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Agriculture, relating to rural development or farm loan 
programs. 
SEC. 740. Of the unobligated balances under section 
32 of the Act of August 24, 1935, $9,900,000 are hereby 
rescinded. 
SEC. 741. None of the funds made available under this 
Act shall be available to pay the administrative expenses 
of a State agency that, after the date of enactment of this 
Act and prior to receiving certification in accordance with 
the provisions set forth in section 17(h)(11)(E) of the Child 
Nutrition Act of 1966, authorizes any new for-profit ven-
dor(s) to transact food instruments under the Special Sup-
plemental Nutrition Program for Women, Infants, and 
Children (WIC) if it is expected that more than 50 percent 
of the annual revenue of the vendor from the sale of food 
items will be derived from the sale of supplemental foods 
that are obtained with WIC food instruments, except that 
the Secretary may approve the authorization of such a ven-
dor if the approval is necessary to assure participant access 
to program benefits. 
SEC. 742. (a) Subject to subsection (b), none of the 
funds made available in this Act may be used to— 
(1) grant a waiver of a financial conflict of in-
terest requirement pursuant to section 505(n)(4) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
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355(n)(4)) for any voting member of an advisory 
committee or panel of the Food and Drug Adminis-
tration; or 
(2) make a certification under section 208(b)(3) 
of title 18, United States Code, for any such voting 
member. 
(b) Subsection (a) shall not apply to a waiver or cer-
tification if— 
(1)(A) not later than 15 days prior to a meeting 
of an advisory committee or panel to which such 
waiver or certification applies, the Secretary of 
Health and Human Services discloses on the Internet 
website of the Food and Drug Administration— 
(i) the nature of the conflict of interest at 
issue; and 
(ii) the nature and basis of such waiver or 
certification (other than information exempted 
from disclosure under section 552 of title 5, 
United States Code); or 
(B) in the case of a conflict of interest that be-
comes known to the Secretary less than 15 days prior 
to a meeting to which such waiver or certification ap-
plies, the Secretary shall make such public disclosure 
as soon as possible thereafter, but in no event later 
than the date of such meeting; and
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(2)(A) not later than 15 days prior to a meeting 
of an advisory committee or panel, the Secretary of 
Health and Human Services discloses on the Internet 
website of the Food and Drug Administration— 
(i) any recusal due to the potential for con-
flict of interest, and 
(ii) the nature of the conflict of interest at 
issue 
(other than information exempted from disclosure 
under section 552 of title 5, United States Code); or 
(B) in the case of a recusal that becomes known 
to the Secretary less than 15 days prior to a meeting 
to which such recusal applies, the Secretary shall 
make such public disclosure as soon as possible there-
after, but in no event later than the date of such meet-
ing. 
(c) None of the funds made available in this Act may 
be used to make a new appointment to an advisory com-
mittee or panel of the Food and Drug Administration un-
less the Commissioner of Food and Drugs submits a semi- 
annual report to the Inspector General of the Department 
of Health and Human Services and the Committees on Ap-
propriations of the House and Senate, the Energy and 
Commerce Committee of the House, and the Health, Edu-
cation, Labor, and Pensions Committee of the Senate on
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the efforts made to identify qualified persons for such ap-
pointments with minimal or no potential conflicts of inter-
est. 
Such report must include a description (that identifies 
no individual by name or affiliation), by advisory com-
mittee or panel, of the types of experts sought, the number 
of candidates considered, the number of those candidates 
willing to serve, the number of those willing to serve who 
have no or low involvement as specified in the FDA Waiver 
Criteria 2000 document, the number of new appointees that 
have no or low involvement as specified in the FDA Waiver 
Criteria 2000 document, the number of vacancies remain-
ing, the number of meetings and waivers granted by type 
of meeting, and, when an individual who has a medium 
or high involvement as specified in the FDA Waiver Cri-
teria 2000 document is appointed, the rationale for such 
appointment. 
SEC. 743. Section 514(f)(3) of the Housing Act of 1949 
is amended by inserting ‘‘or the processing of such commod-
ities’’ after ‘‘unprocessed stage’’. 
SEC. 744. Starting in fiscal year 2006, the Secretary 
shall administer the Farm and Ranchland Protection Pro-
gram exclusively in accordance with 7 CFR Part 1491 as 
published on May 16, 2003.
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SEC. 745. (a) Notwithstanding any other provision of 
law, and until the receipt of the decennial Census in the 
year 2010, the Secretary of Agriculture shall consider— 
(1) the City of Lake City, Florida and the City 
of Parsons, Kansas rural areas for purposes of eligi-
bility for Rural Utilities Service water and waste 
water loans and grants; 
(2) the City of Lansing, Kansas a rural area for 
purposes of eligibility for Rural Housing Service pro-
grams, and the City of Leavenworth, Kansas and the 
City of Lansing, Kansas as separate geographic enti-
ties for purposes of Rural Development grants and 
loans; 
(3) the City of Vineland, New Jersey and the 
City of Millville, New Jersey, and urbanized areas 
contiguous and adjacent to both cities, (including in-
dividuals and entities with projects within these cities 
and areas) as eligible for all Rural Business Program 
loans and grants except rural development (inter-
mediary relending) loans authorized by section 1323 
of the Food Security Act of 1985 and rural economic 
development loans and grants authorized by section 
313 of the Rural Electrification Act of 1936, as 
amended (7 U.S.C. 940C);
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(4) the City of Celina, Ohio and the City of Ash-
tabula, Ohio as eligible for the purposes of Rural De-
velopment grants and loans; 
(5) the Gooseberry Lake Project in the State of 
Iowa as eligible for the Rural Utilities Service water 
and wastewater loans and grant program including 
the purchase of land and moving of utilities; and 
(6) the Cities of Alamo, Mercedes, Weslaco, and 
Donna in the State of Texas as eligible for the pur-
poses of Rural Development grants and loans. 
SEC. 746. Of the appropriations available for pay-
ments for the nutrition and family education program for 
low-income areas under section 3(d) of the Smith-Lever Act 
(7 U.S.C. 343(d)), if the payment allocation pursuant to 
section 1425(c) of the National Agricultural Research, Ex-
tension, and Teaching Policy Act of 1977 (7 U.S.C. 
3175(c)) would be less than $100,000 for any institution 
eligible under section 3(d)(2) of the Smith-Lever Act, the 
Secretary shall adjust payment allocations under section 
1425(c) of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 to ensure that each insti-
tution receives a payment of not less than $100,000. 
SEC. 747. There is hereby appropriated $4,000,000, to 
remain available until expended, for a grant to the Na-
tional Center for Natural Products Research for construc-
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HR 5384 RS 
tion or renovation to carry out the research objectives of 
the natural products research grant issued by the Food and 
Drug Administration. 
SEC. 748. None of the funds made available by this 
or any other Act shall be used to transfer funds or assess 
charges or fees in excess of 5 percent from any program, 
project, or activity funded under the Animal and Plant 
Health Inspection Service. 
SEC. 749. There is hereby appropriated $1,000,000 to 
continue section 791 of Public Law 109–97. 
SEC. 750. Notwithstanding any other provision of law, 
the service areas being acquired by Mid-Kansas Electric Co-
operative shall be considered eligible for financing under 
the provisions of the Rural Electrification Act of 1936, as 
amended. 
SEC. 751. Section 759 of Public Law 106–78 (7 U.S.C. 
3242) is amended— 
(1) in subsection (a)(3), by striking ‘‘2006’’ and 
inserting ‘‘2011’’; and 
(2) in subsection (b)(3), by striking ‘‘2006’’ and 
inserting ‘‘2011’’. 
SEC. 752. The Agricultural Trade Act of 1978 (7 
U.S.C. 5601 et seq.) is amended— 
(1) in section 202 (7 U.S.C. 5622)— 
(A) by striking subsections (b) and (c);
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(B) by redesignating subsections (d) through 
(l) as subsections (b) through (j), respectively; 
(C) in subsection (b) (as redesignated by 
subparagraph (B))— 
(i) in paragraph (2), by inserting 
‘‘and’’ after ‘‘exports;’’; 
(ii) in paragraph (3)(B), by striking 
‘‘commodities; and’’ and inserting ‘‘com-
modities.’’; and 
(iii) by striking paragraph (4); 
(D) in subsection (d) (as redesignated by 
subparagraph (B))— 
(i) by striking ‘‘(1) IN GENERAL.—’’; 
and 
(ii) by striking paragraph (2); and 
(E) in subsection (g)(2) (as redesignated by 
subparagraph (B)), by striking ‘‘subsections (a) 
and (b)’’ and inserting ‘‘subsection (a)’’; and 
(2) in section 211(b) (7 U.S.C. 5641(b))— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) EXPORT CREDIT 
GUARANTEES.—’’; and 
(ii) by striking ‘‘subsections (a) and 
(b)’’ and inserting ‘‘subsection (a)’’; and 
(B) by striking paragraph (2).
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SEC. 753. Section 343 of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1991) is amended— 
(1) in subsection (a), by inserting ‘‘and, in the 
case of subtitle B, commercial fishing’’ before the pe-
riod at the end of each of paragraphs (1) and (2); 
and 
(2) by adding at the end the following: 
‘‘(c) DEFINITION OF FARM.—In subtitle B, the term 
‘farm’ includes a commercial fishing enterprise.’’. 
SEC. 754. (a) Section 1307(a)(6) of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7957(a)(6)) 
is amended— 
(1) in the first sentence, by striking ‘‘2006’’ and 
inserting ‘‘2007’’; and 
(2) in the second sentence, by striking ‘‘2007’’ 
and inserting ‘‘2008’’. 
(b) The authority provided by section 1307(a)(6) of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
7957(a)(6)), as amended by subsection (a), shall terminate 
beginning with the 2008 crop of peanuts, and shall be con-
sidered to have terminated notwithstanding section 257 of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 907). 
SEC. 755. TRAVEL RELATING TO COMMERCIAL SALES 
OF AGRICULTURAL AND MEDICAL GOODS. Section 910(a)
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of the Trade Sanctions Reform and Export Enhancement 
Act of 2000 (22 U.S.C. 7209(a)) is amended to read as fol-
lows: 
‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO COM-
MERCIAL
SALES
OF
AGRICULTURAL
AND
MEDICAL 
GOODS.—The Secretary of the Treasury shall promulgate 
regulations under which the travel-related transactions list-
ed 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 confer-
ring, exhibiting, marketing, planning, sales negotiation, de-
livery, expediting, facilitating, or servicing commercial ex-
port sale of agricultural and medical goods pursuant to the 
provisions of this title.’’. 
SEC. 756. ADDITIONAL AMOUNTS FOR VETERANS. For 
an additional amount for ‘‘General Operating Expenses’’ 
for necessary expenses to respond to the data theft at the 
Department of Veterans Affairs and to provide remedial as-
sistance to veterans who have had personal data stolen from 
the Department of Veterans Affairs, $160,000,000: Pro-
vided, That the amount provided in this section is des-
ignated as an emergency requirement pursuant to section 
402 of S. Con. Res. 83 (109th Congress), the concurrent res-
olution on the budget for fiscal year 2007, as made applica-
ble in the Senate by section 7035 of Public Law 109–234.
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SEC. 757. (a) The Senate finds that— 
(1) the United States cattle industry produces 
abundant, safe, and healthful food for consumers in 
the United States and around the world; 
(2) Japan prohibited imports of beef from the 
United States during the period beginning December 
2003 and ending December 2005, after a single case 
of Bovine Spongiform Encephalopathy (BSE, or 
‘‘mad cow disease’’) was found in a Canadian-born 
animal in Washington State; 
(3) the United States has implemented and 
maintained a BSE surveillance and safeguard pro-
gram that exceeds the internationally recognized 
standards of the World Organization for Animal 
Health (OIE) for BSE control, eradication, and test-
ing to protect human and animal health; 
(4) the United States and the Government of 
Japan concluded an agreement on December 12, 2005, 
that established the conditions under which beef ex-
ports to Japan could resume; 
(5) as a result of errors by a single United States 
exporter certified to sell beef to Japan and inadequate 
oversight by the Department of Agriculture, a single 
shipment of United States beef was found to be non-
compliant with the terms of the agreement resulting
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in a suspension of all United States beef exports to 
Japan; 
(6) the United States has taken substantive cor-
rective actions to ensure that United States beef ex-
ports to Japan are in full compliance with the terms 
of the agreement, fully disclosed the actions taken to 
the Government of Japan, and allowed Japanese offi-
cials the opportunity to review those actions and per-
sonally inspect and determine the eligibility of all 
United States beef processing plants certified for the 
export of beef to Japan; 
(7) notwithstanding the membership of Japan in 
the OIE and the commitment of Japan under the 
Agreement on the Application of Sanitary and 
Phytosanitary Measures of the World Trade Organi-
zation to apply sanitary and phytosanitary measures 
only to the extent necessary to protect human, ani-
mal, and plant health, based on scientific principles, 
Japan continues to maintain an unjustified suspen-
sion of imports of United States beef; and 
(8) the continued violation by Japan of the spir-
it and letter of the World Trade Organization com-
mitments of Japan has resulted in the cumulative 
economic loss to the United States beef industry of
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approximately $6,300,000,000 and current annual 
economic trade losses of $3,140,000,000 per year. 
(b) It is the sense of the Senate that if, by the date 
of enactment of this Act, Japan does not permit the impor-
tation of beef from the United States, additional tariffs on 
selected articles that are grown by, the products of, or man-
ufactured by Japan and that enter the customs territory 
of the United States should be imposed until Japan permits 
the importation of beef from the United States. 
TITLE VIII—EMERGENCY AGRI-
CULTURAL DISASTER ASSIST-
ANCE 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Emergency Farm Relief 
Act of 2006’’. 
SEC. 802. DEFINITIONS. 
In this title: 
(1) ADDITIONAL
COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in 
section 502(b)(1) of the Federal Crop Insurance Act 
(7 U.S.C. 1502(b)(1)). 
(2) DISASTER
COUNTY.—The term ‘‘disaster 
county’’ means—
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(A) a county included in the geographic 
area covered by a natural disaster declaration; 
and 
(B) each county contiguous to a county de-
scribed in subparagraph (A). 
(3) HURRICANE-AFFECTED COUNTY.—The term 
‘‘hurricane-affected county’’ means— 
(A) a county included in the geographic 
area covered by a natural disaster declaration 
related to Hurricane Katrina, Hurricane Rita, 
Hurricane Wilma, or a related condition; and 
(B) each county contiguous to a county de-
scribed in subparagraph (A). 
(4) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
ance under the Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.). 
(5) 
LIVESTOCK.—The 
term 
‘‘livestock’’ 
in-
cludes— 
(A) cattle (including dairy cattle); 
(B) bison; 
(C) sheep; 
(D) swine; and
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(E) other livestock, as determined by the 
Secretary. 
(6) NATURAL
DISASTER
DECLARATION.—The 
term ‘‘natural disaster declaration’’ means— 
(A) a natural disaster declared by the Sec-
retary— 
(i) during calendar year 2005 under 
section 321(a) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 
1961(a)); or 
(ii) during calendar year 2006 under 
that section, but for which a request was 
pending as of the date of enactment of this 
Act; or 
(B) a major disaster or emergency des-
ignated by the President— 
(i) during calendar year 2005 under 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 
et seq.); or 
(ii) during calendar year 2006 under 
that Act, but for which a request was pend-
ing as of the date of enactment of this Act. 
(7) 
NONINSURABLE
COMMODITY.—The 
term 
‘‘noninsurable commodity’’ means a crop for which
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the producers on a farm are eligible to obtain assist-
ance under section 196 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 7333). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
Subtitle A—Agricultural 
Production Losses 
SEC. 811. CROP DISASTER ASSISTANCE. 
(a) IN GENERAL.—The Secretary shall use such sums 
as are necessary of funds of the Commodity Credit Corpora-
tion to make emergency financial assistance authorized 
under this section available to producers on a farm that 
have incurred qualifying losses described in subsection (c). 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall make assist-
ance available under this section in the same manner 
as provided under section 815 of the Agriculture, 
Rural Development, Food and Drug Administration 
and Related Agencies Appropriations Act, 2001 (Pub-
lic Law 106–387; 114 Stat. 1549A–55), including 
using the same loss thresholds for quantity and eco-
nomic losses as were used in administering that sec-
tion, except that the payment rate shall be 50 percent 
of the established price, instead of 65 percent.
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(2) NONINSURED PRODUCERS.—Except as pro-
vided in paragraph (3), for producers on a farm that 
were eligible to acquire crop insurance for the appli-
cable production loss and failed to do so or failed to 
submit an application for the noninsured assistance 
program for the loss, the Secretary shall make assist-
ance in accordance with paragraph (1), except that 
the payment rate shall be 35 percent of the established 
price, instead of 50 percent. 
(3) LOSS THRESHOLDS FOR QUALITY LOSSES.— 
In the case of a payment for quality loss for a crop 
under subsection (c)(2), the loss thresholds for quality 
loss for the crop shall be determined under subsection 
(d). 
(c) QUALIFYING LOSSES.—Assistance under this sec-
tion shall be made available to producers on farms, other 
than producers of sugar cane and sugar beets, that incurred 
qualifying quantity or quality losses for— 
(1) the 2005 crop due to damaging weather or 
any related condition (including losses due to crop 
diseases, insects, and delayed harvest), as determined 
by the Secretary; and 
(2) the 2006 crop due to flooding in California, 
Hawaii, and Vermont that occurred prior to the date 
of enactment of this Act and for which a petition for
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a disaster designation has been filed with the Sec-
retary not later than that date. 
(d) QUALITY LOSSES.— 
(1) IN GENERAL.—Subject to paragraph (3), the 
amount of a payment made to producers on a farm 
for a quality loss for a crop under subsection (c)(2) 
shall be equal to the amount obtained by multi-
plying— 
(A) 65 percent of the payment quantity de-
termined under paragraph (2); by 
(B) 50 percent of the payment rate deter-
mined under paragraph (3). 
(2) PAYMENT
QUANTITY.—For the purpose of 
paragraph (1)(A), the payment quantity for quality 
losses for a crop of a commodity on a farm shall 
equal the lesser of— 
(A) the actual production of the crop af-
fected by a quality loss of the commodity on the 
farm; or 
(B) the quantity of expected production of 
the crop affected by a quality loss of the com-
modity on the farm, using the formula used by 
the Secretary to determine quantity losses for the 
crop of the commodity under subsection (c)(1).
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(3) PAYMENT RATE.—For the purpose of para-
graph (1)(B) and in accordance with paragraphs (5) 
and (6), the payment rate for quality losses for a crop 
of a commodity on a farm shall be equal to the dif-
ference between— 
(A) the per unit market value that the units 
of the crop affected by the quality loss would 
have had if the crop had not suffered a quality 
loss; and 
(B) the per unit market value of the units 
of the crop affected by the quality loss. 
(4) ELIGIBILITY.—For producers on a farm to be 
eligible to obtain a payment for a quality loss for a 
crop under subsection (c)(2), the amount obtained by 
multiplying the per unit loss determined under para-
graph (1) by the number of units affected by the qual-
ity loss shall be at least 25 percent of the value that 
all affected production of the crop would have had if 
the crop had not suffered a quality loss. 
(5) MARKETING CONTRACTS.—In the case of any 
production of a commodity that is sold pursuant to 
1 or more marketing contracts (regardless of whether 
the contract is entered into by the producers on the 
farm before or after harvest) and for which appro-
priate documentation exists, the quantity designated
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in the contracts shall be eligible for quality loss assist-
ance based on the 1 or more prices specified in the 
contracts. 
(6) OTHER PRODUCTION.—For any additional 
production of a commodity for which a marketing 
contract does not exist or for which production con-
tinues to be owned by the producer, quality losses 
shall be based on the average local market discounts 
for reduced quality, as determined by the appropriate 
State committee of the Farm Service Agency. 
(7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 
The appropriate State committee of the Farm Service 
Agency shall identify the appropriate quality adjust-
ment and discount factors to be considered in car-
rying out this subsection, including— 
(A) the average local discounts actually ap-
plied to a crop; and 
(B) the discount schedules applied to loans 
made by the Farm Service Agency or crop insur-
ance coverage under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE PRODUCTION.—The Secretary shall 
carry out this subsection in a fair and equitable man-
ner for all eligible production, including the produc-
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tion of fruits and vegetables, other specialty crops, 
and field crops. 
(e) TIMING.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall make payments to producers on a 
farm for a crop under this section not later than 60 
days after the date the producers on the farm submit 
to the Secretary a completed application for the pay-
ments. 
(2) INTEREST.—If the Secretary does not make 
payments to the producers on a farm by the date de-
scribed in paragraph (1), the Secretary shall pay to 
the producers on a farm interest on the payments at 
a rate equal to the current (as of the sign-up deadline 
established by the Secretary) market yield on out-
standing, marketable obligations of the United States 
with maturities of 30 years. 
SEC. 812. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.— 
(1) USE OF COMMODITY CREDIT CORPORATION 
FUNDS.—Effective beginning on the date of enactment 
of this Act, the Secretary shall use funds of the Com-
modity Credit Corporation to carry out the 2002 
Livestock Compensation Program announced by the 
Secretary on October 10, 2002 (67 Fed. Reg. 63070),
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to provide compensation for livestock losses during 
calendar years 2005 and 2006 for losses that occurred 
prior to the date of enactment of this Act (including 
wildfire disaster losses in the State of Texas and other 
States) due to a disaster, as determined by the Sec-
retary, except that the payment rate shall be 75 per-
cent of the payment rate established for the 2002 
Livestock Compensation Program. 
(2) ELIGIBLE APPLICANTS.—In carrying out the 
program described in paragraph (1), the Secretary 
shall provide assistance to any applicant that— 
(A)(i) conducts a livestock operation that is 
located in a disaster county, including any ap-
plicant conducting a livestock operation with eli-
gible livestock (within the meaning of the live-
stock assistance program under section 101(b) of 
division B of Public Law 108–324 (118 Stat. 
1234)); or 
(ii) produces an animal described in section 
10806(a)(1) of the Farm Security and Rural In-
vestment Act of 2002 (21 U.S.C. 321d(a)(1)); 
and 
(B) meets all other eligibility requirements 
established by the Secretary for the program.
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(3) MITIGATION.—In determining the eligibility 
for or amount of payments for which a producer is 
eligible under the livestock compensation program, the 
Secretary shall not penalize a producer that takes ac-
tions (recognizing disaster conditions) that reduce the 
average number of livestock the producer owned for 
grazing during the production year for which assist-
ance is being provided. 
(b) LIVESTOCK INDEMNITY PAYMENTS.— 
(1) IN GENERAL.—The Secretary shall use such 
sums as are necessary of funds of the Commodity 
Credit Corporation to make livestock indemnity pay-
ments to producers on farms that have incurred live-
stock losses during calendar years 2005 and 2006 for 
losses that occurred prior to the date of enactment of 
this Act (including wildfire disaster losses in the 
State of Texas and other States) due to a disaster, as 
determined by the Secretary, including losses due to 
hurricanes, floods, anthrax, and wildfires. 
(2) PAYMENT RATES.—Indemnity payments to a 
producer on a farm under paragraph (1) shall be 
made at a rate of not less than 30 percent of the mar-
ket value of the applicable livestock on the day before 
the date of death of the livestock, as determined by the 
Secretary.
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(c) EWE LAMB REPLACEMENT AND RETENTION.— 
(1) IN
GENERAL.—The Secretary shall use 
$13,000,000 of funds of the Commodity Credit Cor-
poration to make payments under the Ewe Lamb Re-
placement and Retention Payment Program under 
part 784 of title 7, Code of Federal Regulations (or 
a successor regulation) for each qualifying ewe lamb 
retained or purchased during the period beginning on 
January 1, 2006, and ending on December 31, 2006. 
(2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 
producer that receives assistance under this subsection 
shall not be eligible to receive assistance under sub-
section (a). 
SEC. 813. FLOODED CROP AND GRAZING LAND. 
(a) IN GENERAL.—The Secretary shall compensate eli-
gible owners of flooded crop and grazing land in— 
(1) the Devils Lake basin; and 
(2) the McHugh, Lake Laretta, and Rose Lake 
closed drainage areas of the State of North Dakota. 
(b) ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to receive com-
pensation under this section, an owner shall own land 
described in subsection (a) that, during the 2 crop 
years preceding receipt of compensation, was rendered 
incapable of use for the production of an agricultural
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commodity or for grazing purposes (in a manner con-
sistent with the historical use of the land) as the re-
sult of flooding, as determined by the Secretary. 
(2) INCLUSIONS.—Land described in paragraph 
(1) shall include— 
(A) land that has been flooded; 
(B) land that has been rendered inaccessible 
due to flooding; and 
(C) a reasonable buffer strip adjoining the 
flooded land, as determined by the Secretary. 
(3) ADMINISTRATION.—The Secretary may estab-
lish— 
(A) reasonable minimum acreage levels for 
individual parcels of land for which owners may 
receive compensation under this section; and 
(B) the location and area of adjoining 
flooded land for which owners may receive com-
pensation under this section. 
(c) SIGN-UP.—The Secretary shall establish a sign-up 
program for eligible owners to apply for compensation from 
the Secretary under this section. 
(d) COMPENSATION PAYMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), the rate of an annual compensation payment 
under this section shall be equal to 90 percent of the
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average annual per acre rental payment rate (at the 
time of entry into the contract) for comparable crop 
or grazing land that has not been flooded and re-
mains in production in the county where the flooded 
land is located, as determined by the Secretary. 
(2) REDUCTION.—An annual compensation pay-
ment under this section shall be reduced by the 
amount of any conservation program rental payments 
or Federal agricultural commodity program pay-
ments received by the owner for the land during any 
crop year for which compensation is received under 
this section. 
(3) EXCLUSION.—During any year in which an 
owner receives compensation for flooded land under 
this section, the owner shall not be eligible to partici-
pate in or receive benefits for the flooded land 
under— 
(A) the Federal crop insurance program es-
tablished under the Federal Crop Insurance Act 
(7 U.S.C. 1501 et seq.); 
(B) the noninsured crop assistance program 
established under section 196 of the Federal Ag-
riculture Improvement and Reform Act of 1996 
(7 U.S.C. 7333); or
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(C) any Federal agricultural crop disaster 
assistance program. 
(e) RELATIONSHIP
TO AGRICULTURAL COMMODITY 
PROGRAMS.—The Secretary, by regulation, shall provide 
for the preservation of cropland base, allotment history, and 
payment yields applicable to land described in subsection 
(a) that was rendered incapable of use for the production 
of an agricultural commodity or for grazing purposes as 
the result of flooding. 
(f) USE OF LAND.— 
(1) IN GENERAL.—An owner that receives com-
pensation under this section for flooded land shall 
take such actions as are necessary to not degrade any 
wildlife habitat on the land that has naturally devel-
oped as a result of the flooding. 
(2) RECREATIONAL
ACTIVITIES.—To encourage 
owners that receive compensation for flooded land to 
allow public access to and use of the land for rec-
reational activities, as determined by the Secretary, 
the Secretary may— 
(A) offer an eligible owner additional com-
pensation; and 
(B) provide compensation for additional 
acreage under this section. 
(g) FUNDING.—
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(1) IN
GENERAL.—The Secretary shall use 
$6,000,000 of funds of the Commodity Credit Cor-
poration to carry out this section. 
(2) PRO-RATED PAYMENTS.—In a case in which 
the amount made available under paragraph (1) for 
a fiscal year is insufficient to compensate all eligible 
owners under this section, the Secretary shall pro-rate 
payments for that fiscal year on a per acre basis. 
SEC. 814. SUGAR BEET DISASTER ASSISTANCE. 
(a) 
IN
GENERAL.—The 
Secretary 
shall 
use 
$24,000,000 of funds of the Commodity Credit Corporation 
to provide assistance to sugar beet producers that suffered 
production losses (including quality losses) for the 2005 
crop year. 
(b) REQUIREMENT.—The Secretary shall make pay-
ments under subsection (a) in the same manner as pay-
ments were made under section 208 of the Agricultural As-
sistance Act of 2003 (Public Law 108–7; 117 Stat. 544), 
including using the same indemnity benefits as were used 
in carrying out that section. 
(c) HAWAII.—The Secretary shall use $6,000,000 of 
funds of the Commodity Credit Corporation to assist sugar-
cane growers in Hawaii by making a payment in that 
amount to an agricultural transportation cooperative in 
Hawaii, the members of which are eligible to obtain a loan
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under section 156(a) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272(a)). 
SEC. 815. BOVINE TUBERCULOSIS HERD INDEMNIFICATION. 
The Secretary shall use $2,000,000 of funds of the 
Commodity Credit Corporation to indemnify producers 
that suffered losses to herds of cattle due to bovine tuber-
culosis during calendar year 2005. 
SEC. 816. REDUCTION IN PAYMENTS. 
The amount of any payment for which a producer is 
eligible under this subtitle shall be reduced by any amount 
received by the producer for the same loss or any similar 
loss under— 
(1) the Department of Defense, Emergency Sup-
plemental Appropriations to Address Hurricanes in 
the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148; 119 Stat. 2680); 
(2) an agricultural disaster assistance provision 
contained in the announcement of the Secretary on 
January 26, 2006; or 
(3) the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hur-
ricane Recovery, 2006 (Public Law 109-234; 120 
Stat. 418).
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Subtitle B—Supplemental Nutrition 
and Agricultural Economic Dis-
aster Assistance 
SEC. 821. REPLENISHMENT OF SECTION 32. 
(a) DEFINITION OF SPECIALTY CROP.—In this section: 
(1) IN
GENERAL.—The term ‘‘specialty crop’’ 
means any agricultural crop. 
(2) EXCEPTION.—The term ‘‘specialty crop’’ does 
not include— 
(A) wheat; 
(B) feed grains; 
(C) oilseeds; 
(D) cotton; 
(E) rice; 
(F) peanuts; or 
(G) milk. 
(b) BASE STATE GRANTS.— 
(1) IN
GENERAL.—The Secretary shall use 
$25,000,000 of funds of the Commodity Credit Cor-
poration to make grants to the several States to be 
used to support activities that promote agriculture. 
(2) AMOUNTS.—The amount of the grants shall 
be $500,000 to each of the several States. 
(c) GRANTS FOR VALUE OF PRODUCTION.—The Sec-
retary shall use $74,500,000 of funds of the Commodity
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Credit Corporation to make a grant to each of the several 
States in an amount equal to the product obtained by mul-
tiplying— 
(1) the share of the State of the total value of 
specialty crop and livestock of the United States for 
the 2004 crop year, as determined by the Secretary; 
by 
(2) $74,500,000. 
(d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As a 
condition on the receipt of a grant under this section, a 
State shall agree to give priority to the support of specialty 
crops and livestock in the use of the grant funds. 
(e) USE OF FUNDS.—A State may use funds from a 
grant awarded under this section— 
(1) to supplement State food bank programs or 
other nutrition assistance programs; 
(2) to promote the purchase, sale, or consump-
tion of agricultural products; 
(3) to provide economic assistance to agricul-
tural producers, giving a priority to the support of 
specialty crops and livestock; or 
(4) for other purposes as determined by the Sec-
retary.
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SEC. 822. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall make a supplemental economic loss payment 
to— 
(1) any producers on a farm that received a di-
rect payment for crop year 2005 under title I of the 
Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 7901 et seq.); and 
(2) any dairy producer that was eligible to re-
ceive a payment during the 2005 calendar year under 
section 1502 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7982). 
(b) AMOUNT.— 
(1) COVERED COMMODITIES.—Subject to para-
graph (3), the amount of a supplemental economic 
loss payment made to the producers on a farm under 
subsection (a)(1) shall be equal to the product ob-
tained by multiplying— 
(A) 30 percent of the direct payment rate in 
effect for the covered commodity of the producers 
on the farm; 
(B) 85 percent of the base acres of the cov-
ered commodity of the producers on the farm; 
and 
(C) the payment yield for each covered com-
modity of the producers on the farm.
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(2) DAIRY PAYMENTS.— 
(A) 
DISTRIBUTION.—Supplemental 
eco-
nomic loss payments under subsection (a)(2) 
shall be distributed in a manner that is con-
sistent with section 1502 of the Farm and Rural 
Investment Act of 2002 (7 U.S.C. 7982). 
(B) MAXIMUM AMOUNT.—Subject to para-
graph (3), the total amount available for supple-
mental economic loss payments under subsection 
(a)(2) shall not exceed $147,000,000. 
(3) LIMITATIONS.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the Secretary shall ensure that no person re-
ceives supplemental economic loss payments 
under— 
(i) subsection (a)(1) in excess of the per 
person limitations applicable to a person 
that receives payments described in sub-
section (a)(1); and 
(ii) subsection (a)(2) in excess of the 
per dairy operation limitation applicable to 
producers on a dairy farm described in sub-
section (a)(2). 
(B) ADMINISTRATION.—In carrying out 
subparagraph (A), the Secretary—
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(i) shall establish separate limitations 
for supplemental economic loss payments 
received under this section; and 
(ii) shall not include the supplemental 
economic loss payments in applying pay-
ment limitations under section 1001 of the 
Food Security Act of 1985 (7 U.S.C. 1001) 
for payments made pursuant to the under-
lying normal operation of the program de-
scribed in subsection (a)(1) or section 1502 
of the Farm and Rural Investment Act of 
2002 (7 U.S.C. 7982). 
SEC. 823. EMERGENCY WATERSHED PROTECTION PRO-
GRAM. 
The Secretary shall use an additional $53,600,000 of 
funds of the Commodity Credit Corporation to carry out 
emergency measures identified by the Chief of the Natural 
Resources Conservation Service as of the date of enactment 
of this Act through the emergency watershed protection pro-
gram established under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203). 
Subtitle C—Conservation 
SEC. 831. NATURAL RESOURCES CONSERVATION SERVICE. 
(a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL CAR-
CASSES.—Notwithstanding any other provision of law, the
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Secretary, acting through the Natural Resources Conserva-
tion Service, using funds made available for the emergency 
watershed protection program established under section 403 
of the Agricultural Credit Act of 1978 (16 U.S.C. 2203), 
may provide financial and technical assistance to remove 
and dispose of debris and animal carcasses that could ad-
versely affect health and safety on non-Federal land in a 
hurricane-affected county. 
(b) AUTHORITY TO USE CERTAIN PRACTICES.—Not-
withstanding any other provision of law, the Secretary, act-
ing through the Natural Resources Conservation Service, 
may use direct check-writing practices and electronic trans-
fers to provide financial and technical assistance under the 
emergency watershed protection program established under 
section 403 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2203) in a hurricane-affected county. 
SEC. 832. EMERGENCY CONSERVATION PROGRAM. 
The Secretary shall use an additional $17,000,000 of 
funds of the Commodity Credit Corporation to carry out 
emergency measures identified by the Administrator of the 
Farm Service Agency as of the date of enactment of this 
Act through the emergency conservation program estab-
lished under title IV of the Agricultural Credit Act of 1978 
(16 U.S.C. 2201 et seq.).
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Subtitle D—Farm Service Agency 
SEC. 841. FUNDING FOR ADDITIONAL PERSONNEL. 
The Secretary shall use $13,400,000 of funds of the 
Commodity Credit Corporation to hire additional County 
Farm Service Agency personnel— 
(1) to expedite the implementation of, and deliv-
ery under, the agricultural disaster and economic as-
sistance programs under this title; and 
(2) as the Secretary determines to be necessary 
to carry out other agriculture and disaster assistance 
programs. 
Subtitle E—Miscellaneous 
SEC. 851. AUTHORITY TO PROVIDE IMMUNIZATIONS. 
Notwithstanding any other provision of law, the Sec-
retary of Defense may provide immunizations to employees 
of the Department of Agriculture involved in direct recovery 
work in a hurricane-affected county. 
SEC. 852. WAIVER OF CERTAIN PROVISIONS. 
Notwithstanding any other provision of law, the Sec-
retary may provide assistance in a hurricane-affected coun-
ty under the emergency conservation program established 
under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 et seq.) without regard to subtitle C of title 
XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 
seq.).
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SEC. 853. FUNDING. 
The Secretary shall use the funds, facilities, and au-
thorities of the Commodity Credit Corporation to carry out 
this title, to remain available until expended. 
SEC. 854. REGULATIONS. 
(a) IN GENERAL.—The Secretary may promulgate 
such regulations as are necessary to implement this title. 
(b) PROCEDURE.—The promulgation of the regulations 
and administration of this title shall be made without re-
gard to— 
(1) the notice and comment provisions of section 
553 of title 5, United States Code; 
(2) 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 
(3) chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’). 
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall 
use the authority provided under section 808 of title 5, 
United States Code.
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Subtitle F—Emergency Designation 
SEC. 861. EMERGENCY DESIGNATION. 
The amounts provided in this title are designated as 
an emergency requirement pursuant to section 402 of S. 
Con. Res. 83 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2007, as made applicable in the 
Senate by section 7035 of Public Law 109–234. 
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related 
Agencies Appropriations Act, 2007’’.
Calendar No. 477 
109TH CONGRESS 
2D SESSION 
H.R. 5384 
[Report No. 109–266] 
AN ACT 
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and 
Related Agencies programs for the fiscal year 
ending September 30, 2007, and for other pur-
poses. 
MAY 24, 2006 
Received; read twice and referred to the Committee on 
Appropriations 
JUNE 22, 2006 
Reported with an amendment