for
studies and evaluations: Provided further, That up to
$5,235,000 shall be available for independent verification of
school food service claims.

Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)

For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,639,232,000, to remain available through September 30,
2005, of which $10,000,000 shall be for a breastfeeding
support initiative in addition to the activities specified in
section 17(h)(3)(A) and $30,000,000 shall be for a management
information system initiative: Provided, That of the total
amount available, the Secretary shall obligate $25,000,000
for the farmers' market nutrition program: Provided further,
That notwithstanding section 17(h)(10)(A) of such Act,
$14,000,000 shall be available for the purposes specified in
section 17(h)(10)(B): Provided further, That notwithstanding
section 17(g)(5) of such Act, $5,000,000 shall be available
for pilot projects to prevent childhood obesity: Provided
further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting
smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this
account shall be available for

[[Page S14058]]

the purchase of infant formula except in accordance with the
cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of
such Act.

Food Stamp Program

For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $27,745,981,000, of which
$2,000,000,000 shall be placed in reserve for use only in
such amounts and at such times as may become necessary to
carry out program operations: Provided, That none of the
funds made available under this heading shall be used for
studies and evaluations: Provided further, That of the funds
made available under this heading and not already
appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the
Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed
$4,000,000 shall be used to purchase bison meat for the FDPIR
from Native American bison producers as well as from
producer-owned cooperatives of bison ranchers: Provided
further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available until expended, as authorized by section 16(h)(1)
of the Food Stamp Act.

Commodity Assistance Program

For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; and special assistance for the nuclear affected
islands, as authorized by Section 103(h)(2) of the Compacts
of Free Association Act of 1985, $145,740,000, to remain
available through September 30, 2005: Provided, That none of
these funds shall be available to reimburse the Commodity
Credit Corporation for commodities donated to the program.

nutrition programs administration

For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$138,304,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution
of fraud and other violations of law; and of which not less
than $4,000,000 shall be available to improve integrity in
the Food Stamp and Child Nutrition programs.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

Salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of
1954 (7 U.S.C. 1761-1769), market development activities
abroad, and for enabling the Secretary to coordinate and
integrate activities of the Department in connection with
foreign agricultural work, including not to exceed $158,000
for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$131,648,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed
pursuant to the agricultural food production assistance
programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.

Public Law 480 Title I Program Account

(including transfers of funds)

For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954,
and the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $103,887,000,
to remain available until expended.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food
for Progress Act of 1985, to the extent funds appropriated
for Public Law 83-480 are utilized, $2,134,000, of which
$1,075,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $1,059,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.

Public Law 480 Title I Ocean Freight Differential Grants

(including transfer of funds)

For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the
Food for Progress Act of 1985, $28,000,000, to remain
available until expended: Provided, That funds made available
for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I
ocean freight differential may be used interchangeably
between the two accounts with prior notice to the Committees
on Appropriations of both Houses of Congress.

Public Law 480 Title II Grants

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $1,192,000,000, to remain available until expended.

Mc GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS

For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $25,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.

Commodity Credit Corporation Export Loans Program Account

(including transfers of funds)

For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $4,152,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,306,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $846,000 may
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Salaries and Expenses

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; and for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,663,228,000, of which
not to exceed $249,825,000 to be derived from prescription
drug user fees authorized by 21 U.S.C. 379h, including any
such fees assessed prior to the current fiscal year but
credited during the current year, in accordance with section
736(g)(4), shall be credited to this appropriation and remain
available until expended; and of which not to exceed
$29,190,000 to be derived from medical device user fees
authorized by 21 U.S.C. 379j shall be credited to this
appropriation, to remain available until expended: Provided,
That fees derived from applications received during fiscal
year 2004 shall be subject to the fiscal year 2004
limitation: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user
fees authorized by 31 U.S.C. 9701: Provided further, That of
the total amount appropriated: (1) $412,020,000 shall be for
the Center for Food Safety and Applied Nutrition and related
field activities in the Office of Regulatory Affairs; (2)
$475,655,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs, of which no less than $13,270,000 shall
be available for grants and contracts awarded under section 5
of the Orphan Drug Act (21 U.S.C. 360ee); (3) $168,836,000
shall be for the Center for Biologics Evaluation and Research
and for related field activities in the Office of Regulatory
Affairs; (4) $84,646,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $207,686,000 shall be for
the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $39,887,000 shall be for the National Center for
Toxicological Research; (7) $40,851,000 shall be for Rent and
Related activities, other than the amounts paid to the
General Services Administration for rent; (8) $119,152,000
shall be for payments to the General Services Administration
for rent; and (9) $114,495,000 shall be for other activities,
including the Office of the Commissioner; the Office of
Management and Systems; the Office of External Relations; the
Office of Policy, Legislation, and Planning; and central
services for these offices: Provided further, That funds may
be transferred from one specified activity to another with
the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available
until expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited

[[Page S14059]]

to this account, to remain available until expended.

Buildings and Facilities

For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $7,948,000, to remain available until
expended.

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $90,435,000, including not to exceed
$3,000 for official reception and representation expenses.

Farm Credit Administration

Limitation on Administrative Expenses

Not to exceed $40,900,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.

TITLE VII--GENERAL PROVISIONS

Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 398 passenger
motor vehicles, of which 396 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without the prior
approval of the Committees on Appropriations of both Houses
of Congress.
Sec. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, and up to 25
percent of the screwworm program; Food Safety and Inspection
Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)),
funds for the Research, Education and Economics Information
System (REEIS), and funds for the Native American
Institutions Endowment Fund; Farm Service Agency, salaries
and expenses funds made available to county committees;
Foreign Agricultural Service, middle-income country training
program and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall
be available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28,
1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such
space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive
agricultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 19 percent of total Federal
funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education,
and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section
9 of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Telephone Bank program account, the Rural
Electrification and Telecommunications Loans program account,
the Rural Housing Insurance Fund program account, and the
Rural Economic Development Loans program account.
Sec. 713. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount
within the accounting records of the Rural Telephone Bank the
creation of which has not specifically been authorized by
statute: Provided, That notwithstanding any other provision
of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury
or to the Federal Financing Bank any unobligated balance of
the Rural Telephone Bank telephone liquidating account which
is in excess of current requirements and such balance shall
receive interest as set forth for financial accounts in
section 505(c) of the Federal Credit Reform Act of 1990.
Sec. 714. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 715. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 716. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment.
Sec. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 718. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without the prior
approval of the Committees on Appropriations of both Houses
of Congress.
Sec. 719. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000

[[Page S14060]]

or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing
a program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds
appropriated or otherwise made available by this or any other
Act may be used to pay the salaries and expenses of personnel
to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems
(7 U.S.C. 7621).
Sec. 721. None of the funds made available to the Food and
Drug Administration by this Act shall be used to reduce the
Detroit, Michigan, Food and Drug Administration District
Office below the operating and full-time equivalent staffing
level of July 31, 1999; or to change the Detroit District
Office to a station, residence post or similarly modified
office; or to reassign residence posts assigned to the
Detroit District Office: Provided, That this section shall
not apply to Food and Drug Administration field laboratory
facilities or operations currently located in Detroit,
Michigan, except that field laboratory personnel shall be
assigned to locations in the general vicinity of Detroit,
Michigan, pursuant to cooperative agreements between the Food
and Drug Administration and other laboratory facilities
associated with the State of Michigan.
Sec. 722. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2005
appropriations Act.
Sec. 723. None of the funds made available by this Act or
any other Act may be used to close or relocate a State Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 724. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities; and
(B) households in the communities, particularly individuals
caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities,
particularly individuals caring for orphaned children.
Sec. 725. In addition to amounts otherwise appropriated or
made available by this Act, $2,981,000 is appropriated for
the purpose of providing Bill Emerson and Mickey Leland
Hunger Fellowships through the Congressional Hunger Center.
Sec. 726. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such
Act as of the date of enactment of this Act, and any
recoveries and reimbursements that become available to carry
out title III of such Act, may be used to carry out title II
of such Act.
Sec. 727. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,499,000'' and inserting ``$26,998,000''.
Sec. 728. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 729. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 730. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 731. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance through the Watershed and
Flood Prevention Operations program to carry out the Upper
Tygart Valley Watershed project, West Virginia: Provided,
That the Natural Resources Conservation Service is authorized
to provide 100 percent of the engineering assistance and 75
percent cost share for installation of the water supply
component of this project.
Sec. 732. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices
in the resolution of complaints by employees or applicants
for employment, and in cases and other matters pending before
the Equal Employment Opportunity Commission, the Federal
Labor Relations Authority, or the Merit Systems Protection
Board with the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 733. None of the funds appropriated or made available
by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out section 14(h)(1) of
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 734. None of the funds appropriated or made available
by this Act, or any other Act, may be used to pay the
salaries and expenses of personnel to carry out subtitle I of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009dd through dd-7).
Sec. 735. None of the funds appropriated or made available
by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out section 6405 of Public
Law 107-171 (7 U.S.C. 2655).
Sec. 736. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou and Ditch 26
Improvement projects in Arkansas, the Matanuska River erosion
control project in Alaska, the DuPage County Sawmill Creek
Watershed project in Illinois, and the Coal Creek project in
Utah.
Sec. 737. None of the funds made available in fiscal year
2004 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be
used to reimburse the Commodity Credit Corporation for the
release of eligible commodities under section 302(f)(2)(A) of
the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):
Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to
section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian
Trust Act.
Sec. 738. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from
appropriated funds financial and technical assistance to the
Dry Creek project, Utah.
Sec. 739. The Secretary of Agriculture is authorized to
permit employees of the United States Department of
Agriculture to carry and use firearms for personal protection
while conducting field work in remote locations in the
performance of their official duties.
Sec. 740. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to carry out the provisions of sections
7404(a)(1) and 7404(c)(1) of Public Law 107-171.
Sec. 741. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 742. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to enroll in excess of
189,144 acres in the calendar year 2004 wetlands reserve
program as authorized by 16 U.S.C. 3837.
Sec. 743. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that Act,
the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not to
exceed an average of 30 basis points per year for the term of
the loan, to ensure that sufficient funds are available to
pay the subsidy costs for note guarantees under that section.
Sec. 744. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a ground
and surface water conservation program authorized by section
2301 of Public

[[Page S14061]]

Law 107-171, the Farm Security and Rural Investment Act of
2002, in excess of $51,000,000.
Sec. 745. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to carry out section
2502 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002, in excess of $42,000,000.
Sec. 746. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to carry out section
2503 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002, in excess of $112,044,000.
Sec. 747. There is hereby appropriated $3,000,000 to carry
out section 6028 of Public Law 107-171, the Farm Security and
Rural Investment Act of 2002: Provided, That notwithstanding
section 383B(g)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share
of the administrative expenses of the Northern Great Plains
Regional Authority for fiscal year 2004 shall be 100 percent.
Sec. 748. None of the funds appropriated or made available
by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out section 6029 of Public
Law 107-171, the Farm Security and Rural Investment Act of
2002: Provided, That this section shall not apply to
activities related to the promulgation of regulations or the
receipt and review of applications for the Rural Business
Investment Program.
Sec. 749. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to carry out section
6103 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002.
Sec. 750. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay
the salaries and expenses of personnel to carry out section
9006 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002.
Sec. 751. Agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to
cover the costs of preparing, or contracting for the
preparation of, final agency decisions regarding complaints
of discrimination in employment or program activities arising
within such agencies and offices.
Sec. 752. Notwithstanding any other provision of law, for
any fiscal year, in the case of a high cost isolated rural
area that is not connected to a road system in Alaska, the
maximum level for the single family housing assistance shall
be 150 percent of the average income level in the
metropolitan areas of the State and 115 percent of all other
eligible areas of the State.
Sec. 753. Any unobligated balances in the Alternative
Agricultural Research and Commercialization Revolving Fund
are hereby rescinded.
Sec. 754. There is hereby appropriated $2,000,000, to
remain available until expended, for the Denali Commission to
address deficiencies in solid waste disposal sites which
threaten to contaminate rural drinking water supplies.
Sec. 755. Notwithstanding any other provision of law, the
Secretary shall consider the City of Vicksburg, Mississippi;
the City of Aberdeen, South Dakota; and the City of
Starkville, Mississippi as meeting the requirements of a
rural area contained in section 520 of the Housing Act of
1949 (42 U.S.C. 1490) until receipt of the decennial Census
for the year 2010.
Sec. 756. Notwithstanding any other provision of law, the
Secretary shall consider the City of Berlin, New Hampshire,
to be eligible for loans and grants provided through the
Rural Community Advancement Program until receipt of the
decennial Census in the year 2010.
Sec. 757. None of the funds made available in this Act or
any other Act may be used to study or enter into a contract
with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating
to rural development or farm loan programs, animal disease
research, or grant review or management activities.
Sec. 758. Section 501(b)(5)(B) of the Housing Act of 1949
(42 U.S.C. 1471(b)(5)(B) is amended by striking ``for fiscal
years 2002 and 2003,''.
Sec. 759. Agricultural Management Assistance. Section
524(b)(1) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)(1)) is amended--
(1) by striking ``financial assistance to producers in''
and inserting ``grants to''; and
(2) by inserting before the period at the end the
following: ``which shall use the grants to provide financial
assistance to producers for uses described in paragraph
(2)''.
Sec. 760. Travel Relating to Commercial Sales of
Agricultural and Medical Goods. Section 910(a) of the Trade
Sanctions Reform And Export Enhancement Act of 2000 (22
U.S.C. 7209(a)) is amended to read as follows:
``(a) Authorization of Travel Relating to Commercial Sales
of Agricultural and Medical Goods.--The Secretary of the
Treasury shall promulgate regulations under which the travel-
related transactions listed in paragraph (c) of section
515.560 of title 31, Code of Federal Regulations, are
authorized by general license for travel to, from, or within
Cuba for the purpose of conferring, exhibiting, marketing,
planning, sales negotiation, delivery, expediting,
facilitating, or servicing commercial export sale of
agricultural and medical goods pursuant to the provisions of
this title.''.
This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2004''.
______

SA 2073. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 47, line 13, insert a period after ``$335,963,000''
and striker the remainder of the sentence, and on page 48,
lines 7 through 9, strike all after ``transmission in'' and
insert in lieu thereof the following: ``rural areas eligible
for Distance Learning and Telemedicine Program benefits
authorized by 7 U.S.C. 950aaa.''.
______

SA 2074. Mr. DASCHLE (for himself and Mr. Frist) submitted an
amendment intended to be proposed by him to the bill H.R. 2673, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 7__. SUN GRANT RESEARCH INITIATIVE.

(a) Short Title.--This section may be cited as the ``Sun
Grant Research Initiative Act of 2003''.
(b) Research, Extension, and Educational Programs on
Biobased Energy Technologies and Products.--Title IX of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101
et seq.) is amended by adding at the end the following:

``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON
BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

``(a) Purposes.--The purposes of the programs established
under this section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased
energy technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United
States through biobased energy and product technologies;
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies; and
``(4) to enhance the efficiency of bioenergy and biomass
research and development programs through improved
coordination and collaboration between the Department of
Agriculture, the Department of Energy, and the land-grant
colleges and universities.
``(b) Definitions.--In this section:
``(1) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of that
Act) and West Virginia State College; and
``(C) 1994 Institutions (as defined in section 2 of that
Act).
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Establishment.--To carry out the purposes described
in subsection (a), the Secretary shall establish programs
under which--
``(1) the Secretary shall provide grants to sun grant
centers specified in subsection (d); and
``(2) the sun grant centers shall use the grants in
accordance with this section.
``(d) Grants to Centers.--The Secretary shall use amounts
made available for a fiscal year under subsection (j) to
provide a grants in equal amounts to each of the following
sun grant centers:
``(1) North-central center.--A north-central sun grant
center at South Dakota State University for the region
composed of the States of Illinois, Indiana, Iowa, Minnesota,
Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and
Wyoming.
``(2) Southeastern center.--A southeastern sun grant center
at the University of Tennessee at Knoxville for the region
composed of--
``(A) the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee, and
Virginia;
``(B) the Commonwealth of Puerto Rico; and
``(C) the United States Virgin Islands.
``(3) South-central center.--A south-central sun grant
center at Oklahoma State University for the region composed
of the States of Arkansas, Colorado, Kansas, Louisiana,
Missouri, New Mexico, Oklahoma, and Texas.
``(4) Western center.--A western sun grant center at Oregon
State University for the region composed of--
``(A) the States of Alaska, Arizona, California, Hawaii,
Idaho, Nevada, Oregon, Utah, and Washington; and
``(B) territories and possessions of the United States
(other than the territories referred to in subparagraphs (B)
and (C) of paragraph (2)).

[[Page S14062]]

``(5) Northeastern center.--A northeastern sun grant center
at Cornell University for the region composed of the States
of Connecticut, Delaware, Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
``(e) Use of Funds.--
``(1) Centers of excellence.--Of the amount of funds that
are made available for a fiscal year to a sun grant center
under subsection (d), the center shall use not more than 25
percent of the amount for administration to support
excellence in science, engineering, and economics at the
center to promote the purposes described in subsection (a)
through the State agricultural experiment station,
cooperative extension services, and relevant educational
programs of the university.
``(2) Grants to land-grant colleges and universities.--
``(A) In general.--The sun grant center established for a
region shall use the funds that remain available for a fiscal
year after expenditures made under paragraph (1) to provide
competitive grants to land-grant colleges and universities in
the region of the sun grant center to conduct, consistent
with the purposes described in subsection (a),
multiinstitutional and multistate--
``(i) research, extension, and educational programs on
technology development; and
``(ii) integrated research, extension, and educational
programs on technology implementation.
``(B) Programs.--Of the amount of funds that are used to
provide grants for a fiscal year under subparagraph (A), the
center shall use--
``(i) not less than 30 percent of the funds to carry out
programs described in subparagraph (A)(i); and
``(ii) not less than 30 percent of the funds to carry out
programs described in subparagraph (A)(ii).
``(3) Indirect costs.--A sun grant center may not recover
the indirect costs of making grants under paragraph (2) to
other land-grant colleges and universities.
``(f) Plan.--
``(1) In general.--Subject to the availability of funds
under subsection (j), in cooperation with other land-grant
colleges and universities and private industry in accordance
with paragraph (2), the sun grant centers shall jointly
develop and submit to the Secretary, for approval, a plan for
addressing at the State and regional levels the bioenergy,
biomass, and gasification research priorities of the
Department of Agriculture and the Department of Energy for
the making of grants under paragraphs (1) and (2) of
subsection (e).
``(2) Gasification coordination.--
``(A) In general.--In developing the plan under paragraph
(1) with respect to gasification research, the sun grant
centers identified in paragraphs (1) and (2) of subsection
(d) shall coordinate with land grant colleges and
universities in their respective regions that have ongoing
research activities with respect to the research.
``(B) Funding.--Funds made available under subsection (d)
to the sun grant center identified in subsection (e)(2) shall
be available to carry out planning coordination under
paragraph (1) of this subsection.
``(g) Grants to Other Land-Grant Colleges and
Universities.--
``(1) Priority for grants.--In making grants under
subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan
approved by the Secretary under subsection (f).
``(2) Term of grants.--The term of a grant provided by a
sun grant center under subsection (e)(2) shall not exceed 5
years.
``(h) Grant Information Analysis Center.--The sun grant
centers shall maintain a Sun Grant Information Analysis
Center at the sun grant center specified in subsection (d)(1)
to provide sun grant centers analysis and data management
support.
``(i) Annual Reports.--Not later than 90 days after the end
of a year for which a sun grant center receives a grant under
subsection (d), the sun grant center shall submit to the
Secretary a report that describes the policies, priorities,
and operations of the program carried out by the center
during the year, including a description of progress made in
facilitating the priorities described in subsection (f).
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $25,000,000 for fiscal year 2005;
``(B) $50,000,000 for fiscal year 2006; and
``(C) $75,000,000 for each of fiscal years 2007 through
2010.
``(2) Grant inforamtion analysis center.--Of amounts made
available under paragraph (1), not more than $4,000,000 for
each fiscal year shall be made available to carry out
subsection (h).''.
______

SA 2075. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the bill H.R. 2673, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

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

Historic Barn Preservation Program

For the historic barn preservation program established
under section 379A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008o), $2,000,000.
On page 58, line 19, strike ``$90,435,000'' and insert
``$88,435,000''.
______

SA 2076. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the bill H.R. 2673, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

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

Historic Barn Preservation Program

For the Vermont Division for Historic Preservation, to
carry out activities under the historic barn preservation
program established under section 379A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008o), $500,000.
On page 58, line 19, strike ``$90,435,000'' and insert
``$899,350,000''.
______

SA 2077. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 7__. PEST INFESTATION OF HASS AVOCADOS.

None of the funds appropriated or otherwise made available
by this Act shall be used--
(1) to carry out any provision of law (including rules and
regulations) relating to the expansion of imports of Mexican
avocados until a scientific study by qualified independent
researchers for a continuous 12-month period is completed on
the susceptibility of Hass avocados to pest infestation as a
result of the expansion of Mexican avocado imports; or
(2) to take any action that would expand imports into
avocado-producing States as long as avocado-specific
quarantine pests continue to be found in Michoacan, Mexico.
______

SA 2078. Mr. DASCHLE (for himself, Mr. Enzi, Mr. Thomas, Mr. Johnson,
Mr. Harkin, Mr. Grassley, Mr. Burns, Mr. Bingaman, Mr. Baucus, Mr.
Dorgan, Mr. Conrad, and Mr. Kerry) submitted an amendment intended to
be proposed by him to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. __. SENSE OF SENATE REGARDING COUNTRY OF ORIGIN LABELING
REQUIREMENTS.

It is the sense of the Senate that the conferees on the
part of the Senate on this bill shall insist that no limits
on the use of funds to enforce country of origin labeling
requirements for meat or meat products be included in the
conference report accompanying the bill.
______

SA 2079. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; which
was ordered to lie on the table; as follows:

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

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

None of the funds appropriated or otherwise made available
by this Act shall be used to implement or enforce subtitle D
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et
seq.) with respect to a covered commodity described in clause
(i) or (ii) of section 281(2)(A) of that Act (7 U.S.C.
1638(2)(A)).
______

SA 2080. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill H.R. 2673, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

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

SEC. 7__. LIMITATION ON ALLOCATION OF PURCHASE PRICES FOR
BUTTER AND NONFAT DRY MILK.

None of the funds made available by this Act may be used to
pay the salaries or expenses of employees of the Department
of Agriculture to allocate the rate of price support between
the purchase prices for nonfat dry milk and butter in a
manner does not support the price of milk in accordance with
section 1501(b) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7981(b)).

[[Page S14063]]

______

SA 2081. Mr. GRAHAM of Florida (for himself and Mr. Nelson of
Florida) submitted an amendment intended to be proposed by him to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

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

SEC. 7__. CITRUS CANKER ASSISTANCE.

Section 211 of the Agricultural Assistance Act of 2003 (117
Stat. 545) is amended--
(1) in the section heading, by inserting ``TREE REPLACEMENT
AND'' after ``FOR''; and
(2) in subsection (a), by inserting ``tree replacement
and'' after ``Florida for''.
______

SA 2082. Mr. NELSON of Florida (for himself and Mr. Graham of
Florida) submitted an amendment intended to be proposed by him to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

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

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

The Secretary of Agriculture shall use not more than
$15,000,000 of the funds of the Commodity Credit Corporation
to compensate commercial citrus and lime growers in the State
of Florida for lost income and tree replacement with respect
to trees removed to control citrus canker, to remain
available until expended.
______

SA 2083. Mrs. FEINSTEIN (for herself, Mr. Lugar, Mr. Levin, Mr.
Harkin, Ms. Cantwell, Mrs. Boxer, Mr. Leahy, Mr. Wyden, Mr. Durbin, and
Mr. Hollings) proposed an amendment to the bill H.R. 2673, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE __--TRANSPARENCY IN WHOLESALE ELECTRICITY MARKETS

SEC. __01. MARKET TRANSPARENCY.

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

``SEC. 215. MARKET TRANSPARENCY.

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

SEC. __02. ROUND TRIP TRADING.

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

``SEC. 216. ROUND TRIP TRADING.

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

SEC. __03. ENFORCEMENT.

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

SEC. __04. REFUND EFFECTIVE DATE.

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

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

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

TITLE __--MARKET MANIPULATION

SEC. __01. PROHIBITION OF MARKET MANIPULATION.

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

[[Page S14064]]

``SEC. 217. PROHIBITION OF MARKET MANIPULATION.

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

TITLE __--ENERGY MARKET OVERSIGHT

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

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

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

``(ii) Transactions exempted by commission action.--
Notwithstanding any exemption by the Commission under section
4(c), an included energy transaction shall be subject to the
sections specified in clause (i) of this subparagraph,
subparagraph (C), and subsection (h)(7).
``(C) Reporting and recordkeeping requirements.--
``(i) In general.--An eligible contract participant that
enters into or executes an included energy transaction that
performs, or together with other such transactions performs,
a significant price discovery function in the cash market for
an energy commodity or in any other market for agreements,
contracts, or transactions relating to an energy commodity,
or an eligible commercial entity that enters into or executes
an included energy transaction described in section 1a(34)(A)
shall--

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

``(ii) Required information.--

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

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

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

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

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

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

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

SEC. __02. ELECTRONIC TRADING FACILITIES FOR ENERGY
COMMODITIES.

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

[[Page S14065]]

``(B) prohibit the commercial sale or licensing of real-
time proprietary information; or
``(C) publicly disclose information regarding market
positions, business transactions, trade secrets, or names of
customers, except as provided in section 8.''.

SEC. __03. NO EFFECT ON OTHER AUTHORITY.

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

SEC. __04. PROHIBITION OF FRAUDULENT TRANSACTIONS.

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

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

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

SEC. __05. CRIMINAL AND CIVIL PENALTIES.

(a) Enforcement Powers of Commission.--Section 6(c) of the
Commodity Exchange Act (7 U.S.C. 9, 15) is amended in
paragraph (3) of the tenth sentence--
(1) by inserting ``(A)'' after ``assess such person''; and
(2) by inserting after ``each such violation'' the
following: ``, or (B) in any case of manipulation of, or
attempt to manipulate, the price of any commodity, a civil
penalty of not more than the greater of $1,000,000 or triple
the monetary gain to such person for each such violation,''.
(b) Manipulations and Other Violations.--Section 6(d) of
the Commodity Exchange Act (7 U.S.C. 13b) is amended in the
first sentence--
(1) by striking ``paragraph (a) or (b) of section 9 of this
Act'' and inserting ``subsection (a), (b), or (f) of section
9''; and
(2) by striking ``said paragraph 9(a) or 9(b)'' and
inserting ``subsection (a), (b), or (f) of section 9''.
(c) Nonenforcement of Rules of Government or Other
Violations.--Section 6b of the Commodity Exchange Act (7
U.S.C. 13a) is amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``, or, in any case of manipulation
of, or an attempt to manipulate, the price of any commodity,
a civil penalty of not more than $1,000,000 for each such
violation''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, except that if the failure or
refusal to obey or comply with the order involved any offense
under section 9(f), the registered entity, director, officer,
agent, or employee shall be guilty of a felony and, on
conviction, shall be subject to penalties under section
9(f)''.
(d) Action To Enjoin or Restrain Violations.--Section 6c(d)
of the Commodity Exchange Act (7 U.S.C. 13a-1(d)) is amended
by striking ``(d)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(d) Civil Penalties.--In any action brought under this
section, the Commission may seek and the court shall have
jurisdiction to impose, on a proper showing, on any person
found in the action to have committed any violation--
``(1) a civil penalty in the amount of not more than the
greater of $100,000 or triple the monetary gain to the person
for each violation; or
``(2) in any case of manipulation of, or an attempt to
manipulate, the price of any commodity, a civil penalty in
the amount of not more than the greater of $1,000,000 or
triple the monetary gain to the person for each violation.''.
(e) Violations Generally.--Section 9(a) of the Commodity
Exchange Act (7 U.S.C. 13) is amended--
(1) by striking ``(or $500,000 in the case of a person who
is an individual)'';
(2) by striking ``five years'' and inserting ``10 years'';
and
(3) in paragraph (2), by striking ``false or misleading or
knowingly inaccurate reports'' and inserting ``knowingly
false, misleading, or inaccurate reports''.

SEC. __06. CONFORMING AMENDMENTS.

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

SA 2084. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 79, between lines 7 and 8, insert the following new
section:
``Sec.   . Statements made by the Chairman and/or Ranking
Member of the Agriculture Appropriations Subcommittee, and
colloquies engaging the Chairman and/or Ranking Member of the
Agriculture Appropriations Subcommittee, given on the Senate
Floor or submitted for the Record during Senate consideration
of this Act shall be deemed part of Senate Committee Report
108-107 for purposes of conference with the House of
Representatives.''.
______

SA 2085. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; which
was ordered to lie on the table; as follows:

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

SEC. 7__. CONSERVATION RESERVE PROGRAM.

Land shall be considered eligible land under section
1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b))
for purposes of enrollment into the conservation reserve
program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.) if the land--
(1) is planted to hardwood trees as of the date of
enactment of this Act; and
(2) was enrolled in the conservation reserve program under
a contract that expired before the date of enactment of this
Act.
______

SA 2086. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill H.R. 2673, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

[[Page S14066]]

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

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

To encourage the Chief of the Natural Resources
Conservation Service to work with the University of South
Carolina to establish a Center of Excellence for Department
of Agriculture Commodity and Conservation Decision Support
Systems.
______

SA 2087. Ms. CANTWELL (for herself, Mr. Bingaman, Mr. Hollings, Mr.
Jeffords, Mr. Dorgan, and Mr. Feingold) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

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

SEC. 7__. PROHIBITION OF ENERGY MARKET MANIPULATION.

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

``SEC. 215. PROHIBITION OF MARKET MANIPULATION.

``It shall be unlawful for any person, directly or
indirectly, to use or employ, in connection with the purchase
or sale of electric energy or the purchase or sale of
transmission services subject to the jurisdiction of the
Commission, any manipulative or deceptive device or
contrivance in contravention of such regulations as the
Commission may promulgate as appropriate in the public
interest or for the protection of electric ratepayers.''.
(b) Rates Resulting From Market Manipulation.--Section
205(a) of the Federal Power Act (16 U.S.C. 824d(a)) is
amended by inserting after ``not just and reasonable'' the
following: ``or that result from a manipulative or deceptive
device or contrivance''.
______

SA 2088. Mr. AKAKA (for himself, Mr. Levin, Mr. Lieberman, and Ms.
Cantwell) proposed an amendment to the bill H.R. 2673, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

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

SEC. 7__. PROTECTION OF DOWNED ANIMALS.

None of the funds appropriated or otherwise made available
by this Act to pay the salaries or expenses of employees or
agents of the Department of Agriculture may be used to
approve for human consumption under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) any cattle, sheep,
swine, goats, horses, mules, or other equines that are unable
to stand or walk unassisted at an establishment subject to
inspection at the point of examination and inspection, as
required by section 3(a) of that Act (21 U.S.C. 603(a)).
______

SA 2089. Mr. DAYTON proposed an amendment to the bill H.R. 2673,
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

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

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

(a) Crop Disaster Assistance.--
(1) In general.--Subject to paragraphs (2) through (4), the
Secretary of Agriculture (referred to in this section as the
``Secretary'') shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make emergency
financial assistance authorized under this subsection
available to producers on a farm that have incurred
qualifying crop losses for the 2001, 2002, or 2003 crop, or
any combination of those crops, due to damaging weather or
related condition, as determined by the Secretary.
(2) Administration.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall make assistance available under this
subsection in the same manner as provided under section 815
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-55), including using the
same loss thresholds for the quantity and quality losses as
were used in administering that section.
(B) Payment rates.--The Secretary shall make a disaster
payment available to producers on a farm for a crop under
this subsection at a rate equal to--
(i) 40 percent of the established price for the crop for
any deficiency in production greater than 20 percent, but
less than 35 percent, for the crop; and
(ii) 65 percent of the established price for the crop for
any deficiency in production of 35 percent or more for the
crop.
(3) Crop insurance.--In carrying out this subsection, the
Secretary shall not discriminate against or penalize
producers on a farm that have purchased crop insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(4) Other assistance.--Subject to paragraph (3), the amount
of assistance that producers on a farm would otherwise
receive under this section shall be reduced by the amount of
assistance provided to the producers on the farm for crop
losses described in paragraph (1) under any other Federal
law.
(b) Livestock Assistance Program.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall use such sums as are necessary of funds of
the Commodity Credit Corporation as are necessary to make and
administer payments for livestock losses to producers for
2001, 2002, or 2003, or any combination of those years, in a
county that has received a corresponding emergency
designation by the President or the Secretary, of which an
amount determined by the Secretary shall be made available
for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549, 1549A-51).
(2) Administration.--The Secretary shall make assistance
available under this subsection in the same manner as
provided under section 806 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(3) Other assistance.--The amount of assistance that a
producer would otherwise receive under this subsection shall
be reduced by the amount of assistance provided to the
producer for losses described in paragraph (1) under any
other Federal law.
(c) Removal of Trees Adversely Affected by the Emerald Ash
Borer.--
(1) In General.--The Secretary shall use funds of the
Commodity Credit Corporation to pay the costs of removing
trees that have been adversely affected by the emerald ash
borer.
(2) Priority.--In carrying out paragraph (1), the Secretary
shall give priority to trees on public property or that
threaten public safety.
(d) Reimbursement of Costs of Removing Commercial Citrus
Trees To Control Citrus Cancer.--
(1) Payments for trees removed.--
(A) In general.--The Secretary shall use funds of the
Commodity Credit Corporation to make payments to commercial
citrus growers located in the State of Florida in the amount
of $26 for each commercial citrus tree removed after January
1, 1986, to control citrus canker to allow for tree
replacement and associated business costs.
(B) Payment limits.--A payment to any citrus grower under
this paragraph shall be limited to--
(i) in the case of grapefruit, 104 trees per acre;
(ii) in the case of valencias, 123 trees per acre;
(iii) in the case of navels, 118 trees per acre;
(iv) in the case of tangelos, 114 trees per acre;
(v) in the case of limes, 154 trees per acre; and
(vi) in the case of other citrus or mixed citrus, 104 trees
per acre.
(2) Compensation for lost production.--
(A) In general.--The Secretary shall use funds of the
Commodity Credit Corporation to make payments to commercial
citrus growers located in the State of Florida to compensate
the citrus growers for lost production, as determined by the
Secretary, with respect to trees removed after January 1,
1986, to control citrus canker.
(B) Crop insurance.--
(i) Covered.--In the case of a removed tree that was
covered by a crop insurance tree policy, compensation for
lost production under subparagraph (A) shall be reduced by
the amount of any indemnity received with respect to the
tree.
(ii) Not covered.--In the case of a removed tree that was
not covered by a crop insurance tree policy (even though such
insurance may have been available), compensation for lost
production under subparagraph (A), shall be reduced by 5
percent.
(e) Promotion of Specialty Crop Agriculture.--The Secretary
of Agriculture shall use funds of the Commodity Credit
Corporation to provide a grant to each State for the
promotion of agricultural commodities produced in the State
in same proportion as grants are provided under section 7(b)
of Public Law 107-25 (115 Stat.202).
(f) Phytophtora crown and root and fruit rot.--The
Secretary of Agriculture shall use funds of the Commodity
Credit Corporation to carry out agricultural research on
growth and irradiation of Phytophthora crown and root and
fruit rot in the State of Michigan.
(g) Reimbursement of Treatment Costs of Avocado Trees To
Comply With Fruit Fly Quarantine and Losses Due to
Windfall.--
(1) Payments for bait treatment costs.--The Secretary shall
use funds of the Commodity Credit Corporation to make
payments to commercial avocado growers located in the State
of California in the amount of $35 per acre for each
individual bait treatment necessary for compliance with a
Government-imposed quarantine after November 15, 2002, to
control fruit flies.
(2) Compensation for windfall losses.--The Secretary shall
use funds of the Commodity Credit Corporation to make
payments to commercial avocado growers in the State of
California to compensate avocado

[[Page S14067]]

growers for windfall losses, as determined by the Secretary,
with respect to loss due to winds after November 15, 2002,
that occurred in a quarantine area.
(h) Compensation of Orchardists for Tree Losses.--The
Secretary of Agriculture shall use funds of the Commodity
Credit Corporation to provide assistance under the tree
assistance program under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et
seq.), to compensate eligible orchardists (as defined in
section 10201 of that Act (7 U.S.C. 8201)) for tree losses
incurred since October 24, 2003 due to wildfires in Southern
California.
(i) Fire Assistance.--The Secretary of Agriculture shall
use funds of the Commodity Credit Corporation to provide
assistance to agricultural producers with farms or ranches
located in Ventura County, California for losses (including
crop, livestock, and related losses) resulting from the Simi
Valley and Piru fires occurring during calendar year 2003.
(j) Fisheries Disaster.--In addition to amounts
appropriated or otherwise made available, $50,000,000 is
appropriated to the Department of Commerce for fisheries
disaster assistance to the shrimp industries in the States of
North Carolina, South Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana and Texas, of which $45,000,000 shall
be made available to such States in amounts that are in
proportion to the percentage of shrimp catch landed in each
State, and $5,000,000 shall be for a national research and
development program for new products, improved quality
assurance, and marketing, of domestic wild shrimp: Provided,
That the funds distributed to the States may be used only
for: (A) assistance for small business including fishing
vessels, fish processors, and shoreside related businesses
serving the fishing industry; (B) assistance for the
additional incremental costs to fishermen associated with the
purchase, installation and use, including but not limited to
the loss in revenues due to any reduction in shrimp retention
associated with such use of new Turtle Excluder Devices
(TEDs) and Bycatch Reduction Devices (BRDs) required by
Federal Regulations; (C) State seafood inspection and testing
programs; (D) voluntary capacity reduction programs for
shrimp fisheries under limited access; Provided Further, That
not more than 5 percent of such funds may be used for
administrative expenses, and no funds may be used for
lobbying activities or representational expenses.
(k) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use--
(A) such sums as are necessary to carry out subsections (a)
and (b);
(B) $20,000,000 to carry out subsection (c);
(C) $15,000,000 to carry out subsection (d);
(D) $26,000,000 to carry out subsection (e);
(E) $184,000 to carry out subsection (f);
(F) $15,000,000 to carry out subsection (g);
(G) such sums as are necessary to carry out subsection (h);
and
(H) $12,000,000 to carry out subsection (i).
(2) Availability.--Funds made available under this section
shall remain available until expended.
(l) Regulations.--
(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section.
(2) Procedure.--The promulgation of the regulations and
administration of this section shall be made without regard
to--
(A) the notice and comment provisions of section 553 of
title 5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(m) Emergency Designation.--The entire amount made
available under this section is designated by Congress as an
emergency requirement under section 502(c) of H. Con. Res. 95
(108th Cong.).
(n) Budgetary Treatment.--Notwithstanding Rule 3 of the
Budget Scorekeeping Guidelines set forth in the Joint
Explanatory Statement of the Committee of Conference
accompanying Conference Report No. 105-217, the provisions of
this section that would have been estimated by the Office of
Management and Budget as changing direct spending or receipts
under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) were it included
in an Act other than an appropriation Act shall be treated as
direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902).
______

SA 2090. Mr. HATCH (for himself, Mr. Harkin, and Mr. Durbin)
submitted an amendment intended to be proposed by him to the bill H.R.
2673, making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

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

SEC. 7__. DIETARY SUPPLEMENTS.

The Commissioner of Food and Drugs shall provide not less
than $11,400,000 from within funds appropriated or otherwise
made available by this Act for regulation by the Food and
Drug Administration of dietary supplements.
______

SA 2091. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 50, line 14, strike ``$27,745,981,000'' and insert
in lieu thereof ``$29,945,981,000''.
______

SA 2092. Mr. BENNETT (for Mr. Durbin) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 79, between lines 7 and 8, insert the following new
section:
``Sec.   . Hereafter, no funds provided in this or any
other Act shall be available to the Secretary of Agriculture
acting through the Foreign Agricultural Service to promote
the sale or export of tobacco or tobacco products.''.
______

SA 2093. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 51, lines 14 through 17, strike ``special'' and all
that follows through ``1985,'' and insert in lieu thereof
``special assistance (in a form determined by the Secretary
of Agriculture) for the nuclear affected islands, as
authorized by section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a
successor law),''.
______

SA 2094. Mr. BENNETT (for Ms. Murkowski (for herself, Mr. Stevens,
Mr. Inouye, and Mr. Akaka)) proposed an amendment to the bill H.R.
2673, making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 33, line 9, strike ``$769,479,000'' and insert in
lieu thereof ``$767,479,000'' and on page 37, line 2, strike
$25,000,000'' and insert in lieu thereof ``$23,000,000''.
On page 79, between lines 7 and 8, insert the following new
section:
``Sec.   . (a) In General.--Section 3(o)(4) of the Food
Stamp Act of 1977, as amended, (7 U.S.C. 2012(o)(4)) is
amended by inserting before the period at the end the
following: ``, and except that on October 1, 2003 in the case
of households residing in Alaska and Hawaii the Secretary may
not reduce the cost of such diet in effect on September 30,
2002.''.
``(b) Effective Date.--The amendment made by subsection (a)
shall be effective beginning on September 30, 2003.''.
______

SA 2095. Mr. BENNETT (for Ms. Snowe (for herself, Mr. Dorgan, and Ms.
Collins)) proposed an amendment to the bill H.R. 2673, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

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

``SEC.   . MODIFICATION OF BOUNDARIES OF AROOSTOOK COUNTY AND
GRIGGS-STEELE EMPOWERMENT ZONES.

``(a) Aroostook County Empowerment Zone.--Notwithstanding
any other provision of law, the Aroostook County empowerment
zone shall include for the period such empowerment zone
remains designated, in addition to the area designated as of
the date of the enactment of this Act, the remaining area of
the county not included in such designation.
``(b) Griggs-Steele Empowerment Zone.--Notwithstanding any
other provision of law, the Griggs-Steele empowerment zone
shall include for the period such empowerment zone remains
designated, in addition to the area designated as of the date
of the enactment of this Act, the remaining area of Griggs
County not included in such designation.''.
______

SA 2096. Mr. BENNETT (for Mr. Levin (for himself and Ms. Stabenow))
proposed an amendment to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

[[Page S14068]]

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

SEC. 7__. COST-SHARING FOR ANIMAL AND PLANT HEALTH EMERGENCY
PROGRAMS.

None of the funds made available by this Act may be used to
issue a final rule in furtherance of, or otherwise implement,
the proposed rule on cost-sharing for animal and plant health
emergency programs of the Animal and Plant Health Inspection
Service published on July 8, 2003 (Docket No. 02-062-1; 68
Fed. Reg. 40541).
______

SA 2097. Mr. BENNETT (for Mr. Inhofe) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 77, line 18, strike the comma and insert ``; the
City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and
the City of Altus, Oklahoma,''.
______

SA 2098. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 79, between lines 7 and 8, insert the following new
section:
Sec.  . Section 601(b)(2) of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows:
``(2) Eligible rural community.--The term `eligible rural
community' means any area of the United States that is not
contained in an incorporated city or town with a population
in excess of 20,000 inhabitants.''.
______

SA 2099. Mr. BENNETT (for Mr. Inouye) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 79, between lines 7 and 8, insert the following new
section:
``Sec.  . Notwithstanding any other provision of law, for
all activities under programs of the Rural Development
Mission Area within the County of Honolulu, Hawaii, the
Secretary may designate any portion of the country as a rural
area or eligible rural community that the Secretary
determines is not urban in character.''.
______

SA 2100. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 79, between lines 7 and 8, insert the following new
section:
Sec.  . The first sentence of section 306(g)(1) of the
National Housing Act (12 U.S.C. 1721(g)(1)) is amended--
(1) by striking ``or title V of the Housing Act of 1949'';
and
(2) by inserting after ``1994'' the following: ``, title V
of the Housing Act of 1949,''.
______

SA 2101. Mr. BENNETT (for Mr. Kohl) proposed an amendment to the bill
H.R. 2673, making appropriations for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 79, between lines 7 and 8, insert the following new
section:
``Sec.  . Notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the
associated regulations) governing the Community Facilities
Program, the Secretary shall allow all Community Facility
Program facility borrowers and grantees to enter into
contracts with not-for-profit third parties for services
consistent with the requirements of the Program, grant, and/
or loan; Provided, That the contracts protect the interests
of the Government regarding cost, liability, maintenance, and
administrative fees.''.
______

SA 2102. Mr. BENNETT (for Mr. Brownback) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 72, line 20, after the word ``Utah'' insert the
following: ``, and four flood control structures in Marmaton,
Kansas''.
______

SA 2103. Mr. BENNETT proposed an amendment to the bill H.R. 2673,
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 42, line 1, insert ``Utah,'' after
``Mississippi,''.
______

SA 2104. Mr. BENNETT (for himself and Mr. Kohl) proposed an amendment
to the bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 74, line 7, insert ``(a)'' before the word
``Notwithstanding'' and on line 15 insert the following new
subsection:
``(b) The Secretary shall publish a proposed rule to carry
out Section 313A of the Rural Electrification Act of 1936
within 60 days of enactment of this Act.''.
______

SA 2105. Mr. BENNETT (for Mr. Grassley (for himself and Mr. Dorgan))
proposed an amendment to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

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

SEC. 7__. EQIP PAYMENT LIMIT.

None of the funds made available under this Act or any
other Act shall be used to pay the salaries and expenses of
personnel to carry out chapter 4 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) to make
payments to an individual, entity, or agricultural operation,
directly or indirectly, in excess of an aggregate of $300,000
for all contracts entered into by the individual, entity, or
agricultural operation during the period of fiscal years 2002
through 2007.
______

SA 2106. Mr. BENNETT ( for Mr. Craig) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

At the appropriate place insert the following:
``Notwithstanding any other provision of law, the Secretary
of Agriculture may use appropriations available to the
Secretary for activities authorized under 7 U.S.C. 426-426c,
under this or any other Act, to enter into cooperative
agreements, with a State, political subdivision, or agency
thereof, a public or private agency, organization, or any
other person, to lease aircraft if the Secretary determines
that the objectives of the agreement will: (1) Serve a mutual
interest of the parties to the agreement in carrying out the
programs administered by the Animal Plant Health Inspection
Service, Wildlife Service; and (2) all parties will
contribute resources to the accomplishment of these
objectives; award of a cooperative agreement authorized by
the Secretary may be made for an initial term not to exceed 5
years.''
______

SA 2107. Mr. BENNETT (for Mr. Graham  of Florida (for himself and Mr.
Nelson of Florida)) proposed an amendment to the bill H.R. 2673, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

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

SEC. 7__. CITRUS CANKER ASSISTANCE.

Section 211 of the Agricultural Assistance Act of 2003 (117
Stat. 545) is amended--
(1) in the section heading, by inserting ``tree replacement
and'' after ``for''; and
(2) in subsection (a), by inserting ``tree replacement
and'' after ``Florida for''.
______

SA 2108. Mr. BENNETT (for Mr. Burns (for himself and Mrs. Clinton))
proposed an amendment to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

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

SEC. 7__. RURAL ELECTRIFICATION.

For fiscal year 2004, the Secretary of Agriculture may use
any unobligated carryover funds made available for any
program administered by the Rural Utilities Service (not
including funds made available under the heading ``Rural
Community Advancement Program'' in any Act of appropriation)
to carry out section 315 of the Rural Electrification Act of
1936 (7 U.S.C. 940e).
______

SA 2109. Mr. BENNETT (for Mr. Durbin) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

At the appropriate place, insert the following:

[[Page S14069]]

Sec.   . The Commissioner of the Food and Drug
Administration shall provide no less than $250,000, from
within funds appropriated or otherwise made available in this
Act for the Food and Drug Administration, to process comments
submitted in response to Docket No. 95N-0304 published in the
Federal Register on March 5, 2003 (68 FR 10417). Provided
further, the Commissioner should expedite and complete review
of available scientific evidence of ephedra's pharmacology
and mechanism of action.
______

SA 2110. Mr. BENNETT (for Mr. Schumer (for himself and Mrs. Clinton))
proposed an amendment to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

On page 57, line 4, insert ``and of which no less than
$52,845,000 shall be available for the generic drugs
program'' before the semicolon.
______

SA 2111. Mr. BENNETT (for Mr. Miller) proposed an amendment to the
bill H.R. 2673, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

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

SEC. 7__. WORKLOAD ANALYSIS OF FARM SERVICE AGENCY.

None of the funds made available by this Act may be used to
pay more than \1/2\ of the salary of the Under Secretary for
Farm and Foreign Agricultural Services after January 31,
2004, unless and until the Secretary of Agriculture provides
to the Committee on Agriculture of House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a workload analysis of employees of the Farm
Service Agency for each of fiscal years 2001, 2002, and 2003
(including an analysis of the number of workload items and
required man-years, by State).
______

SA 2112. Mr. BENNETT (for Mr. Frist (for himself and Mr. Daschle))
proposed an amendment to the bill H.R. 2673, making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

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

SEC. 7__. SUN GRANT RESEARCH INITIATIVE.

(a) Short Title.--This section may be cited as the ``Sun
Grant Research Initiative Act of 2003''.
(b) Research, Extension, and Educational Programs on
Biobased Energy Technologies and Products.--Title IX of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101
et seq.) is amended by adding at the end the following:

``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON
BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

``(a) Purposes.--The purposes of the programs established
under this section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased
energy technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United
States through biobased energy and product technologies;
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies; and
``(4) to enhance the efficiency of bioenergy and biomass
research and development programs through improved
coordination and collaboration between the Department of
Agriculture, the Department of Energy, and the land-grant
colleges and universities.
``(b) Definitions.--In this section:
``(1) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of that
Act) and West Virginia State College; and
``(C) 1994 Institutions (as defined in section 2 of that
Act).
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Establishment.--To carry out the purposes described
in subsection (a), the Secretary shall establish programs
under which--
``(1) the Secretary shall provide grants to sun grant
centers specified in subsection (d); and
``(2) the sun grant centers shall use the grants in
accordance with this section.
``(d) Grants to Centers.--The Secretary shall use amounts
made available for a fiscal year under subsection (j) to
provide a grants in equal amounts to each of the following
sun grant centers:
``(1) North-central center.--A north-central sun grant
center at South Dakota State University for the region
composed of the States of Illinois, Indiana, Iowa, Minnesota,
Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and
Wyoming.
``(2) Southeastern center.--A southeastern sun grant center
at the University of Tennessee at Knoxville for the region
composed of--
``(A) the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee, and
Virginia;
``(B) the Commonwealth of Puerto Rico; and
``(C) the United States Virgin Islands.
``(3) South-central center.--A south-central sun grant
center at Oklahoma State University for the region composed
of the States of Arkansas, Colorado, Kansas, Louisiana,
Missouri, New Mexico, Oklahoma, and Texas.
``(4) Western center.--A western sun grant center at Oregon
State University for the region composed of--
``(A) the States of Alaska, Arizona, California, Hawaii,
Idaho, Nevada, Oregon, Utah, and Washington; and
``(B) territories and possessions of the United States
(other than the territories referred to in subparagraphs (B)
and (C) of paragraph (2)).
``(5) Northeastern center.--A northeastern sun grant center
at Cornell University for the region composed of the States
of Connecticut, Delaware, Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
``(e) Use of Funds.--
``(1) Centers of excellence.--Of the amount of funds that
are made available for a fiscal year to a sun grant center
under subsection (d), the center shall use not more than 25
percent of the amount for administration to support
excellence in science, engineering, and economics at the
center to promote the purposes described in subsection (a)
through the State agricultural experiment station,
cooperative extension services, and relevant educational
programs of the university.
``(2) Grants to land-grant colleges and universities.--
``(A) In general.--The sun grant center established for a
region shall use the funds that remain available for a fiscal
year after expenditures made under paragraph (1) to provide
competitive grants to land-grant colleges and universities in
the region of the sun grant center to conduct, consistent
with the purposes described in subsection (a),
multiinstitutional and multistate--
``(i) research, extension, and educational programs on
technology development; and
``(ii) integrated research, extension, and educational
programs on technology implementation.
``(B) Programs.--Of the amount of funds that are used to
provide grants for a fiscal year under subparagraph (A), the
center shall use--
``(i) not less than 30 percent of the funds to carry out
programs described in subparagraph (A)(i); and
``(ii) not less than 30 percent of the funds to carry out
programs described in subparagraph (A)(ii).
``(3) Indirect costs.--A sun grant center may not recover
the indirect costs of making grants under paragraph (2) to
other land-grant colleges and universities.
``(f) Plan.--
``(1) In general.--Subject to the availability of funds
under subsection (j), in cooperation with other land-grant
colleges and universities and private industry in accordance
with paragraph (2), the sun grant centers shall jointly
develop and submit to the Secretary, for approval, a plan for
addressing at the State and regional levels the bioenergy,
biomass, and gasification research priorities of the
Department of Agriculture and the Department of Energy for
the making of grants under paragraphs (1) and (2) of
subsection (e).
``(2) Gasification coordination.--
``(A) In general.--In developing the plan under paragraph
(1) with respect to gasification research, the sun grant
centers identified in paragraphs (1) and (2) of subsection
(d) shall coordinate with land grant colleges and
universities in their respective regions that have ongoing
research activities with respect to the research.
``(B) Funding.--Funds made available under subsection (d)
to the sun grant center identified in subsection (e)(2) shall
be available to carry out planning coordination under
paragraph (1) of this subsection.
``(g) Grants to Other Land-Grant Colleges and
Universities.--
``(1) Priority for grants.--In making grants under
subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan
approved by the Secretary under subsection (f).
``(2) Term of grants.--The term of a grant provided by a
sun grant center under subsection (e)(2) shall not exceed 5
years.
``(h) Grant Information Analysis Center.--The sun grant
centers shall maintain a Sun Grant Information Analysis
Center at the sun grant center specified in subsection (d)(1)
to provide sun grant centers analysis and data management
support.
``(i) Annual Reports.--Not later than 90 days after the end
of a year for which a sun grant center receives a grant under
subsection (d), the sun grant center shall submit to the
Secretary a report that describes the policies, priorities,
and operations of the program carried out by the center
during the

[[Page S14070]]

year, including a description of progress made in
facilitating the priorities described in subsection (f).
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $25,000,000 for fiscal year 2005;
``(B) $50,000,000 for fiscal year 2006; and
``(C) $75,000,000 for each of fiscal years 2007 through
2010.
``(2) Grant information analysis center.--Of amounts made
available under paragraph (1), not more than $4,000,000 for
each fiscal year shall be made available to carry out
subsection (h).''.
______

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

Strike all after the enacting clause and insert the
following:

TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER

SEC. 101. VISITOR CENTER

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

``SEC. 6. VISITOR CENTER.

``(a) Authorization.--
``(1) In general.--The Vietnam Veterans Memorial Fund,
Inc., is authorized to construct a visitor center at or near
the Vietnam Veterans Memorial on Federal land in the District
of Columbia, or its environs, subject to the provisions of
this section, in order to better inform and educate the
public about the Vietnam Veterans Memorial and the Vietnam
War.
``(2) Location.--The visitor center shall be located
underground.
``(3) Consultation on design phase.--The Vietnam Veterans
Memorial Fund, Inc. shall consult with educators, veterans
groups, and the National Park Service in developing the
proposed design of the visitor center.
``(b) Compliance With Standards Applicable to Commemorative
Works.--Chapter 89 of title 40, United States Code, shall
apply, including provisions related to the siting, design,
construction, and maintenance of the visitor center, and the
visitor center shall be considered a commemorative work for
the purposes of that Act, except that--
``(1) final approval of the visitor center shall not be
withheld;
``(2) the provisions of subsections (b) and (c) of section
8908 of title 40, United States Code, requiring further
approval by law for the location of a commemorative work
within Area I and prohibiting the siting of a visitor center
within the Reserve shall not apply;
``(3) the size of the visitor center shall be limited to
the minimum necessary--
``(A) to provide for appropriate educational and
interpretive functions; and
``(B) to prevent interference or encroachment on the
Vietnam Veterans Memorial and to protect open space and
visual sightlines on the Mall; and
``(4) the visitor center shall be constructed and
landscaped in a manner harmonious with the site of the
Vietnam Veterans Memorial, consistent with the special nature
and sanctity of the Mall.
``(c) Operation and Maintenance.--
``(1) In general.--The Secretary of the Interior shall--
``(A) operate and maintain the visitor center, except that
the Secretary shall enter into a written agreement with the
Vietnam Veterans Memorial Fund, Inc. for specified
maintenance needs of the visitor center, as determined by the
Secretary; and
``(B) as soon as practicable, in consultation with
educators and veterans groups, develop a written interpretive
plan for the visitor center in accordance with National Park
Service policy.
``(2) Donation for perpetual maintenance and
preservation.--Paragraph (1)(A) does not waive the
requirements of section 8906(b) of title 40, United States
Code, with respect to the visitor center.
``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc.
shall be solely responsible for acceptance of contributions
for, and payment of expenses of, the establishment of the
visitor center. No Federal funds shall be used to pay any
expense of the establishment of the visitor center.''.

TITLE II--COMMEMORATIVE WORKS

SEC. 201. SHORT TITLE.

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

SEC. 202. ESTABLISHMENT OF RESERVE.

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

SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.

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

If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year
legislative authority for a period not to exceed three
additional years. Upon expiration of the legislative
authority, any previous site and design approvals shall also
expire.''.
(d) National Capital Memorial Advisory Commission.--Section
8904 of title 40, United States Code, is amended--
(1) in the heading, by inserting ``Advisory'' before
``Commission'';
(2) in subsection (a), by striking ``There is a National''
and all that follows through ``consists of'' and inserting
the following: ``There is established the National Capital
Memorial Advisory Commission, which shall be composed of'';
(3) in subsection (c)--
(A) by inserting ``Advisory'' before ``Commission shall'';
and
(B) by striking ``Services'' and inserting ``Services (as
appropriate)''; and
(4) in subsection (d) by inserting ``Advisory'' before
``Commission''.
(e) Site and Design Approval.--Section 8905 of title 40,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``person'' each place it appears and
inserting ``sponsor''; and
(B) in paragraph (1)--
(i) by inserting ``Advisory'' before ``Commission''; and
(ii) by striking ``designs'' and inserting ``design
concepts''; and

[[Page S14071]]

(2) in subsection (b)--
(A) by striking ``Secretary, and Administrator'' and
inserting ``and the Secretary or Administrator (as
appropriate)''; and
(B) in paragraph (2)(B), by striking, ``open space and
existing public use.'' and inserting ``open space, existing
public use, and cultural and natural resources.''.
(f) Criteria for Issuance of Construction Permit.--Section
8906 of title 40, United States Code, is amended--
(1) in subsection (a)(3) and (a)(4) by striking ``person''
and inserting ``sponsor''; and
(2) by striking subsection (b) and inserting the following:
``(b) Donation for Perpetual Maintenance and
Preservation.--
``(1) In addition to the criteria described above in
subsection (a), no construction permit shall be issued unless
the sponsor authorized to construct the commemorative work
has donated an amount equal to 10 percent of the total
estimated cost of construction to offset the costs of
perpetual maintenance and preservation of the commemorative
work. All such amounts shall be available for those purposes
pursuant to the provisions of this subsection. The provisions
of this subsection shall not apply in instances when the
commemorative work is constructed by a Department or agency
of the Federal Government and less than 50 percent of the
funding for such work is provided by private sources.
``(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of the
Commemorative Works Clarification and Revision Act of 2003
provided by a sponsor for maintenance pursuant to this
subsection shall be credited to a separate account in the
Treasury.
``(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of
2003 shall be credited to a separate account with the
National Park Foundation.
``(4) Upon request of the Secretary or Administrator (as
appropriate), the Secretary of the Treasury or the National
Park Foundation shall make all or a portion of such moneys
available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work.
Under no circumstances may the Secretary or Administrator
request funds from a separate account exceeding the total
money in the account established under paragraph (2) or (3).
The Secretary and the Administrator shall maintain an
inventory of funds available for such purposes. Funds
provided under this paragraph shall be available without
further appropriation and shall remain available until
expended.''.
(g) Areas I and II.--Section 8908(a) of title 40, United
States Code, is amended--
(1) by striking ``Secretary of the Interior and
Administrator of General Services'' and inserting ``Secretary
of the Interior or the Administrator of General Services (as
appropriate)''; and
(2) by striking ``numbered 869/86581, and dated May 1,
1986'' and inserting ``entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and dated
June 24, 2003''.

SEC. 204. SITE AND DESIGN CRITERIA.

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

SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.

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

SEC. 206. NATIONAL PARK SERVICE REPORTS.

Within six months after the date of enactment of this
title, the Secretary of the Interior, in consultation with
the National Capital Planning Commission and the Commission
of Fine Arts, shall submit to the Committee on Energy and
Natural Resources of the United States Senate, and to the
Committee on Resources of the United States House of
Representatives reports setting forth plans for the
following:
(1) To relocate, as soon as practicable after the date of
enactment of this Act, the National Park Service's stable and
maintenance facilities that are within the Reserve (as
defined in section 8902 of title 40, United States Code).
(2) To relocate, redesign or otherwise alter the concession
facilities that are within the Reserve to the extent
necessary to make them compatible with the Reserve's
character.
(3) To limit the sale or distribution of permitted
merchandise to those areas where such activities are less
intrusive upon the Reserve, and to relocate any existing sale
or distribution structures that would otherwise be
inconsistent with the plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
______

SA 2114. Mr. BENNETT (for Ms. Collins) proposed an amendment to the
bill S. 589, to strengthen and improve the management of national
security, encourage Government service in areas of critical national
security, and to assist government agencies in addressing deficiencies
in personnel possessing specialized skills important to national
security and incorporating the goals and strategies for recruitment and
retention for such skilled personnel into the strategic and performance
management systems of Federal agencies; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

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

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

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

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

SEC. 101. STUDENT LOAN REPAYMENTS.

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

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

``(a) In this section:
``(1) The term `agency' means the Department of Defense,
the Department of Homeland Security, the Department of State,
the Department of Energy, the Department of the Treasury, the
Department of Justice, the National Security Agency, and the
Central Intelligence Agency.

[[Page S14072]]

``(2) The term `national security position' means an
employment position determined by the head of an agency for
the purposes of a pilot program established under this
section, to involve important homeland security applications.
``(3) The term `student loan' means--
``(A) a loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
``(B) a loan made under part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa
et seq.); and
``(C) a health education assistance loan made or insured
under part A of title VII of the Public Health Service Act
(42 U.S.C. 292 et seq.) or under part E of title VIII of such
Act (42 U.S.C. 297a et seq.).
``(b)(1) The head of an agency shall, in order to recruit
or retain highly qualified professional personnel, establish
a pilot program under which the head of that agency may agree
to repay (by direct payments on behalf of the employee) any
student loan previously taken out by such employee if the
employee is employed by the agency in a national security
position. The head of an agency may provide for a program to
apply to, and be administered with respect to, 1 or more
organizational units of the agency.
``(2) Payments under this section shall be made subject to
such terms, limitations, or conditions as may be mutually
agreed to by the agency and employee concerned.
``(3) The amount paid by the agency on behalf of an
employee under this section may not exceed $10,000 in any
calendar year toward the remaining balance of the student
loan for each year that the employee remains in service in
the position, except that the employee shall remain in such
position for at least 3 years. The maximum total amount that
may be paid on behalf of an employee under this paragraph
shall be $60,000.
``(4) An employee may participate in the program under
section 5379 and any program under this section at the same
time, except the total amount paid by all agencies on behalf
of that employee under section 5379 and this section may not
exceed--
``(A) $10,000 in any calendar year; or
``(B) $60,000 in total.
``(5) Nothing in this section shall be considered to
authorize an agency to pay any amount to reimburse an
employee for any repayments made by such employee prior to
the agency's entering into an agreement under this section
with such employee.
``(6) Nothing in this section shall be construed--
``(A) to affect student loan repayment programs existing on
the date of enactment of this section;
``(B) to revoke or rescind any existing law, collective
bargaining agreement, or recognition of a labor organization;
``(C) to authorize the head of an agency to determine
national security positions for any other purpose other than
to make such determinations as are required by this section
in order to carry out the purposes of this section; or
``(D) as a basis for determining the exemption of any
position from inclusion in a bargaining unit under chapter 71
of title 5, United States Code, or from the right of any
incumbent of a national security position determined by the
head of an agency under this section, from entitlement to all
rights and benefits under such chapter.
``(c)(1)(A) Not later than 6 months after the date of
enactment of this section, the Director of the Office of
Personnel Management shall report to the appropriate
committees of Congress on the implementation of the program
under this section.
``(B) Not later than 4 years after the date of enactment of
this section, the Director of the Office of Personnel
Management shall report to the appropriate committees of
Congress on the status of the programs established under this
section and the success of such programs in recruiting and
retaining employees for national security positions,
including an assessment as to whether the program should be
expanded to other agencies or to non-national security
positions to improve overall Federal workforce recruitment
and retention.
``(2) The head of each agency establishing a program under
this section shall provide any necessary information to the
Office of Personnel Management to carry out this subsection.
``(d) An employee shall not be eligible for benefits under
this section if such employee--
``(1) occupies a position that is excepted from the
competitive service because of its confidential, policy-
determining, policy-making, or policy-advocating character;
or
``(2) does not occupy a national security position.
``(e)(1) An employee selected to receive benefits under
this section shall agree in writing, before receiving any
such benefit, that the employee shall--
``(A) remain in the service of the agency in a national
security position for a period to be specified in the
agreement, but not less than 3 years, unless involuntarily
separated; and
``(B) if separated involuntarily on account of misconduct,
or voluntarily, before the end of the period specified in the
agreement, repay to the Government the amount of any benefits
received by such employee from that agency under this
section.
``(2) The repayment provided for under paragraph (1)(B) may
not be required of an employee who leaves the service of such
employee's agency voluntarily to enter into the service of
any other agency unless the head of the agency that
authorized the benefits notifies the employee before the
effective date of such employee's entrance into the service
of the other agency that repayment will be required under
this subsection.
``(3) If an employee who is involuntarily separated on
account of misconduct or who (excluding any employee relieved
of liability under paragraph (2)) is voluntarily separated
before completing the required period of service fails to
repay the amount provided for under paragraph (1)(B), a sum
equal to the amount outstanding is recoverable by the
Government from the employee (or such employee's estate, if
applicable) by--
``(A) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(B) such other method as is provided for by law for the
recovery of amounts owing to the Government.
``(4) The head of the agency concerned may waive, in whole
or in part, a right of recovery under this subsection if it
is shown that recovery would be against equity and good
conscience or against the public interest.
``(5) Any amount repaid by, or recovered from, an
individual (or an estate) under this subsection shall be
credited to the appropriation, fund, or account from which
the original payment was made. Any amount so credited shall
be merged with other sums in such appropriation, fund, or
account and shall be available for the same purposes and
period, and subject to the same limitations (if any), as the
sums with which merged.
``(f) An employee receiving benefits under this section
from an agency shall be ineligible for continued benefits
under this section from such agency if the employee--
``(1) separates from such agency; or
``(2) does not maintain an acceptable level of performance,
as determined under standards and procedures which the agency
head shall by regulation prescribe.
``(g) In selecting employees to receive benefits under this
section, an agency shall, consistent with the merit system
principles set forth in paragraphs (1) and (2) of section
2301(b) of this title, take into consideration the need to
maintain a balanced workforce in which women and members of
racial and ethnic minority groups are appropriately
represented in Government service.
``(h) Any benefit under this section shall be in addition
to basic pay and any other form of compensation otherwise
payable to the employee involved.
``(i)(1) Not later than 60 days after the date of enactment
of this section and after consultations with the heads of
agencies, the Office of Personnel Management shall propose
regulations for criteria to be used by the heads of agencies
to make determinations of national security positions.
``(2) Not later than 180 days after the date on which the
comment period for proposed regulations under paragraph (1)
ends, the Office of Personnel Management shall promulgate
final regulations containing such criteria.
``(j) A program established under this section may remain
in effect for the 8-year period beginning on the date of
enactment of this section. Such program shall continue to pay
employees recruited under this program who are in compliance
with this section their benefits through their commitment
period regardless of the preceding sentence.
``(k) For the purpose of enabling the Federal Government to
recruit and retain employees critical to the national
security under this section, there are authorized to be
appropriated such sums as may be necessary to carry out this
section for each fiscal year.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 53 of title 5, United States Code, is
amended by inserting after the item relating to section 5379
the following:

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

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

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

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

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

``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means the Department of
Defense, the Department of Homeland Security, the Department
of State, the Department of Energy, the Department of the
Treasury, the Department of Justice, the National Security
Agency, and the Central Intelligence Agency, and other
Federal Government agencies as determined by the Board.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given to
such term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
``(3) National security position.--The term `national
security position' means an employment position determined by
the Board, in consultation with an agency, for the purposes
of a program established under this section, to involve
important homeland security applications.

[[Page S14073]]

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

SEC. 202. NATIONAL SECURITY SERVICE CORPS.

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

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

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

[[Page S14074]]

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

SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

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

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. STRATEGIC PLANS.

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

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