Agriculture Department and Rural Development FY2005 Appropriations bill

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 - Title I: Agricultural Programs - Appropriates FY 2005 funds for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) executive operations, including Homeland Security Staff; (3) Office of the Chief Information Officer; (4) Office of the Chief Financial Officer; (5) Office of the Assistant Secretary for Civil Rights; (6) Office of Civil Rights; (7) Office of the Assistant Secretary for Administration; (8) agriculture buildings and facilities and rental payments; (9) hazardous materials management; (10) departmental administration; (11) Office of the Assistant Secretary for Congressional Relations; (12) Office of Communications; (13) Office of the Inspector General; (14) Office of the General Counsel; (15) Office of the Under Secretary for Research, Education, and Economics; (16) Economic Research Service; (17) National Agricultural Statistics Service; (18) Agricultural Research Service; (19) Cooperative State Research, Education, and Extension Service; (20) Office of the Under Secretary for Marketing and Regulatory Programs; (21) Animal and Plant Health Inspection Service; (22) Agricultural Marketing Service; (23) Grain Inspection, Packers and Stockyards Administration; (24) Office of the Under Secretary for Food Safety; (25) Food Safety and Inspection Service; (26) Office of the Under Secretary for Farm and Foreign Agricultural Services; (27) Farm Service Agency; (28) Risk Management Agency; (29) Federal Crop Insurance Corporation Fund; and (30) Commodity Credit Corporation Fund.

Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.

Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.

Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.

Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service; (2) P.L. 480 program account, title I ocean freight differential grants, and title II grants; (3) McGovern-Dole international food for education and child nutrition program grants; and (4) Commodity Credit Corporation (CCC) export loans program account.

Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA); (2) Commodity Futures Trading Commission; and (3) Farm Credit Administration.

Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 710) Prohibits the use of funds under this Act 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 20 percent of total Federal funds provided under each award.

(Sec. 715) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.

(Sec. 720) Prohibits the use of funds for the initiative for future agriculture and food systems, with an exception for administration of prior grants and obligations.

(Sec. 722) Prohibits fund use to relocate a State Rural Development office until cost and operation effectiveness have been determined.

(Sec. 723) Makes additional appropriations for Bill Emerson and Mickey Leland Hunger Fellowships.

(Sec. 724) Provides that any balances and recoveries available to carry out title III of the Agricultural Trade Development and Assistance Act of 1954 may be used to carry out title II of such Act.

(Sec. 725) Obligates specified amounts of agricultural commodities to assist foreign countries mitigate the effects of HIV and AIDS.

(Sec. 726) Amends the Consolidated Farm and Rural Development Act to increase obligated funding for the national sheep industry improvement center revolving fund.

(Sec. 727) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for: (1) the Kuhn Bayou project in Arkansas; (2) the Matanuska River erosion control project in Alaska; (3) the DuPage County watershed project in Illinois; and (4) the Coal Creek project in Utah.

(Sec. 728) Prohibits funds under this Act from being transferred to any Federal entity unless authorized by an appropriations Act.

(Sec. 729) Prohibits the use of funds under this Act to close or relocate the FDA Division of Pharmaceutical Analysis in Saint Louis, Missouri, outside the city or county limits.

(Sec. 730) Authorizes the Department to use any unobligated salaries and expense funds to reimburse the Office of General Counsel for representing its agencies and offices in employee complaints before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the Merit Systems Protection Board.

(Sec. 731) Authorizes the Secretary to use up to 20 percent of competitive research funds under this Act for a competitive grants program similar to the initiative for future agriculture and food systems.

(Sec. 732) Prohibits the use of funds under this Act to carry out CCC-funded rehabilitation of certain dams.

(Sec. 733) Prohibits fund use to carry out the rural strategic investment program.

(Sec. 734) Prohibits fund use to carry out the rural firefighters and emergency personnel grant program.

(Sec. 735) States that the Agricultural Marketing Service and the Grain Inspection, Packers and Stockyards Administration shall not be required to establish obligations and outlays for purchases of interest bearing investments outside of the Treasury under specified circumstances.

(Sec. 736) Authorizes the Secretary to use specified food stamp funds for commodity processing, storage, transporting, and distribution.

(Sec. 737) Limits wetlands reserve program enrollment acreage for 2005.

(Sec. 738) Limits funds made available in FY 2005 or preceding fiscal years under the Agricultural Trade Development and Assistance Act of 1954 to reimburse CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.

(Sec. 739) Limits funds for the environmental quality incentives program.

(Sec. 740) Authorizes the Natural Resources Conservation Service to provide from appropriations financial and technical assistance to the Dry Creek project, Utah.

(Sec. 741) Authorizes the Secretary to permit Department employees to carry and use firearms for personal protection in remote locations in the performance of their official duties.

(Sec. 742) Prohibits fund use for renewable energy system and energy efficiency improvements assistance.

(Sec. 743) Prohibits, with an FY 2003 exception, fund use for access to broadband telecommunications in rural areas.

(Sec. 744) Prohibits fund use for the agricultural marketing resource center pilot program.

(Sec. 745) Directs the Secretary, with lender consent, to structure the annual fee payment schedule for rural electrification and telephone bond and loan guarantees so as not to exceed an average of 30 basis points per year for the term of the loan in order to ensure fund availability to pay related subsidy costs.

(Sec. 746) Limits fund use for the ground and surface water conservation program.

(Sec. 747) Limits fund use for the grazing, wildlife habitat incentive, source water protection, and Great Lakes Basin programs.

(Sec. 748) Limits fund use for the farmland protection program.

(Sec. 749) Appropriates funds to remain available through September 30, 2006, for the Northern Great Plains Regional Authority.

(Sec. 750) Limits fund use for the rural business investment program.

(Sec. 751) Prohibits the use of funds under this Act to revise a proposed rule (July 8, 2003) respecting cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service.

(Sec. 752) Authorizes Department agencies and offices to use available discretionary funds to prepare for final employment discrimination decisions.

(Sec. 753) States that 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. 754) Appropriates funds to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.

(Sec. 755) Prohibits, without specific congressional authorization, fund use to study or enter into a contract with a private party for competitive sourcing activities relating to rural development or farm loan programs.

(Sec. 756) States that for all rural development mission area programs in Honolulu County, Hawaii, the Secretary may designate any portion of the county as a rural area or eligible rural community, except for any area included in the Honolulu Census Designated Place as determined by the Secretary of Commerce.

(Sec. 757) Authorizes community facility program borrowers and grantees to enter into service contracts with not-for-profit third parties.

(Sec. 758) Authorizes the Secretary to enter into cooperative aircraft lease agreements under the Animal and Plant Health Inspection Service.

(Sec. 759) Authorizes the Secretary to: (1) make funding and other assistance available through the emergency watershed protection program to repair and prevent damage to nonfederal land in watersheds that have been impaired by fires initiated by the Federal Government; and (2) waive related cost sharing requirements.

(Sec. 760) States that the Alaska Department of Community and Economic Development shall be: (1) eligible to receive a water and waste disposal grant for up to 75 percent of the cost of providing water and sewer service to the proposed hospital in the Matanuska-SusitnaBorough, Alaska; and (2) allowed to pass the grant funds to the local government entity that will provide such service.

(Sec. 761) Prohibits the use of funds under this Act to make certain previously-enrolled land planted to hardwood trees ineligible for the conservation reserve program.

(Sec. 762) Rescinds specified unobligated funds in the Local Television Loan Guarantee Program account.

(Sec. 763) Requires written approval by the Department's Chief Information Officer prior to obligation of funds for any technology information project in excess of $25,000.

(Sec. 764) Limits funds for the bioenergy program.

(Sec. 765) Amends the Food Security Act to provide privacy protection for certain farm product sellers by using a "unique identifier" selected by the Secretary of State using a selection system or method approved by the Secretary.

(Sec. 766) Makes the following construction projects eligible for community facilities grants (75 percent maximum): (1) the Tri-Valley Community Center addition in Healy, Alaska; (2) the Cold Climate Housing Research Center in Fairbanks, Alaska; and (3) the University of Alaska-Fairbanks Allied Health Learning Center skill labs/classrooms.

(Sec. 767) Amends the Equity in Educational Land Grant Status Act of 1994 to include Tohono O`odham Community College among the "1994 Institutions." (Makes such College eligible for land-grant college benefits as provided for by such Act.)

(Sec. 768) Rescinds specified unobligated funds in the agricultural conservation program account.

(Sec. 769) Makes funds available to the Dakota Value Capture Cooperative under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 available until expended for a project conducted by the Dakota Value Capture Cooperative at South Dakota State University.

(Sec. 770) Prohibits fund use to pay the administrative expenses of a State agency that authorizes any new for-profit vendor to transact Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) food instruments if more than 50 percent of the vendor's expected annual food sales will be derived from the sale of WIC-obtained supplemental foods. Permits such vendor's authorization to assure participant access to program benefits.

(Sec. 771) Rescinds specified unobligated funds: (1) under the Act of August 24, 1935; and (2) available to the Foreign Agricultural Service under title I of P.L. 480.

(Sec. 773) Authorizes the Secretary to use unobligated Rural Utilities Service carryover funds (not including rural community advancement program funds) to carry out 911 access expansion activities.

(Sec. 774) Prohibits fund use to reduce the Wildlife Habitat Management Institute in Mississippi as in existence on December 17, 2003.

(Sec. 775) Amends the Farm Security and Rural Investment Act of 2002 to authorize renewable energy system loan guarantees.

(Sec. 776) Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to provide for the authorization of travel for agricultural and medical commercial sales to, from, or within Cuba.

(Sec. 777) Includes elk, reindeer and bison in livestock assistance programs.

(Sec. 778) Makes Guymon, Shawnee, and Altus, Oklahoma, eligible for rural housing insurance fund loans and grants until receipt of the 2010 Census.

(Sec. 779) Considers Great Falls, Montana, a rural area for business and industry guaranteed loan eligibility until receipt of the 2010 Census.

(Sec. 780) Authorizes the Secretary to consider the Piedmont Municipal Power Agency of South Carolina eligible to participate in Rural Utilities Service programs until receipt of the 2010 Census.

(Sec. 781) Appropriates funds for milk processing and packaging facilities in Alaska.

(Sec. 782) Amends the Food Security Act of 1985 to authorize the Secretary to enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including affiliated membership organizations) if program objectives will be met and statutory contract limitations with individual producers will not be exceeded.

(Sec. 783) Appropriates grant funds to Alaska Village Initiatives for a private lands wildlife management program in Alaska.

(Sec. 784) Amends the Richard B. Russell National School Lunch Act, as amended by the Child Nutrition and WIC Reauthorization Act of 2004, to extend: (1) the summer food service rural transportation program through FY 2006; and (2) interim and final program report dates.

Authorizes the Secretary to reallocate audit funds to States administering the child and adult food care program in order to audit participating institutions.

Makes specified technical corrections.

(Sec. 785) Authorizes the Secretary to waive, as of October 1, 2005, non-citizen or non-immigrant benefits ineligibility for a landowner participating in a conservation reserve enhancement program in Hawaii.