[Congressional Record Volume 150, Number 96 (Tuesday, July 13, 2004)]
[House]
[Pages H5574-H5581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2005
The SPEAKER pro tempore. Pursuant to House Resolution 710 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4766.
{time} 1350
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 4766) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2005, and for other purposes, with Mr.
Bass in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today the
bill had been read through page 44, line 11.
Pursuant to the order of the House of today, the bill is considered
as read and open for amendment at any point.
The text of the remainder of H.R. 4766 is as follows:
Rural Cooperative Development Grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $23,500,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,500,000 shall be for
cooperatives or associations of cooperatives whose primary
focus is to provide assistance to small, minority producers
and whose governing board and/or membership is comprised of
at least 75 percent minority; and of which not to exceed
$15,500,000, to remain available until expended, shall be for
value-added agricultural product market development grants,
as authorized by section 6401 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1621 note).
Rural Empowerment Zones and Enterprise Community Grants
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $11,419,000, to
remain available until expended, for designated rural
empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277): Provided, That of the funds
appropriated, $1,000,000 shall be made available to third
round empowerment zones, as authorized by the Community
Renewal Tax Relief Act (Public Law 106-554).
Renewable Energy Program
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $15,000,000 for direct and
guaranteed renewable energy loans and grants: Provided, That
the cost of direct loans and loan guarantees, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
Rural Utilities Service
Rural Electrification and Telecommunications Loans Program Account
(including transfer of funds)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$120,000,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,100,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant
to section 313A, $1,000,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $125,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $5,058,000, and the cost of telecommunications loans,
$100,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,323,000
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
Rural Telephone Bank Program Account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2005 and within the resources
and authority available, gross obligations for the principal
amount of direct loans shall be $175,000,000.
For administrative expenses, including audits, necessary to
carry out the loan programs, $3,152,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Distance Learning, Telemedicine, and Broadband Program
For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount
of direct broadband telecommunication loans, $464,038,000.
For the cost of direct loans and grants for telemedicine
and distance learning services in rural areas, as authorized
by 7 U.S.C. 950aaa et seq., $25,710,000, to remain available
until expended, of which $710,000 shall be for direct loans:
Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $9,884,000: Provided, That the interest rate for
such loans shall be the cost of borrowing to the Department
of the Treasury for obligations of comparable maturity:
Provided further, That the
[[Page H5575]]
cost of direct loans shall be as defined in section 502 of
the Congressional Budget Act of 1974.
In addition, $9,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition, and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $595,000.
FOOD AND NUTRITION SERVICE
Child Nutrition Programs
(including transfers of funds)
For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $11,380,557,000, to remain
available through September 30, 2006, of which $6,227,595,000
is hereby appropriated and $5,152,962,000 shall be derived by
transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the
funds made available under this heading shall be used for
studies and evaluations: Provided further, That up to
$5,235,000 shall be available for independent verification of
school food service claims.
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,907,250,000, to remain available through September 30,
2006: Provided, That of the total amount available, the
Secretary shall obligate not less than $15,000,000 for a
breastfeeding support initiative in addition to the
activities specified in section 17(h)(3)(A): Provided
further, That notwithstanding section 17(h)(10)(A) of such
Act, $14,000,000 shall be available for the purposes
specified in section 17(h)(10)(B): Provided further, That
none of the funds made available under this heading shall be
used for studies and evaluations: Provided further, That none
of the funds in this Act shall be available to pay
administrative expenses of WIC clinics except those that have
an announced policy of prohibiting smoking within the space
used to carry out the program: Provided further, That none of
the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.
Food Stamp Program
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $33,635,798,000, of which
$3,000,000,000 to remain available through September 30,
2006, shall be placed in reserve for use only in such amounts
and at such times as may become necessary to carry out
program operations: Provided, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That of the funds made
available under this heading and not already appropriated to
the Food Distribution Program on Indian Reservations (FDPIR)
established under section 4(b) of the Food Stamp Act of 1977
(7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used to
purchase bison meat for the FDPIR from Native American bison
producers: Provided further, That funds provided herein shall
be expended in accordance with section 16 of the Food Stamp
Act: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as
may be required by law: Provided further, That funds made
available for Employment and Training under this heading
shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act: Provided further,
That notwithstanding section 5(d) of the Food Stamp Act of
1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United
States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of
the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it
was not received immediately prior to serving in the combat
zone.
Commodity Assistance Program
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; and special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$178,797,000, to remain available through September 30, 2006:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program.
Nutrition Programs Administration
For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$133,742,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution
of fraud and other violations of law: Provided, That none of
the funds made available under this heading may be used to
pay the salaries and expenses of employees of the Food and
Nutrition Service to review, evaluate, or approve State Plans
under the Special Supplemental Nutrition Program for Women,
Infants and Children (WIC) that provide for vendors to
operate stores that cater only to WIC participants if these
type stores did not operate in that State prior to fiscal
year 2005.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
Salaries and Expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of
1954 (7 U.S.C. 1761-1768), market development activities
abroad, and for enabling the Secretary to coordinate and
integrate activities of the Department in connection with
foreign agricultural work, including not to exceed $158,000
for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$137,722,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed
pursuant to the agricultural food production assistance
programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
Public Law 480 Title I Program Account
(including transfers of funds)
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954,
and the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $86,420,000,
to remain available until expended: Provided, That the
Secretary of Agriculture may implement a commodity
monetization program under existing provisions of the Food
for Progress Act of 1985 to provide no less than $5,000,000
in local-currency funding support for rural electrification
development overseas.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food
for Progress Act of 1985, to the extent funds appropriated
for Public Law 83-480 are utilized, $2,371,000, of which
$1,102,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $1,269,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
Public Law 480 Title I Ocean Freight Differential Grants
(including transfer of funds)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the
Food for Progress Act of 1985, $22,723,000, to remain
available until expended: Provided, That funds made available
for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I
ocean freight differential may be used interchangeably
between the two accounts with prior notice to the Committees
on Appropriations of both Houses of Congress.
Public Law 480 Title II Grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $1,180,002,000, to remain available until expended.
Commodity Credit Corporation Export Loans Program Account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $4,473,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,440,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $1,033,000 may
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
McGovern-Dole International Food for Education and Child Nutrition
Program Grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7
[[Page H5576]]
U.S.C. 1736o-1), $75,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and
authorities for the purpose of implementing such section,
subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
Salaries and Expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $1,788,849,000: Provided,
That of the amount provided under this heading, $284,394,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended: Provided further, That this
amount shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2006 but
collected in fiscal year 2005; $33,938,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j,
and shall be credited to this account and remain available
until expended; and $8,000,000 shall be derived from animal
drug user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug,
medical device, and animal drug assessments received during
fiscal year 2005, including any such fees assessed prior to
the current fiscal year but credited during the current year,
shall be subject to the fiscal year 2005 limitation: Provided
further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by
31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $446,655,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$499,255,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $172,414,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$98,610,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $232,578,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $40,530,000 shall be
for the National Center for Toxicological Research; (7)
$52,722,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration
for rent; (8) $129,815,000 shall be for payments to the
General Services Administration for rent; and (9)
$116,270,000 shall be for other activities, including the
Office of the Commissioner; the Office of Management and
Systems; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices:
Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available
until expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $93,327,000, including not to exceed
$3,000 for official reception and representation expenses.
FARM CREDIT ADMINISTRATION
Limitation on Administrative Expenses
Not to exceed $42,900,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
(including rescissions of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 388 passenger
motor vehicles, of which 388 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, up to $12,000,000
in the low pathogen avian influenza program for indemnities,
up to $33,197,000 in animal health monitoring and
surveillance for the animal identification system, up to
$3,000,000 in the emergency management systems program for
the vaccine bank, and up to 25 percent of the screwworm
program; Food Safety and Inspection Service, field automation
and information management project; Cooperative State
Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the
Research, Education, and Economics Information System
(REEIS), and funds for the Native American Institutions
Endowment Fund; Farm Service Agency, salaries and expenses
funds made available to county committees; Foreign
Agricultural Service, middle-income country training program,
and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service.
Sec. 705. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 706. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall
be available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28,
1954 (7 U.S.C. 1766b).
Sec. 707. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 708. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such
space will be jointly occupied.
Sec. 709. None of the funds in this Act shall be available
to pay indirect costs charged against competitive
agricultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 25 percent of total Federal
funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education,
and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section
9 of the Small Business Act (15 U.S.C. 638).
Sec. 710. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 711. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Telephone Bank program account, the Rural
Electrification and Telecommunication Loans program account,
and the Rural Housing Insurance Fund program account.
Sec. 712. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount
within the accounting records of the Rural Telephone Bank the
creation of which has not specifically been authorized by
statute: Provided, That notwithstanding any other provision
of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury
or to the Federal Financing Bank any unobligated balance of
the Rural Telephone Bank telephone liquidating account which
is in excess of current requirements and such balance shall
receive interest as set forth for financial accounts in
section 505(c) of the Federal Credit Reform Act of 1990.
Sec. 713. Of the funds made available by this Act, not more
than $1,800,000 shall be
[[Page H5577]]
used to cover necessary expenses of activities related to all
advisory committees, panels, commissions, and task forces of
the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to
evaluate competitively awarded grants.
Sec. 714. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 715. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment.
Sec. 716. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 717. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer.
Sec. 718. (a) Notwithstanding any other provision of law,
none of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees.
(b) Notwithstanding any other provision of law, none of the
funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing
a program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
Sec. 719. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds
appropriated or otherwise made available by this or any other
Act may be used to pay the salaries and expenses of personnel
to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems
(7 U.S.C. 7621). Funds under section 401 for fiscal year 2005
are hereby cancelled.
Sec. 720. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2006
appropriations Act.
Sec. 721. None of the funds made available by this or any
other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 722. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for
the purpose of providing Bill Emerson and Mickey Leland
Hunger Fellowships, through the Congressional Hunger Center.
Sec. 723. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1736f), any balances available to carry out title III of such
Act as of the date of enactment of this Act, and any
recoveries and reimbursements that become available to carry
out title III of such Act, may be used to carry out title II
of such Act.
Sec. 724. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,998,000'' and inserting ``$27,498,000''.
Sec. 725. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to collect from the lender at the time
of issuance a guarantee fee of less than 2 percent of the
principal obligation of guaranteed single-family housing
loans administered by the Rural Housing Service.
Sec. 726. Notwithstanding any other provision of law, the
Secretary shall consider the City of Salinas, California; the
City of Watsonville, California; the City of Hollister,
California; the Town of Ulster, New York; County of Cleburne,
Alabama; the City of Coachella, California; the City of Casa
Grande, Arizona; the City of Creedmoor, North Carolina; the
City of Eureka, California; the City of Clarksdale,
Mississippi; the City of Vicksburg, Mississippi; the City of
Wewahitchka, Florida; the Town of Horseshoe Beach, Florida;
and the City of Carbondale, Illinois, as meeting the
eligibility requirements for loan and grant programs in the
Rural Development mission area.
Sec. 727. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance to the DuPage County,
Illinois, Kress Creek Water Quality Enhancement Project, from
funds available for the Watershed and Flood Prevention
Operations program, not to exceed $1,360,000 and Rockhouse
Creek Watershed, Leslie County, Kentucky, not to exceed
$1,000,000.
Sec. 728. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this or
any other appropriation Act.
Sec. 729. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 730. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 731. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 732. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107-171 (7 U.S.C. 2655).
Sec. 733. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments
outside of the Treasury, are not required to establish
obligations and outlays for those investments, provided those
investments are insured by the Federal Deposit Insurance
Corporation or are collateralized at the Federal Reserve with
securities approved by the Federal Reserve, operating under
the guidelines of the United States Department of the
Treasury.
Sec. 734. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of
175,000 acres in the calendar year 2005 wetlands reserve
program as authorized by 16 U.S.C. 3837.
Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel who carry out an
environmental quality incentives program authorized by
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) in excess of
$1,010,000,000.
Sec. 737. The Secretary of Agriculture is authorized to
permit employees of the United States Department of
Agriculture to carry and use firearms for personal protection
while conducting field work in remote locations in the
performance of their official duties.
Sec. 738. None of the funds appropriated or otherwise made
available by this or any
[[Page H5578]]
other Act shall be used to pay the salaries and expenses of
personnel to expend the $23,000,000 made available by section
9006(f) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106(f)).
Sec. 739. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a Broadband
Program as authorized by 601(j)(A) of 7 U.S.C.
950bb(j)(1)(A). $40,000,000 of the funds available under such
section are hereby cancelled.
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a Value-added
grant program as authorized by 231(b)(4) of 7 U.S.C. 1621
note. $80,000,000 of the funds available under such section
are hereby cancelled.
Sec. 741. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that Act,
the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not to
exceed an average of 30 basis points per year for the term of
the loan, to ensure that sufficient funds are available to
pay the subsidy costs for note guarantees under that section.
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a
Conservation Security Program authorized by 16 U.S.C. 3838,
et seq., in excess of $194,411,000.
Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a wildlife
habitat incentives program authorized under section 2502 of
Public Law 107-171, the Farm Security and Rural Investment
Act of 2002, in excess of $60,000,000.
Sec. 744. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2503
of Public Law 107-171, the Farm Security and Rural Investment
Act of 2002, in excess of $112,044,000.
Sec. 745. The Secretary of Agriculture shall use $1,000,000
of the funds of the Commodity Credit Corporation, to remain
available until expended, to compensate commercial citrus and
lime growers in the State of Florida for tree replacement and
for lost production with respect to trees removed to control
citrus canker, and with respect to certified citrus nursery
stocks within the citrus canker quarantine areas, as
determined by the Secretary. For a grower to receive
assistance for a tree under this section, the tree must have
been removed after September 30, 2001.
Sec. 746. None of the funds appropriated or otherwise made
available by this, or any other Act, may be used to pay the
salaries and expenses of personnel to carry out Subtitle H
(the Rural Business Investment Program) of the Consolidated
Farm and Rural Development Act, as amended by the Farm
Security and Rural Investment Act of 2002 (Public Law 107-
171).
Sec. 747. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law
105-264.
Sec. 748. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant
Health Inspection Service published on July 8, 2003 (Docket
No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 749. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a
contract with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating
to rural development or farm loan programs.
Sec. 750. Notwithstanding any other provision of law, the
Secretary of Agriculture may use appropriations available to
the Secretary for activities authorized under sections 426-
426c of title 7, United States Code, under this or any other
Act, to enter into cooperative agreements, with a State,
political subdivision, or agency thereof, a public or private
agency, organization, or any other person, to lease aircraft
if the Secretary determines that the objectives of the
agreement will: (1) serve a mutual interest of the parties to
the agreement in carrying out the programs administered by
the Animal and Plant Health Inspection Service, Wildlife
Services; and (2) all parties will contribute resources to
the accomplishment of these objectives; award of a
cooperative agreement authorized by the Secretary may be made
for an initial term not to exceed 5 years.
Sec. 751. Of the unobligated balances in the Local
Television Loan Guarantee Program account, $88,000,000, are
hereby rescinded.
Sec. 752. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 9010
of Public Law 107-171, the Farm Security and Rural Investment
Act of 2002, in excess of $100,000,000.
Sec. 753. The matter under the heading ``Rural Community
Advancement Program'' in division A--Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Programs Appropriations, 2004, title III--Rural
Development Programs, in Public Law 108-199 is amended by
striking ``$1,750,000 shall be for grants to the Delta
Regional Authority (7 U.S.C. 1921 et seq.); and not less than
$2,000,000 shall be available for grants in accordance with
section 310B(f) of the Consolidated Farm and Rural
Development Act'' and inserting ``and not less than
$2,000,000 shall be available for grants in accordance with
section 310B(f) of the Consolidated Farm and Rural
Development Act: Provided further, That of the total amount
appropriated in this account, $1,750,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for
any Rural Community Advancement Program purpose''.
Sec. 754. Of the unobligated balances available in the
Rural Housing Assistance Grant Program account, $1,000,000 is
hereby rescinded.
Sec. 755. Of the unobligated balances available in the
Rural Housing Insurance Fund Program account, $3,000,000 is
hereby rescinded.
Sec. 756. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in fiscal
years 2002, 2003, 2004, and 2005 shall remain available until
expended to cover obligations made in fiscal years 2002,
2003, 2004, and 2005, respectively: Provided, That
unobligated funds that are available at the end of each
fiscal year are returned to the Treasury.
Sec. 757. None of the funds appropriated or otherwise made
available by this Act for the Food and Drug Administration
may be used under section 801 of the Federal Food, Drug, and
Cosmetic Act to prevent an individual not in the business of
importing a prescription drug within the meaning of section
801(g) of such Act, wholesalers, or pharmacists from
importing a prescription drug which complies with sections
501, 502, and 505.
Sec. 758. Section 502(h)(6)(C) of the Housing Act of 1949
(42 U.S.C. 1472(h)(6)(C)) is amended by adding, ``, plus the
guarantee fee as authorized by subsection (h)(7)'' after the
phrase, ``whichever is less'', in each of paragraphs (i) and
(ii).
This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2005''.
The CHAIRMAN. No further amendment to the bill may be offered except
pro forma amendments offered at any point in the reading by the
chairman or ranking minority member of the Committee on Appropriations
or their designees for the purpose of debate; amendments 4, 5, 6, 8,
and 12; amendments 7, 10, and 13, each of which shall be debatable for
20 minutes; an amendment by the gentlewoman from Ohio (Ms. Kaptur)
regarding Farmers Market Promotion Program, which will be debatable for
20 minutes; an amendment by the gentlewoman from Ohio (Ms. Kaptur)
regarding outsourcing, which shall be debatable for 20 minutes; an
amendment by the gentleman from California (Mr. Baca) regarding Office
of Assistant Secretary of Civil Rights; an amendment by the gentleman
from Washington (Mr. Baird) regarding livestock compensation; an
amendment by the gentleman from Ohio (Mr. Brown) regarding
fluoroquinolone; an amendment by the gentleman from New York (Mr.
Hinchey) regarding FDA, which shall be debatable for 20 minutes; an
amendment by the gentlewoman from New York (Mrs. Maloney) regarding
contraceptives, which shall be debatable for 40 minutes; an amendment
by the gentleman from Wisconsin (Mr. Obey) regarding information
technology systems; an amendment by the gentleman from Wisconsin (Mr.
Obey) regarding circular A-76; an amendment by the gentleman from
Arizona (Mr. Flake) regarding tobacco, which will be debatable for 40
minutes; an amendment by the gentleman from Vermont (Mr. Sanders)
regarding agriculture tourism, which shall be debatable for 14 minutes;
and an amendment by the gentleman from Colorado (Mr. Tancredo)
regarding food stamps, which shall be debatable for 20 minutes.
Each such amendment may be offered only by the Member designated in
the request, or a designee, or the Member who caused it to be printed
in the Record, or a designee, shall be considered as read, shall not be
subject to amendment, and shall not be subject to a demand for a
division of the question.
Except as otherwise specified, each amendment shall be debatable for
10 minutes, equally divided and controlled by the proponent and an
opponent. An amendment shall be considered to fit the description
stated in the request if it addresses in whole or in part the object
described.
Point of Order
Mr. TOM DAVIS of Virginia. Mr. Chairman, I raise a point of order
against section 717. This provision violates clause 2(b) of House rule
XXI. It
[[Page H5579]]
proposes to change existing law and therefore constitutes legislation
on an appropriation bill in violation of House rules.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
Mr. OBEY. Mr. Chairman, I wish to be heard on the point of order.
Mr. Chairman, my understanding of the situation before us is that the
gentleman from Virginia is objecting to section 717 of the bill
beginning on page 66 which attempts to discipline the agency because
the Committee on Appropriations has learned that USDA had transferred
millions of dollars for agency funds to the Chief Information Officer
of the Department for some of his favorite initiatives, contrary to the
written advice of the USDA general counsel.
My understanding further is that these actions are in direct and
total defiance of the Congress on this issue. They directly violate
specific bill language in the fiscal 2004 bill which prohibited such
transfers without the prior approval of both of the appropriation
committees in the Senate and the House.
Mr. Chairman, if the gentleman insists on pursuing his point of
order, the only practical effect will be that the Congress has declined
to take any disciplinary action whatsoever against the agency after the
agency has determined that it is acceptable to expend taxpayers' money
in defiance of the law. I regret very much that the gentleman seeks to
eliminate this language. If he does, there is not much that I can do
about it, but I think it is a shame indeed when the Congress of the
United States will not insist that an agency expends money only in
compliance with the law.
The CHAIRMAN. Does anyone else wish to be heard on the point of
order?
The Chair is prepared to rule.
The Chair finds that this provision includes language that explicitly
supersedes existing law and requires a new determination by, and places
new duties on, the Chief Information Officer.
The provision therefore constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained and the provision is stricken from
the bill.
Point of Order
Mr. GOODLATTE. Mr. Chairman, I make a point of order against section
751 of title VII in that it violates House rule XXI, clause 2 by
changing existing law and inserting legislative language in an
appropriation bill.
The CHAIRMAN. The gentleman from Virginia is recognized to speak on
the point of order.
Mr. GOODLATTE. Mr. Chairman, section 751 of the bill rescinds $88
million from the Local Television Loan Guarantee Program account. This
rescission terminates this program and is an attempt to authorize
legislation in an appropriations bill in violation of clause 2 of rule
XXI. I urge that the point of order be sustained and the section be
stricken from the bill.
The CHAIRMAN. Does anyone else wish to be heard on the point of
order?
The Chair is prepared to rule.
The provision identified in the point of order by the gentleman from
Virginia rescinds budget authority provided in a law other than an
appropriation act. As such, the provision constitutes legislation on an
appropriation bill in violation of clause 2 of rule XXI. The point of
order is sustained, and the provision is stricken from the bill.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on those amendments on which further proceedings were
postponed in the following order: amendment by the gentlewoman from
Oregon (Ms. Hooley) and amendment by the gentleman from New York (Mr.
Weiner).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment Offered by Ms. Hooley of Oregon
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 260,
noes 160, not voting 13, as follows:
[Roll No. 363]
AYES--260
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Bartlett (MD)
Bass
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Boehlert
Bono
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Burns
Calvert
Capps
Capuano
Cardin
Cardoza
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Dreier
Edwards
Ehlers
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Ford
Fossella
Frank (MA)
Frost
Gallegly
Gerlach
Gonzalez
Gordon
Green (TX)
Green (WI)
Grijalva
Gutierrez
Harman
Harris
Hastings (FL)
Hastings (WA)
Hefley
Herseth
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Issa
Jackson (IL)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (NY)
Kleczka
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lynch
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McHugh
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Nethercutt
Oberstar
Obey
Olver
Ortiz
Ose
Otter
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Platts
Pombo
Pomeroy
Price (NC)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reyes
Rodriguez
Rogers (MI)
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Shays
Sherman
Shimkus
Shuster
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Thomas
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Wexler
Whitfield
Woolsey
Wu
Wynn
NOES--160
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Barton (TX)
Beauprez
Biggert
Bishop (UT)
Blunt
Boehner
Bonilla
Bonner
Boozman
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burr
Burton (IN)
Buyer
Camp
Cannon
Cantor
Capito
Carson (OK)
Carter
Castle
Chabot
Chocola
Coble
Cole
Cox
Crane
Crenshaw
Cubin
Culberson
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Duncan
Dunn
Emerson
English
Everett
Feeney
Ferguson
Flake
Forbes
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Greenwood
Hall
Hart
Hayes
Hayworth
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Jenkins
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
King (IA)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
McCotter
McCrery
McInnis
Miller (FL)
Miller (MI)
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Porter
Portman
Pryce (OH)
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
[[Page H5580]]
Rohrabacher
Ros-Lehtinen
Rush
Ryan (WI)
Ryun (KS)
Schrock
Sessions
Shadegg
Shaw
Sherwood
Simpson
Smith (MI)
Smith (TX)
Tauzin
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Toomey
Walsh
Weldon (FL)
Weller
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--13
Carson (IN)
Collins
Deutsch
Dooley (CA)
Gephardt
Gutknecht
Isakson
Istook
Jackson-Lee (TX)
Lee
Majette
Saxton
Vitter
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Miller of Florida) (during the vote).
Members are advised that the voting machine may not be operational.
Before the Members leave the Chamber, members are asked to check their
votes. The voting machine is undergoing technical difficulties, and
Members may be able to vote from the well.
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (during the vote). Members are advised not
to leave the Chamber. The voting machine is inoperable at this time.
Please do not cast votes even in the well at this time as the
electronic voting system is inoperable and the clerk has no way of
tallying the votes.
The clerk is working on rebooting the voting system, which would
require everyone to cast their votes a second time if they have already
voted.
{time} 1415
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Miller of Florida) (during the vote).
The Chair is advised that the electronic voting system has been
restarted, and the electronic vote will be conducted anew, a totally
fresh start. Members must recast their votes even if they previously
cast votes under the earlier, defective electronic vote.
The bells will be rung to indicate a 15-minute vote on the Hooley
amendment, followed by a 5-minute vote on the Weiner amendment.
The vote was taken by electronic device, and there were--ayes 260,
noes 160, not voting 13, as follows:
{time} 1437
Messrs. Pombo, Sullivan, Fossella, and Gerlach changed their vote
from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Weiner
The CHAIRMAN pro tempore (Mr. Miller of Florida). The pending
business is the demand for a recorded vote on the amendment offered by
the gentleman from New York (Mr. Weiner) on which further proceedings
were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 223,
noes 197, not voting 13, as follows:
[Roll No. 364]
AYES--223
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Case
Chandler
Clay
Clyburn
Conyers
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Edwards
Ehlers
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Filner
Ford
Fossella
Frank (MA)
Frost
Gonzalez
Gordon
Green (WI)
Grijalva
Gutierrez
Harman
Hastings (FL)
Hefley
Herseth
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Hyde
Inslee
Israel
Jackson (IL)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (NY)
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larson (CT)
LaTourette
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stenholm
Strickland
Stupak
Sweeney
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Weller
Wexler
Woolsey
Wu
Wynn
NOES--197
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Cooper
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Emerson
English
Everett
Feeney
Flake
Foley
Forbes
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (TX)
Greenwood
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Issa
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
King (IA)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
Leach
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
Manzullo
McCrery
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (TX)
Stearns
Sullivan
Tancredo
Tauzin
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--13
Carson (IN)
Collins
Deutsch
Gephardt
Gutknecht
Isakson
Istook
Jackson-Lee (TX)
Larsen (WA)
Lee
Majette
Saxton
Vitter
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.
{time} 1445
Mr. TAYLOR of North Carolina changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. BONILLA. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Camp) having assumed the chair, Mr. Miller of Florida, Chairman pro
tempore of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R.
[[Page H5581]]
4766) making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2005, and for other purposes, had come to no
resolution thereon.
____________________