180 
HR 2744 PP 
‘‘(III) a handler (otherwise de-
scribed in clause (ii)) for any month 
during which— 
‘‘(aa) less than 25 percent of 
the total quantity of fluid milk 
products physically received at the 
plant of the handler (excluding 
concentrated milk received from 
another plant by agreement for 
other than Class I use) is disposed 
of as route disposition or is trans-
ferred in the form of packaged 
fluid milk products to other 
plants; or 
‘‘(bb) less than 25 percent in 
aggregate of the route disposition 
or transfers are in a marketing 
area or areas located in 1 or more 
States that require handlers to 
pay minimum prices for raw milk 
purchases. 
‘‘(N) EXEMPTION FOR CERTAIN MILK HAN-
DLERS.—Notwithstanding any other provision of 
this section, no handler with distribution of 
Class I milk products in the Arizona-Las Vegas
181 
HR 2744 PP 
marketing area (Order No. 131) shall be exempt 
during any month from any minimum milk 
price requirement established by the Secretary 
under this subsection if the total distribution of 
Class I products during the preceding month of 
any such handler’s own farm production that ex-
ceeds 3,000,000 pounds.’’. 
(b) Section 8c(11) of the Agricultural Adjustment Act 
(7 U.S.C. 608c(11)), reenacted with amendments by the Ag-
ricultural Marketing Agreement Act of 1937, is amended— 
(1) in subparagraph (C), by striking the last 
sentence; and 
(2) by adding at the end the following: 
‘‘(D) EXCLUSION
OF
NEVADA
FROM
FED-
ERAL MILK MARKETING ORDERS.—In the case of 
milk and its products, no county or other polit-
ical subdivision located in the State of Nevada 
shall be within a marketing area covered by any 
order issued under this section.’’. 
(c) Notwithstanding any other provision of this section 
or the amendments made by this section, a milk handler 
(including a producer-handler or producer operating as a 
handler) that is subject to regulation under this section or 
an amendment made by this section shall comply with any 
requirement under section 1000.27 of title 7, Code of Fed-
182 
HR 2744 PP 
eral Regulations (or a successor regulation) relating to re-
sponsibility of handlers for records or facilities. 
(d)(1) This section and the amendments made by this 
section take effect on the first day of the first month begin-
ning more than 15 days after the date of enactment of this 
Act. 
(2) To accomplish the expedited implementation sched-
ule for the amendment made by subsection (a), effective on 
the date of enactment of this Act, the Secretary of Agri-
culture shall ensure that the pool distributing plant provi-
sions of each Federal milk marketing order issued under 
section 8c(5)(B) of the Agricultural Adjustment Act (7 
U.S.C. 608c(5)(B)), reenacted with amendments by the Ag-
ricultural Marketing Agreement of 1937, provides that a 
handler described in section 8c(5)(M) of the Agricultural 
Adjustment Act, reenacted with amendments by the Agricul-
tural Marketing Agreement of 1937 (as added by subsection 
(a))), will be fully regulated by the order in which the dis-
tributing plant of the handler is located. 
(3) Implementation of this section and the amend-
ments made by this section shall not be subject to a ref-
erendum under section 8c(19) of the Agricultural Adjust-
ment Act (7 U.S.C. 608c(19)), reenacted with amendments 
by the Agricultural Marketing Agreement Act of 1937.
183 
HR 2744 PP 
SEC. 780. (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. 
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) 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— 
(A) the nature of the conflict of interest at 
issue; and 
(B) the nature and basis of such waiver or 
certification (other than information exempted 
from disclosure under section 552 of title 5, 
United States Code (popularly known as the 
Freedom of Information Act)); or
184 
HR 2744 PP 
(2) 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. 
(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 con-
fidential report to the Inspector General of the Department 
of Health and Human Services of the efforts made to iden-
tify qualified persons for such appointment with minimal 
or no potential conflicts of interest. 
SEC. 781. (a) Hereafter, none of the funds made avail-
able by this Act or any other Act may be used to publish, 
disseminate, or distribute Agriculture Information Bulletin 
Number 787. 
(b) Of the funds provided to the Economic Research 
Service, the Secretary of Agriculture shall enter into an 
agreement with the National Academy of Sciences to con-
duct a comprehensive report on the economic development 
and current status of the sheep industry in the United 
States.
185 
HR 2744 PP 
SEC. 782. The Secretary of Agriculture may establish 
a demonstration intermediate relending program for the 
construction and rehabilitation of housing for the Mis-
sissippi Band of Choctaw Indians: Provided, That the in-
terest rate for direct loans shall be 1 percent: Provided fur-
ther, That no later than one year after the establishment 
of this program the Secretary shall provide the Committees 
on Appropriations with a report providing information on 
the program structure, management, and general demo-
graphic information on the loan recipients. 
SEC. 783. None of the funds made available by this 
Act may be used to provide funding to a research facility 
that purchases animals from a dealer that holds a Class 
B license under the Animal Welfare Act (7 U.S.C. 2131 et 
seq.). 
SEC. 784. None of the funds made available by this 
Act may be used to approve for human consumption under 
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) any 
cattle, sheep, swine, or goats, or horses, mules, or other 
equines that are unable to stand or walk unassisted at a 
slaughtering, packing, meat-canning, rendering, or similar 
establishment subject to inspection at the point of examina-
tion and inspection under section 3(a) of that Act (21 
U.S.C. 603(a)).
186 
HR 2744 PP 
SEC. 785. None of the funds made available by this 
or any other Act may be used to close or relocate a county 
or local Farm Service Agency office unless or until the Sec-
retary of Agriculture has determined the cost effectiveness 
and enhancement of program delivery of the closure or relo-
cation, and report to the House and Senate Committees on 
Agriculture and Appropriations. 
SEC. 786. None of the funds made available in this 
Act may be used to pay the salaries or expenses of personnel 
to inspect horses under section 3 of the Federal Meat Inspec-
tion Act (21 U.S.C. 603) or under the guidelines issued 
under section 903 the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104– 
127). 
SEC. 787. Section 508(a)(4)(B) of the Federal Crop In-
surance Act (7 U.S.C. 1508(a)(4)(B)) is amended by insert-
ing ‘‘or similar commodities’’ after ‘‘the commodity’’. 
SEC. 788. 90 days before initiating any structural 
change in a mission area of the Department, the Secretary 
of Agriculture shall provide notice of the change to the Com-
mittees on Appropriations of the Senate and the House of 
Representatives. 
SEC. 789. (a) Notwithstanding subtitles B and C of 
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 
4501 et seq.), during fiscal year 2006, the National Dairy
187 
HR 2744 PP 
Promotion and Research Board may obligate and expend 
funds for any activity to improve the environment and pub-
lic health. 
(b) The Secretary of Agriculture shall review the im-
pact of any expenditures under subsection (a) and include 
the review in the 2007 report of the Secretary to Congress 
on the dairy promotion program established under subtitle 
B of the Dairy Production Stabilization Act of 1983 (7 
U.S.C. 4501 et seq.). 
SEC. 790. Section 274(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by add-
ing at the end the following: ‘‘(C) It is not a violation of 
clauses (ii) or (iii) of subparagraph (A), or of clause (iv) 
of subparagraph (A) except where a person encourages or 
induces an alien to come to or enter the United States, for 
a religious denomination having a bona fide nonprofit, reli-
gious organization in the United States, or the agents or 
officers of such denomination or organization, to encourage, 
invite, call, allow, or enable an alien who is present in the 
United States to perform the vocation of a minister or mis-
sionary for the denomination or organization in the United 
States as a volunteer who is not compensated as an em-
ployee, notwithstanding the provision of room, board, trav-
el, medical assistance, and other basic living expenses, pro-
188 
HR 2744 PP 
vided the minister or missionary has been a member of the 
denomination for at least one year.’’ 
SEC. 791. The Federal facility located at the South 
Mississippi Branch Experiment Station in Poplarville, 
Mississippi, and known as the ‘‘Southern Horticultural 
Laboratory’’, shall be known and designated as the ‘‘Thad 
Cochran Southern Horticultural Laboratory’’: Provided, 
That any reference in law, map, regulation, document, 
paper, or other record of the United States to such Federal 
facility shall be deemed to be a reference to the ‘‘Thad Coch-
ran Southern Horticultural Laboratory’’. 
SEC. 792. As soon as practicable after the Agricultural 
Research Service operations at the Western Cotton Research 
Laboratory located at 4135 East Broadway Road in Phoe-
nix, Arizona, have ceased, the Secretary of Agriculture may 
convey, without consideration, to the Arizona Cotton Grow-
ers Association and Supima all right, title, and interest of 
the United States in and to the real property at that loca-
tion, including improvements. 
SEC. 793. The Secretary of Agriculture shall— 
(1) as soon as practicable after the date of enact-
ment of this Act, conduct an evaluation of any im-
pacts of the court decision in Harvey v. Veneman, 
396 F.3d 28 (1st Cir. Me. 2005); and
189 
HR 2744 PP 
(2) not later than 90 days after the date of en-
actment of this Act, submit to Congress a report 
that— 
(A) describes the results of the evaluation 
conducted under paragraph (1); 
(B) includes a determination by the Sec-
retary on whether restoring the National Organic 
Program, as in effect on the day before the date 
of the court decision described in paragraph (1), 
would adversely affect organic farmers, organic 
food processors, and consumers; 
(C) analyzes issues regarding the use of syn-
thetic ingredients in processing and handling; 
(D) analyzes the utility of expedited peti-
tions for commercially unavailable agricultural 
commodities and products; and 
(E) considers the use of crops and forage 
from land included in the organic system plan 
of dairy farms that are in the third year of or-
ganic management. 
SEC. 794. (a) Not later than 90 days after the date 
of enactment of this Act, the Administrator of the Animal 
and Plant Health Inspection Service (referred to in this sec-
tion as the ‘‘Administrator’’) shall publish in the Federal
190 
HR 2744 PP 
Register uniform methods and rules for addressing chronic 
wasting disease. 
(b) If the Administrator does not publish the uniform 
methods and rules by the deadline specified in subsection 
(a), not later than 30 days after the deadline and every 
30 days thereafter until the uniform methods and rules are 
published in accordance with that subsection, the Adminis-
trator shall submit to Congress a report that— 
(1) describes the status of the uniform methods 
and rules; and 
(2) provides an estimated completion date for the 
uniform methods and rules. 
SEC. 795. (a) In carrying out a livestock assistance, 
compensation, or feed program, the Secretary of Agriculture 
shall include horses within the definition of ‘‘livestock’’ cov-
ered by the program. 
(b)(1) Section 602(2) of the Agricultural Act of 1949 
(7 U.S.C. 1471(2)) is amended— 
(A) by inserting ‘‘horses’’, after ‘‘bison’’; and 
(B) by striking ‘‘equine animals used for food or 
in the production of food,’’. 
(2) Section 806 of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Ap-
propriations Act, 2001 (Public Law 106–387; 114 Stat.
191 
HR 2744 PP 
1549A–51) is amended by inserting ‘‘(including losses to 
elk, reindeer, bison, and horses)’’ after ‘‘livestock losses’’. 
(3) Section 10104(a) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 1472(a)) is amended by 
striking ‘‘and bison’’ and inserting ‘‘bison, and horses’’. 
(4) Section 203(d)(2) of the Agricultural Assistance 
Act of 2003 (Public Law 108–7; 117 Stat. 541) is amended 
by striking ‘‘and bison’’ and inserting ‘‘bison, and horses’’. 
(c)(1) This section and the amendments made by this 
section apply to losses resulting from a disaster that occurs 
on or after July 28, 2005. 
(2) This section and the amendments made by this sec-
tion do not apply to losses resulting from a disaster that 
occurred before July 28, 2005. 
SEC. 796. With respect to the sale of the Thermo 
Pressed Laminates building in Klamath Falls, Oregon, the 
Secretary of Agriculture may allow the Klamath County 
Economic Development Corporation to establish a revolving 
economic development loan fund with the funds that other-
wise would be required to be repaid to the Secretary in ac-
cordance with the rural business enterprise grant under sec-
tion 310B(c)(1)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1932(c)). 
SEC. 797. SENSE OF THE SENATE.—(a) FINDINGS.— 
The Senate finds the following:
192 
HR 2744 PP 
(1) In a time of national catastrophe, it is the 
responsibility of Congress and the Executive Branch 
to take quick and decisive action to help those in 
need. 
(2) The size, scope, and complexity of Hurricane 
Katrina are unprecedented, and the emergency re-
sponse and long-term recovery efforts will be extensive 
and require significant resources. 
(3) It is the responsibility of Congress and the 
Executive Branch to ensure the financial stability of 
the nation by being good stewards of Americans’ 
hard-earned tax dollars. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that any funding directive contained in this Act, or its 
accompanying report, that is not specifically authorized in 
any Federal law as of the date of enactment of this section, 
or Act or resolution passed by the Senate during the 1st 
Session of the 109th Congress prior to such date, or pro-
posed in pursuance to an estimate submitted in accordance 
with law, that is for the benefit of an identifiable program, 
project, activity, entity, or jurisdiction and is not directly 
related to the impact of Hurricane Katrina, may be redi-
rected to recovery efforts if the appropriate head of an agen-
cy or department determines, after consultation with appro-
priate Congressional Committees, that the funding directive
193 
HR 2744 PP 
is not of national significance or is not in the public inter-
est. 
SEC. 798. (a) The Senate finds the following: 
(1) Research and development have been critical 
components of the prosperity of the United States. 
(2) The United States is entering an increas-
ingly competitive world in the 21st century. 
(3) The National Academy of Sciences has found 
that public agricultural research and development ex-
penditures in the United States were the lowest of 
any developed country in the world. 
(4) The Nation needs to ensure that public 
spending for agricultural research is commensurate 
with the importance of agriculture to the long-term 
economic health of the Nation. 
(5) Research and development is critical to en-
suring that American agriculture remains strong and 
vital in the coming decades. 
(b) It is the sense of the Senate that, in order for the 
United States to remain competitive, the President and the 
Department of Agriculture should increase public sector 
funding of agricultural research and development. 
SEC. 799. It is the sense of the Senate that— 
(1) the Senate—
194 
HR 2744 PP 
(A) encourages expanded efforts to alleviate 
hunger throughout developing countries; and 
(B) pledges to continue to support inter-
national hunger relief efforts; 
(2) the United States Government should use fi-
nancial and diplomatic resources to work with other 
donors to ensure that food aid programs receive all 
necessary funding and supplies; and 
(3) food aid should be provided in conjunction 
with measures to alleviate hunger, malnutrition, and 
poverty. 
SEC. 800. Amounts made available for the Plant Mate-
rials Center in Fallon, Nevada, under the heading ‘‘CON-
SERVATION OPERATIONS’’ under the heading ‘‘NATURAL RE-
SOURCES CONSERVATION SERVICE’’ of title II of the Agri-
culture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2005 (Pub-
lic Law 108–447; 118 Stat. 2823) shall remain available 
until expended. 
SEC. 801. Not later than 90 days after the date of en-
actment of this Act, the Secretary of Agriculture, in co-
operation with the Secretary of Energy, shall provide to the 
Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives 
a report that describes the impact of increased prices of gas,
195 
HR 2744 PP 
natural gas, and diesel on agricultural producers, ranchers, 
and rural communities. 
SEC. 802. The Secretary of Agriculture (referred to in 
this section as the ‘‘Secretary’’) shall prepare a report for 
submission by the President to Congress, along with the fis-
cal year 2007 budget request under section 1105 of title 31, 
United States Code, that— 
(1) identifies measures to address bark beetle in-
festation and the impacts of bark beetle infestation as 
the first priority for assistance under the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6501 et 
seq.); 
(2) describes activities that will be conducted by 
the Secretary to address bark beetle infestations and 
the impacts of bark beetle infestations; 
(3) describes the financial and technical re-
sources that will be dedicated by the Secretary to 
measures to address bark beetle infestations and the 
impacts of the infestations; and 
(4) describes the manner in which the Secretary 
will coordinate with the Secretary of the Interior and 
State and local governments in conducting the activi-
ties under paragraph (2). 
SEC. 803. Any limitation, directive, or earmarking 
contained in either the House of Representatives or Senate
196 
HR 2744 PP 
report accompanying H.R. 2744 shall also be included in 
the conference report or joint statement accompanying H.R. 
2744 in order to be considered as having been approved by 
both Houses of Congress. 
SEC. 804. (a) Congress makes the following findings: 
(1) Consumers need clear and consistent infor-
mation about the risks associated with exposure to the 
sun, and the protection offered by over-the-counter 
sunscreen products. 
(2) The Food and Drug Administration (referred 
to in this section as the ‘‘FDA’’) began developing a 
monograph for over-the-counter sunscreen products in 
1978. 
(3) In 2002, after 23 years, the FDA issued the 
final monograph for such sunscreen products. 
(4) One of the most critical aspects of sunscreen 
is how to measure protection against UVA rays, 
which cause skin cancer. 
(5) The final sunscreen monograph failed to ad-
dress this critical aspect and, accordingly, the mono-
graph was stayed shortly after being issued until 
issuance of a comprehensive monograph. 
(6) Skin cancer rates continue to rise, especially 
in younger adults and women.
197 
HR 2744 PP 
(7) Pursuant to section 751 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379r), a Federal 
rule on sunscreen labeling would preempt any related 
State labeling requirements. 
(8) The absence of a Federal rule could lead to 
a patchwork of State labeling requirements that 
would be confusing to consumers and unnecessarily 
burdensome to manufacturers. 
(b) It is the sense of Congress that the FDA should, 
not later than one year after the date of enactment of this 
Act, issue a comprehensive final monograph for over-the- 
counter sunscreen products, including UVA and UVB label-
ing requirements, in order to provide consumers with all 
the necessary information regarding the dangers of skin 
cancer and the importance of wearing sunscreen. 
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related 
Agencies Appropriations Act, 2006’’. 
Passed the House of Representatives June 8, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate September 22, 2005. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.