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May 23, 2006

**Amendments to H.R. 5384, the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act of 2007**

**Part I**

The following contains information on the eighteen amendments that have
been pre-printed in the *Congressional Record* and other amendments not
pre-printed that may also be offered.

**[RSC Staff Contact]{.underline}**:

Amendments 1-14: Marcus Kelley; <marcus.kelley@mail.house.gov>; x6-9717

Amendments 15-18: Paul Teller; <paul.teller@mail.house.gov>; x6-9718

Joelle Cannon; <joelle.cannon@mail.house.gov>; x6-0718

**Amendments Pre-Printed in the *Congressional Record***

**1. King (R-IA).** Inserts language directing the Secretary of
Agriculture to submit to Congress, an economic impact study on the
proposed National Animal Identification System. The report is to include
information on the lessons from, and the effectiveness of, the pilot
program.

According to the sponsor's office, Rep. King is offering the amendment
in an effort to speak about the Livestock Identification and Marketing
Opportunities Act (H.R. 3170). *This amendment is likely subject to a
point of order.*

**2. King (R-IA).** Prevents \$1 million of the funds available in the
bill for the Animal and Plant Health Inspection Service, from being
available until the Secretary of Agriculture submits to the
Appropriations Committee the report demanded in the previous amendment.

**3. Kennedy (R-MN).** Transfers \$500,000 from the Agriculture
Buildings and Facilities and Rental Payments Account to National
Veterinarian Medical program. The program was funded at \$500,000 last
year and is not funded in this year's Committee Budget.

According to the sponsor, the program uses the money for loan
forgiveness in an effort to encourage new veterinarians to locate and
serve rural areas.

**4. Paul (R-TX).** Provides that none of the funds made available may
be used to implement or administer the National Animal Identification
System (NAIS). NAIS requires all farmers and ranchers to tag their
livestock with a radio ID tag. According to the sponsor, tagging all
livestock could cost each farm thousands and burden the farms with
compliance with required federal paperwork and monitoring. The sponsor
asserts NAIS allows the federal government to enter farms and ranches
for warrantless searches and seizures in violation of the Fourth
Amendment and subjects the owner to liability for animals diseased
[after]{.underline} they leave the farm. The sponsor further contends
that the bill does not achieve its intended aims, is duplicative, and
harmful to the competitiveness of American farm products from livestock.

**5.  Carter (R-TX).** Permits the Secretary of Agriculture to use up to
\$3.6 million from the Federal Crop Insurance Program for a data mining
project.

The sponsor states the money comes from the Insurance Program's outreach
and education to fund a data mining project intended to eradicate
anomalous payouts in the program. According to the office, the mining
project is housed at Tarleton State University, located in Stephenville,
TX. The sponsor asserts that conservative estimates are that the program
spends \$20 million to identify fraud, waste and abuse to save \$450
million.

**6.  *Blumenauer (D-OR).*** Provides that none of the funds may be used
to pay the salaries of federal employees who make loans to domestic
sugar processors under Section 156 of the Federal Agriculture
Improvement and Reform Act of 1996, if the loans are made at a base rate
over \$0.17/lb. for sugarcane and over \$0.216/lb. for sugarbeets.

Under the U.S. Sugar Loan Program, sugar processors are able to get
non-recourse loans from the federal government. The processors may use
their sugar stocks as collateral to borrow money based on the price of
sugar. If the prices fall below a floor, the processors may repay the
loan based on the new, below floor price or forfeit the sugar. If the
processors forfeit the sugar, the federal government must then bear the
costs of storing the sugar. There are no penalties for processors who
forfeit the sugar to repay the loans. (source:
http://www.taxpayer.net/agriculture/learnmore/factsheets/TCSSugarCommodityFactSheet_2003.pdf)

**7.  Hefley (R-CO).** Prohibits funding made available from being used
for the National Animal Identification Act. The sponsor asserts that the
amendment prevents an expenditure of \$33.107 million on the Act. This
amendment is similar to the Paul amendment, #4 preprinted in the
Congressional Record.

**8.  Hefley (R-CO).** The amendment is a rescission of \$178,120,000
from the total agriculture appropriation. This is a 1% across-the-board
rescission on discretionary spending in the bill

**9.  Lucas (R-OK).** Transfers \$50 million from the Natural Resources
Conservation Services National Headquarters salaries and expenses
account to be used on conservation technical assistance.

According to the sponsor's office, technical assistance at the state
level is "underfunded" and therefore faces difficulties in delivering
conservation funding. The \$50 million transfer is a reduction of over
50% to the National HQ's appropriation.

**10.  Schwarz (R-MI).** Expresses the sense of Congress that the
Secretary of Agriculture should use his transfer authority to move funds
from Commodity Credit Corporation to a program for the eradication of
the Emerald Ash Borer (EAB) in Michigan, Ohio, and Indiana.

**The Committee Report for the underlying bill already provides a \$20
million earmark for the eradication of EAB.** According to the USDA
Forest Service, the EAB is an exotic foreign pest from Asia that has
caused tens of billions in damage to the lumber and nursery industries
and landscapes.

**11.  *Bordallo (D-GU).*** Decreases by \$1 million, funding for the
National Research Initiative (currently funded at \$190 million) and
increases by \$1 million, funds for the Resident Instruction Grants
Program for Institutions of Higher Education in the Insular Areas. The
insular area program gives grants to educational institutions for food
and agricultural sciences education. The insular area program is funded
in the bill at \$500,000, and the amendment is a 200% increase on the
current appropriation. The President requested a funding level of
\$500,000.

Insular areas are U.S possessions that do not have statehood. The
insular areas include American Samoa, Guam, the Midway Islands, the
Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and Wake
Island.

**12.  Chabot (R-OH).** Prohibits funds made available from being used
to pay the salaries of any employee administering section 203 of the
Agriculture Trade Act (7 U.S.C 5623), or to pay the salaries and
expenses of personnel who carry out a market program under this section.

According to the sponsor, the amendment prevents the federal government
from subsidizing advertising and marketing for agricultural
associations, cooperatives, and state and local groups in overseas
markets.

**13.*  *Gutknecht (R-MN).*  ***Provides that none of the funds can be
used to implement the limitation of the wetlands reserve program found
in section 720 of the Act. The section reads:

> SEC. 720. No funds shall be used to pay salaries and expenses of the
> Department of Agriculture to carry out or administer the calendar year
> 2007 wetlands reserve program as authorized by 16 U.S.C. 3837 in
> excess of 144,776 acres.

In addition, corresponding funds are reduced for the Agricultural
Research Service buildings and facilities by \$65.32 million from \$140
million to \$74.681 million. Funds are reduced for the Cooperative State
Research, Education, and Extension Service by \$16.681 million (from
\$651.606 million to \$634.925 million).

**14.  Johnson (R-IL).** Directs the Department of Agriculture to ask
the National Academy of Sciences to study the nutritional value of foods
purchased with food stamps and recommend guidelines for future
incentives to influence food purchases and consumption with food stamps.
According to the sponsor's office, the amendment will most likely not be
offered.

**15. Paul (R-TX).** Prohibits funds from being used to implement or
administer the National Animal Identification System. This appears to
the same amendment as Paul #4, listed in the Congressional Record.

**16. Latham (R-IA).** Prohibits funds from being used to pay salaries
and expenses of personnel who implement or administer section 508(e)(3)
of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(3)) (regarding
conditions for crop insurance premium reductions) or any regulation,
bulletin, policy, or agency guidance issued pursuant to such section for
the 2007 and the 2008 reinsurance years, except that funds are available
to administer such section for policies for those producers who, before
the date of the enactment of this Act, had in effect a crop year 2006
crop insurance policy from a company eligible for the opportunity to
offer a premium reduction under such section for the 2006 reinsurance
year. *This amendment is likely subject to a point of order.*

**17.** **Kennedy (R-MN).** Decreases funds for the National Agriculture
Statistics Service by \$500,000 (from \$148.7 million to \$148.2
million) and increases funds for the Animal and Plant Health Inspection
Service by \$500,000 (from \$898.1 million to \$898.6 million). *Note:
the National Animal Identification Service is funded under the Animal
and Plant Health Inspection Service.*

**18. *Holt (D-NJ)*.** Decreases funds for the operation, maintenance,
improvement, and repair of Agriculture Department buildings and
facilities by \$3.145 million (from \$209.8 million to \$206.7 million),
and increases funds for integrated research, education, and extension
grants programs by \$3.145 million (from \$55.2 million to \$58.4
million). The amendment then pinpoints this \$3.145 million increase in
research funding specifically for the program that helps farmers
transition to organic farming (from \$1.9 million to \$5.0 million).

**Amendments Not Pre-printed in the *Congressional Record***

**Tiahrt (R-KS).** Prohibits funds from being used to promulgate
regulations without consideration of the effect of such regulations on
the competitiveness of American businesses. *This amendment is subject
to a point of order. The amendment sponsor will offer the amendment,
discuss the issue, and withdraw the amendment.*

**Garrett (R-NJ)**. Provides that none of available funds may be used to
send or otherwise pay for the attendance of more than 50 employees from
a federal department or agency at any single conference occurring
outside the U.S. In addition, the amendment provides that not more than
\$8,167,978 (FY01 level), may be obligated or expended by a department
or agency for the purpose of sending or otherwise paying for employees
from the department or agency to attend conferences occurring outside
the U.S.

According to documents obtained by Senator Tom Coburn's office,
conference expenditures for the Department of Agriculture rose from
\$8.2 million in 2001 to \$10.2 million in 2005, a 49% increase. See the
attached PDF for more on agency conference spending.

**Garrett (R-NJ).** Prohibits funds to be expended under the Food Stamp
Program in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183a). This section of the Immigration and
Nationality Act discusses admission qualifications for aliens and
sponsorship. Specifically, the Act states that sponsors of
incoming-aliens must sign an affidavit that the immigrant will not
become dependent on Welfare programs for a certain number of years or
until they become a US citizen, whichever comes first. Upon notification
that a sponsored alien has received any means-tested public benefit, the
appropriate nongovernmental entity which provided such benefit or the
appropriate entity of the Federal Government, a State, or any political
subdivision of a State shall request reimbursement by the sponsor in an
amount which is equal to the unreimbursed costs of such benefit. A
similar amendment was offered last year and failed 169-258.
[[http://clerk.house.gov/evs/2005/roll237.xml]{.underline}](http://clerk.house.gov/evs/2005/roll237.xml).

***Kucinich (D-OH).*** Decreases funds for the Agriculture Secretary's
Office by one dollar. The amendment sponsor reports that this symbolic
reduction will be to "raise an objection to the *de facto* removal of
consumer/public interest representation from the National Organic
Standards Board."

***Baca (D-CA)/Butterfield (D-NC)/Thompson (D-MS)/Hinojosa (D-TX).***
Increases funds for the Socially Disadvantaged Farmer and Rancher Grant
Program by \$100,000 (from \$6.9 million to \$7.0 million), increases
funds for the agricultural research programs at Hispanic Serving
Institutions by \$700,000 (from \$5.9 million to \$6.6 million), and
decreases funds for competitive research grants by \$800,000 (from \$190
million to \$189.2 million). *Note: The RSC Budget proposed the
termination of all funding for the Socially Disadvantaged Farmer
program.*

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