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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 II**

The following contains information on amendments provided for in the UC
agreement.

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

Paul Teller; <paul.teller@mail.house.gov>; x6-9718

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

Marcus Kelley; <marcus.kelley@mail.house.gov>; x6-9717

Sheila Cole; <sheila.cole@mail.house.gov>; x6-9719

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

***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)

***Slaughter (D-NY).*** According to the UC agreement, this amendment is
regarding funding for the Center for Veterinary Medicine. However, the
sponsor's office did not provide the text of the amendment or talking
points.

[]{.mark}

***Bonilla (R-TX).*** The UC made in order a Bonilla amendment regarding
overall funding levels. The sponsor has indicated he will only offer
this amendment if corrections are needed at the end of debate.

**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 was withdrawn.**

**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. **A recorded vote was
requested on this amendment.**

**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.* **This amendment was
withdrawn.**

**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.
**A recorded vote was requested on this amendment.**

**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.* **This amendment was withdrawn.**

**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.

**Sweeney (R-NY).** According to the UC agreement, this amendment is
regarding a funding limitation on examination, inspection, and
processing of horses. However, the sponsor's office did not provide the
text of the amendment or talking points.

***Weiner (D-NY)*/ Schwarz (R-MI).** Increases funds for the Animal and
Plant Health Inspection Service (APHIS) by \$23 million (from \$898.1
million to \$921.1 million) and decreases funds for the common computing
environment account (which funds computer system upgrades for the
Agriculture Department) by \$25.576 million (from \$69.0 million to
\$43.4 million). This top-line reduction is broken down into reductions
for rural development activities, Natural Resource Conservation
Service-related activities, and Farm Service Agency-related activities.
A similar amendment increasing funds for APHIS last year (H.Amdt. 227)
passed by a vote of 226-201:
[[http://clerk.house.gov/evs/2005/roll230.xml]{.underline}](http://clerk.house.gov/evs/2005/roll230.xml).
**A recorded vote was requested for this amendment.**

**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. **This amendment was agreed to by voice vote.**

**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. **A recorded vote was requested for this amendment.**

**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.

**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).

***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.* **This amendment was agreed to by voice vote.**

**Gerlach (R-PA).** Prohibits funds from being used to implement the
funding limitation in the underlying bill for the Farm and Ranch Lands
Protection Program. This would have the effect of increasing funds for
this program by \$23.5 million (from \$50.0 million to \$73.5 million).
The amendment would also decrease funds for the common computing
environment account (which funds computer system upgrades for the
Agriculture Department) by \$23.5 million (from \$69.0 million to \$45.5
million).

**Reichert (R-WA).** Prohibits funds from being used to implement a
recent USDA producer-handler rule (part 1124 of title 7, Code of Federal
Regulations) for dairy farms that produce less than nine million pounds
of milk per month.

The USDA published a final rule effective April 1, 2006
([[http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1587.htm]{.underline}](http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1587.htm)),
which establishes a [3 million pounds-per-month route disposition
limit]{.underline} for a producer-handler exemption, both in the Pacific
Northwest and the Arizona-Las Vegas order areas. In other words,
producer-handlers disposing of more than 3 million pounds, are not
exempted from pooling and pricing provisions of federal law. According
to CRS, this rule final USDA regulation would affect at least three
large producer handlers in the Pacific Northwest, as well as Arizona
producer-handler Hein Hettinga. Although the USDA regulation allows only
those with up to 3 million pounds to be exempt, the amendment
essentially would prohibit USDA from enforcing this rule against those
who dispose of between 3 and 9 million pounds a month. \[The House
recently addressed certain milk pricing rules when it passed S. 2120.\]
For additional information, please see this CRS report
[[http://www.congress.gov/erp/ib/pdf/IB97011.pdf]{.underline}](http://www.congress.gov/erp/ib/pdf/IB97011.pdf).

**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).

***Engel (D-NY).*** Prohibits funds in this bill from being used to
acquire a motor vehicle (as defined in section 301 of the Energy Policy
Act of 1992 (42 U.S.C. 13211) other than an alternative fueled vehicle
(as defined in such section). An alternative fueled vehicle would be a
vehicle powered at least in part by "methanol, denatured ethanol, and
other alcohols; mixtures containing 85 percent or more (or such other
percentage, but not less than 70 percent, as determined by the
Secretary, by rule, to provide for requirements relating to cold start,
safety, or vehicle functions) by volume of methanol, denatured ethanol,
and other alcohols with gasoline or other fuels; natural gas, including
liquid fuels domestically produced from natural gas; liquefied petroleum
gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol)
derived from biological materials; electricity (including electricity
from solar energy); and any other fuel the Secretary determines, by
rule, is substantially not petroleum and would yield substantial energy
security benefits and substantial environmental benefits." **This
amendment was agreed to by voice vote.**

**Jackson-Lee (D-TX).** Provides that none of the funds may be used to
deny or delay compensation to individuals filing claims to be satisfied
out of the settlement fund approved by the court April 14, 1999 in
*Pigford v Glickman*, 185 F.R.D. 82 (D.D.C. 1999). According to the
sponsor, "Thousands of minority farmers say they were left out of a
landmark 1999 civil rights case stemming from years of being denied farm
loans from the U.S. Department of Agriculture. ... *Pigford v. Glickman*
is a class action lawsuit brought by African American farmers in 1999
who alleged that USDA discriminated against them on the basis of their
race in its farm credit and non-credit benefit programs. ... This
amendment emphasizes existing policy in the Department of Agriculture
that no funds may be used to in any way deny these farmers the
compensation they rightfully deserve."

**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.

***Boren (D-OK).*** Provides that none of the funds made available for
the Agricultural Research Service may be obligated or expended to
reprogram programs and resources currently operating at Lane, Oklahoma.
According to the sponsor, the President's FY07 budget proposes redirects
the \$2 million and 30 personnel currently at Lane to other ARS
locations. This amendment would prevent this from occurring.

***Gordon (D-TN).*** According to the UC agreement, this amendment is
regarding energy standards for federal buildings. However, the office
did not provide the text of the amendment or the talking points. **This
amendment was agreed to by voice vote.**

**The following Flake amendments deal with provisions found in the
Committee Report, commonly called earmarks.**

**Flake (R-AZ) #1**. Regarding \$229,000 for funding for dairy education
in IA.

**Flake (R-AZ) #2**. Regarding \$350,000 for funding for fruit and
vegetable market analysis in AZ, MO.

**Flake (R-AZ) #3**. Regarding \$579,000 for funding for the Food
Marketing Policy Center in CT.

**Flake (R-AZ) #4**. Regarding \$726,000 for funding for greenhouse
nurseries in OH.

**Flake (R-AZ) #5**. Regarding \$900,000 for funding for aquaculture in
OH.

**Flake (R-AZ) #6**. Regarding \$180,000 for hydroponic tomato
production in OH.

**Flake (R-AZ) #7**. Regarding \$6,371,000 for wood utilization in OR,
MS, NC, MN, ME, MI, ID, TN, AK, WV.

**Flake (R-AZ) #8**. Regarding \$100,000 for the National Grape and Wine
Initiative in CA.

**Flake (R-AZ) #9**. Regarding \$1,247,000 for Income Enhancement
Demonstration in OH.

**Flake (R-AZ) #10**. Regarding \$874,244 for Appalachian Horticulture
Research in Mississippi.

**Flake (R-AZ) #11**. Regarding \$679,000 for the Competitiveness of
Agriculture Products in WA.

**Flake (R-AZ) #12.** Regarding \$455,000 for Value-added Product
Development for Agriculture Resources in MT.

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