H.R. 4423 (ih) To amend the Magnuson-Stevens Fishery Conservation and Management Act ...

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108th CONGRESS
  2d Session
                                H. R. 4422

 Making appropriations for the Departments of Agriculture, Education, 
   Health and Human Services, and Transportation for the fiscal year 
           ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

   Mr. Obey introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Agriculture, Education, 
   Health and Human Services, and Transportation for the fiscal year 
           ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Agriculture, Education, Health and 
Human Services, and Transportation for the fiscal year ending September 
30, 2005, and for other purposes, namely:

                   TITLE I--DEPARTMENT OF AGRICULTURE

               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, $866,361,000, of which 
$4,119,000 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: Provided, 
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 2005, 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.

                       RURAL DEVELOPMENT PROGRAMS

                  Rural Community Advancement Program

    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, $963,013,500, to remain available until expended, of which 
$86,439,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $801,594,500 shall be for the rural 
utilities programs described in sections 381E(d)(2), 306C(a)(2), and 
306D of such Act; and of which $74,980,000 shall be for the rural 
business and cooperative development programs described in sections 
381E(d)(3) and 310B(f) of such Act.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfer 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: $5,198,275,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $2,200,000,000 shall be for 
direct loans, and of which $2,725,185,000 shall be for unsubsidized 
guaranteed loans; $35,000,000 for section 504 housing repair loans; 
$116,545,000 for section 515 rental housing; $100,000,000 for section 
538 guaranteed multi-family housing loans; $5,045,000 for section 524 
site loans; $11,501,000 for credit sales of acquired property, of which 
up to $1,501,000 may be for multi-family credit sales; and $5,000,000 
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, $288,368,000, of which 
$254,760,000 shall be for direct loans, and of which $33,608,000 to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $10,171,000; section 515 
rental housing, $54,881,000; section 538 multi-family housing 
guaranteed loans, $3,490,000; multi-family credit sales of acquired 
property, $727,000: Provided, That of the total amount appropriated in 
this paragraph, $7,100,000 shall be available through June 30, 2005, 
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, $465,886,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                        Rural Utilities Service

                  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 2005 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, $3,328,000, 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 
direct broadband telecommunication loans, $675,917,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000, to remain 
available until expended.
    For the cost of telemedicine and distance learning services loans 
in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $4,260,000, 
to remain available until expended.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $17,229,000: Provided further, That the cost of direct loans 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, $18,000,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                   TITLE II--DEPARTMENT OF EDUCATION

                      SCHOOL IMPROVEMENT PROGRAMS

                  rural education achievement program

    For carrying out rural education activities authorized by part B of 
title VI of the Elementary and Secondary Education Act of 1965, 
$300,000,000, which shall become available on July 1, 2005, and remain 
available through September 30, 2006, for academic year 2005-2006.

           TITLE III--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

            programs of special importance to rural america

    For carrying out sections 330, 330A, 330I, 330J, 331 through 338I, 
338J, 340, 340G, 747, 750, 751, 752, 754, 757, and 846 of the Public 
Health Service Act, sections 711 and 1820 of the Social Security Act, 
and the Rural Access to Emergency Devices Act, $2,547,066,000, all of 
which shall be derived from general revenues notwithstanding section 
1820(j) of the Social Security Act.

                 TITLE IV--DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                        Payments to Air Carriers

                    (airport and airway trust fund)

    To carry out the essential air service program under 49 U.S.C. 
41731 through 41742, $115,000,000 to be derived from the Airport and 
Airway Trust Fund and from amounts received by the Federal Aviation 
Administration credited to the amount established under section 45303 
of Title 49, U.S.C., to remain available until expended.

                            TITLE V--OFFSET

    In the case of taxpayers with adjusted gross income in excess of 
$1,000,000 for calendar year 2004, the amount of the tax reduction 
resulting from enactment of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 
107-16) shall be reduced by 5.1 percent.
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